Indian Law & Government Relations
We understand the breadth and complexity of the issues facing Indian tribes in today’s environment, many of which have historical roots in tribal culture and the fundamental rights of tribal sovereignty and self-determination, and we have substantial experience advising tribal clients and advocating for the rights thereof in connection with such issues. Our goal in providing legal services to our clients is to first understand our client’s needs and aspirations and then, in continuing consultation with our client, to deploy our expertise and experience in furtherance thereof. We are committed to working with our clients to address their legal and policy needs, achieve their goals at a reasonable cost and pursuant to the Tribe’s objectives.
Sovereignty Protection & Tribal Governance
We provide tribal governments excellent and quality legal services to ensure the protection of tribal sovereignty and the development of self-determination. We have real world experience in Indian Law.
We provide guidance to Indian tribes in the development and protection of environmental and natural resources. We understand these often have a cultural resources component.
We have considerable experience in providing guidance to tribal governments in housing, health and education matters.
Our team has represented Tribes, tribal entities, enterprises, film companies, and individuals on employment and labor matters.
We understand the importance of business development in Indian Country, the need for tribal governance and regulation, as well as the financing to start up, promote and grow such businesses and the connection to the furtherance of tribal self-determination and economic development.
With gaming as a positive economic force on the local and national level, we understand Indian gaming’s importance in support of tribal sovereignty and self-determination.
The Elbe Law Firm understands the importance of Indian nations working with external government agencies and legislative bodies to obtain funding and favorable legislation for tribal specific requests and issues as well as national tribal programs. We facilitate these activities with our tribal clients and ensure that we maintain close contact with government officials on matters affecting Native American policies and programs.
Sovereignty Protection & Tribal Governance
We provide tribal governments excellent and quality legal services to ensure the protection of tribal sovereignty and the development of self-determination. We have real world experience in Indian Law.
- Assisted Indian tribes with the numerous legal and policy issues, including development of natural resources, protection of cultural resources, promotion of reservation economies and infrastructure, preservation of basic human rights, access to health care, and education, enhancement of tribal governance, development of election codes, and litigation.
- Developed legal opinions and litigation and settlement positions on such matters as federal authority to transfer land to Indian tribes, tribal jurisdiction, lease approvals, penalty sharing, and environmental compliance and remediation.
- Provided legal and policy counsel to tribal clients on constitutional and code reform and drafted amendments to a tribal constitution for consideration by the tribal council and general membership.Led negotiations for the Department of the Interior on a multi-million dollar settlement in a breach of trust claim against the United States related to the management of tribal natural resources.
- Worked with the Office of General Counsel, Department of Justice, and tribal leaders and attorneys to develop significant legal opinions on and to defend against challenges to federal and tribal authority to implement environmental laws in Indian country, including litigation in the federal district and circuit courts and the United States Supreme Court.
We provide guidance to Indian tribes in the development and protection of environmental and natural resources. We understand these often have a cultural resources component.
- Developed and defended tribal environmental codes, including precedential regulations, policies, and guidance documents for tribal authority.
- Assisted in the developing significant legal opinions on and defending against challenges to federal and tribal authority to implement environmental laws in Indian country.
- Provided strategic advice and legal counsel to and represented a tribal client on an Army Corp of Engineers flood control and ecosystem restoration project, including compliance with the National Environmental Policy Act, Flood Control Act and Water Resources Development Act.
- Provided guidance to Indian tribes on tribal specific cultural resources issues, including the navigating the National Historic Preservation Act section 106 process.
- Co-Chaired the White House Domestic Policy Council’s interagency workgroup on tribal environmental protection and natural and cultural resource management.
We have considerable experience in providing guidance to tribal governments in housing, health and education matters.
- Assisted Indian tribes with drafting financing proposals and application to fund housing projects, including ensuring the use of new markets tax credits, bond finance options, and federal appropriations.
- Provided legal counsel to a tribal client on development of and compliance with tribal housing codes.
- Negotiated and assisted tribal governments with P.L. 98-638 contracts for tribal operations of schools and healthcare facilities.
- Provided guidance to local school boards and tribal departments of education on state and Federal education legislation and policy matters.
Our team has represented Tribes, tribal entities, enterprises, film companies, and individuals on employment and labor matters.
- Handled and successfully resolved compensation, grievances, personnel policies, job safety and health matters, terminations, and a number of administrative proceedings.
- Assisted clients with creative strategies that have lead to amicably settling matters or positive solutions and agreements.
We understand the importance of business development in Indian Country, the need for tribal governance and regulation, as well as the financing to start up, promote and grow such businesses and the connection to the furtherance of tribal self-determination and economic development.
- Provided counsel to tribal clients on the development, financing and organization of tribal business and joint ventures for economic development and energy production.
- Provided legal counsel to tribal clients on the development of a marquee hotel in downtown Sacramento, California and negotiated and drafted the related corporate documents, including operating agreements, by-laws, written consents and resolutions, development agreements and financing documents.
With gaming as a positive economic force on the local and national level, we understand Indian gaming’s importance in support of tribal sovereignty and self-determination.
- Provided guidance to tribal governments with their gaming and casino operations, including ancillary operations such as hotels, restaurants, and entertainment venues. We have drafted gaming control ordinances, gaming board regulation, and tribal-state compacts.
- Reviewed and provided advice to the Assistant Secretary on tribal-state compacts, other agreements, leases and trust acquisitions related to development and operation of gaming facilities in Indian country, requiring extensive consultation with the Office of the Solicitor, Office of Indian Gaming Management and regional offices of the Bureau of Indian Affairs.
- Developed and conducted a two-day training program for approximately 100 tribal leaders, environmental staff, consultants, and attorneys on environmental compliance related to the development and operation of Indian gaming facilities in California.
The Elbe Law Firm understands the importance of Indian nations working with external government agencies and legislative bodies to obtain funding and favorable legislation for tribal specific requests and issues as well as national tribal programs. We facilitate these activities with our tribal clients and ensure that we maintain close contact with government officials on matters affecting Native American policies and programs.
- Secured funding from Federal departments for tribal specific requests for healthcare facilities, energy development projects, and school construction.
- Provided strategic advice to and represented tribal clients on the “Tribal Energy Self-Sufficiency Act,” and other related tribal energy and tax legislation.
- Successfully lobbied Environmental Protection Agency on tribal jurisdictional issues
- Worked with senior Congressional staff, White House Office of Management and Budget, senior Agency officials, tribal leaders and representatives to develop, justify, and defend increases in the EPA’s Indian program budget from $35 million to more than $160 million.
- Succeeded in securing favorable legislative language in the reauthorization of the Tribally-Controlled College Act.
- Represented tribal client on responding to assertions of state jurisdiction over a tribal energy project and represented the tribe before federal and state agencies, including the California Energy Commission.