Tribal Historic Preservation Officer (THPO)

Tribal Historic Preservation Officer (THPO)
Name	Tribal Historic Preservation Officer
Established	1990
Jurisdiction	Tribal Nations
Parent agency	National Park Service
Legal basis	National Historic Preservation Act

Tribal Historic Preservation Officer (THPO) A Tribal Historic Preservation Officer serves as a legally recognized representative of a federally recognized tribal nation charged with protecting, preserving, and managing tribal cultural resources, including historic properties, archaeological sites, and intangible heritage. THPOs operate within a framework created by the National Historic Preservation Act and interact with entities such as the National Park Service, Bureau of Indian Affairs, and federal agencies implementing Section 106 of the National Historic Preservation Act. Their role bridges tribal sovereignty, federal law, and state practice while coordinating with museums, universities, and heritage organizations.

Definition and Legal Authority

A THPO is defined by the National Historic Preservation Act as an official of an Indian tribe who assumes some or all of the functions of a State Historic Preservation Officer for purposes of historic preservation on tribal lands. Legal authority derives from tribal constitutions, tribal councils such as those of the Navajo Nation, Cherokee Nation, and Pueblo of Zuni, and federal recognition processes embodied in decisions by agencies like the Bureau of Indian Affairs and programmatic guidance from the National Park Service. Statutory instruments including amendments to the National Historic Preservation Act and guidance under Section 106 of the National Historic Preservation Act establish the jurisdictional framework that delineates THPO responsibilities vis-à-vis federal statutes such as the Native American Graves Protection and Repatriation Act and treaties like the Treaty of New Echota in historical context.

Responsibilities and Duties

THPO duties commonly include identifying and inventorying historic properties, preparing tribal historic preservation plans, consulting on undertakings under Section 106 of the National Historic Preservation Act, and reviewing permit applications from entities such as the Federal Highway Administration, U.S. Army Corps of Engineers, and Bureau of Land Management. THPOs coordinate cultural resource management projects with institutions like the Smithsonian Institution, American Anthropological Association, and universities such as University of California, Berkeley and University of Arizona, oversee compliance with National Register of Historic Places criteria, and manage repatriation processes under the Native American Graves Protection and Repatriation Act. They engage with grant programs administered by the National Park Service and partner with organizations including the National Trust for Historic Preservation and Society for American Archaeology.

Relationship with State Historic Preservation Offices and Federal Agencies

THPOs interact with State Historic Preservation Officer programs, often assuming SHPO functions on tribal lands or collaborating on cross-jurisdictional reviews involving states such as California, Arizona, New Mexico, and Alaska. Federal agencies—Federal Highway Administration, U.S. Army Corps of Engineers, Environmental Protection Agency, Department of Transportation, and National Park Service—must consult THPOs when undertakings affect tribal properties. Memoranda of understanding and consultation protocols reference precedents involving entities like the Advisory Council on Historic Preservation, case law from courts including the U.S. Court of Appeals for the Ninth Circuit, and policy instruments shaped by intergovernmental negotiations with nations such as the Shoshone-Bannock Tribes and Confederated Tribes of the Colville Reservation.

Designation Process and Recognition

Tribes designate a THPO through tribal resolution or ordinance enacted by governing bodies such as tribal councils of the Cherokee Nation, Hopi Tribe, or Salish and Kootenai Tribes. Recognition by the National Park Service requires demonstration of capacity to perform SHPO functions and submission of documentation addressing historic preservation planning, inventory systems, and staff qualifications often informed by standards from organizations like the American Association for State and Local History and Society for Historical Archaeology. The process parallels federal recognition procedures in structure and involves consultation with agencies including the Bureau of Indian Affairs and entities overseeing federal land management such as the Forest Service.

Funding and Resources

THPO programs rely on funding mechanisms such as grants from the Historic Preservation Fund, appropriations administered by the National Park Service, and project-specific funds from agencies like the Federal Highway Administration and Department of Defense. Additional resources come from partnerships with foundations such as the Ford Foundation and Andrew W. Mellon Foundation, contractual cultural resources management work with firms on projects by Department of Energy and Bureau of Land Management, and cooperative agreements with universities including Harvard University and University of Washington. Financial constraints frequently necessitate leveraging programs run by the National Trust for Historic Preservation and in-kind assistance from museums like the Field Museum.

Case Studies and Notable THPO Programs

Notable programs include the Navajo Nation THPO managing resources across reservation lands, the Tohono O'odham Nation coordinating with the Arizona Department of Transportation on roadway projects, and the Confederated Tribes of the Colville Reservation developing inventory systems in partnership with Washington State Historical Society. Partnerships with academic institutions—University of New Mexico, University of Minnesota, Yale University—have supported documentation projects, while collaborative work with the Smithsonian Institution and the Peabody Museum advanced repatriation and curation practices. THPO involvement in high-profile undertakings has affected projects by the Federal Highway Administration, Bureau of Land Management, and energy infrastructure companies, shaping outcomes in cases involving the Dakota Access Pipeline and regional land use planning in areas like Alaska and the Great Plains.

Challenges and Contemporary Issues

THPOs confront challenges including limited funding, capacity constraints, jurisdictional disputes with states such as California and Oklahoma, and complex compliance with laws including the National Historic Preservation Act and the Native American Graves Protection and Repatriation Act. Contemporary issues include climate change impacts on cultural landscapes in regions like the Arctic National Wildlife Refuge and Southwestern United States, contested development projects such as pipelines and highways, and debates over digitization and stewardship involving institutions like the Library of Congress and Smithsonian Institution. Ongoing efforts address strengthening tribal sovereignty, improving consultation protocols with agencies such as the Advisory Council on Historic Preservation, and expanding partnerships with organizations including the National Trust for Historic Preservation and the Society for American Archaeology to enhance cultural resource protection.

Category:Native American historyCategory:Cultural heritage preservation