Section 106 Resources for Indian Tribes | Advisory Council on Historic Preservation

Section 106 Training for Indian Tribes is a step-by-step online on-demand introduction to the Section 106 process for Tribal leaders and tribal staff in tribal historic preservation and natural and cultural resources and it includes suggestions for navigating consultation with federal agencies and maximizing opportunities for influencing federal decision making.

Consultation with Indian Tribes in the Section 106 Process: The Handbook is focused on Tribal consultation in the Section 106 review process.

Guidance on Assistance to Consulting Parties in the Section 106 Review Process Principal among the consulting parties in the Section 106 process are State Historic Preservation Officers (SHPOs) and Tribal Historic Preservation Officers (THPOs).

Limitations on the Delegation of Authority by Federal Agencies to Initiate Tribal Consultation under Section 106 of the National Historic Preservation Act clarifies the restrictions on the use of Section 800.2(c)(4) provision regarding Section 106 consultation with Indian Tribes.

Guidance for Indian Tribes and Native Hawaiian Organizations: What to Ask the Federal Agency in the Section 106 Process is intended to assist Tribal and Native Hawaiian organization (NHO) officials to participate more effectively in the Section 106 review process.

Whom to Contact if You Have Section 106 Issues: Guidance for Indian Tribes and Native Hawaiian Organizations This guidance helps Indian Tribes and NHOs determine the best contact for assistance when they encounter challenges in the Section 106 process.

Early Coordination with Indian Tribes During Pre-Application Processes: A Handbook This handbook presents recommendations for federal agencies, applicants, and Indian Tribes to work together in pre-application information gathering or prior to initiating the Section 106 process.
Types of Agreement Documents in Section 106: What They Are and When They Should Be Used This guidance clarifies the different types of agreements mentioned in the ACHP’s regulations at 36 CFR Part 800 and when it is appropriate to use them.

Agency Section 106 Agreements with Indian tribes and Native Hawaiian organizations (SPO Memo) The Senior Policy Officials memo highlights the 36 CFR 800.2 (c)(2)(E)) agreements with Indian Tribes and Native Hawaiian organizations as a vehicle that can address all aspects of a tribe’s or Native Hawaiian organization’s participation in the review process and be of benefit to all parties.

Recommendations for Improving Tribal-Federal Consultation This report addresses the most common challenges federal agencies and Indian Tribes often face and offers recommendations for developing more effective partnerships and outcomes in the Section 106 process.

Role of the Tribal Historic Preservation Officer in the Section 106 Process This guidance answers questions about THPOs and their role within the Section 106 process.

Section 106 Consultation Between Federal Agencies and Indian Tribes Regarding Federal Permits, Licenses, and Assistance: Questions and Answers responds to frequently asked questions.

Traditional Cultural Landscapes in the Section 106 process This guidance advances the recognition and understanding within Section 106 reviews involving large scale historic properties which have included multiple, linked features that form a cohesive landscape of significance to a Tribe or Tribes or NHOs.

Native American Traditional Cultural Landscapes and the Section 106 Review Process: Questions and Answers This guidance addresses common questions about traditional cultural landscapes and to advance the dialogue about how these expansive should be considered in the Section 106 process.

Section 106 and the U.N. Declaration on the Rights of Indigenous Peoples: General Information and Guidance
This document presents general information about the Declaration and the Section 106 process to give federal agencies, Indian Tribes, Native Hawaiian organizations (NHOs), and other interested parties ways in which the two can be integrated in order to enhance the protection of historic properties.

Section 106 and the U.N. Declaration on the Rights of Indigenous Peoples: Intersection and Common Issues: Article 18 and Section 106 This guidance addresses the relationship between Article 18 and the Tribal and Native Hawaiian organization (NHO) consultation requirements in the Section 106 process. Future guidance will address the other articles.

The Relationship Between Executive Order 13007 Regarding Sacred Sites and Section 106 addresses the relationship between the requirements of 36 CFR Part 800, "Protection of Historic Properties," regulations implementing Section 106 of the National Historic Preservation Act (Act) and Executive Order 13007 regarding Indian Sacred Sites (E.O. 13007).

Section 106 for Indian Tribes