ACHP Publications

Top Resources

The following digital library section contains great introductory information and general resources for the Section 106 Process.
  1. Policy Document
    The field of historic preservation should ensure that the archaeological sites, historic structures, cultural landscapes, sacred sites, and other sites of religious and cultural importance to Indian Tribes, Native Hawaiian organizations (NHOs), and other Indigenous Peoples are equitably considered in decision making. This policy statement provides a set of principles to support the incorporation of Indigenous Knowledge in historic preservation contexts.
  2. Report
  3. Guidance Document
  4. Guidance Document
    Mission Statement: The ACHP promotes the involvement of Native youth in historic preservation as both a means to protect places of religious and cultural significance to them and as a career path. Download full document here
  5. Policy Document
    Communities across America are experiencing housing shortages, especially shortages of affordable housing. The Policy Statement on Housing and Historic Preservation promotes federal, state, and local action to rehabilitate historic buildings for housing and accelerate permitting and environmental review, including Section 106 review.

Section 106

Section 106 Review must take place in conjunction with National Environmental Protection Act (NEPA) Reviews. There are other environmental considerations throughout the review process.
  1. Public Resources
      Download a pdf copy of this handout.
  2. Publication
    By law, members of the public have a voice when federal actions will affect properties that qualify for the National Register of Historic Places, the nation's official list of historic properties. Protecting Historic Properties: A Citizen's Guide to Section 106 Review is designed to help citizens make their voices heard. The guide covers information including the following:
  3. Publication
    Las reglamentaciones dictadas por el ACHP describen el proceso de revisión según la Sección 106 y especifican las acciones que las agencias federales deben tomar para cumplir con sus obligaciones legales.
  4. Regulation
    Section 106 Regulations Text "Protection of Historic Properties" (36 CFR Part 800) Incorporates amendments effective Aug. 5, 2004.
  5. Guidance Document
    Section 800.4(b)(1) of the Section 106 regulations states that federal agency officials shall make a “reasonable and good faith effort” to identify historic properties.This guidance was developed to assist federal agencies and consulting parties in determining what constitutes a reasonable and good faith identification effort. 

Indian Tribes & Native Hawaiians

Section 106 Review must take place in conjunction with National Environmental Protection Act (NEPA) Reviews. There are other environmental considerations throughout the review process.
  1. Guidance Document
  2. Publication
    The Office of Tribal and Indigenous Peoples (OTIP) works with federal agencies, Indian Tribes, and Native Hawaiian Organizations to address critical consultation issues.
  3. Guidance Document
      The Relationship Between Executive Order 13007 Regarding Indian Sacred Sites and Section 106 Introduction
  4. Guidance Document
    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.
  5. Guidance Document
    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.

Energy and Transmission

Archaeology

Section 106 Review must take place in conjunction with National Environmental Protection Act (NEPA) Reviews. There are other environmental considerations throughout the review process.
  1. Public Resources
    In accordance with Secs. 800.5 and 800.6 of its revised regulations (36 CFR part 800, "Protection of Historic Properties," published [May 18, 1999]) implementing Section 106 of the National Historic Preservation Act of 1966, the Advisory Council on Historic Preservation is publishing a recommended approach for consultation by Federal agencies, State Historic Preservation Officers, Tribal Historic Preservation Officers, and others on the effects of Federal, federally assisted, and federally licensed or -permitted undertakings on archeological sites. ACHP has determined that issuance of this guidance is consistent with ACHP's revised regulations. The full text of the guidance is reproduced under the Supplementary Information section of this notice.