Cultural Preservation, Protection, and Sovereignty in Indian Country

DESCRIPTION: This CLE examines how attorneys and legal teams can build durable protection for tribal cultural resources through tribal legal infrastructure rather than reliance on federal law alone. The course begins with the foundational principle that inherent sovereignty and treaty rights, not federal statutes, are the strongest basis for cultural resource protection, then surveys the federal framework (Section 106, NAGPRA, ARPA, and sacred sites protections), including its significant limitations. From there, Barrington walks through the tools tribes can build and deploy, such as tribal codes and trespass authority, environmental review processes, Treatment as a State status, HEARTH Act leasing authority, and the underutilized protections of NIFRMA. The course also addresses THPO programs and proactive preservation planning, ROW audits and layered enforcement strategies, private developer negotiations, funding mechanisms for ongoing enforcement capacity, and data sovereignty and intellectual property protections for tribal cultural expression and information. Practical action items are woven throughout. For accreditation information, check your Bar website or our list: https://www.clecast.net/accreditation. You will watch a video, be provided materials, and then fill out a certificate of completion should your state require that. Access to this CLE is available for 365 days following your purchase.