A/HRC/36/46/Add.1 20. In line with article 32 (2) of the United Nations Declaration on the Rights of Indigenous Peoples, section 106 of the National Historic Preservation Act (1966) requires federal agencies to take into account the effect of any federal or federally assisted undertaking on any historic property eligible for entry in the National Register of Historic Places.16 According to the implementing regulations, federal agencies must consult with any Indian tribe or Native Hawaiian organization that attaches religious and cultural significance to historic properties that may be affected by a federal or federally assisted undertaking.17 III. Positive measures and initiatives for the implementation of the United Nations Declaration on the Rights of Indigenous Peoples 21. In December 2010, the United States of America declared its support for the United Nations Declaration on the Rights of Indigenous Peoples. The administration at the time took strong steps towards implementing a consultation framework by holding high-level meetings between tribal leaders and the executive branch. Since 2012, the federal Government had made commendable efforts to develop policies to effectively implement the principles set forth in the Declaration, including the adoption of the Violence Against Women Reauthorization Act (2013) and the creation of the White House Council on Native American Affairs (2013), which brings together federal departments and agencies across the executive branch to more effectively coordinate programmes for Indians. 22. In 2012, the Departments of Defence, the Interior and Energy, and the Advisory Council on Historic Preservation signed a memorandum of understanding to improve the protection of and tribal access to Indian sacred sites through enhanced and improved interdepartmental coordination and collaboration. 23. On 1 March 2013, the Advisory Council adopted a plan to support the Declaration by incorporating the principles set forth therein — including free, prior and informed consent — into its programmes, policies and initiatives. It also committed to raising awareness about the Declaration within the historic preservation community and among other federal agencies. 24. The Special Rapporteur learned about various initiatives supporting the Declaration. In 2014, the Environmental Protection Agency recognized in its Policy on Environmental Justice for Working with Federally Recognized Tribes and Indigenous Peoples the importance of the Declaration and the principles that were consistent with the mission and authorities of the agency. IV. Principal human rights concerns A. Consultation and free, prior and informed consent 25. As a universal framework setting out the minimum standards of protection of indigenous peoples’ rights, the Declaration establishes the duty of States to consult and cooperate in good faith with indigenous peoples in order to obtain their free, prior and informed consent before approving any project, including energy and infrastructure projects, affecting their lands or territories and other resources. Effective implementation of that principle would ensure that indigenous peoples have decision-making power over the impacts of energy development on their lands. 26. The Special Rapporteur found that the situation faced by the Standing Rock Sioux tribe was shared by many indigenous communities in the United States, as tribal communities nationwide wrestle with the realities of living in ground zero of energy 16 17 6 United States of America, 54 U.S.C., sect. 306108. United States of America, 36 C.F.R., sect. 800 (2) (c) (2) (ii).