Role of the Tribal Historic Preservation Officer in the Section 106 Process

November 02, 2013

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. Tribal lands are defined in the NHPA and the Section 106 regulations (36 CFR Part 800) as, 1) all lands within the exterior boundaries of any Indian reservation; and, 2) all dependent Indian communities.