Overview
Parsons Behle & Latimer advises mining, energy and infrastructure clients on the cultural resource and historic preservation requirements that arise when project development intersects with cultural sites, historic properties or Tribal cultural resources. Our attorneys help project proponents anticipate these obligations early; structure efficient consultation and permitting strategies; and negotiate the agreements needed to move projects forward. Whether a project is sited on public land subject to cultural resource review, crosses areas of Tribal cultural significance or otherwise triggers federal or state historic preservation review, clients rely on us to manage this multi-layered regulatory landscape in a way that builds productive relationships, reduces delay and manages risk.
Team
Key Contacts
Capabilities
Cultural Resources & NHPA Compliance
Parsons Behle & Latimer’s environmental attorneys have assisted clients on numerous projects requiring detailed compliance with the National Historic Preservation Act (NHPA), Native American Graves Protection and Repatriation Act (NAGPRA) and other cultural resource laws and regulations, including similar state laws. The breadth of our experience with projects located on public lands or otherwise requiring federal permits has provided us with a unique perspective on the NHPA consultation and compliance process. We help project proponents’ work alongside federal agencies to structure consultation processes that satisfy these legal obligations efficiently and in good faith, minimizing the risk of delay or challenge while ensuring tribal concerns are addressed constructively from initial notification through resolution. These projects often prompt a variety of questions triggered by the applicability of the NHPA and other federal and state laws protecting cultural, archaeological and paleontological resources.
Our attorneys regularly assist clients with compliance obligations ranging from the initial determination of eligibility to efficiently interfacing the historic properties assessment under the NHPA Section 106 process with the corresponding project-related NEPA compliance. We negotiate detailed Memoranda of Agreement or Programmatic Agreements to resolve project effects on historic properties. With respect to transportation projects, our attorneys have also worked on compliance with the unique cultural resource preservation obligations triggered by Section 4(f) of the Department of Transportation Act.
