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

QUESTION PRESENTED 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.