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OnDemand Audio

Negotiating Contracts on Tribal Lands

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Copyright Date
May, 2017
Product ID#
75316SADM
Online Access
Expires 6 months from date of purchase
Credit Information
Continuing Legal Education
6.00 - ID CLE

including - Ethics: 1.00



Intermediate
Real Estate & Land Use

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OnDemand Audio

$349.00

Audio CD

$229.00

Course Book Download

$99.00

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Program Description

The unique intricacies of Native American land use issues often make contract negotiations difficult. Confusion over jurisdiction, federal government red tape and cultural differences create unexpected challenges for all parties involved. No matter what side of the table you sit on, this comprehensive overview on Indian country contracts will alleviate much of this confusion and give you useful knowledge you can immediately use in your next round of negotiations. Use your knowledge of the in's and out's of tribal land use law to negotiate contracts that protect your clients' best interests - order today!


Course Content

  1. Establishing the Framework of Native American Land Ownership
  2. P.L. 280/State Law in Indian Country: Zoning, Taxation and Other Considerations
  3. Overcoming Tribal Real Estate Development Obstacles
  4. Tribal Water Rights
  5. Overcoming Leasing Challenges on Tribal Lands
  6. Resolving Easement and Right-of-Way Issues on Reservation Lands
  7. Ethical Considerations

Agenda / Content Covered

  1. Establishing the Framework of Native American Land Ownership
    9:00 - 9:45, Cherese D. McLain
    1. Indian Country: What is it?
    2. The Trust Doctrine and Federal Oversight of Indian Lands
    3. Forms of Tribal Land Ownership: Trust Lands, Fee Lands, Allotments etc.
    4. Issues to Understand: Checkerboarding, Fractionation etc.
    5. Jurisdictional Issues: Tribal, Federal and State
    6. Understanding the Sale and Purchase of Tribal Lands
    7. Financing Difficulties
  2. P.L. 280/State Law in Indian Country: Zoning, Taxation and Other Considerations
    9:45 - 10:30, Cherese D. McLain
  3. Overcoming Tribal Real Estate Development Obstacles
    10:45 - 12:00, Cherese D. McLain
    1. Creating Alternative Financing Options for Trust Land Projects
    2. Obtaining Development Grants
    3. Putting Non-Reservation Property into Trust
    4. Negotiating Development Contracts and Management Agreements
    5. Gaming Compacts and Other Considerations for Casinos
  4. Tribal Water Rights
    1:00 - 1:45, Dylan Hedden-Nicely
    1. The Federal Reserved Water Rights Doctrine
    2. What is the Purpose of the Reservation? Agriculture, Etc.
    3. Do Intended Uses Date to the Reservation Establishment?
    4. Quantification of Water Rights; How Much is Necessary?
    5. Can Tribes Transfer Water Rights?
    6. Tribal Water Codes: What can They Regulate?
    7. Handling Water Compact Issues
    8. Using Settlements to Ensure Water Access: Key Challenges and Considerations
  5. Overcoming Leasing Challenges on Tribal Lands
    1:45 - 2:30, Sarah R. Lawson
    1. The HEARTH Act of 2012: What Hurdles Does it Remove?
    2. Leasing Challenges for Allotments
      1. Consent Requirements for Allotments
      2. Proxy Rights of the Secretary of Interior
    3. Negotiating Leases
      1. What the Law Says About Lease Terms
      2. Ensuring Disputes can be Resolved: Tribal Immunity Issues
      3. Issues with Lease Assignments and Subleases
      4. Other Considerations for Lease Negotiations
    4. Ground Leases: Overcoming Financing and Other Challenges
    5. Issues with Grazing Rights
    6. Necessary Forms and Application Procedures for Leases
  6. Resolving Easement and Right-of-Way Issues on Reservation Lands
    2:45 - 3:30, Paul A. Turcke
    1. Rights-of-Way on Tribal Lands: A Regulatory Overview
    2. Who Can Authorize Easements on Tribal Lands?
    3. Perpetuity of Easements
    4. Locating Documentation of Existing Rights-of-Way
    5. Appraisal Challenges
    6. Negotiation Strategies for Easements
    7. Key Documents for Negotiating Easements
    8. What Role does the BIA Play in Negotiations?
    9. Necessary Forms and Procedures with Examples
  7. Ethical Considerations
    3:30 - 4:30, Paul A. Turcke
    1. Understanding Cultural Issues
    2. Conflicts of Interest
    3. Avoiding Grievances/Malpractice
    4. Maintaining Client Confidentiality
    5. Considerations for Attorneys Who Represent Tribes

Accreditation Details:

Credit Information
Continuing Legal Education
ID CLE - 6.00 Approval Exp. 5/11/2019

including - Ethics: 1.00

This program may qualify for up to 6.0 hours of self-study continuing legal education credit in the state of Idaho, which may include 1.0 ethics credit. Application for self-study approval must be submitted to the Idaho State Bar.


DYLAN HEDDEN-NICELY is a citizen of the Cherokee Nation and an attorney with Howard Funke & Associates, PC, in Coeur d’Alene, Idaho. His practice focuses on the representation of Indian tribes and people in the areas of Native American natural resources and water law. Beginning in August 2017, Mr. Hedden-Nicely will be joining the faculty of the University of Idaho, College of Law as Associate Professor of Native American Law. He received his J.D. degree, magna cum laude, from the University of Idaho, College of Law with an emphasis in Native American Law and Natural Resources and Environmental Law. He also earned an M.S. degree from the University of Idaho in Water Resources - Science and Engineering.

SARAH R. LAWSON is an attorney of counsel at Schwabe, Williamson & Wyatt, where she focuses her practice on real estate, land use planning and development and tax. She is a member of the Iowa Tribe of Kansas and Nebraska. Ms. Lawson is a member of the Northwest Indian Bar Association, Nation Tribal Land Association, and Tribal In-House Counsel Association. She is admitted to practice in Washington, Wisconsin, Arizona courts along with Tohono O'Odham Tribal and Snoquaimie Tribal courts. Ms. Lawson earned her B.A. degree from the University of Michigan, and her J.D. degree from the University of Wisconsin School of Law.

CHERESE D. MCLAIN is a senior associate with MSBT Law where her practice emphasizes in local government, natural resources, environmental, Indian law, and business law. Ms. McLain graduated, magna cum laude, with a degree in political science from Fort Lewis College and earned her J.D. degree at Arizona State University Sandra Day O’Connor College of Law. She also received a Certificate for Indian Law through the Indian Legal Program and a Certificate for Law, Science, and Technology with an emphasis in Environmental Law.

PAUL A. TURCKE is a partner in the Boise firm of MSBT Law, specializing in government, public lands and access issues. He addresses a full spectrum of issues involving land ownership, land use, access, recreation, permitted uses, endangered species and local communities. Mr. Turcke‘s clients are frequently recreation advocacy organizations, outfitters, backcountry pilots, private and corporate landowners, and local governments. His litigation activities have spanned 15 U.S. district courts, four circuit courts, and the U.S. Supreme Court. Mr. Turcke earned his B.A. degree, with honors, from Whitman College and his J.D. degree, cum laude, from the University of Idaho. Prior to entering private practice, he worked as an Idaho district court law clerk, a deputy public defender, and a deputy prosecuting attorney.

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