Consultation with Native Hawaiian Organizations in the Section 106 Review Process: A Handbook

June 01, 2011

Synopsis

The ACHP offers this as a reference for Native Hawaiian organizations, State Historic Preservation Office (SHPO) staff, and federal agency staff with responsibility for compliance with Section 106. In 2008, the ACHP adopted the ACHP Policy Statement on the ACHP’s Interaction with Native Hawaiian Organizations. The policy is intended to set “forth actions the ACHP will take to oversee the implementation of its responsibilities under the NHPA with respect to the role afforded to Native Hawaiian organizations in the NHPA.”

Consultation with Native Hawaiian Organizations in the Section 106 Review Process: A Handbook

Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. Section 470f, requires federal agencies to take into account the effects of their undertakings on historic properties and provide the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment on those undertakings. The ACHP has issued the regulations implementing Section 106 (Section 106 regulations), 36 CFR Part 800, “Protection of Historic Properties.” The NHPA requires that, in carrying out the requirements of Section 106, each federal agency must consult with any Native Hawaiian organization that attaches religious and cultural significance to historic properties that may be affected by the agency’s undertakings.

 

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