National Historic Preservation Act (Section 106; 1992 TCP amendments)

What happened

The National Historic Preservation Act became Public Law 89-665 on October 15, 1966. Its purpose, in its own words, was "to establish a program for the preservation of additional historic properties throughout the Nation." Nothing in the original text singled out tribes.

The key rule is section 106. Before approving federal money or issuing a license for an undertaking, a federal agency must "take into account the effect of the undertaking" on historic property, and must give the Advisory Council on Historic Preservation a reasonable chance to comment. In 1966 the covered places were those included in the National Register. The wording is about process. It tells agencies to consider effects; it does not command them to stop a project.

In 1992, Congress amended the Act to add protection for Native places. Today's 54 U.S.C. 302706 says property "of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization may be determined to be eligible for inclusion on the National Register." It also says that when carrying out section 106, a federal agency "shall consult with any Indian tribe or Native Hawaiian organization that attaches religious and cultural significance" to such property.

The result is a consultation duty, not a veto. The Advisory Council describes Section 106 as a review process in which the federal agency consults to assess effects and then explores ways to avoid, minimize or mitigate adverse effects.

Summarized with AI assistance from 5 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error