Section 106 of the National Historic Preservation Act has been instrumental in protecting historic resources for almost five decades now. But when it was first enacted, there was no mention of the role of tribal governments in the process. In 1992 Congress amended the Act to mandate that federal agencies consult with Indian tribes and Native Hawaiian Organizations that attach religious and cultural significance to historic properties that may be affected by an undertaking. These amendments brought about a major set of changes in the national historic preservation program, including (1) the authorization for tribes to establish THPO programs and take over functions that would otherwise be performed by SHPOs on tribal lands; and (2) the statutory right of each tribe to be a consulting party when a proposed federal undertaking would affect a historic property that holds religious and cultural importance for the tribe. As of November 2014, there were 154 Tribal Historic Preservation Programs that had been approved by the National Park Service.
As part of the Forum series on Section 106, the editors at the Preservation Leadership Forum blog sent a short email survey asking three preservation practitioners who have worked extensively with projects affecting places of importance to the tribes to share their thoughts on the Section 106 consultation process.
Courtney Ann Coyle, a California preservation attorney; Tom King, a consultant in Maryland who is also the author of several books on Section 106 review; and Dean Suagee, an attorney with a firm that represents tribal governments, provided thoughtful written responses to the following questions:... Read More →