Indian Tribes, Native Hawaiians, and Indigenous Peoples | Advisory Council on Historic Preservation

Office of Tribal and Indigenous Peoples

The Office of Tribal and Indigenous Peoples (OTIP) oversees the Advisory Council on Historic Preservation’s (ACHP’s) Indigenous initiatives. OTIP staff also works closely with the ACHP’s Tribal/Native Hawaiian member to address critical issues brought to the ACHP by Indian Tribes, Native Hawaiian organizations (NHOs), and others working within historic preservation.

Interior Department Announces Development of First-Ever Consultation Policy with Native Hawaiian Community

WASHINGTON — The Department of the Interior announced that, for the first time in the agency’s history, it will require formal consultation with the Native Hawaiian Community. New policies and procedures, subject to formal consultation, will further affirm and honor the special political and trust relationship between the United States and the Native Hawaiian Community.

Subjects of OTIP's current focus are:

Section 106 and COVID-19 for Indian Tribes and NHOs

Indigenous Knowledge

Partnership with Salish Kootenai College

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Training and Guidance

In order to facilitate consultation with Indian Tribes and NHOs, OTIP staff regularly develops guidance materials to assist Indian Tribes, Native Hawaiian organizations, federal agencies, and other Section 106 participants. Follow the link Training and Guidance for the ACHP's training and guidance for Indian Tribes, Native Hawaiian organizations, and federal agencies.

ACHP Native American Policies

In 1992, the National Historic Preservation Act was amended to include and clarify the roles and responsibilities of Indian Tribes and Native Hawaiian organizations. Responding to the NHPA amendments, the ACHP began a six-year process of revising its regulations and adopted policy statements regarding Indian Tribes and Native Hawaiian organizations. Follow the link ACHP Native American Policies to see or download the Native American policies.

Government-to-Government

The ACHP, as a federal agency, recognizes the government-to-government relationship between the United States and federally recognized Indian Tribes and acknowledges Indian Tribes as sovereign nations with inherent powers of self-governance. Follow the link Government-to-Government Consultation with Indian Tribes to see the ACHP's documents on the government-to-government relationship.

Native Hawaiian Working Group

Improving consultations on unique issues involving Native Hawaiian organizations is the purpose of the interagency working group established by the Department of the Interior (DOI), Department of Defense (DOD), and the ACHP. Follow the link for information on the Native Hawaiian Working Group.

Native American Information Papers

The ACHP’s OTIP staff supports the ACHP in a number of ways, from policy development and project review, training and education, and guidance development to providing information papers about various topics concerning Indian Tribes and Native Hawaiian organizations. Information papers are different than guidance documents and discuss issues that may inform participants in the Section 106 process.

Burial Sites, Human Remains, and Funerary Objects

The Advisory Council on Historic Preservation voted unanimously to adopt its new “Policy Statement on Burial Sites, Human Remains, and Funerary Objects” on March 1, 2023 at its winter business meeting in Washington, D.C.
Learn more at ACHP's webpage Burial Sites, Human Remains, and Funerary Objects.

Tribal Treaty and Reserved Rights MOU

From 1778 to 1871, the federal government’s relations with Indian Tribes were defined and conducted largely through the treaty-making process. Through treaty-making, Indian Tribes granted land and other natural resources to the United States, while retaining all rights not expressly granted. These treaties recognized the sovereignty of Indian Tribes. The ACHP along with 16 departments and agencies signed on to a Memorandum of Understanding to determine how they can best protect Tribal treaty rights in their policymaking and regulatory processes.

Other Native American Resources

Follow Other Native American Resources for links to inter-Tribal organizations and other federal agency American Indian or Native Hawaiian programs.

Authorities

National Historic Preservation Act

36 CFR PART 800 -- Protection of Historic Properties

Tribal and Indigenous Peoples in Historic Preservation

Major Initiatives

Indigenous Peoples

The history of the United States is enhanced by the many cultures and peoples that make up this nation.

Indigenous Knowledge

Site Review Imperial Valley Solar Project

The Office of Tribal and Indigenous Peoples (OTIP) is focusing on Indigenous Knowledge in the Section 106 process to help practitioners more fully understand it and its role in the process.

Tribal Coordination and Consultation For Infrastructure Projects

Image of backhoe and men installing metal culverts

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.

Partnership With Salish Kootenai College

On September 23, 2019, the Advisory Council on Historic Preservation (ACHP) entered into an agreement with Salish Kootenai College (SKC), and the ACHP Foundation to provide educational, personal development, and professional growth opportunities to students in the Tribal Historic Preservation and Tribal Governance and Administration degree programs.

Traditional Cultural Landscapes

In recognition that large scale historic properties of significance to Indian Tribes and Native Hawaiian organizations (NHOs) across the United States are increasingly threatened by development, the ACHP launched a Native American traditional cultural landscapes initiative and adopted an action plan in November 2011.

The Protection of Indian Sacred Sites

In the Section 106 context, the term “sacred sites” is sometimes used as shorthand for historic properties of religious and cultural significance to Indian Tribes or Native Hawaiian organizations. As with other kinds of properties, sacred sites must be eligible for the National Register of Historic Places in order to be considered in the Section 106 process.

Interested in ACHP's Native Youth program?

Learn more about preservation as a potential career choice and making your voice heard in protecting your heritage.

Need Section 106 Consultation Assistance?

The Office of Tribal and Indigenous Peoples has staff assigned to help Indian Tribes and Native Hawaiian organizations with various federal agencies.

Indian Tribes & Native Hawaiian Preservation Success Stories

Cathlapotle

Ridgefield, Washington

The Columbia River Village of Cathlapotle teaches the present about the past.

Kalaeloa Heritage Park

Oahu, Hawaii

A former Navy base preserves Native Hawaiian heritage and military history.

Cultural resource visit Whitestone Hill.

Tribal Consultation Committee

North Dakota

A better model for tribal involvement in transportation projects.

Indian Tribe & Native Hawaiian Digital Library

The Indian Tribe & Native Hawaiian Digital Library Digital Library contains a wealth of information about the Tribal and Native Hawaiian consultations. In the library you will find:

Section 106 Regulations

Guidance Documents

Agreement Documents

Frequently Asked Questions

Policy Documents

Publications

The following digital library section contains great introductory information and general resources for the Section 106 Process.

SECTION 106 AND THE U.N. DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES: GENERAL INFORMATION AND GUIDANCE
Guidance Document
The Relationship Between Executive Order 13007 Regarding Indian Sacred Sites and Section 106
Guidance Document
The Relationship Between Executive Order 13007 Regarding Indian Sacred Sites and Section 106 Introduction
Native American Program Fact Sheet
Publication
The Office of Tribal and Indigenous Peoples (OTIP) works with federal agencies, Indian tribes, and Native Hawaiian organizations to address critical consultation issues.
Agency Section 106 Agreements with Indian Tribes and Native Hawaiian Organizations
Public Resources
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 Traditional Cultural Landscapes in the Section 106 Review Process: Questions and Answers
Guidance Document
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.

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