Tribal Economic Development - Law Seminars International

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A Two-Day Comprehensive Conference on
Akin Gump Strauss Hauer &
Feld LLP
Appleby Law PLLC
Ater Wynne LLP
Environmental Science Associates
Fitting Law
Frye Law Firm, P.C.
Greenberg Traurig, LLP
Holland & Knight LLP
Joe Lennihan, Attorney at Law
Johnson Barnhouse &
Keegan LLP
Law Offices of Schaff & ClarkDeschene, LLC
Law Offices of Thomas
E. Luebben
Modrall Sperling
Navajo Nation
Navajo Nation Department
of Justice
New Mexico Indian
Affairs Department
Powers Pyles Sutter & Verville PC
Sacks Tierney P.A.
Sovereign Finance LLC
Sutin, Thayer & Browne APC
U.S. Department of the Interior
Tribal Economic Development
in the
Southwest
Practical tips for Tribes and their private sector
business partners
April 16 & 17, 2015
Albuquerque, New Mexico
bcast
Live We le!
Availab
Sandia Resort & Casino
Credits: NM 11.5 CLE (call about others)
Quick when/where: 8:30 a.m., 30 Rainbow Road NE
Tribal Economic Development Conference
April 16 & 17, 2015 | Albuquerque, New Mexico
Sandia Resort & Casino
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15TRIBLNM WS
Thursday, April 16, 2015
Tribal Economic Development Conference
8:00
Registration Opens
12:00 Lunch (on your own)
8:30
Introduction and Overview
1:15
Karl E. Johnson, Esq., Program Co-Chair
Johnson Barnhouse & Keegan LLP ~ Albuquerque, NM
Proposed BIA oil and gas regulations; general requirements for
environmental impact review for projects on Tribal lands or Tribal
projects off Tribal lands; Tribal authority to establish regulations
related to compliance
Christina S. West, Esq., Program Co-Chair
Sutin, Thayer & Browne APC ~ Albuquerque, NM
8:45
Indian Country Economic Development from an
International Perspective
Deana M. Bennett, Esq.
Modrall Sperling ~ Albuquerque, NM
Coping with globalization; trade vs. protectionism; privatization;
worker’s rights vs. labor laws; exploitation of non-renewable
resources vs. industrialization; the rising role of serve industries;
the rise of inequality between nations and individuals
Environmental Assessment (EA) and Environmental Impact
Statement (EIS) preparation tips: Consultation requirements and
how to identify the appropriate agencies; Endangered Species Act
considerations
James E. Fitting, Esq.
Fitting Law ~ Albuquerque, NM
9:30
Legislative Update: Perspectives of Recent
Developments with Opportunities for Tribal Economic
Development
Impact of the 2014 midterm elections; recent appropriations and
how they compare to previous years; status report on renewal of
tax incentives; trends in pending bills relating to specific Tribes
and Indian Country in general
Mitch Marken, Ph.D.
Vice President and Cultural Resources Leader
Environmental Science Associates ~ Los Angeles, CA
2:45
Break
3:00
Tips for Developing Effective Tribal Structures
for Overseeing Tribal Enterprises and Regulating
Businesses Operating on Tribal Lands
Areas where Tribes have flexibility; regulatory trends and best
practices
Kelly K. Zunie, Cabinet Secretary-Designate
New Mexico Indian Affairs Department ~ Santa Fe, NM
Brian Gunn, Esq.
Powers Pyles Sutter & Verville PC ~ Washington, DC
10:30
Break
10:45
Judicial Update on Tribal Sovereign Immunity and
Scope of Tribal Jurisdiction
The Supreme Court’s Bay Mills decision and the future of
sovereign immunity; The Ninth Circuit’s decision in Big Lagoon
Rancheria v. California on jurisdiction over trust lands; payday
and car title loan cases
Albert Damon, Jr., Division Director, Economic Development
Navajo Nation ~ Window Rock, AZ
3:45
Nancy J. Appleby, Esq.
Appleby Law PLLC ~ Alexandria, VA
Getting Deals Done: Case Study of Common Issues in a
Construction Contract
Drafting tips for AIA contracts, bonds, terms for addressing lack
of Tribal licensing requirements or ordinances, lack of mechanics
liens, sovereign immunity waivers, and design defect standards
Judith M. Dworkin, Esq.
Sacks Tierney P.A. ~ Scottsdale, AZ
4:15
Jennifer H. Weddle, Esq.
Greenberg Traurig, LLP ~ Denver, CO
Cases on specific economic issues: Tort claims by and against
non-members; state and local BIA leasehold taxation issues;
enforcement of state usury laws; compliance with state alcoholic
beverage laws and gaming regulation; deductibility of Tribal taxes
The Interplay Between Tribal Sovereignty and
Environmental Protection Regulations
Taxes as a Revenue Source and Business Expense
for Tribes
Structuring Tribal enterprises to minimize state and local taxes
Joe Lennihan, Esq.
Joe Lennihan, Attorney at Law ~ Santa Fe, NM
5:00
Continue the Exchange of Ideas: Reception for Faculty
and Attendees
Sponsored by Johnson Barnhouse & Keegan LLP and Sutin,
Thayer & Browne APC
About the Conference
Presents
Live Seminars
Sometimes you just
have to be in the same roomtm
TeleBriefings
One hour expert
analyses by phonetm
Tel: 206-567-4490
www.lawseminars.com
One of the greatest challenges in Indian Country is the development of sustainable economies that preserve
traditional cultures and offer job opportunities. There are limited resources for internal Tribal development,
which are also challenged by the dual, and sometimes conflicting, roles of a governing body and of a for-profit
company. Outside lending is often discouraged by the lack of legal infrastructure, an unfamiliar judicial
system and lack of security for repayment.
Our comprehensive conference is aimed at parties on all sides of transactions, including Tribal leaders, Tribal
attorneys, outside lenders, investors and contractors that do, or would like to do, business in Indian Country.
The conference will outline the basic factors involved with Tribal economic development and provide recent
updates in jurisdiction and sovereignty issues. It will examine recent federal legislation, regulations and case
law that impact economic development transactions, including leasing regulations, employment laws, natural
resources regulations and taxation regulations and case law.
Don’t miss the opportunity to get an update on legal and policy issues affecting economic development in
Indian Country. Also, get to know and explore the perspectives of Tribal leaders, agency officials, lenders and
investors doing business in Indian Country.
~ Program Co-Chairs: Karl E. Johnson, Esq., Johnson Barnhouse & Keegan LLP
and Christina S. West, Esq., Sutin, Thayer & Browne APC
Friday, April 17, 2015
8:30
Tribal Economic Development Conference
Tribal Land Use Planning, Regulation, and Management
12:00 Lunch (on your own)
Impact of the HEARTH Act on leasing Tribal lands for commercial activity: Types of leases covered; processes for Tribes
to develop and implement land use regulations; BOI vs. Tribal
approval of leases
1:15
Stephanie P. Kiger, Esq.
Attorney-Advisor, Office of the Solicitor, Southwest Region
U.S. Department of the Interior ~ Albuquerque, NM
Financing trends: Commercial lending; bonding; trends in rates
and terms; tax-exempt financing options for Tribes
Melissa Robertson, Esq., Vice President and General Counsel
Sovereign Finance LLC ~ Portland, OR
2:00
Special HEARTH Act provisions for wind and solar development
on Tribal lands
Thomas E. Luebben, Esq., Moderator
Law Offices of Thomas E. Luebben ~ Sandia Park, NM
Practical tips for taking advantage of the Act: Critical elements
of a successful regulatory structure for rights-of-way and lands
zoned for commercial use; establishing effective policies and
procedures for Tribal leasing programs
10:15
Break
10:30
Developing Tribal Employment Policies for Tribal
Enterprise Operations
Update on National Labor Relations Board (NLRB) issues including applicability of federal wage and hour requirements
Shenan Rae Atcitty, Esq.
Holland & Knight LLP ~ Washington, DC
Recent cases on the applicability of general employment laws
and other recent developments: Americans with Disabilities Act
(ADA); Family Medical Leave Act (FMLA), Occupational Health
and Safety Act (OSHA), Fair Labor Standards Act (FLSA)
Christopher A. Holland, Esq.
Sutin, Thayer & Browne APC ~ Albuquerque, NM
Tribal hiring preferences vs. discrimination: Overview of Equal
Employment Opportunity Commission (EEOC) jurisdiction,
EEOC v. Peabody Western Coal Co., policy, and agency practice;
tips for achieving Tribal job creation
Paul E. Frye, Esq.
Frye Law Firm, P.C. ~ Albuquerque, NM
Wrap Up Case Study: Oil and Gas Development on
Tribal Lands
Working through the financial, environmental, and business
relationship issues
Donald R. Pongrace, Esq.
Akin Gump Strauss Hauer & Feld LLP ~ Washington, DC
Karis N. Begaye, Esq., Attorney
Navajo Nation Department of Justice ~ Window Rock, AZ
Financing Commercial Enterprises in Indian Country
Christopher Clark Deschene, Esq.
Law Offices of Schaff & Clark-Deschene, LLC ~ Boulder, CO
Douglas C. MacCourt, Esq.
Ater Wynne LLP ~ Portland, OR
3:00
Evaluations and Adjourn
Upcoming Seminars:
Tribal Water in the Southwest
January 15-16, 2015
Scottsdale, AZ
Energy Exports in
the Northwest
February 5-6, 2015
Seattle, WA
Hydrology and the Law
February 11, 2015
Reno, NV
Air Quality Regulation
in the Midwest
February 26, 2015
Chicago, IL
Groundwater Regulation and
Management in California
March 2-3, 2015
Sacramento, CA
Cannabis on Indian Lands
March 20, 2015
Scottsdale, AZ
Clean Water and Stormwater
April 7-8, 2015
Seattle, WA
See more at www.lawseminars.com
Registration & Other Conference Information
To Register:
Call us at: 206-567-4490
Fax the registration form to us at:
206-567-5058
Email us at:
[email protected]
Online: www.lawseminars.com
Mail the registration form on the
front page.
Walk-ins are welcome, subject to space availability.
Registration is complete when
we receive payment or agree to
later payment.
Tuition: Regular tuition for in person or webcast attendance for this program is $895 with a group rate of $670
each for two or more registrants from
the same firm. For Tribal members
and other government employees, we
offer a special rate of $595. For students, people in their job for less than
a year, and public interest NGO’s,
our rate is $447.50. All rates include
admission to all seminar sessions,
food and beverages at breaks, and all
course materials. Make checks payable to Law Seminars International.
Financial aid is available to those who
qualify. Contact our office for more
information.
Substitution & Cancellation:
You may substitute another person at
any time. We will refund tuition, less
a $50 cancellation fee, if we receive
your cancellation by 5:00 p.m. on
Friday, April 10, 2015. After that time,
we will credit your tuition toward
attendance at another program or the
purchase of a Homestudy.
Seminar Location: The confer-
ence will be held at the Sandia Resort
& Casino at 30 Rainbow Road NE
in Albuquerque, NM 87113. Call the
hotel directly at (800) 526-9366 for
reservations at the special negotiated rate of $169 and mention that
you are attending a Law Seminars
International conference. Rooms are
on a first come, first served basis.
Continuing Education Credits:
Live credits: This program qualifies for 11.5 NM CLE credits. Upon
request, we will apply for, or help you
apply for, CLE credits in other states
and other types of credits.
If You Cannot Attend: Our complete Homestudy Course, consisting of
a DVD recording and the course materials, is available for $905. The course
materials alone are available for $100.
We will ship your Homestudy order
via UPS ground within two weeks
after the seminar or from the date we
receive payment.
Faculty: Tribal Economic Development Conference
Karl E. Johnson, Program
Co-Chair, managing partner at
Johnson Barnhouse & Keegan LLP,
focuses on Tribal economic development and governance, environmental protection, and Indian land
and water rights.
Christina S. West, Program
Co-Chair, Sutin, Thayer & Browne
APC, focuses on commercial litigation for businesses, Tribal entities
and governments, and represents clients in both Tribal and state courts
in civil litigation matters, including
some appeals.
Thomas E. Luebben, Moderator,
Law Offices of Thomas E. Luebben,
focuses on Federal Indian Law,
Native American rights, Native
American Tribal representation
and Environmental and Natural
Resources Law. He is also the
Director of Litigation for the Native
Lands Institute of Albuquerque,
NM.
Nancy J. Appleby, partner,
Appleby Law PLLC, is experienced
in real estate, project development
and financing on Indian lands. Her
practice, includes real estate and
commercial development, real property and mortgage law; leasing; construction and permanent lending.
Shenan R. Atcitty, partner in
the federal Indian Law Practice
Group at Holland & Knight LLP,
is a leader in the Native American
legal and lobbying practice and is
involved in congressional and federal representation for Indian Tribes
and Tribal organizations.
Karis N. Begaye is an Attorney
for the Navajo Nation Department
of Justice, who provides legal services to the three governmental branches of the Navajo Nation
Government.
Deana M. Bennett, Modrall
Sperling, practices in the Natural
Resources and Environment
Practice Group and focuses on natural resource development on public
and Tribal lands.
Albert Damon Jr., is Division
Director, Economic Development
for Navajo Nation, whose priorities
are to create new job growth, utilize growth centers to generate new
business opportunities, and focus
efforts for the near future on the
15TRIBLNM
industrial and tourism development
sectors.
Christopher Clark Deschene,
partner, Law Offices of Schaff &
Clark-Deschene, LLC, represents
Tribal business clients at all stages
of growth, including business startups, business structuring and contracts. Previously, he was a representive in the Arizona House of
Representatives.
Judith M. Dworkin, head of
Sacks Tierney P.A.’s Indian Law
and Tribal Relations Practice Group,
focuses on the representation of
economic development efforts by
Indian Tribes and is experienced in
Indian law issues.
James E. Fitting, Fitting Law,
focuses on business and commercial
law in Indian Country. Previously,
he was Assistant Attorney General
in charge of the Economic and
Community Development unit
at Navajo Nation Department of
Justice. He is also chairman of the
Board of Directors of the Isleta
Business Corporation.
Paul E. Frye, founder, Frye Law
Firm, P.C., concentrates on Native
American law, including litigation,
business development and representation, and government affairs. He
has litigated cases in state, federal
and Tribal court and has negotiated
significant tax-sharing agreements
and land exchange and consolidation agreements.
Brian Gunn, principal in Powers
Pyles Sutter & Verville PC’s Indian
Tribal Governments Group, is a
member of the Confederated Tribes
of the Colville Reservation, and
works on issues for Tribal clients in
the U.S. Congress and federal agencies. He specializes in the federal
budget and appropriations, natural
resources and public lands, taxation
and energy development.
Christopher A. Holland, Sutin,
Thayer & Browne APC, focuses
on employment law, civil litigation,
regulatory and administrative law,
education law and appeals and represents public entities and corporate
clients in state and federal administrative and court proceedings.
Stephanie P. Kiger, Attorney-
Advisor, U.S. Department of the
Interior, Office of the Solicitor,
Southwest Region, focuses on
Tribal realty matters, mineral development, and code review.
April 16 & 17, 2015
Albuquerque, New Mexico
Sandia Resort & Casino
30 Rainbow Road NE
(800) 526-9366
Joe Lennihan, Attorney at Law,
is the former Chief Counsel to the
New Mexico Taxation & Revenue
Department and is on the Editorial
Board of the Multistate Journal on
Taxation & Incentives.
Douglas C. MacCourt, partner,
Ater Wynne LLP is Chair of the
Indian Law Practice Group where
he represents Tribes, Tribal enterprises, local governments and private clients on energy development,
land use, natural resources, and
environmental issues.
Who Should Attend:
Attorneys, Tribal representatives,
industry executives and
governmental officials
You Will Learn About:
• Indian country economic
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Mitch Marken, Ph.D., Vice
President and Cultural Resources
Leader, Environmental Science
Associates, works with clients and
agencies to ensure cultural resource
management and regulatory compliance and is experienced in managing large-scale cultural resources
and environmental projects for a
variety of clients.
Donald R. Pongrace, partner,
Akin Gump Strauss Hauer & Feld
LLP, advises American Indian
Tribes on federal and state public policy issues and problems and
heads the firm’s American Indian
law and policy group.
Melissa Robertson, Vice
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President and General Counsel,
Sovereign Finance LLC, focuses on
Indian law with emphasis on project finance and commercial transactions in Indian country. She works
with Tribal governments and business enterprises on financings.
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Jennifer H. Weddle, share-
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holder, Greenberg Traurig, LLP,
and Co-Chair of the American
Indian Law Practice Group, focuses
on Tribal jurisdiction and natural
resources development on Tribal
lands.
Kelly K. Zunie, Cabinet
Secretary-Designate, New Mexico
Indian Affairs Department, is
the first female to head the New
Mexico state agency and is experienced in critical issues facing New
Mexico’s Native American population. Previously, she was a Business
Analyst for Rocky Mountain Power
in Utah.
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development from an
international perspective
Legislative update: Perspectives
of recent developments with
opportunities for Tribal
economic development
Judicial update on Tribal
sovereign immunity and scope
of Tribal jurisdiction
The interplay between Tribal
sovereignty and environmental
protection regulations
Tips for developing effective
Tribal structures for overseeing
Tribal enterprises and
regulating businesses operating
on Tribal lands
Taxes as a revenue source and
business expense for Tribes
Getting deals done: Case
study of common issues in a
construction contract
Tribal land use planning,
regulation, and management
Developing Tribal employment
policies for Tribal enterprise
operations
Financing commercial
enterprises in Indian country
Wrap up case study: Oil and gas
development on Tribal lands
To Register:
Mail
800 Fifth Ave., Suite 101
Seattle, WA 98104
Phone
(206) 567-4490
Fax
(206) 567-5058
Email
[email protected]
Online
www.lawseminars.com
©2014 Law Seminars International