NHPA Section 106 Tribal Consultation
Section 106 of the National Historic Preservation Act of 1966 (link removed, replaced by Title 54 of the United States Code) requires tribal consultation in all steps of the process when a federal agency project or effort may affect historic properties that are either located on tribal lands, or when any Native American tribe or Native Hawaiian organization attaches religious or cultural significance to the historic property, regardless of the property’s location.
When such an undertaking occurs on tribal land, the federal agency must notify appropriate Native American tribes of the undertaking and give those tribal groups the opportunity to consult, should they wish to do so.
Additional information, including GSA policy and executive orders, is on the Tribal Consultation section of the Public Building Service area on gsa.gov.
GSA policy, for example, commits GSA to a government-to-government relationship with federally recognized Native American tribal governments. In addition, GSA is committed to integrate guiding principles and practices of meaningful consultation and communication with Native American tribal governments down to the agency’s regional and local levels.
Overall federal policy is set out in a number of executive orders, including President Obama’s Executive Memorandum of November 4, 2009, which calls on agencies to engage in consultation with tribes; President Bush’s Executive Order 13336 , requiring American Indian and Alaska Native education, and President Clinton’s Executive Order 13175, which requires agencies to consult and coordinate with tribal governments.
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