The National Archives and Records Administration (NARA), in efforts to cut costs, is intending to close its regional archive and record facilities in San Francisco and Chicago, placing at risk access to irreplaceable federal records documenting tribal histories, treaty rights, boarding schools, and government-to-government records. NARA has stated that archival and permanent holdings in Seattle will remain “until a suitable replacement facility is identified.” The U.S. General Services Administration anticipates completing the new Seattle facility in 2032. Without more information, it is uncertain if the “suitable facility” refers to the facility underway. Meanwhile, records at the Chicago and San Francisco facilities—and temporary records at all three locations—are expected to be relocated in the coming months.
The proposed closures and significant reductions in NARA’s budget for Fiscal Year 2027 threaten to permanently diminish tribal access to original historical records, many of which cannot be fully digitized or replaced. Three national archival organizations—the Society of American Archivists, the Council of State Archivists, and the National Association of Government Archives and Records Administrators—issued a joint statement expressing alarm about the closures, seeking transparency, and requesting a collaborative effort, specifically one that includes Tribal communities who are in geographic proximity to the facilities. Notably, the joint statement recognizes that although the Seattle facility is being reconstructed rather than permanently closing, construction funding has not been entirely secured. Ensuring that the project receives funding for its completion is critical.
NARA’s actions raise significant legal and policy concerns, particularly because they appear to be proceeding without meaningful government-to-government consultation with affected Tribal Nations despite the direct impact on tribal sovereignty and cultural preservation. The proposal resembles Congress’s prior effort to dispose of the Seattle National Archives facility under the Federal Assets Sale and Transfer Act of 2016 (FASTA; P.L., 114-287). In response, our attorneys at Hobbs Straus Dean & Walker, in 2021, successfully challenged the proposed closure on behalf of Tribal clients, resulting in a preliminary injunction against the proposed sale—ultimately halting the sale—and secured congressional funds for a replacement facility.
We will continue to monitor these developments and would be happy to discuss potential legal and advocacy strategies to protect tribal interests. We stand ready to assist in advocating for meaningful consultation, increased transparency, secured funding, and the preservation of tribal access to these critical facilities.
Please contact us if you would like to be informed of future developments or have questions relating to this matter.
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Inquiries may be directed to:
Sinnai Avila (savila@hobbsstraus.com)
