Modrall Sperling’s cultural and historic resources practice includes representation of industry clients in the cultural resources management arena, including counsel, administrative appeals, and litigation services relating to: (1) the National Historic Preservation Act and its all-important Section 106 process that is triggered by any ground-disturbing activities arising on federal or Indian lands or requiring some form of federal approval, permit or license; (2) the Native American Graves Protection and Repatriation Act and its requirements concerning the protection of Native American burial grounds and associated objects; and (3) the range of other federal cultural and historic management statutes and Executive Orders governing historic properties, sacred sites and related matters.
Acting on behalf of development or industry interests, Modrall Sperling’s attorneys have been involved since roughly 1984 in administrative and litigation proceedings and discussions with State Historic Preservation Officers, the federal Advisory Council on Historic Preservation, Indian tribes and other groups. In the mid-1980s, the firm represented timber interests in litigation in federal court in New Mexico involving efforts to enjoin all timber sales in New Mexico and Arizona until the U.S. Forest Service had undertaken a comprehensive cultural resources inventory of all National Forest system lands. More recently, the firm has been involved in development activities on federal public lands that present land use conflicts issues between the proposed development and cultural resource and sacred site preservation.