Understanding What's At Stake for Native Nations

What is Section 106?
Section 106 of the National Historic Preservation Act is a federal review process that requires federal agencies to consider how their projects, permits, licenses, or funding decisions may affect historic properties.

For Native Nations, this includes places that hold cultural, historical, religious, or spiritual significance, such as sacred places, burial places, traditional cultural landscapes, and Ancestral homelands.

Section 106 also requires federal agencies to consult with Native Nations before making decisions that could affect these places.

Why is it important?
Section 106 helps ensure that Native Nations have a voice before federal actions move forward.

While it does not automatically stop a project, it requires federal agencies to:
  • Consult with Native Nations on a government-to-government basis.
  • Identify and consider impacts to culturally significant places.
  • Explore ways to avoid, minimize, or mitigate harm.
  • Document decisions before projects proceed. ​

Without meaningful consultation, sacred places and cultural resources can be permanently damaged or destroyed before Native Nations have the opportunity to protect them.
Where does it apply?
Section 106 applies whenever there is a federal undertaking—including projects that are federally funded, federally permitted, federally licensed, or carried out by a federal agency.

Examples include:
  • Roads and highways
  • Energy development
  • Mining projects
  • Pipelines
  • Transmission lines
  • Federal land management
  • Infrastructure improvements
  • Other projects involving federal approval or funding

These projects may occur on federal, Native Nation, state, or private lands if a federal agency is involved.

Who does it affect?
Section 106 affects:
  • Native Nations
  • Tribal Historic Preservation Officers (THPOs)
  • Traditional cultural practitioners
  • Federal agencies
  • State Historic Preservation Officers (SHPOs)
  • Project applicants and developers
  • Museums, archaeologists, and preservation professionals
  • Anyone who values protecting Native cultural heritage​

Take Action Now

The most effective time to protect sacred places is before decisions are made. Native Nations should engage as early as possible during the Section 106 process and respond to consultation opportunities when they arise.
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Proposed changes to the Section 106 regulations are moving through the federal rulemaking process and could weaken government-to-government consultation and protections for places central to Native Nations' cultures, histories, and lifeways. The Advisory Council on Historic Preservation’s proposed changes, RIN 3010-AA10, are currently under federal review. Before the proposal is published for formal public comment, Native Nations and others may request a meeting with the Office of Information and Regulatory Affairs (OIRA) to provide input.
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Request an OIRA meeting and reference RIN 3010-AA10.

Native Nations can also:​
  • Document how Section 106 has protected important places in their Nation.
  • Share examples of why meaningful consultation matters.
  • Engage Members of Congress.
  • Prepare to participate in the public comment period.
  • Stay connected with the Association for updates and action alerts.

What Happens Next?

Formal public comments will open after the proposed rule is published in the Federal Register. The Association will continue monitoring the rulemaking process and providing educational resources, guidance, and opportunities to take action.
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