On October 4, 2024, DOE requested the Advisory Council on Historic Preservation (ACHP) provide an advisory opinion on DOEs conclusion that the loan would not trigger an adverse effect.[243] On October 22, ACHP issued a letter criticizing DOEs lack of tribal consultation and advising DOE to work with BLM and the Tribes to either revise the existing Historic Properties Treatment Plan and the Historic Properties Treatment Plans Memorandum of Agreement, or begin a whole new NHPA consultation process to create a new HPTP and Memorandum of Agreement that reflected the Tribes concerns.[244] Instead, on October 28, DOE issued a letter declaring it would not follow ACHPs advice, it would rely to a significant extent on BLMs processes as the lead agency, and that it was concluding the Tribal consultation process, and officially approved the loan to Lithium Nevada.[245] Beyond the specific requirements of laws like the NHPA, Tribes, like all other stakeholders, have the right to participate in the public comments solicited pursuant to NEPA.[246] However, despite their unique and longstanding connection to their land, and its importance to their livelihoods, ancestry, and culture, US law offers Indigenous peoples few protections beyond what it offers ordinary citizens
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