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68th Annual Institute 2022: Development Restrictions on Traditional Cultural and Religious Lands – The Intersection of Vested Rights for Energy and Mineral Development and Protection of Sacred Areas
The Biden administration recently announced plans to segregate and withdraw 325,000 acres of federal minerals under nearly 950,000 surface acres around Chaco Culture National Historical Park, stating that existing rights of allottees and lease holders would not be affected. This presentation summarizes the law that authorizes federal agencies to withdraw traditional cultural properties and other culturally significant or sacred lands from mineral and energy development. It then considers the case law, including Solenex, LLC v. Bernhardt and Grand Canyon Trust v. Williams, that has shaped the scope and limitations of property interests in federal mining claims and oil and gas leases, and explain how factors such as surface occupancy rights, environmental reviews, and the stage of development affect the existence of a “valid existing right.” Finally, the presentation reviews potential remedies for valid existing right holders, including prospects for a takings claim, and the extent of the government’s authority to impose new restrictions or conditions on valid existing rights.
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