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

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.”

Traditional Cultural Landscapes in the Section 106 Review Process

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.

Native American Traditional Cultural Landscapes in the Section 106 Review Process: Questions and Answers

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.

Section 106 and the U.N. Declaration on the Rights of Indigenous Peoples: Intersection and Common Issues: Article 18 and Section 106

The Advisory Council on Historic Preservation (ACHP) adopted a plan to support the U.N. Declaration on the Rights of Indigenous Peoples (Declaration) on March 1, 2013. In the plan, the ACHP commits to raising awareness about the Declaration in the historic preservation community and incorporating the principles and aspirations of the Declaration into ACHP initiatives and programs. As part of the effort to raise awareness, the ACHP also committed to developing guidance on the intersection of the Section 106 process and the Declaration.

ACHP Policy Statement on Balancing Cultural and Natural Values on Federal Lands (2002)

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.
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