Conference to explore tribal role in future energy development
(Optional byline: By Judy Nichols)

A conference focused on energy development and the role of tribes, now and in the future, is scheduled for March 25-26 at the Ventana Ballroom at Memorial Union on the Arizona State University campus in Tempe.

“Tribal Energy Economies: Investing in a Sustainable Future” is sponsored by the Indian Legal Program at the Sandra Day O’Connor College of Law at ASU and the American Indian Policy Institute at ASU. The conference fee is $375 (by March 22), and $450 at the door. Register at www.regonline.com/tribalenergy.

The conference will assemble experts in project financing and energy development and will promote the exchange of ideas between tribal leaders, federal and state policymakers, attorneys, financiers and academicians.

“The College of Law is a national leader on both Indian Law and Law and Sustainability,” said Paul Schiff Berman, Dean of the College of Law. “With this conference we will become a key player in the creation of energy and development strategies in Indian Country, and we will provide the intellectual resources so that mutually beneficial deals can be struck.”

The Indian Legal Program is proud to sponsor the conference on the future of energy development in Indian Country, said Professor Rebecca Tsosie, Executive Director of the Indian Legal Program and an Affiliate Professor in ASU’s American Indian Studies Program.

“The issue is of global and national importance, given the major shifts in energy policy that are likely to occur in response to climate change,” said Tsosie, a Willard H. Pedrick Distinguished Research Scholar at the College of Law. “Indian nations are poised to become global leaders in this discussion, as they explore whether and how to develop renewable and alternative energy resources, in addition to conventional forms of energy production. Many tribal communities possess deeply embedded cultural norms of sustainability that can inform tribal energy policies, as well as national energy directives. We look forward to an active and inspirational set of presentations, and we are honored to host these leaders at ASU.”

Energy production offers great potential for sustainable economic development in Indian country, said Professor Carl Artman, Director of the College of Law’s Economic Development in Indian Country Program.

“The foundation of a tribal energy economy will be the land and infrastructure of the tribe, but success will be built on the imagination and determination of the leadership,” Artman said. “This conference, the first of a series that will focus on tribal economic development, will bring together leaders from Indian country, policy development, business, and finance. It will provide a platform for veterans of traditional energy development to trade experiences with those on the precipice of new forms of production, while simultaneously providing both networking and learning opportunities.”

The conference is the first opportunity people will have to speak with and question the authors of new federal energy legislation, the Indian Energy Promotion and Parity Act of 2010. U.S. Sen. Byron Dorgan (D-ND), Chairman of the Senate Committee on Indian Affairs, recently released a discussion draft of the bill, which seeks to address many of the challenges facing Indian tribes as they try to establish a foothold in the larger energy development industry. The proposed legislation contends with rights-of-way across Indian lands, inclusion of tribes in regional and state infrastructure planning, and financing matters.

Conference panels include: A Brief Look Back to the Past with and Eye to the Future, Federal Initiatives that Will Help Define the Future; The Impact of Current Legislation on Indian Country Energy Economies, The Business of RPS, Carbon Markets, and Indian Country, Renewable Energy on Indian Lands, Alternative Energy on Indian Lands, Logistics and Transmission, Financing of Energy Projects and Tribal Infrastructure and Sustainability.

Larry EchoHawk, Assistant Secretary of Indian Affairs, and other invited panelists include tribal, governmental, financial and corporate experts, including representatives of the Osage Nation, the Navajo Nation, the Mandan, Hidatsa, and Arikara, Quinault Indian Nation, the Agua Caliente Band of Cahuilla Indians, the Campo Kumeyaay Nation, National Congress of American Indians, and the Gila River Indian Community.

Rep. Christopher Clark Deschene (D-St. Michaels), a panelist on the session, “The Impact of Current Legislation on Indian Country Energy Economies,” said he is anticipating a productive and informative discussion of U.S. House and Senate energy policy development as it pertains to current energy projects in Indian Country.

“As Indian Country progresses into the 21st century, energy policy must be considered as a vital component to building economies and strengthening tribal sovereignty,” Deschene said. “I believe tribes, corporations and utilities all recognize the importance of energy development in Indian Country.”
Participating energy entities include Ta-Té Topa (Four Winds) Energy Corp., TectaSolar, Oneida Seven Generations Corp, Warm Springs Power & Water Enterprises, Diné Power Authority, APS, Citizen’s Wind, Solventerra LLC, and NativeEnergy. There also will be representatives of the Bureau of Indian Affairs, U.S. Department of the Interior, the Arizona Legislature, the U.S. Senate Committee on Indian Affairs, the Bureau of Land Management, and the Department of Agriculture for Rural Development, as well as numerous financial and legal experts.

Tracey LeBeau, a tribal energy attorney and Director of the Indian Country Renewable Energy Consortium (ICREC), will moderate the conference panel, “Logistics and Transmission, which will examine the critical importance of, obstacles and opportunities for energy infrastructure growth.

“All the energy generation in the world is only as good as our ability to get it to market,” said LeBeau, Senior Managing Director at Sonnenschein Nath & Rosenthal LLP in Phoenix. “A heretofore untapped critical mass of renewable resources is in Indian Country. Indian Country needs transmission and infrastructure investments and is ready to step up as partners, rather than simply hosts, for projects and for infrastructure.”

The conference will offer the tools for Indian energy entrepreneurs to chart a course for tribes to increase their leverage now and create sustainable energy economies for the future. Participants will discuss strategies to promote investment and prepare tribes for a transition into sustainable energy economies, and examine the economic and cultural issues associated with large-scale build-outs on tribal lands.

“I hope participants will learn to look at energy, not just as a single event opportunity, but a chance for Indian communities, and those communities surrounding Indian Country, to look at the entire energy value chain — infrastructure, manufacturing, renewable generation, green jobs, clean technology development,” said ICREC Board President James Gray, Principal Chief of the Osage Nation, who will deliver the conference’s introductory remarks. “And Indian Country isn’t going anywhere. The jobs Native American tribes and corporations create will stay native to America.”

The conference is designed for tribal leaders, directors, attorneys, and council members; bankers and financiers working in Indian country or in the traditional or renewable energy sector; energy engineering consultants and providers of technical professional services in architecture, building, engineering design and planning. For more information, contact Darlene Lester at 480-965-7715, or darlene.lester@asu.edu.

The Sandra Day O’Connor College of Law, renamed for the retired U.S. Supreme Court Justice in 2006, is pursuing a bold and transformative model for public legal education in the 21st century, a model we call “legal education in the future tense.” This model re-imagines the law school as a multifaceted legal studies center serving law students, professionals from other fields, and undergraduates seeking broad-based exposure to legal issues. At the core of this expansion is a dedication to making the law school a valuable resource for addressing major regional, national, and international problems of law and public policy. The College is the leading law school in the Phoenix area, boasts an Indian Legal Program that is arguably the best in the nation, houses the Center for the Study of Law, Science & Innovation, the oldest, largest and by far the most comprehensive law and science center in the country, and the new Center for Law and Global Affairs. Beyond the traditional J.D., the College offers several concurrent degrees, including a J.D./M.D. program with the Mayo Medical School, a J.D./M.B.A. with the W. P. Carey School of Business at ASU, a J.D./Ph.D. in Law and Psychology with the ASU Department of Psychology, and a J.D./Ph.D. in Justice Studies with the ASU School of Social Transformation’s Justice and Social Inquiry Program. It also offers graduate degrees in Biotechnology and Genomics and in Tribal Policy, Law and Government. A Master of Legal Studies program gives non-lawyers an opportunity to develop needed legal skills to help students advance in their professional careers.

Early Registration extended through March 22nd.
Take advantage of the low rate! ($375 for 10 CLE credits!)

CLE Credit for AZ, CA, and pending in NM, and WI.

** It has come to our attention that many have lost CLE budgets due to the economy. Please contact me personally if you would like to attend but need a scholarship. **

Join the Indian Legal Program at the Sandra Day O’Connor College of Law at Arizona State University for the “Tribal Energy Economies: Investing in a Sustainable Future” conference on March 2…5-26, 2010. Visit the conference website to see the agenda and learn more about this timely and important topic in Indian Country. The conference website address is www.Regonline.com/TribalEnergy.

Dear students, alumni and friends of the ILP – the College of Law is rebuilding the website. As part of the new design, I am looking for quotes to add to the wall. If you have time, please send me a quote about any of the following topics – (1) professors and staff, (2) courses, (3) opportunities, (4) students, and or (5) clinic. Thank you!!

Knowledge River and Library School: Information Session
Date: Tuesday March 2nd, 2010
Time: 2 p.m.
Location: University of Arizona Native American Student Affairs, Tucson, AZ Robert L. Nugent, Room 204, Upper Level All are welcome to come, Snacks will be provided.

There is an overwhelming need for professionals in the library and information science field who know and understand the unique needs of the diverse communities served by our libraries, especially those in the Southwest. Knowledge River is a Tucson-based program designed to educate and support information professionals who have experience with and sensitivity to Hispanic and Native American populations. The program’s goal is to foster an understanding of library and information issues from the perspectives of Hispanic and Native Americans and advocates for culturally sensitive library and information services to these communities.
Native American librarians today are working in tribal libraries, school libraries, colleges and universities, archives and special collections, and museums. They are serving as educators, advocates, and guides to the vast world of information. They are developing programs to digitize collections; they are preserving indigenous cultures through books, photos, oral histories, and language revitalization initiatives; they are developing protocols for providing access to traditional cultural expressions; they are serving their communities.

We invite you to learn more about the profession and Knowledge River’s support for students who want to earn their Master’s degree in Library Science and serve the target communities (Native American and Hispanic).

Knowledge River Scholars receive financial aid, cohort support, library-work experience, mentoring, and professional development support. Now in our 9th year, we are currently recruiting for our next Knowledge River Cohort to begin Fall 2010.

*For more information please go to http://sirls.arizona.edu/KR or email us at kriver@mail.sbs.arizona.edu

Sandy
Sandy Littletree, MA, MSIS
Knowledge River Program Manager
School of Information Resources and Library Science
1515 E. First Street, Tucson, AZ 85719
520.621.5220 (direct office line)
520.621.3279 (fax)
http://sirls.arizona.edu/KR
Hispanic and American Indian Library and Information Issues

Ka Huli Ao Center for Excellence in Native Hawaiian law2010 Post-J.D. Research Fellowships in Native Hawaiian Law

Ka Huli Ao’s Post-J.D. Research Fellowship Program in Native Hawaiian Law provides stipends to recent law graduates to support research, scholarship, teaching, and/or other research-related projects that impact Native Hawaiian Law or that fill a need in the Native Hawaiian community. The goal of the Research Fellowship is to advance knowledge, scholarship, or learning in Native Hawaiian Law. By the end of the Fellowship period, Research Fellows are required to complete an article or project of publishable quality and to present their research findings and conclusions in a public forum. Depending on available funding, up to four Research Fellowships will be awarded. Fellows will receive a stipend of $50,000, paid out over a one-year period beginning in August 2010. Fellows are responsible for paying all taxes and health insurance. Eligibility Criteria — The Research Fellowship is designed for recent law school graduates with no more than five years of post-law school work experience. Applicants must be graduates of an accredited law school who can commit to working for one year on an individual project in our Research Fellowship Program. Post-J.D. Research Fellows will be selected on the strength of their proposals (described below) and on the basis of: (1) interest in and commitment to Native Hawaiian legal issues as demonstrated in law school, through prior work, education, or other experiences; (2) a sound academic record; (3) excellent research and writing skills; and (4) outstanding personal qualities. Knowledge of the Native Hawaiian community and experience working with the Hawaiian community are not required but will be considered as positive factors. A course or certificate in Native Hawaiian law is not a prerequisite. Application Requirements — Applicants must submit a proposal letter of no more than four single-spaced pages describing: (1) the nature of the research proposed; (2) how their research project relates to Native Hawaiian Law or fills a need in the Native Hawaiian community and how the project advances knowledge, scholarship, or learning in Native Hawaiian Law; (3) the specific work product that will result from the proposed research; (4) and a realistic, detailed timeline showing projected target dates for research, writing (including drafts) and other significant activities (public presentations, etc.).Applications must also contain a completed application cover page; a résumé of no more than four pages; and a separate sheet with the names and contact information of three references, including a short explanation of your work or other connection with the reference. Letters of recommendation are not required.Application Deadline – Applications must be postmarked, hand-delivered, or e-mailed no later than March 15, 2010 to:Mail & Hand-delivery:Ka Huli Ao Center for Excellence in Native Hawaiian LawWilliam S. Richardson School of Law, Suite 2072515 Dole StreetHonolulu, Hawai‘i 96822E-mail: nhlawctr@hawaii.edu (with the subject line: Research Fellowship Application). If you e-mail the application, you must submit a hard copy of the cover sheet within 7 working days.Notification — Successful applicants will be notified by April 30, 2010. Questions? Please call or e-mail Susan K. Serrano, Director of Educational Development at (808) 956-6432 or susanks@hawaii.edu.

Pueblo of Laguna – Applicants for Following Positions

The Pueblo of Laguna is seeking applicants for
the following positions:

CRIME VICTIM/WITNESS ADVOCATE: To perform a variety
of technical, administrative, and entry level professional
social work duties related to planning,
organizing, coordinating, and monitoring the
victim/witness assistance program. Conducts
interviews to determine appropriate services.
Bachelor’s Degree in Criminal Justice, Sociology,
Social Work or directly related field plus
three years directly related work experience
required. COURT PROSECUTOR: Presents
to the Tribal Court criminal complaints and
prosecutes individuals accused of violating civil
and/or criminal laws or ordinances of the Pueblo.
Prepares pleadings, motions, etc; develops strategy,
arguments, and testimony for presentation
of cases. JD from an accredited law school plus
seven years of experience in criminal law required.
Must be a member of the NM State Bar.
Working knowledge of the Indian Child Welfare
Act and Indian Civil Rights Act preferred.
PUBLIC DEFENDER: To represent indigent
clients in the community in criminal, juvenile,
and selected civil matters. Prepares and files
pleadings, legal motions, briefs, orders, and appellate
documents. Serves as the Administrator
of the Office of the Public Defender. JD from an
accredited law school plus five years work experience
which includes litigation required. Must
be a member of the NM State Bar. Working
knowledge of the Indian Child Welfare Act and
Indian Civil Rights Act preferred. The Pueblo of
Laguna is located approximately 45 miles west of
Albuquerque, NM and is a federally recognized
tribal government. Contact Sue Tapia, HR Generalist,
at 505-552-5785 or at stapia@lagunatribe.
org for detailed information.

THE NATIVE AMERICAN BAR ASSOCIATION OF ARIZONA (NABA-AZ)
WOULD LIKE TO INVITE YOU TO A HAPPY HOUR!

WHERE: Macayo’s — 300 South Ash Avenue, Tempe
WHEN: February 26, 2010
TIME: 5:30 p.m. — 8:30 p.m.

The winners of the 2010 NABA-AZ
Scholarships will be announced at the mixer!
Hope to see you there!!

Please RSVP to Jeanette Jackson at 602-229-5544, or jeanette.jackson@quarles.com
by February 24th

ILP Lunch Presentation
Miranda v. Nielsen
Wednesday, February 17, 2010
Room 105
12:15 — 1:15
Lunch will be served!
One free CLE credit!

Assistant Federal Public Defenders Dan Kaplan and Keith Hilzendeger will discuss the Indian Civil Rights Act and the issue of “stacking” sentences. The recent case of Miranda v. Nielsen, 2010 WL 148218 (D. Ariz. 2010) held that Indian tribes do not have authority to sentence convicted criminals to consecutive sentences amounting to more than 1 year (the limit set by the Indian Civil Rights Act). Mr. Kaplan and Mr. Hilzendeger represented the tribal prisoner (Miranda) who was convicted on all counts of an eight count indictment in Pascua Yaqui Tribal Court. Some of her sentences were stacked consecutively, for a total term of 910 days. One free credit of CLE will be offered for this event. Please contact Ann Marie Downes at ann.m.downes@asu.edu or 480.727.0616 for additional information.

ILP Lunch Presentation

Discussion of Tribal Law & Order Act

Monday, February 15, 2010
Room 118
12:15 — 1:15
Lunch will be served!
One free CLE credit!

Sen. Byron Dorgan, D-N.D., introduced major bipartisan legislation in 2009 aimed at strengthening law enforcement and justice in Indian communities. LL.M. in Tribal Policy, Law and Government student Peter Whitney will offer participants some perspectives on the strengths and weaknesses of the proposed legislation.

Please contact Ann Marie Downes at ann.m.downes@asu.edu or 480.727.0616 for additional information.

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)