Guidance - Tribal Historic Preservation

Many agencies have prepared guidance on protection and preservation of tribal resources, and on tribal consultation to help navigate the regulatory process. We offer a selection of guidance resources here:

• Preserving Native American Places: A Guide to Federal Laws and Policies that Help Protect Cultural Resources and Sacred Sites. Published by the National Trust for Historic Preservation, this guide is designed to assist tribes and Native Hawaiian Organizations in their efforts to protect sites of cultural, historical, and religious significance.
  
  
• Native American Sacred Sites and the Federal Government training video. This video provides guidance to those who are responsible for or concerned with protection of Native American sacred sites. The video was developed in coordination with experts from the federal government, Indian Country, academia, and tribal advocacy groups. 
  
  
• The Protection of Indian Sacred Sites. Information and guidance from the Advisory Council on Historic Preservation.
  
  
• Counsultation with Indian Tribes in the Section 106 Review Process: The Handbook (June 2021). Published by the Advisory Council on Historic Preservation.
  
  
• Also from the ACHP: Guide to Working with Non-Federally Recognized Tribes in the Section 106 Process.
  
  
• Improving Tribal Consultation in Infrastructure Projects. Published by the Advisory Council on Historic Preservation (ACHP), this report offers recommendations intended to improve the tribal consultation practices of federal agencies working with tribes affected by infrastructure projects. 
  
  
• The Advisory Council on Historic Preservation (ACHP) provides guidance on Section 304 and the protection of sensitive information (http://www.achp.gov/304guidance.html), and also offers Section 101(d)(5) Guidance for Indian Tribes, who may be  considering entering into agreements with the ACHP under Section 101. 

• CA Governor’s Office of Planning and Research offers guidance on tribal consultation related to updating general plans (https://www.opr.ca.gov/docs/09_14_05_Updated_Guidelines_922.pdf).

• For Tribal Cultural Resources and CEQA (AB 52 , Gatto 2014), OPR (https://www.opr.ca.gov/s_ab52.php) offers specific guidance.  In addition, the Native American Heritage Commission has guidance on tribal consultation specifically related to AB 52 (Gatto 2014) compliance for CEQA leads (http://nahc.ca.gov/wp-content/uploads/2015/04/AB52TribalConsultationRequirementsAndBestPractices_Revised_3_9_16.pdf).

• The Native American Heritage Commission provides guidance on complying with state law, including treatment of human remains found during construction (http://nahc.ca.gov/resources/a-professional-guide-for-the-preservation-and-protection-of-native-american-human-remains-and-associated-grave-goods/).

• Legal requirements to consult with tribes are clear.  This PDF lists key statutes as well as links to federal departments’ specific consultation policies and manuals. (http://www.achp.gov/docs/fed%20consultation%20authorities%202-09%20ACHP%20version_6-09.pdf).