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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.
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| Agency Experience |
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Coordinating and evaluating the Section 106 compliance of the following agencies: - Bureau of Land Management
- U.S. Forest Service
- Federal Energy Regulatory Commission
- U.S. Army Corps of Engineers
- National Park Service
- U.S. Fish and Wildlife Service
- Federal Communications Commission
- Surface Transportation Board
- International Boundary and Waters Commission
| | Compliance Resolution |
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- Engaging higher-level agency decision makers or congressional delegates to resolve disagreements in the Section 106 process
- Engaging the ACHP to expedite the comment period for time-sensitive projects
- Securing positive SHPO concurrence in contested adverse-effect cases
| | Litigation |
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- Defending federal agencies’ tribal consultation and Section 106 compliance on behalf of intervenors/project proponents in federal courts
| | NAGPRA, Sacred Sites, and Other Cultural Resources Obligations |
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- Streamlining cultural resources permitting procedures to include compliance with multiple preservation statutes and tribal consultation obligations, including the NHPA, NAGPRA, sacred sites consultation, and other executive orders
- Developing plans of action and coordinating resolution of other NAGPRA compliance challenges
- Resolving conflicts related to Section 4(f) of the Department of Transportation Act
- Coordinating compliance with state and local cultural resources law, including county land use plans and the Wyoming Industrial Siting Act
- Commenting on behalf of industry clients on proposed federal and local rules and policies affecting historic preservation law
| | Paleontological Resources |
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- While not synonymous with cultural resources, Holland & Hart also has experience in paleontological resources law, including federal, state, and local due diligence for successful international transaction and export of fossilized sauropods.
| | Projects |
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Advising clients throughout the Section 106 process, including tribal consultation, for projects including: - Oil and gas operations
- Interstate pipelines
- Interstate transmission lines
- Railways
- Coal leasing
- Hard rock mining operations, including gold and bentonite
- In-situ uranium
- Renewable projects
- Highway construction
- Geothermal
- Cell phone towers
- Airports
- Seismic exploration
- Groundwater development
| | Section 106 Issues |
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- Coordinating NHPA Section 106 compliance with National Environmental Policy Act (NEPA) compliance
- Negotiating programmatic agreements and memoranda of agreement
- Evaluating the scope of Section 106 review required for seismic surveys
- Advising project proponents on Section 106 compliance required on private land and for non-federal components of projects
- Recommending best practices for tribal consultation to agencies, project proponents, and cultural resources management contractors
- Evaluating the effect of ACHP comments, disagreements, and foreclosure
| | Training |
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- Providing Section 106 training for in-house legal counsel, tribes, federal agencies, and energy company representatives
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Past Speaking Engagements and Events
April 2012
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Rocky Mountain Mineral Law Foundation Special Institute on Federal Regulation of Cultural Resources, Wildlife, and Waters of the U.S.
| September 2011
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Tribal Learning Session: Historic Preservation and NEPA under the Federal Communications Commission
Tribal Learning Session in Conjunction with the FCC for THPOs and Tribal Cultural Resources Specialists
SD
| August 13-14, 2009
| Wyoming Wind Symposium hosted by Governor Dave Freudenthal
University of Wyoming, Laramie, Wyoming
| August 2009
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Cultural Resource Compliance Requirements in Wyoming Industrial Siting Act and for Wyoming State Trust Lands
Petroleum Association of Wyoming Annual Meeting
Casper, Wyoming
| February 27, 2009
| CLE International
Denver, CO
| February 26-27, 2009
| CLE International
Denver, Colorado
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January 24, 2009
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| December 2008
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Private Lands, Public Issues
Basics of Historic Preservation Workshop, sponsored by the Wyoming State Historic Preservation Office
Casper, Wyoming
| February 28-29, 2008
| CLE International
Denver, CO
| February 28, 2008
| CLE International
Denver, CO
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