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.

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).

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.

A federal agency is allowed, in some circumstances, to delegate to its applicants the responsibility to initiate consultation pursuant to the regulations that implement Section 106 of the National Historic Preservation Act (NHPA), “Protection of Historic Properties” (36 CFR Part 800). The provision in Section 800.2(c)(4) of the regulations has been used frequently by federal agencies such as the Federal Communications Commission, the Surface Transportation Board, and the Department of Health and Human Services.

The 1992 amendments to the National Historic Preservation Act (NHPA) included provisions for Indian tribes to assume the responsibilities of the State Historic Preservation Officer (SHPO) on tribal lands, and establish the position of a Tribal Historic Preservation Officer (THPO).1 The regulations implementing Section 106 of the NHPA use the term “THPO” to mean the Tribal Historic Preservation Officer under Section 101(d)(2) of the NHPA.

This guidance has been updated. Please see Guidance on Assistance to Consulting Parties in the Section 106 Review Process.

In 2013, the ACHP issued a report, Measuring Economic Impacts of Historic Preservation. Commissioned by the ACHP, with funding assistance from the U.S. Department of Commerce, Economic Development Administration, the report identifies and analyzes methods for measuring the economic impacts of historic preservation.

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, 2021.

Section 106 requires each federal agency to identify and assess the effects of its undertakings on historic properties. It applies when two thresholds are met: there is a federal, federally assisted, or federally licensed activity; and that activity has the potential to affect properties listed in or eligible for listing in the National Register of Historic Places.

We have created this page for new, non-federal ACHP members. It walks them through the on-boarding process, including all the forms they need to file once they have been appointed to the ACHP, and explains how they may claim a per diem, make travel arrangements, and get a government credit card. If you are a new ACHP member, congratulations! We really appreciate your service … and we apologize for requiring so much paperwork, but it cannot be avoided.