Published February 20, 2025

NEWS RELEASE

ORGANIZATION CONTACT
Valerie J. Grussing, Ph.D. NATHPO, Executive Director
Valerie@nathpo.org
202-628-8476

MEDIA CONTACT
Media@nathpo.org
202-643-0839

FOR IMMEDIATE RELEASE:

On January 20, 2025, President Trump signed an Executive Order declaring a National Energy Emergency. Over the last month, the National Association of Tribal Historic Preservation Officers (NATHPO) has monitored the implementation of this order, and new details have emerged on which the organization feels compelled to comment. The Advisory Council on Historic Preservation has issued guidance on, among other issues, consultation with Tribal Nations under Section 106 of the National Historic Preservation Act. It is clear from this guidance the Administration is setting the stage for an expansion of energy exploration across the United States without regard for the requirement in treaties, statutes, and long-standing precedents that agencies must engage in meaningful consultation with Tribal Nations on projects involving trust land or ancestral lands of cultural significance.

In his confirmation hearing, Interior Secretary Doug Burgum pledged to honor this responsibility to Tribal Nations. It is therefore disappointing that mere days after Secretary Burgum’s swearing in, the recently issued guidance makes clear that the Administration appears poised to make a mockery of that promise by declaring an open-ended "emergency" to give themselves license to shirk their responsibility to consult with Tribal Nations and Tribal Historic Preservation Officers (THPOs).

By and large, Tribal Nations want energy development and other federally connected projects to move forward, and they want those projects to move forward in a way that preserves sacred places and cultural resources. These places and resources THPOs protect are non-renewable and cannot be restored once they have been accidentally or deliberately damaged or destroyed, threatening our nation's shared heritage. If we want to enhance US energy potential, we need to minimize legal challenges and delays to these projects, which is best achieved by consulting with Tribal Nations and THPOs early and in good faith, paying meaningful heed to their concerns, and providing adequate funding for their work to maximize efficiency and avoid delays caused by review backlogs.

"Honoring Tribal sovereignty and the unique nation-to-nation relationship between the US Government and Tribal Nations is not optional," said NATHPO Executive Director Dr. Valerie Grussing. "Tribal Historic Preservation Officers are entrusted with the responsibility of safeguarding sacred places and cultural resources. They do so already lacking adequate federal funding and buried under a mountain of projects to review. We call on President Trump, Secretary Burgum, and the Administration to honor their trust responsibilities and stated promises and ensure THPOs are given adequate time to review and consult on new energy projects, and that concerns they raise about any potential threats to their sacred places be heeded. We stand ready to work with the Administration to help facilitate this critical work in any way we can."

NATHPO has a consistent record of holding the federal government to account for its failure to adequately consult with Tribal Nations, including signing an amicus brief in support of the lawsuit filed by the Tohono O’odham Nation and the San Carlos Apache Tribe against the Biden Administration and the U.S. Department of Interior (DOI) for failing to follow the Section 106 consultation process for the SunZia project in the San Pedro Valley, AZ.

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.