Revised Section 106 RegulationsMemorandumTo: Federal Agencies and Sponsors of Federally Funded or Licensed
Projects The Advisory Council on Historic Preservation (ACHP) recently issued revised Section 106 regulations (36 CFR 800), which took effect on January 11, 2001. This memorandum discusses changes pertaining to the participants in the Section 106 process and the initiation of the process. Please be advised that under the Section 106 process, as implemented by 36 CFR 800, the State Historic Preservation Office (SHPO) cannot speak for Native American tribes and cannot make any determinations concerning the religious or cultural significance that they may attach to an historic property. For any federal or federally funded or licensed undertaking the responsible federal agency official must consult with any Native American tribe that attaches religious and cultural significance to historic properties that may be affected by such undertaking (36 CFR 800.2(c)(2)(ii). The agency official must provide the Native American tribe a reasonable opportunity to identify and evaluate its concerns about historic properties, articulate its views on the potential effects to such properties by the undertaking, and participate in the resolution of any adverse effects (36 CFR 800.2(c)(2)(ii)(A). The agency official may use the services of applicants, consultants, or designees to prepare information, analyses, and recommendations, such that the responsibilities of the agency official may be passed through to the project sponsor or applicant. In such situations, the agency official remains legally responsible for all required findings and determinations (36 CFR 800.2(a)(3)). In an effort to help federal agency officials, project sponsors, and applicants identify federally recognized Native American tribes that may be potential consulting parties for an undertaking, the Kansas State Historic Preservation Office has compiled a preliminary list of such tribes by county for the state of Kansas. This list is available at our website (http://www.kshs.org) under Programs and Services - Preservation: Project Review and Compliance. We are continuing to compile and update this information, thus the list should not be considered exhaustive at this time. 36 CFR 800.3(f)(2) states, "[t]he agency official shall make a reasonable and good faith effort to identify any Indian tribes or Native Hawaiian organizations that might attach religious and cultural significance to historic properties in the area of potential effects and invite them to be consulting parties." Therefore, in addition to consulting the list compiled by the Kansas State Historic Preservation Office, agency officials should consult the Internet sites listed below in their identification effort. Advisory Council
on Historic Preservation Bureau
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