Tribes Warn Preservation Law Changes Threaten Sacred Sites
Oklahoma tribal leaders say proposed revisions to the National Historic Preservation Act could leave Ohio earthworks unprotected.
Updated on Nov. 8, 2026 in Native American
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Tribal leaders in Oklahoma are warning that proposed changes to the National Historic Preservation Act could put sacred sites in Ohio at risk. The Advisory Council on Historic Preservation and Congress are separately proposing revisions that would narrow what counts as damage to a site and make tribal consultation optional.
Why it matters
The Act has been in effect for 60 years and currently allows states, tribes, and local governments to consult with federal agencies on development proposals. Senator Martin Heinrich says current rules cause too much delay in approving energy projects, while advocates argue the changes would streamline permitting.
The Miamisburg Mound in Ohio rises 65 feet and was built by the Adena Culture. The proposed revisions would narrow the definition of damage and make consultation optional, and the bill's final form remains under negotiation.
The players
Martin Heinrich
A United States Senator from New Mexico who says he is speaking with tribal leaders about possible compromises on the bill.
Advisory Council on Historic Preservation
A federal agency that advises on historic preservation policy and is separately proposing changes to the National Historic Preservation Act.
The details
The Advisory Council on Historic Preservation and Congress are separately proposing changes to the Act. Under Section 106, federal agencies consult with states, tribes, or local governments on development proposals and redesign projects to mitigate harm to sites.
Timeline
In the 18th and 19th centuries, tribes were forcibly displaced from Ohio to Oklahoma.
The National Historic Preservation Act was enacted 60 years ago.
Cultural Heritage Context
The proposals would reshape Section 106, the consultation mechanism that tribes have used since the Act's enactment 60 years ago to contest federal projects affecting sacred sites. The dispute echoes the forced displacement of Ohio tribes to Oklahoma in the 18th and 19th centuries, which left their ancestral earthworks in place but beyond their reach.
If the proposed changes pass, tribes and local communities may have less ability to block federal development projects near sacred sites, and consultation with tribal nations could become optional rather than required. Residents near historic earthworks may see faster project approvals but fewer formal opportunities to contest them.
The takeaway
Changes to federal preservation rules shape whether sacred sites are protected before construction begins. Following how Congress and the Advisory Council revise Section 106 will show how much say tribal nations retain over land their ancestors once held.
Further reading
For more on how federal law shapes tribal cultural protection, explore our Native American coverage.
Source note: This article includes information reported by KOSU.
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