The 1992 amendments to the National Historic Preservation Act recognized and expanded the role of Indian tribes and Native Hawaiian organizations in the national preservation program. In response to these changes, the Advisory Council on Historic Preservation (ACHP) revised its regulations to clarify their role in the Section 106 process.

The ACHP’s Digital Information Task Force focused on formulating recommendations for how the availability of digital and geospatial information about historic properties can be improved to inform federal project planning.

The Advisory Council on Historic Preservation (ACHP) has seen an increasing number of Section 106 reviews involving large scale historic properties of religious and cultural significance to Indian tribes or Native Hawaiian organizations (NHOs). Improvements in federal agency consultation with Indian tribes and NHOs and greater recognition of their expertise in identifying historic properties of significance to them have likely contributed to this increase. It is equally likely that there have also been increasing development pressures in places not previously developed. These large scale properties are often comprised of multiple, linked features that form a cohesive “landscape.” The recognition, understanding, and treatment of such places can be a struggle for the nontribal or non-Native Hawaiian participants in the Section 106 process, partly due to the lack of experience in addressing such places and partly due to the lack of guidance regarding these traditional cultural landscapes.

The consideration of Native American traditional cultural landscapes in Section 106 reviews has challenged federal agencies, Indian tribes, and Native Hawaiian organizations for some time. There has been confusion regarding what makes a place a traditional cultural landscape, whether they can be considered historic properties, and whether the size of such places influences their consideration under the National Historic Preservation Act.

This handbook provides advice on coordinating NEPA and Section 106 compliance procedures to improve environmental reviews.

Since 1992, when Congress amended the National Historic Preservation Act to clarify that historic properties of religious and cultural significance to Indian tribes and Native Hawaiian organizations (NHOs) may be eligible for the National Register of Historic Places (National Register), the ACHP has seen a steady increase in the number of Section 106 reviews involving such historic properties. Improvements in federal agency consultation with Indian tribes and NHOs and greater recognition of their expertise in identifying historic properties of significance to them have likely contributed to this increase. It is equally likely that there have also been increasing development pressures in places not previously developed. An early 2011 Tribal Summit co-hosted by the ACHP in Palm Springs, California, underscored the fact that the nation’s renewed emphasis on the development and transmission of renewable energy, as well as the continued focus on conventional energy, is placing additional pressures on landscapes throughout the country, and particularly in the west.

The Advisory Council on Historic Preservation (ACHP) frequently receives inquiries regarding the applicability of reviews conducted in accordance with Section 106 of the National Historic Preservation Act (NHPA) to shale gas development projects. Given that much of the nation’s shale gas development occurs on private property and is carried out by private developers, there remains some confusion as to whether and when federal permits, approvals, or licenses that may invoke Section 106 review are required for these activities. Recognizing the public interest in the potential for shale gas development to affect historic properties, the ACHP has prepared this primer to assist stakeholders and the public in understanding when opportunities for participating in the Section 106 review of such activities may exist

Introduction Consultation is the heart of the Section 106 process. Federal agencies are required to identify and engage a variety of consulting parties during the steps they follow to meet their legal obligations. Principal among these consulting parties are State Historic Preservation Officers (SHPOs) and Tribal Historic Preservation Officers (THPOs). Federal agencies also have special consultation responsibilities with respect to Indian tribes and Native Hawaiian organizations (NHOs).

With passage of the National Historic Preservation Act in 1966, Congress made the Federal Government a full partner and a leader in historic preservation. The Federal Government's role would be to provide leadership for preservation, and foster conditions under which modern society and prehistoric and historic resources can exist in productive harmony.

Introduction In its role overseeing the Section 106 review process the Advisory Council on Historic Preservation (ACHP) works with a range of stakeholders to ensure that Section 106 reviews are carried out effectively and without unnecessary delay. In this capacity we occasionally receive inquiries regarding the time limits that govern consultation between lead federal agencies and others in the Section 106 review process.