Law Seminars International Presents: A Two-Day Comprehensive Conference on Major

Tribal Construction Projects
Legal issues and successful management strategies

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

March 10 & 11, 2011
Indian Pueblo Cultural Center in Albuquerque, NM

Who Should Order This Homestudy

Attorneys, tribal representatives, industry executives, governmental officials, tribal housing authority personnel, contractors and consultants

Why You Should Order

Tribal construction and infrastructure project development face their own unique set of issues. This two-day seminar addresses topics that are fundamental and cutting edge.

We have drawn speakers from around the country with expertise in tribal infrastructure and construction issues to provide valuable information on funding and financing issues; best project delivery methods; management tips for federal projects; tips for getting qualified as contractors; liability and risk issues, structuring business relationships; NEPA review for non-tribal projects on tribal lands, and contracting drafting tips for effective supervision and dispute resolution. This program is an exceptional educational and networking opportunity and should not be missed.

~ Karen J. Atkinson, Esq. and Catherine Baker Stetson, Esq., Program Co-Chairs

What You Will Learn


Thursday, March 10, 2011

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction and Overview

Karen J. Atkinson, Esq., President, Program Co-Chair
Tribal Strategies, Inc. / Alexandria, VA

Catherine Baker Stetson, Esq., Program Co-Chair
Stetson Law Offices, P.C. / Albuquerque, NM

8:45 am

Update on Federal Tribal Construction Programs

BIA School Construction: Planning and budget issues

Margie Morin, Assistant Deputy Director
Bureau of Indian Affairs / Reston, VA

USDA Rural Development Programs

Terry Brunner, New Mexico State Director
U.S. Department of Agriculture / Albuquerque, NM

HUD's Indian Housing programs

Marlin Knight, Native American Program Specialist
U.S. Department of Housing & Urban Development / Phoenix, AZ

10:15 am


10:30 am

Financing: How to Access the Credit Markets for Major Tribal Projects

Financing Options: Tribal Economic Development bonds; factors utilized to derive credit ratings for Native American financings, including legal structures; general checklist of due diligence items for underwriters/lenders

Allyson G. Saunders, Esq.
Holland & Knight LLP / Los Angeles, CA

Frank King, Partner
Stuyvesant Square Advisors, Inc. / Tampa, FL

11:30 am

Liability and Financial Risk Management Issues

What are the limits on sovereign immunity for tribes? What do you need in your contracts? How can you do limited waivers of sovereign immunity to obtain bonding?

Nancy J. Appleby, Esq.
Appleby Law PLLC / Alexandria, VA

12:15 pm

Lunch (on your own)

1:30 pm

Determining the Appropriate Project Delivery Method and Drafting Contract Documents

How to determine the best project approach and the appropriate procurement method; determining the proper documents; how to select or draft the right bid and contract documents; how to adapt to unique issues in indian country

Timothy J. Humphrey, Sr., Esq., Moderator
Stetson Law Offices, P.C. / Albuquerque, NM

Isaac Perez, Executive Director
San Felipe Pueblo Housing / San Felipe Pueblo, NM

2:45 pm


3:00 pm

Management Tips for Federal Tribal Construction Projects

Keys to successful project management

Emerson Eskeets, Deputy Director
Bureau of Indian Affairs, DOI / Albuquerque, NM

Ken Royse, P.E., Director
Bartlett & West / Bismarck, ND

W. Gregory Guedel, Esq.
Foster Pepper PLLC / Seattle, WA

4:30 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Stetson Law Offices, P.C. and Flintco, LLC


Friday, March 11, 2011

8:00 am

Continental Breakfast

8:30 am

Tribes as Contractors: Tips for Getting Qualified

What you need to do to meet the requirements for getting bonding; special considerations for participation in federal projects as a contractor

Kent E. Paul, ARM,AU,AM, CEO
Amerind Risk Management / Santa Ana, NM

Theodore Pedro, Executive Director
American Indian Chamber of Commerce of New Mexico / Albuquerque, NM

Thomas W. Olmstead, Principal
The Olmstead Company LLC / Sante Fe, NM

10:30 am


10:45 am

Tips for Structuring Business Relationships in Indian Country: Keys to a Successful Transaction

Tax and other considerations for ownership and operation of assets in Indian country; tips for negotiating with tribes and tribal enterprises; maximizing investment opportunities; common sticking points and solutions

Sara Van Norman, Esq.
Jacobson Buffalo Magnuson Anderson & Hogen PC / Saint Paul, MN

11:30 am

Tribal Employment Rights Office (TERO); Compliance Programs and Requirements

How does the Indian preference requirement operate when tribes or others who use their program issue a construction bid?

Vincent Maria, Executive Director, Department of Labor
Jicarilla Apache Nation / Dulce, NM

12:15 pm

Lunch (on your own)

1:30 pm

Addressing the Potential for NEPA Review for Projects Resulting in Non-Tribal Facilities on Tribal Lands

Triggers for NEPA review on tribal lands: Legal triggers for NEPA in the tribal context; what is the process and the tribe's role? In what areas should tribes be particularly proactive?

Peter W. Culp, Esq.
Squire Sanders & Dempsey L.L.P. / Phoenix, AZ

2:15 pm

Effective Supervision and Dispute Resolution

Effective drafting tips; terms relating to project inspection and monitoring for resolving construction claims and disputes more effectively

William Francis Stephens, Esq.
Sonsoky Chambers Sachse / Washington, DC

3:00 pm

Evaluations and Adjourn



Regular tuition for in person or webcast attendance for this program is $995 with a group rate of $845 each for two or more registrants from the same firm. For government employees, we offer a special rate of $695. For students and people in their job for less than a year, our rate is $497.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.


There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

This program qualifies for 11 NM CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Faculty Bios

Karen J. Atkinson, Program Co-Chair, is President of Tribal Strategies, Inc., a Washington, D.C. consulting firm focusing on economic development and small business issues. Previously, she was Executive Director of the Native American Contractors Association and Senior Counsel to the Senate Indian Affairs Committee.

Catherine Baker Stetson, Program Co-Chair, owner, Stetson Law Offices, P.C., focuses on tribal housing, on- and off-reservation commercial transactions, economic development, tribal corporations, and gaming.
Full bio and contact info for Catherine Baker Stetson at Stetson Law Offices, P.C.

Timothy J. Humphrey, Sr., Moderator, senior attorney at Stetson Law Offices, represents tribes, tribal businesses and enterprises, and Tribally Designated Housing Entities on matters including, but not limited to tribal housing programs, tribal environmental issues, construction, alternative energy and economic development, tribal business associations, employment matters, and contracting with Indian tribes.
Full bio and contact info for Timothy J. Humphrey Sr. at Stetson Law Offices, P.C.

Nancy J. Appleby, managing member of Appleby Law PLLC, focusing in real estate and project development on tribal land, has experience in commercial real estate, lending, Indian law and the Indian Financing Act, and has strong relationships and credibility with tribal counsel and with counsel and staff at the Department of Interior.
Full bio and contact info for Nancy J. Appleby at Appleby Law PLLC

Terry Brunner, New Mexico State Director, U.S. Department of Agriculture, manages housing, business, and community infrastructure and community facility programs designed to improve the economic stability of rural communities and oversees grant, loan and loan guarantee portfolios.

Peter W. Culp, partner, Squire Sanders & Dempsey L.L.P., practices in the environmental, water and natural resources, and federal Indian law areas and represents clients interacting with tribal entities or doing business on tribal lands.

Emerson Eskeets, Deputy Director, Bureau of Indian Affairs, Office of Facilities Management and Construction, DOI, is responsible for management of the day-to-day operations of education, detention and housing construction projects as well as operations and maintenance across Indian Country.

W. Gregory Guedel, member and chair of Foster Pepper LLC's Native American Legal Services Group, focuses on complex construction, government contracting and business law. His litigation work includes all aspects of pre-trial, trial, and appellate case management in state, federal, and tribal courts.
Full bio and contact info for W. Gregory Guedel at Foster Pepper PLLC

Frank King, is Partner. Stuyvesant Square Advisors, Inc., an independent investment banking and advisory firm dedicated to assisting tribal and corporate entities with their financing and business development needs.

Marlin Knight, Native American Program Specialist for the U.S. Department of Housing and Urban Development Southwest Office of Native American Programs, provides training to tribes and Tribally Designated Housing Entitie's throughout the Southwest Region.

Vincent Maria is the Executive Director of the Jicarilla Apache Nation Department of Labor. He has experience with the Department of Labor and in the Oil & Gas Compliance and (TERO) Tribal Employment Rights Office.

Margie Morin, Assistant Deputy Director, Bureau of Indian Affairs, Office of Facilities Management and Construction, prepares and executes capital asset plans for multi-million dollar construction projects and develops and implements strategic plans for the Bureauís construction program.

Thomas W. Olmstead, Principal, The Olmstead Company LLC, provides professional services to government organizations and private companies, including contracting, design-build, international operations, proposal development, business development, long range facility development, facility assessment, and program/project management.

Kent E. Paul, ARM, AU, AM, CEO of Amerind Risk Management, is in the insurance and risk management industry. He develops creative solutions for complex insurance and risk management problems.

Theodore M. Pedro, Executive Director for the American Indian Chamber of Commerce of New Mexico and the Project Director for the New Mexico Native American Business Enterprise Center, has experience in economic, business and community development.

Isaac Perez, Executive Director, San Felipe Pueblo Housing Authority (SFPHA), specializes in general management, budgeting, grant writing, development/modernization, mortgage loans and strategic planning. He oversees a construction management program for the Pueblo of San Felipe.

Ken Royse, P.E., is Director of Bartlett & West, a multi-discipline and full service engineering firm. He oversees water development projects, assisting tribes with regulatory and governmental programs, including water permitting, codes, rights and funding soliciation for projects.

Allyson G. Saunders, partner in the Indian law practice group at Holland & Knight LLP, has experience in the area of Tribal economic development and financing. Her experience includes all aspects of economic development on Indian lands, drafting and negotiating construction contracts and construction-related agreements as well as loan agreements, offering memoranda and all forms of financing-related agreements.
Full bio and contact info for Allyson G. Saunders at Holland & Knight LLP

William F. Stephens, attorney at Sonsoky Chambers Sachse works in all areas of the firm's practice.

Sara K. Van Norman, an attorney with Jacobson Buffalo Magnuson Anderson & Hogen PC, represents clients in public and private projects including tribes, tribal entities, and other businesses in issues involving tribal gaming, tribal finance, reservation boundaries, Indian Country environmental regulation, Indian land rights-of-way, tribal jurisdiction and treaty rights.

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