NATHPO STANDS WITH TRIBAL NATIONS DEPRIVED OF MEANING CONSULTATION IN THE SAN PEDRO VALLEY

A Newly-Filed "Friend Of The Court" Brief Seeks To Hold Federal Officials Accountable For Failing To Consult With Tribes Before Beginning Construction Of A New Transmission Line Impacting Their Sacred Places.

On Monday, July 29, 2024, The National Association of Historic Preservation Officers (NATHPO) filed an amicus brief in support of the Tohono O’odham Nation and the San Carlos Apache Tribe in their lawsuit against the U.S. Department of the Interior (DOI) for failing to properly consult with the Tribes under Section 106 of the National Historic Preservation Act (NHPA).

The NHPA requires federal agencies to consult with Tribes before embarking on projects that could harm places of religious or cultural importance and consider alternatives to avoid or mitigate that harm. In this instance, the Tribes were not consulted until *after* DOI had allowed SunZia Transmission, LLC, to begin construction on a transmission line running through the San Pedro Valley, which runs between the Tohono O’odham Nation and the San Carlos Apache Tribe and is of great importance to both communities.

“Meaningful consultation means allowing a conversation to happen at a point where outcomes and solutions like re-routing or even canceling a project remain on the table. In this case, that simply did not happen. The Department of Interior failed in its duty to the affected Tribal Nations when it authorized construction through a landscape-level traditional cultural property and only then, as construction began, met with the Tohono O’odham Nation and San Carlos Apache Tribe,” said NATHPO Executive Director Valerie J. Grussing, Ph.D.

Represented by the Native American Rights Fund (NARF), NATHPO argues in the brief that the federal government owes Tribal Nations special consideration when it considers projects' potential effects to places of cultural and historic significance.

“Section 106 of the NHPA requires federal agencies to engage in meaningful consultation with Tribal Nations early in the planning process so that measures to avoid adverse effects to culturally important places can be fully developed and considered. The federal government cannot wait until after it approves construction to start consulting with Tribal Nations,” said NARF Staff Attorney Wesley James Furlong.

You can read NATHPO's Amicus brief HERE.

Who we are – NATHPO is a national non-profit 501(c)(3) membership organization, founded in 1998, of Tribal preservation leaders protecting culturally important places that perpetuate Native identity, resilience, and cultural endurance. Connections to cultural heritage sustain the health and vitality of Native peoples. We provide guidance to preservation officials, elected representatives, and the public about national historic preservation legislation, policies, and regulations. We promote Tribal sovereignty, develop partnerships, and advocate for Tribes in governmental activities on preservation issues. For more information visit our website at www.nathpo.org.