Under Public Law 3-39, the HPO is mandated to comply and take into account all federal laws and regulations governing the protection and preservation of these historic and cultural resources. The Section 106 Review under the U.S. National Historic Preservation Act of 1966 (NHPA), as amended, and associated 36 CFR Part 800 provides the strength behind this protection and preservation regulation.

A Section 106 Review must be undertaken for projects that involve a direct, indirect, or an adverse impact on a site or sites that are on or are eligible for inclusion in the National Register of Historic Places. The responsibility of initiating and completing the Section 106 Review lies with the head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking. Furthermore, the Section 106 Review must be completed prior to the approval of expenditure of any federal funds committed to the project or prior to the issuance of any license, as the case may be.