Traditional cultural property

A traditional cultural property (TCP) is an area that is eligible for inclusion in the National Register of Historic Places "because of its association with cultural practices or beliefs of a living community that (a) are rooted in that community's history, and (b) are important in maintaining the continuing cultural identity of the community."

Background
1992 amendments to the National Historic Preservation Act (NHPA) allowed for a new designation of property type, that of the traditional cultural property. The amendments established that properties affiliated with traditional religious and cultural importance to a distinct cultural group, such as a Native American tribe or Native Hawaiian group were eligible for the National Register. TCPs include built or natural locations, areas, or features considered sacred or culturally significant by a group or people. While TCPs are closely associated with Native American Cultures, a site need not be associated with a Native American cultural group to qualify as a TCP for the purposes of the National Register.

The 1992 amendment to the NHPA established "Properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization". Thus, Congress established this classification expressly for Native American Tribes and Native Hawaiian organizations. The amendment was clear and explicit, and it did not say anything about any other cultural groups or entities. Also, the term "traditional cultural property" (TCP) is a widely used, but non-legal term coined by agency people - it was never codified or sanctioned by Congress, and it cannot be found in any law or regulation. The agency-invented term traditional cultural property is commonly used as a substitute for the actual terminology in the 1992 amendment, but it has also been appropriated for places that have nothing whatsoever to do with Native Americans or Native Hawaiians. Like the Native American Graves Protection and Repatriation Act, and many other laws and Executive Orders that have been enacted to protect Native American rights specifically, the 1992 amendment to the NHPA was passed expressly on behalf of Native American Tribes and Native Hawaiian organizations, and that is its only legally recognized purpose.