Indian Tribes & Native Hawaiians Overview | Advisory Council on Historic Preservation

Office of Native American Affairs

The Office of Native American Affairs (ONAA), established in 1998, oversees the Advisory Council on Historic Preservation’s (ACHP’s) Native American initiatives. ONAA 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 inter-Tribal organizations.

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

WASHINGTON — The Department of the Interior today 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 ONAA's current focus are:

Section 106 and COVID-19 for Indian Tribes and NHOs

Traditional Knowledge

Partnership with Salish Kootenai College

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Training and Guidance

In order to facilitate consultation with Indian Tribes and NHOs, ONAA 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 Office of Native American Affairs 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.

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.

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Authorities

National Historic Preservation Act

36 CFR PART 800 -- Protection of Historic Properties
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The ACHP works to foster relationships with Indian Tribes and Native Hawaiian Organizations.

Major Initiatives

The Office of Native American Affairs (ONAA), established in 1998, oversees the Advisory Council on Historic Preservation's (ACHP's) Native American initiatives. ONAA 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 intertribal organizations.

Traditional Knowledge

Site Review Imperial Valley Solar Project

The Office of Native American Affairs (ONAA) is focusing on traditional knowledge in the Section 106 process to help practitioners more fully understand it and its role in the process. While there is no legal definition of traditional knowledge, ONAA is working with Indian Tribes, kanaka maoli (indigenous people of the Hawaiian Islands) and Native Hawaiian organizations (NHOs) to develop appropriate means to explain the importance of indigenous knowledge and its value in the Section 106 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.

United Nations Declaration on the Rights of Indigenous Peoples

UN Declaration on the Rights of Indigenous Peoples

The ACHP encourages federal agencies, State Historic Preservation Officers, the historic preservation community, and the general public to become familiar with the United Nations Declaration on the Rights of Indigenous Peoples. It is important because it expresses both the aspirations of indigenous peoples around the world and those of States in seeking to improve their relations with indigenous peoples.

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 Native American Affairs 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
Native American Program Fact Sheet
Publication
The Office of Native American Affairs (ONAA) works with federal agencies, Indian tribes, and Native Hawaiian organizations to address critical consultation issues.
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 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.
Traditional Cultural Landscapes in the Section 106 Review Process
Guidance Document
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.

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