U.S. Code » Title 54 » Subtitle Subtitle III— National Preservation Programs › Division DIVISION A— HISTORIC PRESERVATION › Chapter CHAPTER 3027— HISTORIC PRESERVATION PROGRAMS AND AUTHORITIES FOR INDIAN TRIBES AND NATIVE HAWAIIAN ORGANIZATIONS

54 U.S.C. § 302706

Eligibility for inclusion on National Register

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(a)In General.—Property of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization may be determined to be eligible for inclusion on the National Register.(b)Consultation.—In carrying out its responsibilities under section 306108 of this title, a Federal agency shall consult with any Indian tribe or Native Hawaiian organization that attaches religious and cultural significance to property described in subsection (a).(c)Hawaii.—In carrying out responsibilities under section 302303 of this title, the State Historic Preservation Officer for Hawaii shall—(1) consult with Native Hawaiian organizations in assessing the cultural significance of any property in determining whether to nominate the property to the National Register;(2) consult with Native Hawaiian organizations in developing the cultural component of a preservation program or plan for the property; and(3) enter into a memorandum of understanding or agreement with Native Hawaiian organizations for the assessment of the cultural significance of a property in determining whether to nominate the property to the National Register and to carry out the cultural component of the preservation program or plan.(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3201.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

302706

16 U.S.C. 470a(d)(6).

Pub. L. 89–665, title I, § 101(d)(6), as added Pub. L. 102–575, title XL, § 4006(a)(2), Oct. 30, 1992, 106 Stat. 4757.

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2017–2026 · leading case: United Keetoowah Band of Cherokee Indians in Okla v. Fed. Commc'ns Comm'n, 933 F.3d 728 (D.C. Cir. 2019).
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United Keetoowah Band of Cherokee Indians in Okla v. Fed. Commc'ns Comm'n, 933 F.3d 728 (D.C. Cir. 2019). · cites it 3× “that are listed in the National Register of Historic Places or are eligible for listing," which includes property of religious or cultural significance to Indian Tribes, 54 U.S.C. § 302706 (a) ). In 1990, the Commission shifted review from the licensing stage to the construction…”
Narragansett Indian Tribal Historic Pres. Off. v. FERC, 949 F.3d 8 (D.C. Cir. 2020). “54 U.S.C. § 302706 (b). Agencies “must complete the [S]ection 106 process ‘prior to the approval of the expenditure of any Federal funds on [a project] or prior to the issuance of any license.”
Caddo Nation of Oklahoma v. Wichita & Affiliated Tribes, 877 F.3d 1171 (10th Cir. 2017). “54 U.S.C.A. § 302706 (b). The Advisory Council on Historic Preservation, the body tasked with issuing regulations implementing the Act, has issued a slate of regulations regarding what such consultation requires.”
Narragansett Indian Tribe v. Sean McMaster (D.C. Cir. 2026). · cites it 2× “” 54 U.S.C. § 302706 (a), (b). To qualify under the statute as “historic,” the affected properties do not have to be on tribal land, and “may include Tribal burial grounds, land vistas, and other sites that Tribal Nations regard as sacred or otherwise culturally significant”…”
E. Band of Cherokee Indians v. United States Dep't of the Interior (D.D.C. 2020). “See 54 U.S.C. §§ 302706 , 306102. And here, the EBCI alleges that the Kings Mountain site falls squarely within “Cherokee historical and treaty territory.”
E. Band of Cherokee Indians v. United States Dep't of the Interior (D.D.C. 2021). “” 54 U.S.C. §§ 302706 , 300308, 306108. Pursuant to those obligations, the agency took a number of steps to ascertain whether any historic or cultural resources might be present at the Kings Mountain Site.”
McCaster v. United States (Fed. Cl. 2025). “; a different provision of the NHPA, 54 U.S.C. § 302706 ; 36 C.F.R. § 800.2 ; the Indian Civil Rights Act of 1968, 25 U.”
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