WASHINGTON, D.C. – Demonstrating its commitment to incorporate respect for Indigenous Knowledge into its regulatory processes, the Advisory Council on Historic Preservation (ACHP) has approved an Exemption for Indigenous Knowledge-Informed Activities by Native Hawaiian Organizations (NHOs). The ACHP is the independent federal agency that administers the historic preservation review process established by Section 106 of the National Historic Preservation Act. With today’s action, the ACHP exempts from Section 106 review certain cultural preservation activities that would be carried out, permitted, approved, or funded by a federal agency and led or managed by NHOs.

Indigenous Knowledge includes the expertise, insights, and knowledge passed down between generations of Native Hawaiians and informed by their ongoing relationship with the natural and cultural environment. Activities covered by this exemption include traditional agricultural, aquaculture, landscape restoration, species conservation, and sacred-site-related techniques and practices that are informed by Indigenous Knowledge and proposed to be carried out, permitted, approved, or funded by a federal agency.

“Native Hawaiians, not the federal government, are the experts when it comes to preserving their cultural sites and practices,” ACHP Chair Sara Bronin said. “This exemption values Native Hawaiian knowledge in maintaining and preserving their cultural places, and it facilitates activities that are by definition historic and cultural preservation. I am confident today’s action will open up additional pathways to incorporate Indigenous Knowledge into the ACHP’s regulatory review process in the years ahead.”  

The exemption does not apply to National Historic Landmarks, actions that are contrary to or limiting of Indigenous Knowledge-informed traditional cultural practice of one or more other NHO, demolition, or activities that would adversely affect “character-defining features.” It may not be used if there is a known conflict among different NHOs about the most culturally appropriate measures.

Federal agencies remain responsible for Section 106 compliance with regard to any undertakings not covered by the exemption. For the next eleven years, the federal agencies that use the exemption will be required to report back to and meet with the ACHP to track the exemption’s effectiveness.

The ACHP approved a Policy Statement on Indigenous Knowledge and Historic Preservation in March 2024 that calls for improving the integration of Indigenous Knowledge into historic preservation decision making, including throughout the Section 106 process.  This exemption is the most significant regulatory action the ACHP has taken to implement this policy statement.

The exemption resulted from several rounds of consultation and discussion with ACHP members, NHOs, state officials, preservation partner organizations, and members of the public.