Indian Legal Alert

Indian Money Claims in Jeopardy – As highlighted by a recent Indian Country Today article authored by WK&G Tribal Practice Group members, Debora Juarez, Gabe Galanda and Sharon Haensly, over 30,000 tribal property claims preserved under the Indian Claims Limitation Act of 1982 are unsafe after two recent federal court rulings.

There are thousands of trespass damages claims involving roads, pipelines, power lines and utility towers that others illegally constructed on Indian lands, for which Tribes and their members were never notified or properly compensated. “Forced fee patent” claims also number in the thousands, where the Department of the Interior placed Indian land in fee before the trust period expired and without the Indians' consent. Also occupying a large portion of the list are claims for illegal “secretarial transfers,” where the Department of the Interior sold allotments without the allottees or their heirs' consent. And there are money claims for fisheries destroyed by dams, reservation lands that were unlawfully flooded, and tidelands and Indian water rights that were illegitimately taken. The list literally goes on and on.

A recent disastrous ruling by the Second Circuit Court of Appeals, which the U.S. Supreme Court refused to review, beckons Indian country to seriously reexamine these ICLA claims, determine their legal status, and either litigate or settle them. Additionally, the most recent draft of proposed Senate Bill 1439, which if enacted would settle the longstanding Cobell v. Kempthorne litigation, would also likely obliterate nearly all allottee ICLA claims for mismanagement of their lands and other trust assets. What's more, Public Law 109-158 establishes a December 31, 2006 deadline for tribes to file claims for payment of mismanaged tribal trust funds owed. Tribes should immediately determine whether they have claims for these funds, and the extent of any overlap between mismanaged tribal trust funds and the ICLA claims. For these reasons, which are fully explained in the article, tribes must act now.

WK&G in the News

WK&G Tribal Finance Lawyers Assist Round Valley – Seattle Member Jerry Creim and Senior Associate Gabe Galanda recently represented the Round Valley Indian Tribes of Northern California with two separate but related financings associated with the Tribes’ reacquisition of 330 acres of original reservation lands. Gabe is an enrolled member of the Round Valley Tribes.

Tse-whit-zen Settlement Featured by Indian Country Today - The landmark settlement reached between the Lower Elwha Klallam Tribe, State of Washington, City of Port Angeles and Port of Port Angeles on August 14, 2006, which resolved the dispute over the historic Tse-whit-zen Village and ancestral burial ground, was recently covered by Indian Country Today. WK&G Indian lawyers Debora Juarez and Gabe Galanda, who lead the tribe's litigation and negotiation efforts, are quoted in the article.

Gabe Galanda Named “Up and Coming Lawyer” – Lawyers USA has selected Gabe as one of seven up-and-coming attorneys from around the nation who have positioned themselves to make a significant impact on their profession.

Recent Articles/Publications

Indian Law Newsletter – The following articles by WK&G Tribal Practice Group attorneys were recently published in the Summer 2007 edition of the Washington State Bar Association Indian Law Section's newsletter:

• “Tse-whit-zen Inter-Local Land Use Agreement: One Model for Resolving Cultural Resource Disputes Along the Washington Shoreline” by Debora Juarez, Gabe Galanda & Sharon Haensly
• “Using Tribal Cultural Resource Codes to Protect the Past and Strengthen Tribal Governments and Communities” by Sharon Haensly
• "Obtaining First Priority Status for Your Deed of Trust in Indian Trust Land: Where Is the Race Won - the County Auditor's Office or the BIA Title Plant?" by Jerry Creim and Claire Hur

Upcoming WK&G Events

WK&G Northwest Tribal Insurance Law Seminar - Little Creek Casino & Resort, Shelton, WA (October 27, 2006). Please join a panel of WK&G tribal tort defense lawyers and insurance industry professionals for a free informational seminar to help Indian business leaders appreciate the significant sovereignty issues associated with insurance procurement and claims handling. IMPORTANT: If you registered for this seminar before October 9, 2006 and DID NOT receive a confirmation email, please email or call Ainsley Simolike (206-628-5997) to confirm your reservation. Server errors have been discovered that, for a time, prevented us from receiving online registration forms for this seminar.

Seminars

Clallam County Bar Trek VIII - Port Angeles, WA (November 3, 2006). Gabe Galanda will be returning to his hometown to co-present with Steve Oliver, counsel for the Port of Port Angeles, regarding the landmark Tse-whit-zen settlement (discussed above).

4th Annual Northwest Gaming Law Summit - Seattle, WA (December 7-8, 2006). Gabe Galanda will be co-chairing this two-day seminar presented by The Seminar Group, which will facilitate local, state, federal and tribal stakeholder dialogue regarding the many emerging legal and political issues facing the multi-billion dollar gaming industry in the Pacific Northwest.

Notice

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