Section 106 of the National Historic Preservation
Act ("NHPA"), 54 U.S.C. § 306108, requires federal
agencies to consult with Indian tribes and other interested parties to assess and mitigate the potential adverse impacts that a project requiring federal approval
may have on sites of historic and cultural significance.
The question presented here is whether the NHPA
imposes a continuing obligation upon federal agencies
to engage in consultation under Section 106 when an
agency maintains supervision of an ongoing project,
and has the opportunity to require changes to mitigate
adverse impacts after the initial approval.

Whether the National Historic Preservation Act imposes a continuing obligation on federal agencies to engage in consultation when an agency maintains supervision of an ongoing project and has the opportunity to require changes to mitigate adverse impacts after initial approval