Our Practice Areas
Federal Indian Law
We represent Tribes and tribal members in all areas of federal Indian law ranging from fee-to-trust acquisitions to Tribal ordinances to water rights. We also are available to facilitate Tribal participation in the management of off-reservation natural resources.
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Most of BIA’s decisions affecting Tribes or Tribal members are subject to the administrative appeal processes set forth in 25 CFR Part 2 and 43 CFR Part 4. We bring appeals on behalf of our clients or intervene as interested parties in cases where our clients are not parties.
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We can help our Tribal clients identify opportunities for collaborative or cooperative arrangements with Interior bureaus and offices to manage, preserve, and protect Federal lands and waters. Our services include drafting or reviewing drafts of agreements memorializing these important partnerships.
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Helping Tribes expand their land base is the heart of what we do. We work with Tribes to prepare applications to place their lands into trust. We are well versed in the requirements of 25 CFR Part 151 and the Bureau of Indian Affairs’ Fee to Trust Handbook.
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We advise our clients on the laws applicable to determining the nature and extent of their on- and off-reservation fishing, hunting, and gathering rights. We also advocate for the full and free exercise of these rights.
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In 1921 Congress authorized appropriations to the Bureau of Indian affairs to construct, improve, operate and maintain irrigation projects throughout Indian country. The law reflected earlier appropriations acts dating to the mid-1800s that included reservation-specific funding for irrigation facilities or reclamation projects as well as an 1887 act authorizing Interior to promulgate regulations to secure a "just and equitable distribution" of water on Indian reservations. Today these projects deliver water to more than three-quarters of a million acres. While in the Solicitor's Office, Stephanie Lynch was recognized nationally for her expertise in irrigation laws, regulations and policy. We are eager to assist Tribes and tribal members served by BIA irrigation facilities to maximize their access to and use of water flowing through these irrigation projects. In addition, we see opportunities to enhance tribal water rights flowing through Indian irrigation projects.
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We are committed to advising and assisting Tribes on issues arising under Self-Determination contracts or Self-Governance compacts.
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Trespass to Tribal or individually owned trust land is a scourge throughout Indian country. We can help our clients bring successful trespass cases in the appropriate forum. In addition to trespass claims, we have also successfully litigated claims for waste and nuisance.
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We have decades of experience in reviewing Tribal ordinances that many Tribes submit to Interior pursuant to requirements in their constitutions. We can assist our clients in revising their constitutions to remove these requirements as well as drafting ordinances of all types, including those subject to Interior review. We are also available to develop corporate charters under Section 17 of the Indian Reorganization Act.
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Whether obtaining or renewing a right of way, entering into a lease, or placing an encumbrance on Indian trust land, we can help clients determine the best approach for achieving their objectives. Many Tribes manage their trust lands in accordance with BIA regulations, in which we have extensive experience. We are also available to help Tribes develop their own land leasing regulations under the Helping Expedite and Avance Responsible Tribal Home Ownership Act of 2012 (the Hearth Act), and submit them to BIA for approval. Once Tribal regulations are in place, Tribes may negotiate and enter into leases without further approval by Interior.
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We are experienced in water rights cases at the state and federal level. We can help Tribes develop, file and litigate water rights cases as well as negotiate favorable settlement agreements.
Natural Resources
We advise our clients on land management and realty matters, including land exchanges, rights-of-way permitting, telecommunication facility siting, and Utility System Transfer Agreements. We are also experienced with compatible use determinations under the National Wildlife Refuge System Administration Act, and the protection and management of marine species under the Marine Mammal Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act.
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Projects on federal lands require agencies to ensure they comply with laws including the National Environmental Policy Act, the National Historic Preservation Act, and the Endangered Species Act. We advise and guide our clients through the compliance processes for these and other statutes.
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The Federal Land Policy and Management Act authorizes the Bureau of Land Management to conduct land exchanges with other landowners to acquire and dispose of land. Land exchanges are discretionary and must be in the public interest. Lands exchanged must be of equal value. We are experienced in ensuring such exchanges are in compliance with federal law, regulations, and policy.
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Rights-of-way and facility siting on federal lands are authorized by agency-specific laws and governed by agency regulations and policy. We advise our clients on the laws that apply to the permits needed from Interior and other agencies. For example, the Federal Land Policy Management Act applies to lands under the jurisdiction of the Bureau of Land Management while the Reclamation Act governs permitting on lands managed by the Bureau of Reclamation. Rights-of-way across the lands and waters of “System units” of the National Park Service (NPS) are governed by separate Congressional authorizations. Waters under the jurisdiction of the United States Army Corps of Engineers have unique statutory authorities in which we are also conversant. We believe that early, on-the-ground communication wtih agency officials responsible for handling applications for rights of way or facility siting is key to timely and successsful acquisition of these important permits.
General Federal Administrative Law
In the decades we worked in the Solicitor’s Office we advised Interior agencies on the general federal laws that apply across the federal government. As a result we are able to offer assistance on matters including Freedom of Information Act requests, claims under the Federal Tort Claims Act, and appropriations law questions.
Entities seeking grants or cooperative agreements with Interior or other agencies can also rely on us to advise them on the Federal Grants and Cooperative Act as well as agency-specific statutes authorizing these important activities.
We also are available to defend and advise federal employees who have been subjected to adverse actions or affected by a reduction in force.
Get in Touch
We’d love to hear how our team can help you.