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Protect Section 106Tribal Action Hub

Resources and Resolutions

Briefing tools, sample letters, and the resolutions Tribal Nations and intertribal organizations have adopted on Section 106 and S. 5653. Documents are added as they are received and verified.

Last updated: November 4, 2026

Resolutions

Resolutions from Tribal Nations and intertribal organizations

What the adopted resolutions say

  • “calls upon Congress to withdraw the Title III of S.5653 and to work directly with Tribal Nations and THPOs on any permitting reform legislation”
    NCAI PSC-26-075
  • “calls upon the ACHP to withdraw its proposed revisions to 36 C.F.R. Part 800”
    NCAI PSC-26-016
  • “call on Congress to withdraw or substantially revise the Section 106 provisions of S. 5653”
    AFN 26-49
  • “Reject statutory amendments that would weaken the National Historic Preservation Act”
    ITC 26-27

Seven Resolutions, Two Adopted Texts.

Seven Resolutions, Two Adopted Texts.Seven originating resolutions connect to two adopted NCAI texts. Five merged resolutions connect to both texts. PSC-26-016 and PSC-26-075 connect to their respective adopted texts. An equivalent ordered list follows.
  1. PSC-26-016; Crow Creek Sioux Tribe (Marisa Cummings); Strengthening Protections for Tribal Sacred Places, Religious Freedom, and Cultural Heritage by Defending Section 106 of the National Historic Preservation Act from Regulatory and Administrative Action; Sacred places, ACHP rule, Interior SO 3452. Incorporated into PSC-26-016.
  2. PSC-26-030; Choctaw Nation of Oklahoma; A Resolution Opposing the Sweeping Overhaul of Section 106 Tribal Consultation Regulations Proposed by the Advisory Council on Historic Preservation; ACHP rule. Incorporated into PSC-26-016 and PSC-26-075.
  3. PSC-26-071; Suquamish Tribe; Opposition to the Proposed Revisions to 36 C.F.R. Part 800 and Calling for Meaningful Tribal Consultation in the Revision of the Section 106 Regulations; ACHP rule. Incorporated into PSC-26-016 and PSC-26-075.
  4. PSC-26-074; Mashpee Wampanoag Tribe; Opposition to Department of the Interior Secretarial Order 3452 and Its Weakening of Section 106 Tribal Consultation Under the National Historic Preservation Act; Interior SO 3452. Incorporated into PSC-26-016 and PSC-26-075.
  5. PSC-26-075; Mashpee Wampanoag Tribe (David Weeden); Calling on Congress to Protect Tribal Sovereignty by Reinforcing and Preserving the National Historic Preservation Act Section 106 Consultation Requirements; Congress. Incorporated into PSC-26-075.
  6. PSC-26-076; Mashpee Wampanoag Tribe; Opposition to ACHP Proposed Revisions to NHPA and Section 106; ACHP rule. Incorporated into PSC-26-016 and PSC-26-075.
  7. PSC-26-078; Hualapai Tribe; Opposing Legislative and Regulatory Changes that Weaken the NHPA and Tribal Consultation, including Specific Provisions within BAAJA; Congress, ACHP rule. Incorporated into PSC-26-016 and PSC-26-075.
PSC-26-016: Read adopted text (PDF)PSC-26-075: Read adopted text (PDF)

Five Tribal Nations from five regions brought seven resolutions to NCAI's 2026 Annual Convention. The General Assembly folded them into two adopted resolutions: one for Congress, one for the ACHP and the Department of the Interior.

NCAIAdopted text available

Calling on Congress to Protect Tribal Sovereignty by Reinforcing and Preserving the National Historic Preservation Act Section 106 Consultation Requirements

Body:
National Congress of American Indians
Number:
PSC-26-075
Sponsor:
Mashpee Wampanoag Tribe (David Weeden)
Adopted:
October 22, 2026

Adopted by the NCAI General Assembly. Urges Congress to oppose provisions of S. 5653, including the entirety of Title III, and calls on Congress to withdraw Title III and work directly with Tribal Nations and THPOs on any permitting reform.

  • Withdraw Title III of S. 5653
  • Oppose any permitting bill that narrows Section 106, penalizes THPOs, or curtails vacatur and injunctions
  • Protect confidential sacred-site information and do not condition funding on disclosure
  • Work directly with Tribal Nations and THPOs

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the resolution (PDF) (opens in new tab)Source (opens in new tab)

Last verified November 4, 2026

NCAIAdopted text available

Strengthening Protections for Tribal Sacred Places, Religious Freedom, and Cultural Heritage by Defending Section 106 of the National Historic Preservation Act from Regulatory and Administrative Action

Body:
National Congress of American Indians
Number:
PSC-26-016
Sponsor:
Crow Creek Sioux Tribe (Marisa Cummings)
Adopted:
October 22, 2026

Adopted by the NCAI General Assembly at the 2026 Annual Convention. Opposes any legislative, regulatory, administrative, or executive action that weakens Section 106. Calls on Interior to rescind Secretarial Order 3452 to the extent it limits Tribal consultation, and on the ACHP to withdraw its proposed Part 800 revisions and begin government-to-government consultation.

  • Rescind SO 3452 to the extent it limits, shortens, or bypasses Tribal consultation
  • ACHP: withdraw proposed revisions to 36 C.F.R. Part 800 and consult first
  • Interior: consult before any exemption or program alternative, with no alternative affecting Tribal lands or sacred places without Tribal consent
  • Congress: fund Tribal participation and conduct oversight
  • Notice-and-comment and listening sessions are not consultation

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the resolution (PDF) (opens in new tab)Source (opens in new tab)

Last verified November 4, 2026

ITCAdopted text available

Resolution 26-27 — protecting the NHPA and Section 106

Body:
Inter-Tribal Council of the Five Civilized Tribes
Number:
26-27
Adopted:
October 9, 2026

Cherokee, Chickasaw, Choctaw, Muscogee (Creek), and Seminole Nations call on Congress to reject amendments that weaken the NHPA or Section 106, to develop any changes through government-to-government consultation, and to recognize that ancestral homelands extend beyond present-day reservations. Also urges the ACHP to consult on its proposed regulatory changes.

Scanned document (searchable text added)

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the resolution (PDF) (opens in new tab)

Last verified November 4, 2026

AFNAdopted text available

Resolution 26-49 — Section 106 provisions of S. 5653

Body:
Alaska Federation of Natives
Number:
26-49
Adopted:
October 22, 2026

Adopted on the convention floor, submitted on behalf of the Southeast Alaska Caucus by unanimous consent. Calls on Congress to withdraw or substantially revise the Section 106 provisions of S. 5653, to develop any future changes through consultation with Alaska Tribal Nations and Alaska Native Corporations, and to hold hearings, including field hearings.

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the resolution (PDF) (opens in new tab)

Last verified November 4, 2026

APCGAdopted, text coming soon

Resolution opposing S. 5653 as introduced

Body:
All Pueblo Council of Governors
Number:
[Number to confirm]

The 20 Pueblo Nations unanimously opposed S. 5653 as introduced, citing the Title III changes to Section 106. Final text pending from APCG.

Request a copySource (opens in new tab)

Last verified October 30, 2026

ATNIAdopted text available

Opposition to the Proposed Revisions to 36 C.F.R. Part 800 and Calling for Meaningful Tribal Consultation in the Revision of the Section 106 Regulations

Body:
Affiliated Tribes of Northwest Indians
Number:
2026-053

Adopted at ATNI’s 2026 Annual Convention in Snoqualmie, Washington, September 13–17, 2026. Opposes proposed ACHP revisions to 36 C.F.R. Part 800 that diminish Tribal sovereignty, weaken consultation, or narrow consideration of culturally significant places. Calls for meaningful consultation and preservation of Tribal and THPO expertise throughout Section 106 review.

  • ACHP: conduct meaningful Tribal consultation and provide sufficient time to review and respond to proposed regulations
  • Preserve Tribal Nation and THPO expertise throughout the Section 106 process
  • Recognize meaningful consultation as essential, not an impediment to efficient federal decision-making
  • Encourage member Tribes to participate in rulemaking, consultation, and direct advocacy
Read the resolution (PDF) (opens in new tab)

Last verified November 4, 2026

USET SPFAwaiting resolution

Resolution on Section 106 and S. 5653

Body:
United South and Eastern Tribes Sovereignty Protection Fund

USET SPF joined the October 9 letter asking Senate leaders to withdraw Title III. Resolution text will be posted when received.

Request a copy

Last verified October 30, 2026

MASTAwaiting resolution

Resolution on Section 106 and S. 5653

Body:
Midwest Alliance of Sovereign Tribes

MAST joined the October 9 letter asking Senate leaders to withdraw Title III. Resolution text will be posted when received.

Request a copy

Last verified October 30, 2026

COLTAwaiting resolution

Resolution on Section 106 and S. 5653

Body:
Coalition of Large Tribes

Resolution text will be posted when received.

Request a copy

Last verified October 30, 2026

Has your Tribal Nation or organization adopted a resolution on Section 106 or S. 5653?

Send it to us.

Letters and positions

Voices from Indian Country

November 2, 2026 · National

Open Letter Opposing S. 5653

Water Protector Legal Collective

Addressed to: Members of Congress

Opposes S. 5653, including its NHPA, NEPA, Clean Water Act, and Endangered Species Act provisions.

  • Reject S. 5653

The supplied copy does not name the additional signatories.

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the letter (PDF) (opens in new tab)

Last verified November 4, 2026

October 31, 2026 · Alaska

Chilkat Indian Village letter to Congress

Chilkat Indian Village (Klukwan)

Addressed to: Sen. Murkowski and congressional leaders

The Haines Highway project's Section 106 review was triggered only by federal highway funding. When at least five ancestors were unearthed in 2025, the Tribe issued a stop-work order for the discovery area only, and the project continued.

  • Lead a bipartisan amendment to strike Title III
  • Vote no on cloture if Title III remains

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the letter (PDF) (opens in new tab)

Last verified November 4, 2026

October 31, 2026 · Alaska

What S. 5653 Means for the Alaska Native Community

Author not identified in the supplied copy

Addressed to: Sen. Murkowski

A fact sheet on Title III's impacts on Alaska Native sacred places, federally funded infrastructure, consultation, and judicial remedies, followed by its broader effects on historic preservation.

  • Strike Title III before floor consideration
  • Hold an Indian Affairs Committee hearing
  • Vote no on cloture if Title III remains
  • Consult with Tribal and Alaska Native Corporation leaders

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the letter (PDF) (opens in new tab)

Last verified November 4, 2026

October 30, 2026 · Southwest

Letter to Tribal members

Santo Domingo Pueblo (Gov. Raymond Aguilar Jr. and Lt. Gov. Ivan Garcia)

Addressed to: Tribal members

Urges Tribal members to oppose S. 5653 because it threatens sovereignty, Tribal consultation, and cultural protection, and to contact Senators Heinrich and Luján.

  • Oppose S. 5653
  • Call Senators Heinrich and Luján

Scanned document (searchable text added)

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the letter (PDF) (opens in new tab)

Last verified November 4, 2026

October 29, 2026 · Plains and Rockies

Montana American Indian Caucus letter

Montana American Indian Caucus

Addressed to: Senate leaders and committee leads

Calls for rescinding Title III and meaningful consultation on permitting reform.

  • Immediate rescission of Title III
  • Meaningful consultation on permitting reform

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the letter (PDF) (opens in new tab)

Last verified November 4, 2026

October 29, 2026 · Alaska

Chilkat Indian Village letter to AFN

Chilkat Indian Village (Klukwan)

Addressed to: AFN President and leadership

Explains why amending one Title III provision leaves the others as ‘separate gates.’ Includes a provision-by-provision table on Alaska Tribes and Alaska Native Corporations.

  • Remove all NHPA language from S. 5653 or oppose the whole bill

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the letter (PDF) (opens in new tab)

Last verified November 4, 2026

October 28, 2026 · Hawaiʻi

OHA and NHLC letter on S. 5653

Office of Hawaiian Affairs and Native Hawaiian Legal Corporation

Addressed to: Senators Hirono and Schatz

Opposes the bill as a whole and offers ten minimum amendments only as a fallback if any version is supported.

  • Oppose and vote against advancing S. 5653
  • Remove Title III in its entirety
  • If any version is supported, adopt the ten minimum amendments listed in the letter

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the letter (PDF) (opens in new tab)

Last verified November 4, 2026

October 26, 2026 · Alaska

Southeast Alaska letter to Sen. Murkowski

Southeast Alaska Tribal Nations, village corporations, and regional corporations

Addressed to: Sen. Murkowski

Calls for removing Title III before floor consideration and meeting with Southeast Alaska leaders.

  • Strike Title III before the floor
  • Hold an Indian Affairs Committee hearing
  • Vote no on cloture if Title III remains
  • Meet with Southeast Alaska leaders

Signatory names to be confirmed.

Scanned document (searchable text added)

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the letter (PDF) (opens in new tab)

Last verified November 4, 2026

October 22, 2026 · Alaska

Sign-on template

ASTSA sign-on letter template

Alliance of Sovereign Tribes of Southeast Alaska

Addressed to: Sen. Murkowski

Unsigned sign-on template calling for removing Title III and consultation with Tribal Nations.

  • Strike Title III before floor consideration
  • Vote no on cloture if Title III remains
  • Government-to-government consultation and an Indian Affairs Committee hearing

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the letter (PDF) (opens in new tab)

Last verified November 4, 2026

October 19, 2026 · Oklahoma

Muscogee (Creek) Nation letter

Muscogee (Creek) Nation (Principal Chief David W. Hill)

Addressed to: Senate leaders and committee leads

Hickory Ground and the Bryan County, Georgia burial desecration show what is at stake. Kolomoki Mounds shows Section 106 working: a cell tower was moved outside the viewshed.

  • Strike Title III
  • Add binding protections for sacred sites of removed Tribal Nations
  • Vote no if Title III remains

Scanned document (searchable text added)

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the letter (PDF) (opens in new tab)

Last verified November 4, 2026

October 15, 2026 · Northwest

Cowlitz Indian Tribe letter

Cowlitz Indian Tribe (Chairman William B. Iyall)

Addressed to: Senators Murray and Cantwell, Rep. Gluesenkamp Perez

The Cowlitz THPO reviews more than 3,000 projects a year. Under the grant exclusion, highway projects such as the Interstate Bridge Replacement, which runs through ancestral village sites and burial grounds, would lose review.

  • Oppose BAAJA
  • At a minimum, call for removing Title III

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the letter (PDF) (opens in new tab)

Last verified November 4, 2026

October 15, 2026 · National

106 Strong Coalition letter

106 Strong Coalition

Addressed to: Members of Congress

Calls for rejecting S. 5653 and working with the coalition in the next Congress, rather than amending the bill in this Congress.

  • Vote NO on S. 5653
  • Work with the coalition in the next Congress

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the letter (PDF) (opens in new tab)

Last verified November 4, 2026

October 9, 2026 · National

Joint Tribal Organization Letter

Joint Tribal Organization Letter (ATNI, AAIA, MAST, NATHPO, NCAI, NARF, RMTLC, Tribal Self-Governance, USET SPF)

Addressed to: Senate leaders and committee leads

Nine Tribal organizations call for rescinding Title III and consultation on permitting reform.

  • Immediate rescission of Title III
  • Consultation on permitting reform

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read the letter (PDF) (opens in new tab)

Last verified November 4, 2026

Resolve

Model Tribal council resolution

When to use this: For Tribal councils that want to adopt a formal position. Use the Nation's own resolution format, and have the Nation's counsel review it.

Fill in your details
RESOLUTION NO. [____] [TRIBAL NATION] OPPOSING TITLE III OF DIVISION B OF S. 5653, THE BIPARTISAN AMERICAN AFFORDABILITY AND JOBS ACT, AND DEFENDING TRIBAL CONSULTATION UNDER SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT WHEREAS, the [Tribal Nation] is a federally recognized Tribal Nation with inherent sovereign authority, governed by [governing document]; and WHEREAS, the [Governing Body] is the duly authorized governing body of the [Tribal Nation]; and WHEREAS, the United States has a trust responsibility to Tribal Nations, including the obligation to consult with Tribal Nations on federal actions that affect them; and WHEREAS, Section 106 of the National Historic Preservation Act requires federal agencies to consult with Tribal Nations on undertakings that may affect historic properties of religious and cultural significance to them; and WHEREAS, the [Tribal Nation] [operates a Tribal Historic Preservation Office / participates in Section 106 consultation] to protect [general description, without confidential locations]; and WHEREAS, Title III of Division B of S. 5653, the Bipartisan American Affordability and Jobs Act, would rewrite Section 106 by allowing federal agencies to define a project's area of potential effects and identify historic properties before required consultation with Tribal Nations, narrowing the definition of adverse effects, imposing rigid deadlines, authorizing federal suspension and assumption of Tribal Historic Preservation Office functions, and limiting judicial review and remedies; and WHEREAS, Title III would also allow a federal agency to end review on its own finding of no adverse effect, to determine in its sole discretion that other considerations outweigh historic preservation, and would bar Tribal Nations that are not signatories to a programmatic agreement from challenging its implementation; and WHEREAS, Title III was developed without government-to-government consultation with Tribal Nations; and WHEREAS, the National Congress of American Indians, the All Pueblo Council of Governors, and other Tribal Nations and intertribal organizations have adopted positions defending Section 106 and opposing Title III [update with resolution numbers when confirmed]; NOW, THEREFORE, BE IT RESOLVED, that the [Governing Body] of the [Tribal Nation] opposes Title III of Division B of S. 5653 and calls on the United States Senate to remove it from the bill; and BE IT FURTHER RESOLVED, that the [Tribal Nation] urges its United States Senators, Senator [Senator 1] and Senator [Senator 2], to vote against advancing S. 5653 unless Title III is removed; and BE IT FURTHER RESOLVED, that the [Tribal Nation] calls on Congress to develop any changes to Section 106 only through meaningful government-to-government consultation with Tribal Nations; and BE IT FINALLY RESOLVED, that the [Title of Leader] is authorized to transmit this resolution to the Nation's congressional delegation, the leadership of the United States Senate and House of Representatives, and intertribal organizations, and to take all actions necessary to carry out its purpose. CERTIFICATION I certify that the foregoing resolution was adopted by the [Governing Body] on [date], at a duly called meeting at which a quorum was present, by a vote of [__] for, [__] against, and [__] abstaining. [Name], [Title] ATTEST: [Name], [Title]

Letters and templates

Sample letters

Fill in and download each letter on the Take Action page.

Letter template

Letter A: Tribal Nation to its two U.S. Senators

Before November 9. Send by email to the Senator's Tribal affairs or energy staffer, and attach it on Tribal letterhead.

Letter template

Letter B: Tribal Nation to Senate leadership and bill negotiators

Alongside Letter A, or if you are told negotiators are considering changes to Title III. Addressed to Majority Leader John Thune, Minority Leader Chuck Schumer, Sen. Mike Lee, Sen. Shelley Moore Capito, Sen. Martin Heinrich, and Sen. Sheldon Whitehouse.

Letter template

Letter C: Tribal Nation to House leaders and the Congressional Native American Caucus

Now, so the House is on notice before any Senate-passed bill arrives. Addressed to Speaker Mike Johnson, Democratic Leader Hakeem Jeffries, Chairman Bruce Westerman, Ranking Member Jared Huffman, and the co-chairs of the Congressional Native American Caucus.

Share

Briefing tools

CRS reportExternal resource

CRS Report R49498: BAAJA of 2026, Analysis of NHPA Provisions (Oct. 30, 2026)

External resource. Nonpartisan analysis.

Open (opens in new tab)
Research brief

Research Brief: BAAJA, the November 9 Vote, and a Collective Indian Country Push

A plain-language brief on the bill, the vote, and how Tribal Nations are organizing.

Coming soon
One-pagers

State One-Pagers for Priority Senators

Short state-by-state handouts for meetings with Senate offices.

Coming soon
ToolkitExternal resource

NCAI Section 106 resources and Claim vs. Fact

NCAI's Section 106 page, including a claim-versus-fact guide to the bill.

Open (opens in new tab)
AnalysisExternal resource

NATHPO: Permitting Reform, BAAJA, and Tribal Historic Preservation

Analysis from the National Association of Tribal Historic Preservation Officers.

Open (opens in new tab)
ToolkitExternal resource

CTS Section 106 Toolkit (full)

v1.1 · Updated October 20, 2026

An 18-question FAQ, a stage-by-stage process table with statutory citations, a myth buster, and talking points on BAAJA Title III.

Check for latest version (opens in new tab)

Open (opens in new tab)
FAQExternal resource

CTS Section 106 FAQ

v1.1 · Updated October 20, 2026

Detailed answers on deadlines, the review area, effects, THPO oversight, programmatic agreements, and remedies.

Check for latest version (opens in new tab)

Open (opens in new tab)
Leave-behind

Congressional Leave-Behind on Section 106 and BAAJA

A short handout for Senate and House offices.

In development (CTS)
AnalysisExternal resource

NARF: Senate permitting bill and Tribes

The Native American Rights Fund on what the bill means for Tribal Nations.

Open (opens in new tab)
Bill textExternal resource

Bill text, S. 5653

The full text of the Bipartisan American Affordability and Jobs Act as introduced.

Open (opens in new tab)
Letter (PDF)External resource

Joint Tribal Organization Letter (Oct. 9, 2026)

Nine national and regional Tribal organizations ask Senate leaders to withdraw Title III.

Copy gathered and shared by Cultural Heritage Partners, PLLC (CHP).

Read PDF (opens in new tab)

Talking Points for Senate Meetings

Adapted from the Coalition for Tribal Sovereignty Section 106 Toolkit v1.1 (opens in new tab)

Organizations taking action

  • National Congress of American Indians
  • All Pueblo Council of Governors
  • Affiliated Tribes of Northwest Indians
  • United South and Eastern Tribes Sovereignty Protection Fund
  • Midwest Alliance of Sovereign Tribes
  • Coalition of Large Tribes

At the ACHP

ACHP proposed changes to 36 C.F.R. Part 800

A separate regulatory proposal that overlaps with BAAJA but works through different legal mechanisms.

Coming soon

ACHP Part 800 Advocacy Tools

Coming soon from the Coalition for Tribal Sovereignty and partners.

Share kit

Social and newsletter copy

On Nov. 9 the outgoing Senate holds a procedural vote on H.R. 2347, the vehicle for the package including S. 5653. Title III would weaken Tribal consultation on our sacred places. Tribal Nations are not against permitting reform. We are against being written out of it. Call (202) 224-3121. #ProtectSection106

Small changes are not enough. Tell your Senators: vote NO on cloture on the motion to proceed unless Title III is removed. #ProtectSection106

Section 106 is how Tribal Nations are heard before federal projects harm sacred places. Protect it. [site URL] #ProtectSection106

Questions

Frequently asked questions