Many development projects have a federal connection — such as a federal permit or grant — that triggers compliance with Section 106 of the National Historic Preservation Act. Section 106 requires the approving federal agency to assess the impacts of the development on properties that are listed or eligible for listing on the National Register of Historic Places, and Section 106 may require consultation with Indian tribes with an interest in the potentially impacted property. Section 106 compliance is often overlooked, its requirements are prone to misunderstanding, and an agency’s failure to comply with Section 106 can lead to legal challenges that can slow down or stop the development. Here’s a link to an article about common Section 106 misconceptions.
