THPO Timeline

as of November 24, 2014

1966 National Historic Preservation Act (Public Law 89-665)

  • The National Historic Preservation Act (NHPA) of 1966 created the State-Federal historic preservation partnership and also created a funding mechanism for states to receive federal appropriations from the Historic Preservation Fund.

1992 Amendments to the NHPA (Public Law 102-575 – 16 USC 470)

Included in the amendments was an enhanced role for Indian tribes in the national preservation program and enhanced protection to places of cultural significance to Indians and Native Hawaiian organizations. Specifically, the amendments:

  • Allowed for the creation of THPO programs and funding mechanism via the HPF
  • Stated that one presidentially-appointed member of the Advisory Council on Historic Preservation will be a Native American or Native Hawaiian

Advisory Council on Historic Preservation (ACHP) Promulgates Regulations Implementing 1992 Amendments

  • On October 3, 1994, ACHP published a Notice of Proposed Rulemaking (NPRM) on the Protection of Historic Properties (36 CFR Part 800). The comments received were so negative, the Council instructed the staff to start over.
    Click here for link to Federal Register notice
  • On September 13, 1996, the Council publishes a second NPRM in the Federal Register.
    Click here for link to Federal Register notice
  • Without publishing a Final Rule, the ACHP develops another draft, dated June 5, 1997, but still does not consult with Indian Tribes on its content.
  • On June 20, 1997, ACHP staff are directed to consult with Indian Tribes in a series of four tribal consultation meetings held throughout the country.
  • On October 24, 1997, the Council membership approves another version and on November 20, 1997, submits it to the Office of Management and Budget.
  • Final Rule is published in Federal Register on May 18, 1999, and went into effect June 17, 1999.
    Click here for Federal Register notice
  • On February 15, 2000, the National Mining Association files a lawsuit in federal court against the ACHP for the May 1999 Rule.
  • Lawsuit decision rejects the challenge against the tribal provisions in the May 1999 regulations.
  • ACHP begins educational sessions on the new regulations in 2000.

National Park Service Program Implementation of THPO Program

  • First draft of a National Park Service (NPS) application instructing Tribes on how to apply for THPO status distributed to THPOs for comment on March 25, 2002
  • On August 12, 2002, regulations governing the THPO program are published in the Federal Register for public comment as a proposed rule “Procedures for State, Tribal and Local Government Historic Preservation Programs”. [Still not finalized as of today, Nov. 24, 2014.]

    Click here for draft regulations
    Click here for NATHPO comments on regulations