Section 106 Archaeology Guidance

The ACHP’s regulations acknowledge the special expertise that Indian tribes and NHOs possess in assessing the National Register eligibility of properties that may be of traditional religious and cultural significance to them [see 36 CFR § 800.4(c)(1)].¹ This means that the tribe’s or NHO’s opinions about, or position on, the National Register significance of a particular archaeological site as a property of traditional religious and cultural significance to that tribe or NHO should be given due consideration by the federal agency in making a final determination on eligibility.