Hundreds Protest Senate Bill That Would Gut Historic Preservation Act

By Elena Vasquez

Around 800 protesters gathered on the West Lawn of the US Capitol on Monday, 9 November, to oppose a Senate bill that would dismantle a key section of the National Historic Preservation Act. Senate bill S.5653, the Bipartisan American Affordability and Jobs Act (BAAJA), would remove the requirement for federal agencies to notify and consult the public and tribal nations about potential harms to historic sites.

Representatives from more than 100 tribal nations attended, alongside members of Congress and leaders from the Association of African American Museums, the DC Preservation League, the American Institute of Architects and the Archaeological Institute of America.

How fast is the bill moving?

The 500 pages of legislative text appeared just 48 hours before the Senate was set to vote on Monday evening. California representative Jared Huffman called it "the most sweeping legislation we've seen on energy and environmental policy in decades."

"They scheduled this vote for tonight to try to prevent something like this," Huffman told the crowd. "To try to prevent the American people from having a say, from looking under the hood of this sweeping legislation and understanding what's actually it, but you came anyway."

Protesters held signs showing President Donald Trump's planned Triumphal Arch in flames and reading "Nix 106". More than 15 speakers addressed the crowd over two hours.

New Mexico congresswoman Melanie Stansbury described the BAAJA as a "dirty deal" created without tribal consultation or public input.

What would the bill change?

Under Section 106, Title III of the current law, federal agencies must consider the impact of federally funded building projects, and those receiving federal funds or permits must consult with tribal nations. The BAAJA would make that consultation optional.

The bill would also:

• narrow what types of activity trigger a federal historic preservation review;
• restrict the definition of what constitutes a historic site;
• remove consideration of sensory, indirect and cumulative effects on historic and sacred sites;
• allow federal agencies to take over tribal and state historic preservation offices that miss the bill's limits and deadlines;
• restrict legal action people and organisations can take against the destruction of historic and sacred sites.

Greg Werkheiser, a leader of the Section 106 Coalition and co-founder of Cultural Heritage Partners, opened the rally. "We gather at the seat of American democracy, where the laws of this nation are written, to affirm one simple principle: the people deserve a voice in decisions that affect the places that we love," he said. "That is the promise we have come here today to defend."

Arizona congresswoman Adelita Grijalva framed the stakes in terms of tribal rights. "For tribal nations, the fight is more than historic preservation," she said. "It's about sovereignty. It's about self-determination. It's about the fundamental right to protect our ancestral homelands, culturally significant sites, and traditions that have existed since time immemorial."

What about the arch and the courts?

The Senate vote coincides with Trump's push to build a 250ft-tall arch between the Lincoln Memorial and Arlington National Cemetery. On 5 November, protesters gathered at the proposed site and spoke against it at a National Capital Planning Commission (NCPC) meeting. The NCPC approved the arch; a Washington, DC judge then immediately blocked construction for 14 days.

"The court orders stopping construction of those projects would not be possible if this BAAJA legislation becomes law," Huffman said. "If this becomes law, the administration will use that in those pending court cases to make it much, much harder to stop Trump from advancing those and other vanity projects."

Michigan congresswoman Rashida Tlaib said the bill would fast-track projects with severe environmental consequences, including data centres and gas pipelines. "This bill strips away what little tools we already have to defend ourselves from corporate polluters," she said.

Bill supporters in the Senate argue passage would create more economic opportunities. Grijalva rejected that trade-off: "Economic development does not require sacrificing our history, our culture or our sovereignty. We can create jobs without destroying sacred places."

Harry Antonio Jr, governor of the Pueblo of Laguna in New Mexico, said Section 106 gives tribal governments a voice in federal decisions. "Our sacred places are living places of prayer, our responsibilities to them do not end at the reservation boundary," he said. "You do not have to share our prayers to understand why those places deserve respect."

Speakers closed by urging protesters to call their senators and asking the Senate to vote the bill down or table it until newly elected members of Congress are sworn in in January.