Salt River RFP for Environmental Law

Request for Proposal (RFP) for Legal Assistance in the Area of Environmental Law for the Salt River Pima-Maricopa Indian Community.

The Salt River Pima-Maricopa Indian Community (“SRPMIC” or “Community”) is seeking proposals from attorneys licensed in Arizona. Applicants must have three or more years of substantive experience in environmental law, including the Clean Air Act, Clean Water Act, Federal Insecticide Fungicide & Rodenticide Act (FIFRA), and other federal environmental laws. Prior experience working for or with an American Indian Tribe is desired. Applicant will supervised by the SRPMIC Office of the General Counsel.

BACKGROUND
The Community is located in Maricopa County and is bounded by the cities of Scottsdale, Tempe, Mesa and Fountain Hills. The Community encompasses 52,600 acres, with 19,000 held as a natural preserve, and has 12,000 acres of active farmland. With two distinct backgrounds and cultures, the Community is comprised of two Native American tribes: the Pima, “Akimel O’Odham” (River People) and the Maricopa, “Xalychidom Piipaash” (People who live toward the water). Today, more than 9,000 individuals are enrolled tribal members.

The Community is constitutionally-organized under Section 16 of the Indian Reorganization Act of 1934. Comprised of the President, Vice President and seven elected Council members, the Community Council governs the Community.

SCOPE OF WORK
The Community seeks legal assistance in the following areas: 1) the review and revision of existing amendments to the proposed SRPMIC Pesticide Ordinance; 2) legal advice regarding the Clean Air Act, including treatment as a State (TAS), Minor New Source review, permitting and development of a Tribal Implementation Plan, knowledge of Tribal Authority Rule is needed; and 3) legal advice regarding the Clean Water Act, including treatment as a State, review and submittal of surface and ground water quality standards, nonpoint source and groundwater issues, stormwater and permitting.

SUBMITTAL FORMAT AND CONTENT
All respondents are required to follow the format specified below. Applicants shall base their submittals on the “Scope of Work.”
I. Cover Page. The Proposal shall include the Request for Proposal Title, submittal due date, and name, address, fax number, and telephone number.
II. Resume: Qualifications and Experience. This section will contain a description of the Applicant’s educational background, training, and experience in environmental law and working with American Indian tribes.
Applicant (and/or Applicant’s Team). Applicant will provide a list of individuals that would be assigned to this project and what their roles and responsibilities would be. In addition to the Applicant’s professional qualifications, experience and any other information pertaining to their ability to perform the duties shall be provided.

Past Experience. Applicant will discuss a list of at least two (2) representative projects, which are similar in scope and nature to the services requested by the Community. For each past project discussed, the Applicant shall specify the services contracted for, the start and completion dates, and the name, address and telephone number of a contact person.

Arizona Bar Admission. The respondent must be in good standing and licensed to practice law in the State of Arizona.

III. Conflicts of Interest. The respondent must disclose any potential conflicts of interest which might arise if they were to accept an award of a contract with the Community.

IV. Certification. The respondent will provide a certification that the statements contained in their proposal are true and correct to the best of their knowledge.

GENERAL CONDITIONS
Choice of Law. The contract regarding these services will be governed and construed in accordance with and pursuant to the laws of the SRPMIC.

Non-Binding. The Community retains the right to reject all submittals. Selection is also dependant on the negotiation of a mutually acceptable contract between the Applicant and the Community.

Consultant’s Responsibility. The consultant shall be responsible for obtaining a SPRMIC Business License and a SRPMIC Privilege Tax Permit prior to commencing work on the project and complying with the provisions of applicable SRPMIC ordinances and regulations.

Proprietary Information. Any restrictions on the use and ownership of the information contained within the Applicant’s response to this Request for Proposal must be clearly stated within the response. All other material contained in the proposal shall become property of the SRPMIC.

V. Contract Price. During FY 2010, the SRPMIC has only $36,000 available to fund the environmental services requested above. Work will end when available funds are exhausted. Additional funds may become available in FY 2011.

SUBMITTAL SCHEDULE & PROCESS
The evaluation of submittals will follow the following schedule. Dates shown are subject to change.

Distribution/Advertisement: January 4, 2010 — January 25, 2010
Submittal Deadline: January 25, 2010 at 4 p.m. 3    
Five (5) originals of the submittal must be received no later than 4:00 p.m. on January 25, 2010 to:

Salt River Pima-Maricopa Indian Community
Office of the General Counsel
Attn: Michael Shiel, General Counsel
10,005 E. Osborn Road
Scottsdale, Arizona 85256
Copies received by FAX shall not be deemed delivered or received.

SUBMITTAL EVALUATION CRITERIA
Representatives of the Community will review the responses to this RFP which meet the outlined requirements and are received before the designated closing date and time.

Evaluation Factor Score
Conformance to the specified RFP format & Organization and Presentation of the Content
5

Education, experience, and technical competence in the following: 1) Clean Air Act, Clean Water Act, FIFRA and other federal environmental laws; 2) the type of services being requested in this RFP; and 3) record of performance, including reference checks and the strength of the credentials.
65

Knowledge and understanding of federal Indian law.
20

Competitive salary range based on experience and credentials.
5

Indian Preference.
5

Total Score
100

Indian Preference. In accordance with the SRPMIC Procurement Policy and Section 7(b) of the Indian Self Determination and Education Assistance Act (25 USC 250 (b)), SRPMIC shall give preference when awarding contracts in the following order:
A. Certified Community-owned businesses;
B. Certified Community Member-owned business or individual Community Members;
C. Other certified native American-owner businesses or individual Native Americans and
D. A firm or individual seeking certification as a Community Member-owned or Native American-owned business enterprise shall submit a completed application to the SRPMIC’s Purchasing Department.
Preference in the award of contracts shall be given to qualified Indian organizations and Indian-owned economic enterprises as defined in Section 3 of the Indian Financial Act of 1974 (25 USC 1452)
 

JOBS: US Department of the Interior

The Office of the Solicitor, US Department of the Interior, is announcing the opening of the following positions in the Office of Solicitor. These positions will be open for applications until the end of January. Links to the application sites are provided below.

Because of our unique responsibilities to support the Department’s programs to benefit American Indians and Alaska Natives, Solicitor Hilary Tompkins strongly encourages Native American attorneys to apply.

We would greatly appreciate it if you could forward this announcement to your respective bar associations, law schools or other folks you know who might be interested in applying for these positions.

Director, Indian Trust Litigation Office (ITLO):

Manages litigation relating to the Department’s Indian Trust responsibilities, including all litigation related to Individual Indian Money accounts and Tribal Trust. The Director is responsible for programs and activities concerned with individual and tribal Indian trust matters, and the provision of legal services with respect to litigation initiated by or against the Federal Government or officials of the Department involving the Indian trust responsibilities of the United States. Coordinates and directs attorney and support staff participating in litigation on Indian trust matters before trial courts, appellate courts, and other tribunals. Prepares and/or provides guidance and direction in the preparation of appellate briefs and other pleadings. Reviews proposed opinions, rules, regulations, and decisions considered controversial or precedent setting; evaluates proposed or recommended legal strategies and principles; identifies significant underlying legal issues; analyzes the adequacy of the legal position; determines possible consequences of the action on current Secretarial and Administration policy; and, recommends approval or alternatives and when appropriate, exercises final authority for acceptance or non acceptance. Represents the Solicitor or Secretary on task forces, interdisciplinary groups, meetings, conferences, and various departmental committees.

ITLO Job Application

Supervisor-Attorney (Assistant Solicitor – General Indian Legal Activities):

The Branch of General Indian Legal Activities (GILA), handles legal issues related to gaming, self-determination, self-governance, education, social services, housing, economic development, judgment fund distributions, Indian roads, and other government programs and services provided to tribes and tribal members. Assistant Solicitor exercises a broad range of supervisory responsibilities over attorney-advisors assigned to the Branch. The Assistant Solicitor also provides key legal advice and counsel and manages litigation on matters related to the Branch’s assigned areas of responsibility.

Assistant Solicitor

Attorney-Advisor – Branch of Water & Power:

The Attorney-Advisor provides legal advice and counsel and manages litigation on matters related to the Department’s trust responsibility for the protection of Indian water resources. The Attorney-Advisor must be able to manage highly complex, sometimes controversial, water resource issues. In addition, the Attorney-Advisor develops and manages litigation strategy, prepares opinions, and provides counsel on regulations and proposed legislation concerning Indian water resources.

Attorney-Advisor

The United States overnment does not discriminate on the basis of race, color, religion, sex, national origin, political affiliation, sexual orientation, marital status, disability, age, membership in an employee organization, or other non-merit factor.

Job: Indian Law Resource Center

Job Opening: Attorney position in the Center’s Washington DC office

January 4, 2010

Position Description and Criteria

The Indian Law Resource Center is now considering applications for an attorney position in the Washington , D.C. office. The attorney will provide legal assistance to Indian and Alaska Native nations, including Indian peoples in Mexico , Central and South America , in matters relating to indigenous rights, sovereignty and international human rights, environmental protection and the rights of Native women. The attorney will play a role in carrying out all of the legal programs of the Indian Law Resource Center .

In addition to legal work, the successful candidate will participate in policy analysis, fund raising, communications activities and other program work of the Center, and will assist in the general administrative tasks of the Center. The attorney will work under the supervision of the Executive Director and the Director of the Center’s Washington D.C. office and with the assistance of other Center attorneys and professional staff.

Substantial knowledge and experience in areas of Indian and Alaska Native affairs, federal Indian law, and indigenous legal issues are required. Federal litigation experience and an understanding of international fora are strongly preferred. Strong research and writing skills and the ability to travel are required. The ability to read and speak Spanish is strongly preferred. We are an Equal Opportunity Employer. Native Americans, women, and all others are encouraged to apply.

An applicant must be admitted to the bar in the United States or must be qualified for admission within a reasonable time. Salary for the position will depend on experience. Excellent benefits are provided.

About the Indian Law Resource Center

The Indian Law Resource Center is a non-profit law and advocacy organization established and directed by American Indians. We provide legal help without charge to indigenous nations in major cases involving indigenous rights, human rights, land claims, and environmental protection. The Center seeks to overcome problems affecting indigenous peoples by establishing national and international legal standards that uphold indigenous human rights and dignity, strengthen indigenous self-determination, and protect indigenous lands and resources. For further information about the Center, visit our website, www.indianlaw.org .

Interested attorneys may apply by sending a cover letter, resume, law school transcript, writing sample (exclusively your work), and list of three references to Marilyn Richardson at mt@indianlaw.org or by mail to
602 N. Ewing St., Helena , MT 59601

Environmental Associate opening

Environmental Associate Opening

SEATTLE EXCLUSIVE: Legal Ease, L.L.C. — Washington’s Attorney Placement Specialists since 1996 — has been exclusively retained to fill an Environmental Associate Attorney opening for our Seattle client law firm. This firm is one of our city’s most well respected and established boutiques. They offer large law firm compensation and highly sophisticated work in a smaller, congenial environment. The successful candidate for this position MUST possess outstanding academic credentials, superior legal writing skills and a minimum of 3 years experience in complex litigation from a highly regarded law firm or esteemed other legal environment. Environmental experience is preferred, but is not mandatory if the candidate establishes his or her sincere desire to practice in the field and meets all other criteria. Starting salary – $125,000.00 – $140,000.00. All inquiries will be handled in strict confidence and should be directed to Lynda Jonas, Esq. at LJONAS@legalease.com.

Indian Legal Clinic helps Gila River prosecutors win appeal

April Olson andDerrick Beetso Derrick Beetso, a third-year law student in the Indian Legal Clinic, recently assisted April Olson (Class of 2006) in an appeal before the Court of Appeals of the Gila River Indian Community.

Olson successfully prosecuted the defendant on the charges of theft and robbery. The defendant raised three issues on appeal: (1) whether the trial court improperly precluded witnesses; (2) whether the trial court improperly admitted opinion testimony; and (3) whether the trial judge improperly relied on facts not in evidence.

Through the Indian Legal Clinic’s partnership with the Gila River Indian Community Prosecutor’s Office, Beetso was asked to argue the merits of the case before a three-judge panel of the Gila River Court of Appeals.

The case was argued on Sept. 16, and the Court of Appeals issued a decision affirming the trial court decision in favor of the Community On Dec. 28.

Canby Lecture Press Release

Gover addresses ‘White Man’s Indian’ in Canby Lecture

Indians, since their first encounter with Europeans, have always been more defined by others than by themselves, according to Kevin Gover, Director of the Smithsonian’s National Museum of the American Indian, who will deliver the Third Annual William C. Canby Jr. lecture, “Will the White Man’s Indian Ever Die?” at the Sandra Day O’Connor College of Law at ASU.

“It is the human inclination to dominate that is so troublesome,” Gover said. “And defining another, well, I can’t imagine a more complete domination, at least psychologically.”

The lecture, presented by the College of Law’s Indian Legal Program, is named in honor of Judge William C. Canby Jr. of the 9th U.S. Circuit Court of Appeals and a founding faculty member. It will start at 4:30 p.m. on Thursday, Jan. 28, in the Great Hall of Armstrong Hall on ASU’s Tempe campus. Free tickets are available at http://community.law.asu.edu/event/REPATat20.

The talk is the keynote for the conference, “Repatriation at 20: A Gathering on Native Self-Determination and Human Rights,” which will continue at the College from 8:30 to 5 p.m. on Friday, Jan. 29.

“Kevin Gover has for many years been a distinguished faculty member in our Indian Legal Program at the Sandra Day O’Connor College of Law, and though he is currently on leave running the most visible museum and cultural center on Indian tribes in the country, we are thrilled to welcome him back for what promises to be a provocative and fascinating lecture on how collective identities are created and perpetuated in a world of power disparities among peoples,” said Dean Paul Schiff Berman.

Gover said that, when Indians aren’t excluded from American history, they are considered as an afterthought.

“Indians are too often represented as uncivilized, and that it is either inevitable or necessary that they be removed from the path of progress,” Gover said. “The vast majority of the public has been taught that the Americas were an uncivilized wilderness in 1492. But the Americas were fully occupied in 1492. There were probably as many people here as in Europe in 1492.”

Gover said that Indians are damaged by allowing others to define them, which continues to this day.

“It puts us in a box,” Gover said. “I’m stunned by the number of people who are angry when they come to the museum and see it is about Indians who are still here, rather than Indians who used to be. They think modern Indians aren’t real Indians because we’re not like we were when Columbus set foot here.”

Gover uses artists as an example.

“Any Native artist using modern media for their work is criticized,” Gover said. “People say, ‘That’s not Indian art.’ Even though it’s an Indian making a statement about Indians. The media the artist chooses to use becomes disqualifying. It’s crazy, and it’s insulting.

“It’s like saying it isn’t legitimate unless it is the same way you were doing things in 1492,” he said. “They wouldn’t ask it of anyone else. They wouldn’t say, ‘You can’t be a White man unless you’re wearing knickers and tails. It’s unique to Indians.”

Being defined by others extends to sports mascots, where Indians are “honored” for their bravery.

“Why don’t they honor us for being smart, creative, for all kinds of different things?” Gover asks. “Why choose the one? It tells us that you’re stereotyping. You can’t be Indian unless you’re brave, whatever that means. It’s ridiculous. It’s just a tiny part of what Indians were and are.”

Redefining even extends to the repatriation of items from museums.

“When any institution considers a repatriation request, they have to investigate to see if the object is what the Indian says it is,” Gover said. “Where are they going to look? The most authoritative place is the tribe itself, but instead, museums consistently look at 19th and early-20th century written ethnography, and if it conflicts, they prefer it over the contemporary Indian information.”

The problem is that the early ethnography was written by white, misguided scholars, he said.

“Many of them were very earnest scholars, but they brought the baggage of 19th-century race science, which set out to prove that all other races are inferior to the white race, and that all models of civilization started with tribes and ended up in the modern European state, which was the ultimate end of the evolutionary process.”

Gover said the overall situation is getting better, but the stereotyping and bigotry have to be confronted every time it is seen. He pointed to the criticism leveled recently at Republic National Committee Chairman Michael Steele after he used the phrase “honest injun” in an interview on Fox News.

“In the great scheme of things, you might think, ‘So what?’ ” Gover said. “But if we let that go by without challenging it, that white noise we get exposed to gets louder and louder. We need to say, ‘I don’t think you’re a racist, but what you said is offensive and you shouldn’t say it anymore.’ ”

Gover said tribes also have to start telling their own stories.

“It is powerful to see how tribes, in their own museums, are interpreting their own stories,” he said. “Things are better, but it will be the work of generations to cleanse our minds of what we have been taught over the course of our lives. I won’t live to see it.”

Professor Artman quoted in article

Lawmaker: Restrict profit from tribal ceremonies
By JONATHAN J. COOPER and FELICIA FONSECA
The Associated PressTuesday, January 19, 2010

PHOENIX – An Arizona lawmaker introduced a bill Tuesday to regulate the use of traditional Native American practices after three people died last year in a northern Arizona sweat lodge ceremony.The measure from Sen. Albert Hale, D-St. Michaels, seeks to sanction the use of Native American ceremonies off tribal land for profit without permission.Self-help guru James Arthur Ray charged people more than $9,000 each to attend his five-day “Spiritual Warrior” retreat near Sedona that culminated in a sweat lodge ceremony on Oct. 8. Participants said they trusted that Ray, who touted training under a Native American shaman, knew what he was doing.Three people died and 18 others were hospitalized after becoming overwhelmed in the 415 square-foot sweat lodge that was covered with tarps and blankets. The deaths and illnesses sparked outrage among American Indians, who drew distinctions between what Ray did and what would be considered a traditional Native American sweat lodge.Hale, a member and former president of the Navajo tribe, said the bill is partly an effort to protect people from false advertising.”This process has been a perversion of our traditional ways,” he said. “The dominant society has taken all that we have: Our land, our water, our language, and now they’re trying to take our way of life.”The Yavapai County sheriff’s office has focused a homicide investigation on Ray, who has made millions of dollars by convincing people his words will lead them to spiritual and financial wealth. Ray has hired an investigative team to find out what happened, and his lawyer said the deaths were the result of a tragic accident, not criminal negligence.Hale’s proposed restrictions would not apply to ceremonies taking place on tribal land or with the authorization of a tribal government.It’s unclear exactly how the law would be enforced. The bill leaves those details up to the Arizona Department of Health Services and the Arizona Commission of Indian Affairs, but Hale said a violation would likely be a civil offense similar to a traffic ticket.

Carl Artman, an Indian law professor at Arizona State University, said the bill opens the door for protections similar to those for Native American arts and artifacts. Any regulations should be a balance between a tribe’s culture, spirituality and history, and an individual’s First Amendment rights, he said.”If passed, it will be how the regulations are written that we’ll see if it has staying power and benefits for the tribes,” he said. If nothing else, Artman said the bill would force a discussion on the issue.

Sweat lodges are commonly used by Native American tribes to cleanse the body and prepare for hunts, ceremonies and other events. They typically hold no more than a dozen people, compared with more than 50 people inside the one led by Ray. The ceremony involves stones heated up outside the lodge, brought inside and placed in a pit. The door is closed, and water is poured on the stones, producing heat aimed at releasing toxins in the body. In traditional ceremonies, the person who pours the water is said to have an innate sense about the conditions of others inside the sweat lodge, many times recognizing problems before they physically are presented.”We need to be respected,” Navajo Nation President Joe Shirley Jr. said. “Our ways cannot be abused.”

JOB: Attorney Position Available

Attorney Position Available
January 19, 2010

ATTORNEY POSITION Experienced litigation attorney wanted for general practice law office. Full time position with a minimum of six years experience in the areas of Indian law, Water law, Natural Resources, and Oil and Gas. Candidate must be a member of the NM State Bar. Exceptional organizational and professional skills required. Please email resume, references, salary requirements and writing samples to: Bruno.m adrid@jaaffiliates.com or fax to 505-242-2236.