In alignment with its mission to protect the United States, DHS ensures that its operations comply with key environmental laws designed to consider impacts to cultural and historic resources, including:
- Archaeological Resource Protection Act;
- National Historic Preservation Act and its implementing regulations at 36 CFR 800;
- Native American Graves and Repatriation Act; and
- Executive Order 13007 “Indian Sacred Sites”.
DHS follows the policy and procedures in the following Directive and Instruction for cultural resource management.
Section 106 of the NHPA allows federal agencies to tailor the review process for a group of undertakings or an entire program that may affect historic properties through program alternatives, such as programmatic agreements or alternate procedures, to streamline compliance. The Advisory Council on Historic Preservation approves program alternatives and maintains a list of those available to specific agencies.
DHS consults with Federally Recognized Tribes and Native Hawaiian organizations on proposed activities to inform environmental decision-making. The Tribal Desk within the DHS Office of Intergovernmental Affairs leads Department-wide Tribal consultation efforts and provides assistance and guidance to other DHS Tribal consultation efforts. Tribal consultation allows DHS to uphold our Trust Responsibility and ensure that Tribal perspectives are respected and considered in our decision-making process.