Law Seminars International Presents: New Issues for Tribes in

Tribal Rights, Sovereignty and Economic Development in the Midwest
Update on legal, business and policy developments



September 11 & 12, 2014
Mystic Lake Casino Hotel in Prior Lake, MN
-or-
Anyplace you may be via webcast!

Webcast Info

Who Should Attend

Attorneys, Tribal representatives, industry executives and governmental officials

Why You Should Attend

Throughout Indian Country, there are significant legal issues impacting Tribal rights and sovereignty. As most of you are aware, Indian Country squeaked out a win for tribal sovereignty in the United States Supreme Court and you will hear details on the Bay Mills case that had us all so nervous. Further, this conference will offer in-depth looks at a number of other topics, including how current federal legislation, new case law and regulation can impact Tribal economic development. You will hear updates on taxes, labor relations, including some recent NLRB and EEOC matters, the environment, land use and energy development, as well as practical tips for getting projects off the ground between Tribes and non-Tribal contractors.

The conference will place significant focus on the Tribes' unique status of being exempt from state regulation, and legislation likely to impact Tribal economic development.

Don't miss this excellent update on today's legal, business and policy developments, along with practical strategies and tips to assist attorneys, Tribes, agency officials and consultants in navigating the changing Tribal economic landscape.

~ Sheila D. Corbine, Esq., Ho-Chunk Nation Department of Justice and Aaron J. Harkins, Esq., Faegre Baker Daniels LLP ~ Program Co-Chairs

What You Will Learn



Agenda

Thursday, September 11, 2014

8:00 am

Registration Opens

 
8:30 am

Introduction & Overview

Aaron J. Harkins, Esq., Program Co-Chair
Faegre Baker Daniels LLP / Minneapolis, MN

Sheila D. Corbine, Esq., Program Co-Chair
Ho-Chunk Nation Department of Justice / Black River Falls, WI

 
8:45 am

Major Recent Cases on Tribal Sovereignty

Michigan v. Bay Mills Indian Community: Can a state sue in federal court to enjoin a Tribe from violating Indian Gaming Regulatory Act (IGRA) for activities that take place outside of Indian lands?

Andrew Adams, Esq.
Hogen Adams PLLC / St. Paul, MN

Big Lagoon Rancheria v. California: After the 2009 Supreme Court decision in Carcieri v Salazar, to what extent do Tribes have, or lack, jurisdiction over lands put in trust by the Bureau of Indian Affairs after 1934?

Kenneth J. Pfaehler, Esq.
Dentons US LLP / Washington, DC

 
10:15 am

Break

 
10:30 am

Update on Other Key Tribal Issues in the Congress and the Courts

Federal legislative developments:

Brian Gunn, Esq.
Powers Pyles Sutter & Verville PC / Washington, DC

U.S. Supreme and lower court decisions affecting Tribal economic issues:

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

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Tax Issues for Tribal Economic Development Programs

Tax exempt financing and tribal economic development bonds: Tips for complying with IRS and Treasury Department guidance for allocating Tribal Economic Development Bonds

Kent E. Richey, Esq.
Faegre Baker Daniels LLP / Minneapolis, MN

Taxation of possessory interests on leased Indian land: Case study of North Dakota's taxation of non-Indian entities drilling for oil and gas and the implications for Tribes doing oil and gas or mineral transactions; other recent cases on the issue

Aaron J. Harkins, Esq., Program Co-Chair
Faegre Baker Daniels LLP / Minneapolis, MN

 
2:45 pm

Break

 
3:00 pm

Tribal vs. Federal Environmental Regulations: A Sovereignty Issue for Tribal Economic Development

Tribal authority under the Clean Water and Clean Air Acts to set water/air quality standards that apply within reservation boundaries; the impact that these standards may have on off-reservation discharges when Tribal lands are downstream or downwind

Joel F. Visser, Esq.
Sidley Austin LLP / Washington, DC

Cultural and environmental resource preservation: Case law trends from around the country; tips for Tribes desiring to more effectively participate in NEPA and state environmental review processes

Philip R. Mahowald, Esq., General Counsel
Prairie Island Indian Community / Welch, MN

Tribal environmental enforcement programs: Tips for developing environmental codes; trends in civil penalty structures and Tribal authority to impose criminal penalties

Mason D. Morisset, Esq.
Morisset Schlosser Jozwiak & Somerville / Seattle, WA

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Faegre Baker Daniels LLP and Ho-Chunk Nation Department of Justice

 

Friday, September 12, 2014

8:30 am

Special Address: Tax Incentives for Tribal Energy Projects

Susan L. Allen, Esq., Attorney
The Jacobson Law Group / Saint Paul, MN

 
9:15 am

Tribal Participation in Carbon-Free Renewables Projects in the Midwest

Case study of the commercial terms for the Lakefield Wind project:

Pilar Thomas, Deputy Director for Policy, Office of Indian Energy Policy and Programs
U.S. Department of Energy / Washington, DC

 
9:45 am

Commercial Development in Indian Country: Tips for Contractors and Tribes Managing Contractors

Update on recent cases involving conflicts between Tribes and contractors and tips for structuring the relationship to minimize the sources of conflict

Stephen R. Ward, Esq.
Conner & Winters LLP / Tulsa, OK

 
10:30 am

Break

 
10:45 am

Tribal Enterprise Operations: Update on National Labor Relations Board (NLRB) Issues

NLRB jurisdiction: Case study of the Saginaw Chippewa Indian Tribe of Michigan's appeal of an NLRB finding that it has jurisdiction over casino operations because the Tribe competes in interstate commerce with mostly non-Indian employees and customers

Dale L. Deitchler, Esq.
Littler Mendelson PC / Minneapolis, MN

Other new developments in NLRB policy and enforcement; tips for structuring Tribal operations to minimize enforcement and compliance problems

Sean J. Reed, Esq., General Counsel
Saginaw Chippewa Indian Tribe / Mt. Pleasant , MI

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Indian Tribes & the Alphabet Soup of General Employment Laws

Americans with Disabilities Act (ADA); Family Medical Leave Act (FMLA), Occupational Health and Safety Act (OSHA), Fair Labor Standards Act (FLSA): New developments and issues that affect Tribal operations

Richard G. McGee, Esq.
Law Office of Richard G. McGee, LLC / Plymouth, MN

 
2:15 pm

Indian Tribes & Discrimination Issues: Tips for Developing Tribal Laws and Policies Including the Structuring of Indian-Hire Preference Requirements for Non-Tribal Entities

Overview of Equal Employment Opportunity Commission (EEOC) jurisdiction, policy, and agency practice; reconciling Tribal hiring preferences vs. discrimination

Michael P. Murphy, Esq., Tribal Legislative Counsel
Ho-Chunk Nation Legislature / Blk River Fls, WI

 
3:00 pm

Evaluations and Adjourn

 


If You Cannot Attend

Order Homestudy

Tuition

Regular tuition for attendance or live webcast is $895 with a group rate of $670 each for two or more registrants from the same firm. For Tribal 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.

Continuing Education Credits

Live credits: This program qualifies for 11.75 MN CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.



Location

The conference will be held at the Mystic Lake Casino Hotel at 2400 Mystic Lake Boulevard in Prior Lake, MN 55372. Call the hotel directly at (800) 813-7349 for reservations at the special negotiated rate of $109 and mention that you are attending a Law Seminars International conference. Rooms are on a first come, first served basis.
More about the Location
Map & Directions

Cancellation & Substitution

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 Thursday, September 4, 2014. After that time, we will credit your tuition toward attendance at another program or the purchase of a Homestudy.



Faculty Bios

Sheila D. Corbine, Attorney General of Ho-Chunk Nation Department of Justice. She provides legal services to the Nation and coordinates the activities of the other Divisions of the Department. She handles a wide range of matters including gaming and land issues, litigation, CFS and CTF/ITF cases.

Aaron J. Harkins, Program Co-Chair, partner at Faegre Baker Daniels LLP on the Indian Tribes team and Finance & Restructuring practice group, represents Tribes and financial institutions in connection with bond offerings, bank loans and other financing transactions. He also represents clients in Tribal, state and federal gaming laws.
Full bio and contact info for Aaron J. Harkins at Faegre Baker Daniels LLP

Susan L. Allen, attorney at The Jacobson Law Group, practices transactional work, and has handled numerous business and corporation matters for tribes, including structuring and negotiation of mergers, acquisitions, dispositions, management transactions, construction agreements, business formation, economic development, tax planning, and many other business matters. In addition to practicing law, she was elected to the Minnesota House of Representatives in 2012.
Full bio and contact info for Susan L. Allen at The Jacobson Law Group

Andrew Adams III, partner, Hogen Adams PLLC, and a citizen of the Muscogee (Creek) Nation and member of the Tallahassee Wvkokaye Ceremonial Grounds is experienced in the areas of federal Indian and Tribal constitutional law, governance, gaming law, complex financial transactions, tax issues related to Tribal governments and individual Tribal members, business law, employment law, treaty hunting, fishing, and gathering law, and government relations.
Full bio and contact info for Andrew Adams at Hogen Adams PLLC

Nancy J. Appleby, partner, Appleby Law PLLC, is a nationally recognized expert 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 for commercial and residential projects; and commercial litigation, both within and outside of Tribal lands.
Full bio and contact info for Nancy J. Appleby at Appleby Law PLLC

Dale L. Deitchler, shareholder at Littler Mendelson P.C., represents management in labor law, labor relations and standards, including: negotiations, arbitrations and unfair labor practice proceedings before the National Labor Relations Board.
Full bio and contact info for Dale L. Deitchler at Littler Mendelson PC

Brian Gunn is a principal in Powers' Indian Tribal Governments Group, a member of the Confederated Tribes of the Colville Reservation, He works on a wide variety of issues for tribal clients in the U.S. Congress and federal agencies, and specializes in matters relating to the federal budget and appropriations, natural resources and public lands, taxation and energy development.

Philip R. Mahowald, General Counsel at Prairie Island Indian Community, represents the Community in various tribal, state and federal proceedings, including proceedings before the Nuclear Regulatory Commission and Atomic Safety and Licensing Board.

Richard G. McGee, Law Office of Richard G. McGee, LLC. He focuses on tribal employment, gaming regulation, and litigation, and represents parties in numerous tribal, state, and federal courts. He works with tribal governments and enterprises, and is also called upon to serve as hearing officer and investigator of employment-related matters.

Mason D. Morisset, Director, Morisset, Schlosser, Jozwiak & Somerville, is responsible for Indian treaty and water rights litigation including successful arguments before the U.S. Supreme Court, the Washington and California Supreme Courts and the FERC.

Michael Murphy, Legislative Counsel for the Ho-Chunk Nation, represents the Nation in tribal, state and federal proceedings, including employment and discrimination cases. He is lead counsel to the Nation's Legislature and assists with tribal legislation, tribal Constitutional law, and policy drafting. He is experienced in gaming law, land issues, litigation, and working with management on HR issues.

Kenneth J. Pfaehler, partner, Dentons US LLP, is an experienced litigator in federal and state appellate and trial courts across the country. In the Big Lagoon Rancheria appeal he is counsel for amici curiae the National Congress of American Indians, the United South and Eastern Tribes, Inc. and the Navajo Nation. He handles an array of complex litigation matters, including a variety of cases for tribal clients and corporate, securities, credit default and class action litigation.

Sean J. Reed is General Counsel of the Saginaw Chippewa Indian Tribe.

Kent E. Richey, partner at Faegre Baker Daniels LLP, focuses on Indian Country business and finance, representing clients, including banks, investment banks, broker-dealers, insurance companies, credit enhancers, equipment vendors, casino developers, consultants, managers and Indian Tribes.
Full bio and contact info for Kent E. Richey at Faegre Baker Daniels LLP

Pilar Thomas, (Pascua Yaqui), is the Deputy Director in the Office of Indian Energy Policy and Programs, U.S. Dept. of Energy. She assists the Director in developing national energy policies and programs relating to Indian energy development. She is also responsible for developing and implementing policy efforts within the Department and federal government to achieve the Office's Indian Energy policy objectives

Joel F. Visser, associate, Sidley Austin, LLP Washington, DC, environmental practice group. He counsels clients on regulatory and litigation matters relating to the Clean Air Act, Clean Water Act, Superfund, and other federal and state environmental laws.
Full bio and contact info for Joel F. Visser at Sidley Austin LLP

Stephen R. Ward, partner and leader of the Indian law practice at Conner & Winters LLP, focuses on American Indian/Native American law, Indian country business transactions, Tribal law, environmental law and natural resources/energy law. He is General Counsel for the Quapaw Tribe of Oklahoma (O-Gah- Pah) and Tribal Attorney for the Sac & Fox Nation.