Home Working with Section 106 ACHP Native American Program: Guidance for Federal Agencies

Overview
The Native American Program (NAP), established in 1998, is managed by two full-time staff members to carry out the Advisory Council on Historic Preservation’s (ACHP) Native American initiatives. The program’s mission is to:

• Advise the chairman, members, and executive director on policy matters and historic preservation issues affecting Indian tribes and Native Hawaiian organizations.
• Provide technical assistance and outreach to Section 106 participants regarding the role of Indian tribes and Native Hawaiian organizations in the Section 106 review process and the national historic preservation program.
• Participate in interagency and Native American historic preservation or related initiatives.

NAP staff works closely with the ACHP’s Native American member, G. Peter Jemison. Together, they address issues brought to the ACHP by Indian tribes, Native Hawaiian organizations, and intertribal organizations.

Activities
Policy Initiatives
In 2000, the ACHP adopted its Policy Statement Regarding the Council’s Relationships with Indian Tribes.

In 2003, the ACHP issued its Action Plan on ACHP Native American Initiatives and, in 2004, the ACHP issued a statement regarding its trust responsibility to Indian tribes.

In 2004, the ACHP established the Native American Advisory Group (NAAG) to provide advice to and work with the ACHP on matters of concern to Indian tribes and Native Hawaiian organizations.

There were several important advances in 2005. The ACHP hosted a listening session in Hawaii to gain a better understanding of Native Hawaiian historic preservation issues. In response to a recommendation from NAAG, the ACHP also began work on a new policy regarding the ACHP’s relationship to Native Hawaiian organizations. The policy is expected to be completed and adopted by the ACHP in 2007.

In October 2005, the White House Office of Intergovernmental Affairs hosted a federal agency briefing for NAAG which focused on seven agencies. Based on the success of this first meeting, the White House hosted a second federal agency briefing in October 2006 and set up meetings for NAAG with each of the seven agencies. These meetings will result in ongoing policy and program deliberations with these agencies.

Technical Assistance and Outreach
Since 1998, the ACHP has held Section 106 training sessions for dozens of Native Hawaiian organizations and approximately 200 Indian tribes, including Alaska Native Villages. Training for Indian tribes and Native Hawaiian organizations regarding the Section 106 process is an ongoing program initiative.

The ACHP has also offered training for federal agencies regarding their responsibilities to consult with Indian tribes and Native Hawaiian organizations in the Section 106 process. To date, the U.S. Department of Transportation (USDOT), Federal Highway Administration (FHWA), Federal Energy Regulatory Commission, including their hydropower applicants, and Federal Communications Commission, including the telecommunications industry, have taken advantage of this opportunity.

In 2004, FHWA and the ACHP entered into an interagency agreement for an intensive and expanded training program to be offered to USDOT employees. Approximately 150 transportation personnel in both federal and state agencies have participated in this program. Under the agreement, the ACHP also produced guidance on tribal consultation for FHWA.

NAP staff often works with staff of the ACHP’s Office of Federal Agency Programs in their review of federal projects and programs.

Updated July 3, 2007

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