The Opportunities and Limitations of Tribal Consultation in Studies Conducted Under Section 106 of the National Historic Preservation Act

Proposed construction and development projects that require Federal permits are subject to review under Section 106 of the National Historic Preservation Act, which requires that the Federal decision-maker take into account the project's potential effects on cultural resources listed or eligible for listing in the National Register of Historic Places. Over the years and especially after 1990 when the National Park Service released Bulletin 38, Guidelines for Evaluating and Documenting Traditional Cultural Properties (TCPs), Section 106 review has increased the consideration of designating TCPs and consultation with the Indian tribal organizations that value them. Bulletin 38 defines TCPs as places that have been historically important in maintaining the cultural identify of a community.