ACHP Approves NHPA Section 106 Exemption for Native Hawaiian Restoration Actions
Students at Loko Ea in Hale‘iwa learn about ecology, aquaculture and cultural practices related to managing the historic fishpond. Photo courtesy Mālama Loko Ea Foundation. On October 18, 2024, the Advisory Council on Historic Preservation (ACHP) approved an “Exemption for Indigenous Knowledge-Informed Activities by Native Hawaiian Organizations” to facilitate federally-assisted NHO led and managed restoration, rehabilitation, preservation, and reconstruction activities that are informed by Indigenous Knowledge and are likely to have minimal or non-adverse effects on historic properties. ACHP Chair Sara Bronin said that the regulations that implement Section 106 of the National Historic Preservation Act allow the Council to propose a program or category of federal undertakings that may be exempted from review if their potential effects are foreseeable, likely to be minimal or not adverse, and are consistent with the purposes of the National Historic Preservation Act. Bronin noted that the ACHP’s policy statement on Indigenous Knowledge and Historic Preservation, adopted in March, “encourages us to further elaborate, advance, and encourage Indigenous Knowledge in the Section 106 process.” ACHP initiated consultation with Native Hawaiian Organizations, State officials, preservation organizations and members of the public in May on the proposal, which was open for public comment through August. ACHP held several consultation meetings with Native Hawaiian Organizations and other stakeholders, including Historic Hawai‘i Foundation. Comments generally fell into three categories: Support for a streamlined method for Section 106 for actions that are for the purpose of preservation and stewardship, where the undertaking itself is for the purpose of stewardship for a cultural resource or historic property. The most relevant examples are financial assistance from an agency to a public or nonprivate partner to implement a preservation project. Concern that the exemption would provide [...]