Indian Resources and Authorities in 2002
Challenges and Opportunities for Indian Country
WSBA Indian Law Section Spring CLE
Friday -- May 17, 2002
Washington State Convention & Trade Center
(Rooms North 3A & 3B)
800 Convention Place, Seattle
Seattle
7.50 General CLE Credits Approved
Registration Fees:
Standard $195
Paralegal, Support Staff and New Attorney (admitted to WSBA after Dec. 31, 1998) $125
Program Highlights
- Legislative and Case Law Updates
- Tribal Energy Development
- Reauthorization of Tribal Temporary Aid to Needy Families
- VAWA and Tribal Court Jurisdiction
- Land Use Issues: tribal fee land use regulation; remediation and toxics liability on Indian lands; cultural resources protection on nontribal lands
- The Reliance Insurance Bankruptcyıs Effect on Indian Country
- FOIA and Government-to-Government Relations after Klamath Water Users
SPACE IS LIMITED - REGISTER NOW!
Program Co-Chairs:
Thomas P. Schlosser, Morriset, Schlosser, Jozwiak & McGaw, Seattle
Shelby Settles, Columbia Legal Services, Seattle
Schedule
| 7:30 a.m. | Registration and Coffee |
| 7:55 a.m. | Opening Remarks by Program Co-Chair
Thomas P. Schlosser, Morriset, Schlosser, Jozwiak & McGaw, Seattle |
| 8:00 a.m. | Keeping Up with the Changes in the Law
An update from two of our advance scouts on what Congress is attempting to do for and to Tribes and Indian People Legislative Update - Eric D. Eberhard, Dorsey & Whitney, LLP, Seattle Case Law Update - Thomas P. Schlosser, Morriset, Schlosser, Jozwiak & McGaw, Seattle |
| 9:00 a.m. | Remediation and Toxics Liability on Indian Lands
- A discussion of ongoing projects, Tribesı abilities to participate and control cleanup, and pitfalls and successes for tribal participation in an evergrowing area of environmental concern. Hazardous Substance Clean-Ups in the Upper Columbia Basin & 2002 Amendments to CERCLA and On-Reservation Brownfield Redevelopment. Richard DuBey, Short, Cressman & Burgess, PLLC, Seattle
CERCLA Environmental Cleanup of Refinery Wastes on the Swinomish Reservation - A 20-Year Effort by the Swinomish Tribe Results in the Removal of Over 40,000 Tons of buried Toxic Wastes and Contaminated Soil.
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| 10:00 a.m. | Question and Answer Period |
| 10:15 a.m. | Break |
| 10:30 a.m. | Reconciling Tribal Rights with the Endangered Species Act
Tribes are facing increasing scrutiny from environmental interests as reflected in the recent litigation involving Washington Trout, Earth Justice and others. This presentation will summarize pending litigation and provide suggestions on reconciling tribal interests and the ESA. Overview of the Washington Trout Litigation - Bruce Davies, Northwest Indian Fisheries Commission, Olympia |
| 11:00 a.m. | Cultural Resources Protection on Nontribal Lands
As development increases, pressure on culturally sensitive areas increases as well. This discussion will approach ways for tribes to protect these vitally important areas when confronted with new challenges of private property rights and public use of public lands. Laura Weeks, Muckleshoot Tribe, Eugene |
| 11:30 a.m. | Tribal Energy Development
The Bush Administrationıs energy policy seeks to ease the process for energy development on-reservation. Will this be a boom or a bust for the nationıs reservations? Will it only benefit the large land-base tribes? Issues and opportunities in energy generation and transmission development on tribal lands, especially in developing natural gas-fired and renewable power projects will be discussed. J.D. Williams, Managing Attorney, Office of Legal Counsel, Confederated Tribes of the Umatilla Indian Reservation, Pendleton |
| 12:00 p.m. | Question & Answer Period and Morning Wrap-Up |
| 12:15 p.m. | Lunch (on your own) |
| 1:30 p.m. | Tribal Fee Land Use Regulation
With court findings that tribes have the right to zone on-reservation fee lands owned by tribal members, and the United States Supreme Courtıs hostility toward tribal regulation on non-Indian owned fee lands, how do Tribes come up with a coherent and consistent land use policy for their reservations? Fawn Sharp, Reservation Attorney, Quinalt Indian Nation, Taholah |
| 2:00 p.m. | The Reliance Insurance Bankrupctyıs Effect on Indian Country
Kyme McGaw, Morriset, Schlosser, Jozwiak & McGaw, Seattle |
| 2:30 p.m. | Reauthorization of Tribal Temporary Aid to Needy Families
More and more Tribes are taking over the role of administrators of federally and state-funded welfare programs. This segment will discuss how they are doing, sanction rates for tribal members and efforts to transfer tribal members from welfare to work in the reservation economies. Sarah Colleen Sotomish, Program Administrator, State/Tribal Relations Unit, Economic Services Administration, DSHS, Olympia |
| 3:00 p.m. | Question and Answer Period |
| 3:15 p.m. | Break |
| 3:30 p.m. | FOIA and Government-to-Government Relations after Klamath Water Users
Julie Matthews, EPA Region 10, Office of General Counsel, Seattle |
| 4:00 p.m. | VAWA and Tribal Court Jurisdiction
Under the Violence Against Womenıs Act, the Tribal and State Courts are required to give each other more full faith and credit for domestic violence orders than both sides are commonly used to. How are the judges from both sides of the reservation borders getting along? Justice Susan Owens, Washington State Supreme Court, Olympia |
| 4:45 p.m. | Complete Evaluation Forms; Adjourn |
