Indian Tribes and Native Hawaiian Organizations

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Nuclear Energy Tribal Working Group Meets at the ACHP

The ACHP hosted a meeting on April 18 with the U.S. Department of Energy’s Nuclear Energy Tribal Working Group to introduce the members to the National Historic Preservation Act and Section 106. Office of Native American Affairs Director Valerie Hauser gave an overview of the ACHP and how the office works to assist tribes. Office of Federal Agency Programs Director Reid Nelson talked about the Section 106 process.

Tribal Coordination and Consultation For Infrastructure Projects

The ACHP understands that applicant-driven projects create challenges for federal agencies and Indian Tribes in Section 106 consultation because extensive planning typically occurs prior to the submission of an application and the initiation of the review process.

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.

Agency Section 106 Agreements with Indian Tribes and Native Hawaiian Organizations

The 1992 amendments to the National Historic Preservation Act recognized and expanded the role of Indian tribes and Native Hawaiian organizations in the national preservation program. In response to these changes, the Advisory Council on Historic Preservation (ACHP) revised its regulations to clarify their role in the Section 106 process.

Native American Program Fact Sheet

The Office of Tribal and Indigenous Peoples (OTIP) works with federal agencies, Indian tribes, and Native Hawaiian organizations to address critical consultation issues.
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