Under 36 CFR § 800.14(a), federal agencies may develop their own procedures to implement Section 106, which would substitute for Subpart B of ACHP’s regulations.

Based on interviews with officials from 57 tribes and 21 federal agencies, as well as comments submitted by 100 tribes in 2016 on tribal consultation for infrastructure projects, GAO identified key factors that tribes and agencies believe hinder effective consultation on infrastructure projects. Federal agencies are required, at times, to consult with tribes on infrastructure projects like pipelines that may harm tribal natural and cultural resources.

The Lahaina, Hawaii, wildfires on August 8, 2023, resulted in a devastating loss of life but also caused significant property damage, including to buildings and sites that conveyed the historical significance of the community. On August 10, 2023, President Biden determined that the damage from the wildfires was of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (42 U.S.C. § 5121 et seq.).

In 1992, the National Historic Preservation Act (NHPA) was amended to establish tribal historic preservation programs and grants to these tribes. This policy sets forth commitments of the ACHP to assist Tribal Historic Preservation Offices in maximizing the opportunities provided by the NHPA for them to fully and meaningfully participate in the Section 106 process and the national historic preservation program.

Federal management of publicly owned lands requires balancing natural and cultural values. This policy statement details the ACHP’s approach to resource management and conflict resolution on federally owned public lands in order to achieve balance between natural and cultural values. This ACHP policy affirms the importance of responsible Federal stewardship of historic properties located within natural areas.

Archeological resources and sites are a potential source of meaningful heritage tourism and education through interpretation. This policy statement provides guidance on how to foster public understanding and appreciation of archaeological resources through heritage education programs and, where appropriate, heritage tourism initiatives, while encouraging their conservation for future generations in a spirit of stewardship.

Under the National Historic Preservation Act, Native Hawaiian organizations are afforded the opportunity to participate in the national historic preservation program. This policy sets forth principles that guide ACHP interaction with Native Hawaiian organizations as it carries out its responsibilities under the NHPA. It also provides guidance to the ACHP and its staff and serves as the foundation for ACHP policies and procedures affecting Native Hawaiian issues.

The Advisory Council on Historic Preservation (ACHP) has posted updated guidelines for federal agencies about how to report on their progress in identifying, protecting, and using historic properties in their ownership or control, consistent with the requirements of Section 3 of Executive Order 13287 (EO). The next report to the President on federal historic property stewardship will be issued by February 15, 2024.

Like other federal agencies, the ACHP has special roles and responsibilities governing its relationship with Tribal and Indigenous Peoples. This policy statement outlines ACHP policy regarding its role, responsibilities, and relationships with individual Indian Tribes deriving from the Constitution, treaties, statutes, executive orders, regulations, and court decisions. It specifically ensures the ACHP’s compliance with and recognition of its Tribal consultation responsibilities under certain authorities.