06/17/2026
Section 106 agreement documents are federal permit conditions, and agencies have the power and responsibility to enforce them as such. In the recent U.S. v. Savannah Land Holdings consent decree, a Georgia developer just agreed to pay $1.1 million for destroying Native American burial sites, losing thousands of artifacts, and failing to repatriate human remains.
Their 2007 wetlands fill permit incorporated a Programmatic Agreement governing treatment of historic properties under NHPA Section 106. When the developer skipped required surveys, bulldozed through burial sites, and failed to consult, they committed federal permit violations, enforceable in federal court with civil penalties accruing by the day. These types of federal enforcement actions are too rare, but this case provides a useful model when developer behavior is beyond the pale.
A Savannah area development company accused of damaging or losing over 80,000 Native American artifacts and improperly removing human remains will pay the federal government over $1 million, court …