Training

The ACHP provides various training via classroom, webinars, and online on-demand available through the ACHP's E-Learning portal. 

Training products produced with ACHP participation by various federal working groups on Native American Affairs

  • 'Working Effectively with Tribal Governments' is an online training curriculum that has been developed to provide federal employees and other interested parties with some basic skills and knowledge they can use to work more effectively with tribal governments.
  • Native American Sacred Sites and the Federal Government is offered by the Departments of Defense, the Interior, Agriculture, and Energy and the Advisory Council on Historic Preservation as one means to help non-tribal people and entities have a better understanding of and appreciation for Indian sacred sites. Tribal leaders have asked federal agencies to help them inform private citizens and state, county, and local governments about the importance of sacred sites to Indian tribes so that they might be better protected and preserved.

 

 

Guidance for Indian Tribes, Native Hawaiian Organizations, and Federal Agencies

This guidance is intended to assist Indian tribe and Native Hawaiian organization (NHO) officials to participate more effectively in the Section 106 review process. Understanding federal agency responsibilities and the rights of Indian tribes and NHOs is of central importance in ensuring that you have the opportunity to voice your views. For information about the Section 106 review process, click here.

While tribal and Native Hawaiian organization participants may have varied and different issues and concerns in the Section 106 process, the following guidance documents address the most common issues brought to the attention of the ACHP ONAA staff.

Consultation with Indian Tribes

  • Consultation with Indian Tribes in the Section 106 Process: A Handbook {The handbook is being updated and will be available soon.}
  • The ACHP recognizes that developing and maintaining working relationships with Indian tribes may be particularly challenging and in Recommendations for Improving Tribal-Federal Consultation provides recommendations to start a dialogue as food for thought, hopefully leading to more effective partnerships and to better outcomes in the Section 106 process.
  • The 1992 amendments to the NHPA included provisions for Indian tribes to assume the responsibilities of the State Historic Preservation Officer on tribal lands, and establish the position of a Tribal Historic Preservation Officer (THPO). Role of the Tribal Historic Preservation Officer in the Section 106 Process answers questions about THPO's and their role within the Section 106 process. 
  • Fees in the Section 106 Review Process responds to growing concern about the practice of certain parties charging fees from Federal agencies or their applicants for their participation in the Section 106 process.

 

Consultation with Native Hawaiian Organizations (NHOs)

  • The NHPA requires that, in carrying out the requirements of Section 106, each federal agency must consult with any Native Hawaiian organization that attaches religious and cultural significance to historic properties that may be affected by the agency’s undertakings. The guidance Consultation with Native Hawaiian Organizations in the Section 106 Process: A Handbook is provided as a reference for federal agency staff with responsibility for Section 106 compliance.

 

Guidance for Indian Tribes and NHOs

  • The 1992 amendments to the NHPA added a new authority for the ACHP to enter into an agreement with an Indian tribe to substitute the tribe’s historic preservation procedures for the ACHP’s regulations implementing Section 106 of the NHPA regarding undertakings on tribal lands. The Section 101(d)(5) Guidance for Indian Tribes is intended to guide Indian tribes in their decision-making processes regarding whether and how to enter into Section 101(d)(5) agreements and to provide insight into the ACHP’s interpretation of Section 101(d)(5).

    General Guidance

    • Tribal Treaty Rights in the Section 106 Process From 1778 to 1871, the federal government’s relations with Indian tribes were defined and conducted largely through the treaty-making process. These treaties recognized the sovereignty of Indian tribes. They also established unique sets of rights, benefits, and conditions for the treaty-making tribes that agreed to cede millions of acres of their homelands to the United States in return for recognition of property rights in land and resources and federal protections.
    • Agency Section 106 Agreements with Indian tribes and Native Hawaiian organizations (SPO Memo) 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 review process. The revisions included a provision (36 C.F.R. 800.2(C)(2)(E) for Federal agencies to enter into agreements with Indian tribes and Native Hawaiian organizations that specify how thev will carry out responsibilities under the regulations. Such agreements can address all aspects of a tribe's or Native Hawaiian organization's participation in the review process and provide for additional rights or concurrence in agency decisions in the Section 106 process. With this provision, the ACHP offered Federal agencies and their tribal and Native Hawaiian partners a vehicle for shaping Section 106 consultation in a way that benefits all parties.
    • With the growing recognition that there are large scale historic properties of significance to Indian tribes and NHOs and that such places are increasingly being threatened by development, the ACHP provides Traditional Cultural Landscapes in the Section 106 process to promote the recognition and protection of Native American traditional cultural landscapes both within the federal government and the historic preservation community as well as at the state and local levels and to address the challenges of the consideration of Native American traditional cultural landscapes in the Section 106 review process.
    • 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. Native American Traditional Cultural Landscapes and the Section 106 Review Process: Questions and Answers is offered to move the dialogue forward and improve the consideration of these places in the Section 106 process.