Tribal Cultural and Historic Preservation

Summary

This practice note discusses the legal frameworks used to protect historic and cultural resources of importance to Tribal Nations. It begins with the National Historic Preservation Act (NHPA) and the National Environmental Policy Act (NEPA), the primary federal laws governing historic preservation and environmental protection. Both require federal agencies to consider impacts on historic properties and the environment. Attorneys involved in agency proceedings where historic, cultural, or environmental resources may be impacted must be familiar with the NHPA and NEPA. This note offers guidance for practice before federal agencies when these laws apply.