Indian Law

Indian Law - Lands Transactions and Disputes

Modrall Sperling's Indian law lawyers provide nation-wide counseling, litigation and dispute resolution services to clients doing business in Indian country and governments addressing the challenge of jurisdictional uncertainties.

Doing Business On or Near Indian Lands

Doing business on or near Indian lands presents unique issues and challenges. Our Indian law attorneys help clients structure transactions, negotiate effectively and craft agreements that maximize the predictability and enforceability that can be elusive in Indian lands transactions. We advise clients regarding the scope and extent of state, federal, and tribal jurisdiction to tax, regulate or resolve disputes, and are experienced in drafting agreements to maximize enforceability in light of the federal Indian law doctrines of tribal sovereign immunity and exhaustion of tribal remedies.

Our Indian law practice encompasses many different areas, including:

• Business planning and finance;
• Environmental planning and compliance, including air quality, solid and hazardous waste management;
• Business leasing, contracting, and facility siting;
• Management of natural resource development operations, including permitting and reclamation issues;
• Right-of-way and access;
• Royalty compliance;
• Water rights;
• Employment law and tribal employment rights ordinances;
• National Environmental Policy Act issues; and
• Cultural resource management compliance.

Examples of Creative Problem-solving

While the details of every problem differ, particularly in Indian country, and past success is not an indication of future success, some examples of creative problem-solving by our Indian law attorneys include:

• Portland General Electric's license to operate a hydroelectric plant straddling the boundary of the Warm Springs Reservation in Oregon was slated to expire in several years. The Confederated Tribes of Warm Springs challenged re-issuance of the license to PGE and urged the Federal Energy Regulatory Commission to issue the license to the Tribes. On PGE's behalf, Modrall Sperling was able to address federal Indian law and trust responsibility issues with federal agencies and the Tribes, and then assisted PGE to negotiate and document a ground-breaking cooperative agreement with the Tribes for future joint operation of the facility. Contact Lynn Slade for more information.
  

• Faced with an upcoming reduction in force at its phosphorous manufacturing plant on the Fort Hall Reservation in Idaho, Astaris, LLC needed to deal with a tribal employment rights ordinance (TERO) that required a preference for local Indians and a collective bargaining agreement that required a seniority preference. Modrall Sperling attorneys helped Astaris partner with the Union to bring a lawsuit in federal district court raising whether the TERO applied in light of the National Labor Relations Act. The presence of all stakeholders in the federal forum provided impetus for a global settlement that kept the plant operating. Contact Bill Scott for more information.

Our Involvement in Definitive Federal Indian law Disputes

As reflected by the Firm's list of Representative Indian Law Cases & Clients, Modrall Sperling has also been involved in some of the central federal Indian law disputes defining the extent of tribal, state, and federal jurisdiction on Indian lands. Modrall Sperling Indian law lawyers have recently been involved in the following cases:

• El Paso Natural Gas Co. v. Neztsosie, 526 U.S. 473 (1999). Representing El Paso Natural Gas Company, Modrall Sperling attorneys participated in the briefing that led to the Supreme Court's ruling that federal courts, rather than tribal courts, should initially decide which court has jurisdiction over claims arising from nuclear incidents. Contact Lynn Slade or Walter Stern for more information.
  
  
• Strate v. A-1 Contractors, Inc., 520 U.S. 438 (1997), and Burlington Northern Santa Fe Corp. v. Red Wolf, 196 F.3d 1059 (9^th Cir. 2000). Representing the Burlington Northern Santa Fe Corporation as tribal court counsel on appeal in Red Wolf and as amicus curiae in Strate, Modrall Sperling attorneys were instrumental in decisions defining the jurisdiction of tribal courts over non-members on rights-of-way within a reservation. Contact Walter Stern or Lynn Slade for more information.

Participation in Indian Law Organizations

Our lawyers also participate actively in state and national Indian law organizations, speak and write frequently on Indian law subjects, and have taught Indian law at the University of New Mexico School of law.

Our Indian law lawyers have been involved at all levels of the federal and state courts (including the United States Supreme Court) and also represent businesses in tribal courts. In addition to Modrall Sperling's pro hac vice representation in various tribal courts, Brian Nichols and Barbara Lucero are licensed members of the Navajo Nation Bar Association (*Ms. Lucero is licensed in the Navajo Nation only).

Lynn Slade and Walter Stern are co-chairs of Modrall Sperling's Indian law practice; our other lawyers/professionals practicing in this area are:

Indian Law Lawyers

• Stuart Butzier
• Timothy De Young
• Earl DeBrine
• Joan Drake
• Stan Harris
• Marte Lightstone
• Barbara Lucero
• Joan Marsan
• Margaret Meister
• William Scott
• Lynn Slade
• Walter Stern
• Samuel Winder

Indian Law Articles

• » FLSA Applies to Business Located on Tribal Land (2007/10/01)
• » Jane Doe v. Santa Clara Pueblo: Lessons From an Indian Gaming Case for Business Transactions with Indian Tribes and Pueblos (2007/04/20)
• » Environmental Permitting, Tribal TAS Status Under Federal Environmental Laws and Impacts on Mineral Development (2007/01/08)
• » Labor and Employment Issues in Indian Country: A Non-Indian Business Perspective (2006/12/28)
• » “Sue or Be Sued" Clauses: Limitations on the Enforceability of Consents to Suit by Tribal Corporations (2005/02/09)
• » National Labor Relations Board Holds That NLRA Applies to Tribal Employers on Indian Lands (2004/12/06)
• » The Impact of Atkinson on “Treatment as States” Jurisdictional Determinations (2002/10/22)
• » United States Supreme Court Holds Tribal Courts Are Not Courts of (2001/06/27)
• » Federal Court Invalidates Federal and Indian Gas Leasing Rule (2000/04/02)
• » Tenth Circuit Addresses "Indian Country" (2000/02/04)
• » Environmental Regulation on Indian Lands (1999/11/03)
• » Court Of Appeals Holds That Lessee Of Mining Claims Developed Water Rights As Agent For The Lessor (1999/11/03)
• » The Federal Trust Responsibility (1999/05/20)
• » Natural Resources In and Around Indian Country (1998/03/06)
• » Alternative Disputes Resolution in Inter-Jurisdictional Disputes: An Industry Perspective (1997/11/13)
• » Puzzling Powers: Tribal/Federal/State Jurisdiction in Indian Country (1996/07/18)
• » Exhaustion Of Tribal Remedies: Jurisdiction, Geography, And The Interests Of The Litigants (1995/10/19)