At this time, the Law Office of D.C. Burnette is only accepting new subscription clients. If you were referred by a current client, colleague, or professional contact, please email me at chris@dcburnettelaw.com.

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Practice Area Overview

Law Office of D.C. Burnette

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This overview highlights core areas of federal and public interest law handled by the attorney. It is not an all-inclusive list. No specialization is claimed in any of the listed practice areas. Clients are encouraged to contact the office to discuss specific needs, unique legal questions, or areas of practice.

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I. Federal Practice & Administrative Law

• Public Lands Practice

  • Legal guidance on federal land use disputes and access rights.

  • ​Representation in permit denials and NEPA-related challenges.

  • Comment drafting and legal strategy for federal rulemakings.

  • Policy review and legal interpretations for park management plans.

  • Counsel for co-management and tribal consultation processes.

  • Strategic legal advice during agency investigations or audits.

  • Challenging decisions at the Park, Regional, Agency, or Department level.

  • Support for those with life estates, leases, or other federal inholding. 

• Open Government Laws

  • Drafting, submitting, and appealing FOIA requests.

  • Litigating wrongful denials under FOIA and the Privacy Act.

  • Strategic advice on navigating agency records procedures.

  • Monitoring and challenging agency compliance with existing law.

  • Evaluating potential Sunshine Act violations and remedies.

• Federal Administrative Appeals

  • Representation in appeals before Interior Board of Land Appeals (IBLA).

  • Legal strategy for decisions by DOI, USDA, VA, and other federal bodies.

  • Drafting appeal briefs, motions, and supplemental filings.

  • Navigating procedural deadlines and jurisdictional requirements.

  • Settlement negotiations and mitigation agreements.

  • Preparation of evidentiary records and hearings support.

• Federal Appeals

  • Direct representation in U.S. Courts of Appeals.

  • Amicus brief preparation and coalition advocacy.

  • Appeals of agency final decisions or adverse federal trial rulings.

  • Legal research and issue spotting for appellate record development.

  • Oral argument preparation and presentation.

  • Petition for review and certiorari drafting.

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II. Commercial Services, Leasing, and Permitting

• Securing Commercial Opportunities

  • Proposal development and review for federal solicitations.

  • Guidance on business or entity formation aligned with federal eligibility.

  • Contract compliance reviews for concession, leasing, and permit holders.

  • Pre-award protest preparation and filing.

  • Compliance support during contract performance and audits.

  • Post-award disputes and termination advocacy.

• Commercial Use Authorizations (CUAs)

  • Legal review of CUA applications and renewals.

  • Advice on liability, insurance, and fee structures.

  • Resolving access conflicts and competitive use issues.

  • Support for small businesses and nonprofits in recreation, guiding, and transport.

  • Monitoring agency CUA quota and permit rule changes.

  • Advocacy on behalf of CUA holders during policy reviews.

• Historic Leasing at the National Park Service

  • Legal support for leasing of historic properties under 36 CFR Part 18.

  • Contract negotiation and leasehold compliance audits.

  • Advocacy on adaptive re-use and preservation standards.

  • Partnership structure consulting with nonprofits and local governments.

  • Advice on tax credits and funding tied to historic rehabilitation.

  • Dispute resolution involving terms of lease or access rights.

• Special Use Permits

  • Application assistance and permit compliance review.

  • Representation in permit denial or revocation.

  • Support for First Amendment and expressive activity permits.

  • Advising on group use and competitive event logistics.

  • Coordination with stakeholders on interagency access issues.

  • Legal defense in cases of permit violations or enforcement.

• Concessions

  • Bid preparation and negotiation under NPS Concessions Management Improvement Act.

  • Legal review of prospectuses and draft contracts.

  • Advocacy on rate approval, franchise fees, and operational audits.

  • Contract dispute resolution or termination challenges.

  • Negotiation of asset transfer or investment recovery rights.

  • Counsel during re-competition or preference application.

• Burial Rights and Cemetery Access on Federal Lands

  • Legal support navigating NCA, Army, and NPS cemetery policies.

  • Advocacy for tribal reburial and cultural rights.

  • Assistance with disinterment requests and process compliance.

  • Defense of burial access under Section 106 and NHPA.

  • FOIA support in uncovering relevant burial site documentation.

  • Navigating multijurisdictional claims and conflicting legal authorities.

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III. Outdoor Recreation & Access

• Outdoor Recreation Groups Support

  • Legal guidance for outdoor advocacy and recreation groups.

  • Structuring user agreements, sponsorships, and liability waivers.

  • Permitting and access advocacy across agencies.

  • Partnership negotiation and MOUs with public land agencies.

  • Defense against trespass or unauthorized use claims.

  • Public comment and rulemaking participation support.

• Disability Access and Service Animal Rights

  • Legal representation under ADA, ABA, and Section 504.

  • Litigation support for discriminatory facility designs or policies.

  • Support for service animal access disputes.

  • Enforcement actions for denied accommodations.

  • Trail and infrastructure compliance reviews.

  • Consultation with agencies to develop reasonable modifications.

• Accessible Infrastructure and Mobility Rights

  • Legal review of trail, road, and facility compliance plans.

  • Rights advocacy for wheelchair-accessible outdoor areas.

  • Expert input on Universal Design for outdoor public spaces.

  • Litigation for transportation network access failures.

  • Integration of emerging mobility and access tools.

• Active Transportation, Emerging Mobility, & Transit

  • Representation in rail-trail and multimodal planning and disputes.

  • Support for funding proposals tied to bike/ped infrastructure.

  • Legal reviews of active mobility planning documents.

  • Policy comments on micromobility and e-bike regulation.

  • Access and equity evaluations under Title VI and ADA.

  • Municipal partnership agreements and right-of-way access.

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IV. Nonprofits & Partnerships

• Traditional Support for Nonprofits

  • Copyright protection, licensing, and fair use guidance.

  • Assistance with nonprofit formation and IRS 501(c)(3) status.

  • Charter compliance for Congressionally authorized nonprofits.

  • Assistance with bylaws, governance, and board duties.

  • Support for grant applications and reporting compliance.

  • Advising on liability waivers and activity agreements.

• Land Use Support for Nonprofits

  • Representation in outdoor programming partnerships.

  • Representation in disputes over access or federal restrictions.

  • Legal input on program design, access, and public lands coordination.

  • Guidance on service-related accommodations or transportation needs.

  • Contract negotiation with federal partners.

  • Regulatory compliance guidance for nonprofit programs.

  • Land use and facilities agreements with agencies.

  • Defense of use rights and permit challenges.

• Partnerships through Agreements

  • Drafting and negotiation of Cooperative Agreements (CAs).

  • Support for Cooperative Management Agreements (CMAs).

  • Legal counsel for MOUs and joint program operations.

  • Risk management and indemnification provisions.

  • Funding agreement reviews and compliance audits.

  • Representation in disputes over agreement performance.

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V. Natural Resources, Cultural & Historic Preservation

• Historic Preservation and Cultural Resource Protection

  • Section 106 consulting party representation.

  • Advisory Council on Historic Preservation (ACHP) engagement.

  • NHPA litigation or compliance reviews.

  • Legal review of mitigation proposals and memoranda.

  • Support for cultural landscape reports and nominations.

  • Defense against adverse effect findings.

  • Counsel during federal consultation with tribes.

  • Sacred site protection and cultural access enforcement.

  • ​Coordination with BIA, NPS, and SHPOs on cultural claims.

  • Advocacy for policy change or rule amendments.

• Scenic and Conservation Easements, Wilderness, & Land Use

  • Legal review of conservation easement terms and disputes.

  • Representation in land trust and acquisition projects.

  • Section 4(f), NEPA, and NHPA coordination for land use.

  • Wilderness designation advocacy and legal defense.

  • Defense of public access to conserved lands.

  • Support for scenic byway, trail, and greenway development.

• Heritage Nonprofit Support

  • IRS compliance and mission-aligned governance review.

  • Legal assistance with programmatic agreements and grants.

  • Counsel for interpretive programming and heritage tourism.

  • Advocacy for inclusive historical narratives and access.

  • Policy input on federal heritage preservation initiatives.

  • Defense against agency action undermining cultural heritage.

• Indian Arts and Crafts Act (IACA) Enforcement

  • Representation for Native artists before DOI and FTC.

  • Investigations and evidence collection for IACA cases.

  • Legal demands against false representation in art sales.

  • Support for tribes seeking IACA compliance enforcement.

  • Intellectual property guidance for Native cultural works.

  • Collaboration with museums and galleries on legal protections.

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VI. Park Rangers, NPS/DOI Federal Employees, Nonprofit Leaders, Active Duty, & Veterans

• Employment Issues

  • Advising on internal agency grievances and informal resolution.

  • Representation in adverse actions and removals.

  • Guidance on navigating EEO complaints and investigations.

  • Legal support during reassignments and position abolishment.

  • Career support and counseling.

  • Guidance on rights, benefits, responsibilities, and duties as a federal employee.

  • Strategy for performance improvement plans and review rebuttals.

• Military Justice 

  • Counseling on UCMJ procedures and disciplinary hearings.

  • Advocacy for discharge upgrades and records corrections.

  • Support for religious accommodation or CO applications.

  • Representation before Boards for Correction of Military Records.

  • Legal advice on rights under UCMJ, SCRA and USERRA.

• Support for Veterans 

  • Assistance with VA claims and appeals.

  • Counseling on education, housing, and health benefits.

  • Legal support for discrimination claims.

  • Advocacy for service-connected disability and pension access.

  • Advising on interface with SSA, DOL, and other federal programs.

  • Legal coaching for veterans transitioning to civilian employment.

• Security Clearance & Classified Federal Employment

  • ​Representation in security clearance denials, revocations, and DOHA hearings.

  • Counseling on PRP decertification, adverse suitability findings, and reassignments.

  • Legal guidance for individuals removed from SAP or SCI programs.

  • Advising on lifetime NDA obligations, post-clearance employment risks, and publication restrictions.

  • Support for federal employees and contractors in sensitive or trust-designated positions.

  • Pre-publication review and whistleblower protection in classified work environments.