Mining on Tribal Lands

Few firms can move a mining project through federal permitting, Tribal consultation, and litigation with the same team. Davis Graham & Stubbs LLP does. We guide mining companies from exploration through reclamation—securing approvals, building Tribal relationships, and defending projects if they are challenged.

We advise clients across the full project lifecycle, handling National Environmental Policy Act (NEPA) reviews, National Historic Preservation Act (NHPA) cultural review, Tribal consultation under applicable laws and executive orders, and the Tribal engagement strategy that ties it all together.

• Regulatory & Cultural. Mining projects involving Tribal interests mean navigating overlapping jurisdictions and regulatory frameworks, Tribal sovereignty, and cultural considerations. We advise mining companies, developers, financial stakeholders, and Tribal entities on mineral development, land use, and related state, federal, and Tribal approvals needed to operate on, near, or with an impact on Tribal lands.

• Relationship Building. Permits open a project; relationships sustain it. We help clients build those relationships and structure agreements that balance economic development with environmental stewardship and cultural preservation, keeping Tribal governments and local communities invested for the life of the mine—from surface use agreements to access agreements, benefit-sharing agreements, cultural monitoring agreements, joint ventures, and other arrangements that support long-term collaboration and mutual benefit.

• Disputes. When permitting, land access, royalty, or contract disputes threaten a project, we move fast to resolve them—and have extensive experience litigating such disputes in federal, state, and Tribal courts and before administrative agencies when necessary.

Critical minerals and sustainability mandates are rewriting the rules for the mining and metals industry. We help clients stay ahead of them—on environmental impact mitigation, reclamation planning, and sustainable operations—without losing sight of what makes these projects succeed: durable, respectful partnerships with the Tribes whose lands and interests are at stake.