Tribal Preservation Officers Lay Out Questions in Infrastructure Case
The National Association of Tribal Historic Preservation Officers (NATHPO) submitted a statement of issues in in United Keetoowah Band v. FCC & USA, No. 18-1129, a case challenging the FCC’s March infrastructure order. “NATHPO intends to file opening and reply…
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briefs focused on the detrimental impact of the FCC’s order on historic preservation of Tribal cultural resources,” the group said. Issues to be raised include whether the FCC “properly interpreted the National Historic Preservation Act with respect to its definition of an ‘undertaking,’” whether the FCC has authority “to eliminate Tribal review and associated fees through administrative order” and whether the agency engaged in the required “government-to-government consultation with Indian Tribes,” NATHPO said.