For Tribal Nations, Section 106 is particularly important because federal law specifically requires agencies to consult with Indian Tribes and Native Hawaiian organizations that attach religious and cultural significance to properties that may be eligible for the National Register.

Recent actions by Tribal Nations demonstrate that sovereignty does not require a particular position on data centers. Some tribes have prohibited or paused large-scale development. Others have demanded consultation concerning projects that could affect tribal resources. Still others have developed or owned digital infrastructure themselves.