While the NATHPO team will work diligently to identify and share EOs, Secretarial Orders (SOs), and other actions that will have an impact on the work THPOs do, we welcome your input on what we may have overlooked. While always encouraged, this assistance is especially important now due to  the sheer volume of EOs, SOs, and other actions taken in the opening days of this administration. Working together, I am optimistic we can keep track of what the Trump Administration is doing and determine how to effectively respond.  

In order to most efficiently collect the necessary information, please reach out to Ted Monoson, who works on government affairs for NATHPO. His email is Ted@NATHPO.org, and his phone number is 202.669.6392.  

There are a few actions that the Trump Administration has already taken that I want to flag for you: 

• On January 20th, President Trump signed an EO “unleashing American Energy” that represents a threat to THPOs’ efforts to protect and preserve cultural resources and sacred places. Section 5 (d) is particularly concerning, because it directs all Federal agency and department leaders to “undertake all available efforts to eliminate all delays within their respective permitting processes, including through, but not limited to, the use of general permitting and permit by rule.” This provision could be used by Federal officials to ignore the National Historic Preservation Act’s (NHPA) Section 106 review process, which is the central tool that THPOs use for protecting cultural resources and sacred places. We are also concerned about Section 9, which directs Federal agency leaders to “identify all agency actions that impose undue burdens on the domestic mining and processing of non-fuel minerals and undertake steps to revise or rescind such actions.”  

• On January 20th, President Trump also signed an EO “declaring a national energy emergency.” This EO allows for the “emergency approval” of projects. Such “emergency approvals” would be allowed to proceed without NHPA Section 106 reviews.   

• A third EO that President Trump signed on January 20th, could potentially have an impact on a wide variety of Federal funding for Tribal Nations, including THPO funding. In the EO titled “Ending Radical And Wasteful Government DEI Programs And Preferencing,” The EO targets “Federal grantees who received Federal funding to provide or advance DEI, DEIA, or ‘environmental justice’ programs.” Based on their actions related to funding for Tribal Colleges and Universities and other Tribal Nations’ programs, it appears the Trump Administration is categorizing them as DEI or DEIA programs. Because of this EO and the actions that followed, it is possible THPO funding will be targeted.  The decision to apply this EO to federal funding for Tribal Nations is in conflict with Supreme Court decisions that have determined that Tribal Nations and Tribal citizenship are political, not racial, classifications based on the United States' government-to-government relationship with and trust responsibility to Tribal Nations. I want to make it very clear NATHPO’s statement of the fact this EO does not apply to Tribal Nations in no way suggests NATHPO is supportive of the EO or any other efforts to eliminate funding for other programs that are vital for communities throughout America.     

Besides being concerned about EOs that could stand in the way of THPOs protecting and preserving cultural resources and sacred places, NATHPO was also profoundly disappointed that President Trump signed an EO changing the name of Mount Denali to Mount McKinley. As Alaska Sen. Lisa Murkowski said, “You can’t improve upon the name that Alaska’s Koyukon Athabascans bestowed on North America’s tallest peak, Denali – the Great One.” NATHPO is committed to working with its members and partners to restore names that reflect the heritage of Tribal Nations who have inhabited the United States since time immemorial.     

NATHPO is committed to supporting sovereign Tribal Nations as they exercise their trust and treaty rights to protect and preserve cultural resources and sacred places. Please share specific concerns directly with Ted. We will continue to monitor administration actions and engage as necessary.  

Here are additional resources to help you track administrative actions as they happen from the United Southern & Eastern Tribes and from Jenner & Block.