The Advisory Council on Historic Preservation (ACHP) encourages federal agencies to fully understand the importance of consulting with Indian Tribes and Native Hawaiian organizations (NHOs) and respecting their sacred sites consistent with Executive Order 13007. While EO 13007 is a separate and distinct authority from the regulations that govern the Section 106 process (36 CFR Part 800), locations identified as sacred sites under the EO are frequently understood by Indian Tribes and NHOs to also be historic properties of religious and cultural significance. Given this overlap, consideration of sacred sites is frequently raised by federal agencies, Indian Tribes, and NHOs during Section 106 consultation.
To address this overlap, in 2013 the ACHP published The Relationship Between Executive Order 13007 Regarding Sacred Sites and Section 106 to clarify the intersection of the requirements of the executive order and 36 CFR Part 800. The ACHP has also signed onto the Memorandum of Understanding Regarding Interagency Coordination and Collaboration for the Protection of Indigenous Sacred Sites November 2021 (MOU) and has further committed to supporting the preservation of and access to sacred sites through the development of interagency guidance, training, and information resources related to sacred sites.
Consistent with these efforts, the ACHP is proposing to update its 2013 publication to offer additional clarification on this topic and is seeking your assistance to identify where additional information or guidance is needed. Please consider providing any comments or recommendations you may have to native@achp.gov. Framing questions have been provided below to help guide your input.
- What are the most pressing issues facing the successful consideration of sacred sites in the Section 106 process?
- How can the ACHP better advise federal agencies regarding the intersection of sacred sites and Section 106?
- How have sacred sites been successfully addressed prior to or as part of the Section 106 process?
Next Steps: The ACHP will host listening sessions with Indian Tribes and Native Hawaiians later this spring to further inform this effort, please check back for additional information on dates and how to participate. As the guidance statement is updated, relevant resources will be added to this webpage.