Navajo Nation Seeks Proposals to Assist with Claims for Unpaid Contract Support Costs

Matthew L.M. Fletcher

Here:

The Navajo Nation Department of Justice seeks outside counsel assistance in pursuing the Navajo Nation’s claims for unpaid contract support costs from P.L. 93-638 contracts entered into with the Indian Health Service (IHS).  This would include developing claims for unpaid contract support costs, entering into settlement negotiations with IHS and, if necessary, making recommendations to the Attorney General for litigation of those claims if a negotiated settlement cannot be reached.  Qualifications include experience in and knowledge of Federal Indian law, especially the Indian Self-Determination and Education Assistance Act (ISDEAA), P.L. 93-638, as amended, and experience filing claims for payment of contract support costs pursuant to the ISDEAA. 

Proposals must be received by email by the Navajo Nation Department of Justice by no later than 5:00 PM MT on September 16, 2016.  NO LATE PROPOSALS WILL BE ACCEPTED.

2016-08-29 – IHS CSC Counsel_Final RFP

Navajo Nation DOJ Seeks Proposals to Assist with Passage of Navajo Utah Water Rights Settlement Agreement

Matthew L.M. Fletcher

Here:

Legislative and Lobbying Legal Services to assist with the introduction and passage of legislation to implement the Navajo Utah Water Rights Settlement Agreement (NUWRSA) approved by the Navajo Nation Council in January 2016.  The NUWRSA provides for the quantification of the water rights of the Navajo Nation in the Upper Colorado River Basin in Utah in the amount of 81,500 acre-feet of depletion per year.  The effectiveness of the settlement is contingent on securing U.S. Congressional approval of the settlement and the authorization of approximately $210 million for future water development in the State of Utah.  Selected Respondent will provide services to secure favorable approval of the NUWRSA by Congress and by the Utah Legislature.  Selected Respondent will report directly to the Attorney General or her designee and will also be expected to work with the elected officials of the Navajo Nation and their offices.

The Navajo Nation Department of Justice will be accepting proposals for this service postmarked by 5:00 PM MT on Monday, September 5, 2016.  NO LATE PROPOSALS WILL BE ACCEPTED.

2016.8.29 – UWRSA Leg Lobbying Legal Svcs_Final RFP

News Profile of LTBB Reservation Litigation

Matthew L.M. Fletcher

Here is “Long lawsuit ahead regarding tribal reservation: Federal judge orders two phases to tribal lawsuit, first phase could go to 2018.”

Court docs here.

National Indian Law Library Bulletin (8/26/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/26/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Jamul Action Committee v. Chaudhuri (Indian Gaming Regulatory Act – NEPA Review)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Enable Oklahoma Intrastate Transmission, LLC v. A 25 Foot Wide Easement (Tribal Sovereign Immunity; Easements)
Gingras  v. Rosette (Payday Loans)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature 41 articles this week. A few of the articles in the Environment & Energy, Intergovernmental, and Land & Water sections are about the Dakota Access oil pipeline project; we also feature an article about a food sovereignty project in the Health & Welfare section of the News Bulletin.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Our corrosive oceans: exploring regulatory responses and a possible role for tribes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
One of the items featured is an announcement from the U.S. Sentencing Commission about establishing a tribal advisory group.

Bismarck Tribune Article on Lack of Written Easement From Corps for Dakota Access Pipeline

Kate Fort1 Comment

Here.

While hundreds are settling in for the long haul at an encampment to protest the Dakota Access Pipeline, the U.S. Army Corps of Engineers confirmed Thursday that the pipeline developer, Energy Transfer Partners, does not yet have a written easement to build the pipeline on corps property.

Corps spokesman Larry Janis said the easement is still under review, though the agency did issue Section 408 permission in late July that allows the easement to be written.

“They can’t build the project by accessing corps property from west to east across Lake Oahe,” Janis said of any current construction.

***

The realization that the company still does not have an actual easement surfaced Wednesday in a federal district court in Washington, D.C., where the Sioux tribe’s request for an injunction to stop the pipeline pending its suit against the corps was heard. The court judge said he wants more time to study whether the corps failed to follow the National Historic Preservation Act and other federal laws in its environmental review of the project. The judge said he will rule on the injunction Sept. 9.

Documents in the hearing discussed in the article are here.

 

Tenth Circuit Reverses Indian Country Criminal Conviction

Matthew L.M. Fletcher

Here is the opinion in United States v. Wolfname.

NITA Special Session for CA Tribes on Cigarette Taxation and Enforcement

Image Sarah M Donnelly

California Tribes Special Session

Sonosky, Chambers Seeks 2017 Summer Associates

Sarah M Donnelly

Sonosky, Chambers, Sachse, Endreson, & Perry LLP is a national law firm dedicated to representing Native American interests in a wide range of endeavors including trial and appellate litigation, federal Indian law, tribal law, Indian self-determination and self-governance matters, transportation and infrastructure, natural resources, and economic development, among others. The firm’s practice includes representation of tribal interests in federal, tribal and state courts, and before Congress, state legislatures, and federal and state agencies.

We are currently recruiting 2L students for 2017 summer associate positions. If you are interested in applying, please send the following to Will Stephens, Partner at wstephens@sonosky.com (please also copy kwray@sonosky.com):

  • Cover letter
  • Resume
  • Transcript
  • Writing sample (relevant to our practice area is preferred, but not necessary)

Interested applicants should send information no later than August 31, 2016. Thank you for your interest.

Anishinabe Legal Services Seeks Fellow, Staff Attorney

Sarah M Donnelly

Fellowship

Attention 2017 law school graduates: ALS wants to host a fellow! ALS proposes fellowship projects concentrating on services to a Native American population in Rural Minnesota and primarily with Elders in Elder Abuse related matters and expanding tribal court jurisdiction. The Equal Justice Works RFP application is open until Sept. 16th.

If you are a current 3L, have an interest in Native American and Elder Law, and would like more information about our organization, please contact Chari at 1-800-422-1335 or by email: claduke-clark@alslegal.org.

Staff Attorney

ALS is looking for a well-qualified and highly motivated Staff Attorney to provide direct legal services for clients before administrative agencies and Tribal Courts throughout the Anishinabe Reservations in North Central Minnesota. The staff attorney will be responsible to provide direct legal services to individuals specifically with their disability benefits including obtaining federal disability benefits through the reconsideration and appeals processes, but also handling overpayments and cessation cases, as well as other legal matters related to consumer law, school law, and tribal law.

This attorney is expected to be licensed to practice in the State of Minnesota by anticipated start date of position; this attorney is also expected to be licensed or willing to immediately become licensed before the local Tribal Courts. Salary is D.O.E. and benefits include individual and family health insurance, dental insurance, paid holidays, paid time off and life insurance.

TO APPLY: Please send a cover letter and resume, along with writing sample and three (3) references to ALS Administrative Director, Chari LaDuke-Clark, Anishinabe Legal Services, PO Box 157, Cass Lake, MN 56633 or email required application materials to claduke-clark@alslegal.org. Applications preferred by Sept. 19th but will be accepted until the position is filled.

Center for Indian Country Development: Early Childhood Development Programs in Indian Country

Kate Fort

Here.

Please join the Center for Indian Country Development (CICD) on October 5 and 6, for rich discussions highlighting scientific research and successful early child development programs in Indian country. We also will share strategies to elevate early childhood development as a policy priority in Indian country and sustain funding.

To broaden perspectives and promote collaboration, the CICD encourages attendance of small teams from American Indian and Alaska Native communities consisting of leaders of early childhood development programs and tribal government representatives, tribal leaders, or elders. Also attending will be non-profit organizations and government agencies that manage funding and technical assistance for early childhood development initiatives in Indian country.

Speakers and panelists include:

  • Brooke Ammann, Waadookodaading Ojibwe Language Immersion School
  • Kathleen Annette, Blandin Foundation
  • Josie Chase, Oglala Lakota College
  • Terry Cross, National Indian Child Welfare Association
  • Jackie Dionne, Minnesota Department of Health
  • Barb Fabre, White Earth Band of Chippewa
  • Anita Fineday, Casey Family Programs – Indian Child Welfare Program
  • Michael Goze, American Indian Community Development Corporation
  • Megan Gunnar, University of Minnesota
  • Matthew Rama, Thunder Valley CDC – Lakota Immersion Childcare
  • Art Rolnick, University of Minnesota
  • Betty Jane Schaaf, Wicoie Nandagikendan Early Childhood Urban Immersion Program
  • Linda Smith, U.S. Department of Health and Human Services
  • Anton Treuer, Bemidji State University
  • Lori Watso, Shakopee Mdewakanton Sioux Community
  • Tarajean Yazzie-Mintz, American Indian College Fund
  • Maria Yellow Horse Brave Heart, University of New Mexico (invited)

In addition, the conference includes sessions to facilitate networking and idea sharing through roundtable discussions.

There is no charge for this “invitation only” event; conference registration is required. Please register early as space is limited.