Summer 2006
Indian Law Advisor     

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WK&G in the News

Tse-whit-zen Settlement - The Lower Elwha Klallam Tribe, State of Washington, City of Port Angeles and Port of Port Angeles recently reached a settlement ending conflicts over the historic Tse-whit-zen Village and ancestral burial ground. WK&G led the tribe's litigation efforts, and the comprehensive settlement, spearheaded by Seattle of counsel Debora Juarez and Seattle associate Gabe Galanda on behalf of the tribe, provides for restoration and long-term protection of the village.

A state-tribal settlement agreement transfers ownership or control of 17 acres of historic Klallam lands from the state to the tribe, and provides the tribe $5.5 million for the reburial of remains and materials and for site restoration. The state will provide an additional $7.5 million to both the City of Port Angeles and the Port of Port Angeles for capital investment in economic development initiatives.

A land use settlement agreement between the tribal, state and local governments, perhaps the first in the country of such breadth and magnitude, establishes protocols to ensure clear communication among the parties when archaeological resources are discovered during future shoreline construction projects, and to provide guidance for resolving land-use conflicts so that cultural resources can be protected and construction projects can go forward. Seattle members Dana Ferestien, Kim Baker and John Knox, Seattle of counsel Sharon Haensly, and Seattle associate Claire Hur were also invaluable in achieving the settlement.


Pictured from Left to Right: Sharon Haensly, Claire Hur, Gabe Galanda, Debora Juarez, Tribal Lawyer Russ Busch, and Kim Baker

Yakama Juice Successes - Seattle of counsel Ross Jacobson, Claire Hur and Gabe Galanda recently assisted Yakama Juice, LLC - the Yakama Nation's first off-reservation economic venture - in acquiring commercial real estate within the Nation's ceded areas, and obtaining 8(a) certification from the U.S. Small Business Association. We encourage our tribal clients, particularly those with hotels and casinos, to contract with Yakama Juice for juice and water.

Tribal Finance Lawyers Assist KeyBank - Seattle member Jerry Creim and Gabe Galanda recently represented KeyBank's Native American Financial Services program in a $90 million syndicated loan transaction with the Tohono O'odham Nation of Arizona. WK&G is proud to team with KeyBank, whose Indian lending efforts were recently featured in Indian Country Today.

Debora Juarez Joins RES 2007 Planning Committee - RES 2007 is the annual Reservation Economic Summit & Business Trade Fair organized by Northwest American Indian Development and the National Center for American Indian Enterprise Development. WK&G co-sponsored those groups' 1st Annual Native American Alliance Trade Fair at the Muckleshoot Tribe's Emerald Downs in August.


Recent Articles/Publications

"Tse-whit-zen Inter-Local Land Use Agreement: One Model for Resolving Cultural Resource Disputes Along the Washington Shoreline" by Debora Juarez, Gabe Galanda and Sharon Haensly

"Using Tribal Cultural Resource Codes to Protect the Past and Strengthen Tribal Governments and Communities" by Sharon Haensly

"Getting Commercial in Indian Country" by Gabe Galanda (Business Credit, June 2006)

"Insuring Indian Country" by Gabe Galanda (Insurance Journal, May 22, 2006)

"Northwest Tribal Attorneys Continue Scholarship Gifts That Keep Giving" co-authored by Gabe Galanda (Trial News, May 2006)


Upcoming WK&G Events

WK&G Northwest Tribal Insurance Law Program - Shelton, WA (October 27, 2006). Please join a panel of WK&G tribal tort and insurance lawyers, as well as insurance industry professionals, for a free informational seminar to help Indian business leaders appreciate the significant sovereignty implications of insurance procurement, claims handling and tort litigation.

Seminars

University of Arizona College of Law Indigenous Peoples Law & Policy Program's Colloquium - Tucson, AZ (September 8, 2006). Indigenous Peoples Law & Policy Program alumnus Gabe Galanda will be lecturing on the case he recently litigated and negotiated to settlement on behalf of the Lower Elwha Klallam Tribe.

Attorney General's Office Annual Attorney Conference - Seattle, WA (September 12, 2006). Gabe Galanda will be speaking about Everyday Indian Legal Issues for the State AAG at this annual conference for attorneys from across the state. The theme of the conference this year is "Everyday Work that Makes a Difference."

19th Annual University of Washington Indian Law Symposium - Seattle, WA (September 14-15, 2006). Debora Juarez will be speaking on Tribal Commercial Codes and Economic Development at this two-day symposium highlighting current legal and policy matters important to Indian tribes, Indian people and others affected by the on and off-reservation rights of tribes.


Notice

These materials have been prepared by Williams, Kastner & Gibbs PLLC for information purposes only and are not intended to be used as legal advice.

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