Compliance with the National Historic Preservation Act (NHPA) of 1966 and other cultural resource and historic preservation laws has become increasingly complex and time consuming over the past decade. While evaluating cultural resources and conducting tribal consultation is usually a federal agency requirement, project proponents play a key role, and experience directly impacts the agency’s compliance or lack thereof. Historic preservation and tribal consultation considerations affect a wide variety of projects, from energy development and transmission to highways and airports. Through Holland & Hart’s network of offices, we have attorneys with the knowledge, experience, and local connections necessary to help clients in a range of industries solve complex preservation issues across the country.
Holland & Hart attorneys have handled cultural resource issues and negotiated project-specific preservation agreement documents for linear rights-of-way projects, including pipelines, electric transmission lines, railroads, and highway projects in addition to traditional mining and renewable energy projects.
We regularly work with Indian tribes and address preservation issues with a range of federal agencies, such as the U.S. Army Corps of Engineers, the U.S. Forest Service, the Bureau of Land Management, the Federal Communications Commission, the Surface Transportation Board, and the Federal Energy Regulatory Commission. Through our experience, we have developed good working relationships with permitting agencies, the Advisory Council on Historic Preservation (ACHP), the National Conference of State Historic Preservation Officers, and numerous Indian tribes.
We also advise clients through the regulatory hurdles associated with the Native American Graves Protection and Repatriation Act (NAGPRA), the Archaeological Resources Protection Act (ARPA), sacred sites consultation, and the Antiquities Act.
Holland & Hart lawyers regularly manage consultations and negotiations with the full range of consulting parties, from State Historic Preservation Officers (SHPOs), Tribal Historic Preservation Officers (THPOs), and the ACHP to state and local governments as well as local, regional, and national preservation organizations. We have also counseled and trained in-house counsel, consultants, tribes, and cultural resource management firms. Our experienced attorneys deal with historic properties of every kind, including archeological sites both in the ground and under water, architectural properties, cultural resources, National Historic Landmarks, and large properties such as districts and designated landscapes.