March 17-18, 2009 Workshop on NEPA in Indian Country
International Institute for Indigenous Resource Management
444 South Emerson Street
Denver, Colorado 80209-2176
Phone: (303) 733-0481; FAX: (303) 744-9808
E-Mail: iiirm@iiirm.org Website: www.iiirm.org

A Workshop on the National Environmental Policy Act (NEPA) in Indian Country Designed for Tribal Council Members, Attorneys, Natural and Cultural Resource Specialists and environmental Protection Professionals and Federal Agency Personnel and Contractors Working in Indian Country

March 17-18, 2009 Radisson Hotel Denver Stapleton Plaza
3333 Quebec Street
Denver, Colorado

Applied to the Colorado Supreme Court for Continuing Legal Education Credit

The National Environmental Policy Act (NEPA) can be an important part of federal agency consultation with Indian tribes. However, effective tribal participation in the NEPA process requires an awareness of the workings and procedural requirements of NEPA, technical expertise, knowledge of the broad range of tribal environmental, social, cultural, health and safety interests that March be affected by federal programs and activities and a strategy that links NEPA responses to other legal and statutory requirements such as the federal-Indian trust doctrine, treaty rights, AIRFA, NAGPRA, etc. This Workshop will provide practical instruction and assistance to inform tribal decision-makers on: the requirements and latest developments in NEPA compliance and litigation; the role of tribal, federal and state regulators in the NEPA process; and strategies to identify and protect tribal interests that March be affected by
proposed federal actions.

Preliminary Agenda
March 17, 2009
8:15 a.m. Registration, Coffee and Continental Breakfast
9:00 a.m. Welcome and Introductions Mervyn L. Tano, International Institute for Indigenous Resource Management
9:30 a.m. Small Group Exercise
10:15 a.m. History and Overview of NEPA James “Skip” Spensley, Spensley & Associates
10:30 a.m. NEPA as a Tribal Environmental Protection and Development Strategy Mervyn L. Tano
11:30 a.m. Break
11:45 a.m. An Approach to Identifying Tribal Interests Affected by Proposed Federal Actions Mervyn L. Tano
12:30 p.m. Lunch (on your own)
1:30 p.m. Planning for NEPA: What Tribes Need to Know About Federal Agencies, What Federal Agencies Need to Know About Tribes Mervyn L. Tano
2:30 p.m. The Environmental Impact Statement: The Process James “Skip” Spensley
4:30 p.m. Adjourn

March 18, 2009
8:30 a.m. Registration, Coffee and Continental Breakfast
9:00 a.m. Content of the EIS: Making Sure it’s Adequate James “Skip” Spensley
10:00 a.m. Assessing Cumulative Impacts Mervyn L. Tano
10:45 a.m. Break
11:00 a.m. Tribes as Cooperating Agencies: Issues and Opportunities Mervyn L. Tano
11:30 a.m. Other Issues including Programmatic EIS, Environmental Justice, etc. James “Skip” Spensley and Mervyn L. Tano
12:30 p.m. Lunch (on your own)
1:30 p.m. Indigenous Approaches to Adaptive Management Mervyn L. Tano
2:10 p.m. Strategic Approaches to NEPA Requirements James “Skip” Spensley Mervyn L. Tano
2:40 p.m. Small Group Exercise
4:15 p.m. Adjourn

Workshop Faculty:
James W. “Skip” Spensley is one of the nation’s experts on the National Environmental Policy Act of 1969 (NEPA) working with its requirements from numerous perspectives including administrative, legislative, judicial, and project development. Mr. Spensley served as staff to the President’s Council on Environmental Quality (CEQ) in 1970 after NEPA was first enacted. He assisted in preparing the first CEQ guidelines on environmental impact statement (EIS) preparation. He subsequently worked with an environmental law firm in Alexandria, Virginia where he litigated NEPA cases. In 1974, Mr. Spensley worked for a transportation and consulting firm which managed one of the largest urban transportation projects in New York where he was the architect of the EIS for the West Side Highway Project in New York City. In 1975, Mr. Spensley was hired by the United States House of Representatives to act as Legal Counsel to the Subcommittee responsible for NEPA. During his tenure there, he was responsible for writing the first and only amendment to NEPA in 1975. In 1984, The Marchor of Denver hired Mr. Spensley to manage the preparation of the EIS for Denver’s new international airport, the largest land area commercial airport in the world. Between 1989 and 1995, he has consulted with numerous large-scale projects concerning their NEPA requirements including among others the Vail Ski Area Expansion project; the Department of Energy’s Technology Integration Program; the E-470 Toll Road Project in Denver; and the Rocky Flats Site Wide Environmental Impact Statement. Since 1995, Mr. Spensley has provided consulting and project management services to the Colorado Department of Transportation, the City and County of Broomfield, the Seattle Port Authority, Will County Illinois on the 3rd Chicago South Suburban Airport project and several private company clients concerning environmental documents related to major transportation and development projects. Mr. Spensley has lectured on environmental law and NEPA at both the University of Colorado and the University of Denver in the law schools and other graduate programs since 1982. He is the author of the NEPA Compliance Manual for federal managers and author of the NEPA Chapter in the Environmental Law Handbook (Editions 12-16) for Government Institutes. He conducts regular annual national workshops on NEPA and the EIS process.

Mervyn L. Tano Mervyn L. Tano, Esq. is an attorney and the president of the International Institute for Indigenous Resource Management. He earned his Bachelor of Arts Degree in History from the Church College of Hawaii, Masters Degree in Education from the University of Arizona and the Juris Doctor Degree from the J. Reuben Clark Law School at Brigham Young University. Mr. Tano has extensive experience working with Indian tribes and includes, as a small sample: assisting the Confederated tribes of the Umatilla Indian Reservation establish a comprehensive water quality management system; helping the Nez Perce tribe establish the tribal environmental restoration and waste management department to oversee the cleanup of Department of Energy facilities at Hanford; and, advising the Oglala Sioux tribe on solid waste management issues. Mr. Tano has been a member of several national advisory boards including EPA’s Federal Facilities Environmental Restoration Dialogue Committee, the National Environmental Justice Advisory Council, DOE Office of Science and Technology’s Community Leaders Network, the National Academy of Public Administration’s committee on intergenerational responsibility and the National Research Council’s committee on priority setting, timing and staging of DOE’s environmental management activities. Mr. Tano has written numerous papers, articles and manuals on risk, environmental justice, environmental restoration, technology development, environmental law and radioactive waste management, and has written extensively on tribal strategies for NEPA responses.

Workshop Logistics:
All workshop sessions will be held at the Radisson Hotel Denver Stapleton Plaza, 3333 Quebec Street, Denver, Colorado. Rooms are available to workshop attendees at the special rate of $89.00 (single or double) per night. For reservations, call the Radisson Hotel Denver Stapleton Plaza at 303-317-3500 or 1-800-333-3333. Be sure to mention the “IIIRM NEPA in Indian Country Workshop” and make your reservation by April 20, 2009, to qualify for the special rate.

Registration Information:
Registration Fee: Early registration (until February 28, 2009) is $395.
After that date registration is $450. Tuition includes morning and afternoon coffee service and one copy of the workshop materials. For information on multiple registrations from one tribe, or other information, call the International Institute for Indigenous Resource Management at 303-744-9686. Please fill out the registration form and send it and your check or purchase order to: IIIRM, 444 South Emerson Street, Denver, CO 80209-2176; or FAX to: 303-744-9808.

The International Institute for Indigenous Resource Management
444 South Emerson Street, Denver, Colorado 80209-2176
Workshop on the National Environmental Policy Act (NEPA) in Indian Country Radisson Hotel Denver Stapleton Plaza, 3333 Quebec Street, Denver, Colorado March 17-18, 2009

To pay by credit card or electronic check, please call Jeanne Rubin at 303-744-9686. A small on-line convenience fee applies.

If you no longer wish to receive these notices please send an e-mail message with “Unsubscribe” on the Subject line to mervtano@iiirm.org.

Mervyn L. Tano, President
International Institute for Indigenous Resource Management
444 South Emerson Street
Denver, Colorado 80209-2216 U.S.A.
Phone: +1 303-733-0481; FAX: +1 303-744-9808; Mobile: +1 720-341-4755
E-mail: mervtano@iiirm.org; Website: www.iiirm.org

Mervyn L. Tano, President
International Institute for Indigenous Resource Management
444 South Emerson Street
Denver, Colorado 80209-2216 U.S.A.
Phone: +1 303-733-0481; FAX: +1 303-744-9808; Mobile: +1 720-341-4755
E-mail: mervtano@iiirm.org; Website: www.iiirm.org

Upcoming College of Law events

Statutory Interpretation from Blackstone to Scalia and Beyond – CLE
Friday, February 6, 20092:00 PM – 5:00 PMDowntown Justice Center
620 W. Jackson St.
Phoenix, AZ More Information

Utah Alumni Reception
Friday, February 6, 2009
5:00 PM – 6:30 PM
Hosted by Alumnus Gordon Campbell, Esq. College of Law Class Year 1972
At the Law Firm of Parsons Behle & Latimer, PLC 201 South Main Street, Suite 1800
Salt Lake City, UT 84111 RSVP for Event

DNA Database Woes and the Birthday Problem
Speaker: David Kaye, Professor of Law, Sandra Day O’Connor College of Law
Tuesday, Feb. 17, 200912:10 PM – 1:00 PM Armstrong Hall, Room 114
Sandra Day O’Connor College of Law

2nd Annual William C. Canby Lecture
Speaker: Diane Enos, President of the Salt River Pima-Maricopa Indian Community
Tuesday, February 17, 20094:30 PM – 6:00 PM
Armstrong Hall, Great Hall
Sandra Day O’Connor College of Law
RSVP for Event

1st Annual Edward J. Shoen Leading Scholars Lecture
Speaker: Paul H. Robinson, Colin S. Diver Professor of Law at the University of Pennsylvania Law SchoolThursday, Feb. 26, 200912:00 PM – 1:30 PM
Armstrong Hall, Great HallSandra Day O’Connor College of Law
RSVP for Event

The Importance of Intellectual Property in Advancing Science
Speaker: Rod Fuller, Esq., Fennemore Craig
Thursday, Feb. 26, 200912:10 PM – 1:00 PM Armstrong Hall, Room 114
Sandra Day O’Connor College of Law

Health Care Entrepreneurism: Legal Challenges
Speaker: Dr. John Shufeldt, NextCare
Tuesday, March 3, 200912:10 PM – 1:00 PM Armstrong Hall, Room 114
Sandra Day O’Connor College of Law
2009 Rocky Mountain Legal Writing ConferenceMarch 13-15, 2009 Armstrong HallSandra Day O’Connor College of LawMore Information

Arizona Supreme Court Oral Arguments
Tuesday, March 24, 20098:30 AM – 1:30 PM Armstrong Hall, Great Hall
Sandra Day O’Connor College of Law

John P. Morris Memorial Lecture
Topic: The Meaning of the Obama Candidacy to Lawyers of Color and to all Americans
Tuesday, March 31, 20095:00 PM – 6:30 PM Armstrong Hall, Faculty Center
Sandra Day O’Connor College of Law

Indian Legal Program Alumni & Friends Reception
Thursday, April 2, 20095:30 PM – 7:00 PM Buffalo Thunder Resort & CasinoSante Fe, NM
For more information, please contact Kate Rosier at 480-965-6204

Forensic Science for the 21st Century: The National Academy Sciences Report and Beyond
April 3-4, 2009
Armstrong Hall
Sandra Day O’Connor College of Law
More Information

13th Annual Willard H. Pedrick Lecture
Speaker: The Honorable Harry T. Edwards, Senior Circuit Judge, Chief Judge Emeritus of the U.S. Court of Appeals for the D.C. Circuit
Friday, April 3, 20091:00 PM – 2:00 PM Armstrong Hall, Great HallSandra Day O’Connor College of Law

Class of 1998 Reunion
Saturday, April 4, 20096:00 PM – 10:00 PM
Old Main
Arizona State University
For information please contact Ann Snider at 480-965-5290 or ann.snider@asu.edu

Hooked: Legal and Ethical Implications of Recent Advances in Alcohol and Drug Addiction Research Conference
Friday, April 10, 2009
8:00 AM – 5:00 PM
Sandra Day O’Connor U.S. Courthouse
401 W. Washington St.
Phoenix, AZ
More Information

Tsosie contributes to book on Indigenous Rights

Tsosie contributes to book on ‘Indigenous Rights’

Rebecca Tsosie Rebecca Tsosie, executive director of the Indian Legal Program, has contributed a paper on “Indigenous Treaty Rights: Sacred obligations, Intercultural Justice and the Discourse of Treaty Rights,” to a book, Indigenous Rights, that will be published by Ashgate in April.

“Throughout the world, indigenous rights have become increasingly prominent and controversial,” states the book’s description. “The recent adoption by the United Nations General Assembly of the Declaration on the Rights of Indigenous Peoples is the latest in a series of significant developments in the recognition of such rights across a range of jurisdictions.

“The papers in this collection address the most important philosophical and practical issues informing the discussion of indigenous rights over the past decade or so, at both the international and national levels. Its contributing authors comprise some of the most interesting and influential indigenous and non-indigenous thinkers presently writing on the topic.”

The book is edited by Anthony J. Connolly, of the Australian National University.

JOB: Colville Staff Attorney

STAFF ATTORNEYS (TWO POSITIONS)
OFFICE OF THE RESERVATION ATTORNEY

The Confederated Tribes of the Colville Reservation seeks to fill two positions in its Office of Reservation Attorney (ORA). Candidates for either position must possess particular experience and expertise in Indian Law; experience working for a tribal government is preferred. One position requires at least two years experience as a licensed attorney; the other requires at least eight years experience as a licensed attorney.

The Colville Reservation, with headquarters in Nespelem, Wash., contains 1.4 million acres and provides its attorneys the opportunity to work on significant jurisdictional, natural resources and sovereignty issues, among other areas, and to become engaged in a variety of interesting and important legal matters. ORA is one of the oldest on-reservation tribal government law offices (established in 1981), with a strong tradition of excellence.

Applicants must be admitted to practice before the Washington State Courts upon hire or within one year of hire. Applicants should have extensive civil litigation experience in federal courts and be able to perform all litigation tasks. Exceptionally strong research and writing skills are required. Otherwise strongly qualified applicants with less litigation experience will be considered.

Salary is DOE, beginning at $68,000 annually for an attorney with two years of experience, and increasing thereafter based upon additional years of experience. Generous health and retirement benefits are provided.

The position is open until filled, but applications must be submitted by March 1, 2009, to be considered for the first round of interviews. Please submit cover letter, resume listing at least three references, and writing sample to Alice Koskela, Managing Attorney, Office of the Reservation Attorney, P.O. Box 150, Nespelem, WA 99155.

ORA is an Indian Preference employer, and Native American attorneys are encouraged to apply.

New 9th Circuit opinion

The Ninth Circuit, in an opinion by Judge Reinhardt and a dissent by Chief Judge Kozinski, held that a Blackfeet descendant was not an Indian for the purposes of criminal prosecution under the Major Crimes Act. The Court found that Cruz, a Blakfeet and a Canadian Blood Indian, did not meet the second prong of its test set forth in U.S. v. Bruce, 394 F.3d 1215 (9th Cir. 2005). The four factors under the second prong include: 1) tribal enrollmnent; 2) government recognition through receipt of benefits reserved to Indians; 3) enjoyment of benefits due to tribal affiliation; and 4) social recognition. Although Cruz is a descendant of a Blackfeet, Cruz is not an enrolled member of a federally recognized tribe and did not take advantage of any benefits reserved for Indians. Although Cruz lived on the reservation for a short time as a child, attended public school on the reservation and worked on the reservation, the Court did not find that these facts could satisfy any of the four factors under Bruce’s second prong.

The decision can be found at: http://www.ca9.uscourts.gov/datastore/opinions/2009/02/10/0730384.pdf.

CLE – Environmental Programs on Tribal Lands

STATE BAR OF ARIZONA
ENVIRONMENT AND NATURAL RESOURCES LAW SECTION
and the
INDIAN LAW SECTION

Present:
ENVIRONMENTAL PROGRAMS ON TRIBAL LANDS: DELEGATIONS, CAPACITY BUILDING, IMPLEMENTATION AND ENFORCEMENT.

Date: Friday, February 27, 2009

Time: 2:00 PM to 4:00 PM

Location: Lewis and Roca LLP, 40 N. Central Avenue, Phoenix, 15th Floor

Speakers:
Mr. Bill Yellowtail — Former EPA Region 8 Regional Administrator

and current Native American Studies professor at Montana State University.

Mr. Stephen Etsitty, Navajo Nation EPA

Mr. Brian Bonnen, Gila River Department of Land & Water Resources

Description: This Continuing Legal Education program is intended to help further your understanding of Tribal regulatory control over water resources. Tribes can and do have regulatory authority over many of the water resources located in Arizona. For many this is a way to improve water quality and improve health for their communities. For others, this is an issue they prefer to leave to the federal government. Meanwhile, for the regulated community, understanding when tribes can and do exercise jurisdiction and appreciating how to work with a tribal regulator can save time, expense, and frustrations. This CLE will feature an esteemed panel of regulators and former regulators.

COST: no cost to attend this program.

This Program may qualify for 2 hours of CLE credit.

Please RSVP to Teri Yeates, State Bar of Arizona by 12:00 Noon February 26, 2009 at (602) 340-7312 or via e-mail at Teri.Yeates@staff.azbar.org.

Teri Yeates
Administrator
Sections and Committees
State Bar of Arizona
4201 N. 24th Street, Suite 200
Phoenix, AZ 85016-6288
Direct Line: 602-340-7312
or 1-866-482-9227 ext 312
State Bar Fax: 602-271-4930

JOB: San Manuel Band of Mission Indians – Court Clerk

Posting Date: 2/13/2009 5:49:02 PM

Contact: Marylou Williams
Employer: San Manuel Band of Mission Indians
Address1: 3246 North Victoria Ave.
CityStateZip: Highland, CA 92346
Email: mwilliams@sanmanuel.com
Website: www.sanmanuel-nsn.gov
Phone: 909-425-4800

AcceptingCalls: No
JobTitle: Court Clerk
Salary: TBD
Hours: TBD

Description: Position Summary:
Under the direction of the Chief Judge of the San Manuel Tribal Court, the Court Clerk is responsible for all clerk?s responsibilities of the Tribal Court and Appellate Court, including case file management, preparation for Court hearings, preparation of Court minute orders and other documents.

Essential Duties and Responsibilities:
The following does not include all of the duties that may be performed: Receives, processes and calendars all complaints and actions in Tribal Court. Maintains all official records of the Tribal Court and prepares certified copies, as required. Collects filing fees and fines, as required, and maintains fiscal records of all transactions. Provides other administrative support to the Chief Judge and the Appellate Court judges, including but not limited to: ordering and maintaining office supplies, preparing check requests and purchase orders, preparing travel/training requests and arrangements, preparing correspondence, copies and faxes as requested, and maintaining Judges calendars. Prepares Tribal Court minutes, findings, orders, notices and other official documents. Compiles and maintains statistical data. Attends all sessions of Tribal Court and performs clerk?s tasks associated with hearings, including, but not limited to: calling hearings to order, swearing in witnesses and receiving documents into evidence; scheduling and confirming hearing dates; preparing courtroom with all necessary materials and/or services for litigants; preparing and posting daily docket; provides all court files to Tribal judges in preparation for hearing. Maintains a list of attorneys and lay advocates admitted to practice before the Court. Arranges for a court reporter to record all proceedings. May arrange for interpreters and pro-tem judges. Serves as liaison with court clerks in federal, state or other tribal courts. Notarizes documents for the public as needed. Provides reception services for Tribal Court, including answering telephone inquiries and written inquiries, as appropriate; courteously meeting and greeting individuals presenting themselves to the Court; and receiving and filing all paperwork presented to the Court. Prepares grant reports, Judiciary Committee reports or other reports, as required. Responsible for recording and certifying revisions to the San Manuel Judicial Code, as enacted by the General Council, or Rules of Court, adopted by the Judiciary Committee, and providing copies to Tribal citizens and tribal agencies, as required.
Attends required hearings. Observes and maintains strict confidentiality of Tribal Court records and proceedings. Performs such other duties/responsibilities as directed by the Chief Judge.

Requirements:
The requirements listed below are representative of the education and/or experience required:
An understanding of current Native American culture and experience working with Native American communities is preferred. Ability to relate to the public, other agencies and court personnel in a professional, courteous and respectful manner. Ability to work effectively in a team environment. Ability to rapidly shift from one task to the next and to prioritize and coordinate accomplishment of multiple tasks simultaneously. Demonstrated ability to type at least 40 wpm. Ability to work with minimal to no supervision. Must be punctual and dependable in regular attendance. Must be bondable. Must submit to criminal, credit and character background checks and fingerprinting. Must submit to pre-employment drug test and may be subject to on-demand drug testing. No felony convictions or convictions for any crimes of moral turpitude or involving crimes against children.

Education and/or Experience
Associate?s degree or equivalent from a two-year college as a paralegal or legal secretary or degree in court administration or public administration; Three (3) years? experience as a tribal, federal or state court clerk or legal secretary or equivalent experience. Any equivalent combination of experience, education and training which provides the knowledge, skills and ability to perform this work.

Submit: Resume,See “Other” Comments
SubmitOther: Apply online:
https://www.ultirecruit.com/san1001/jobBoard/JobDetails.aspx?__ID=*D2691207E41B5EB2