Environmental Law: Protection of Native
American Natural Resources
Date: September 26 - 28, 2012
Location: Las Vegas, NV
Hotel: Palms Casino Resort (4321 West Flamingo Road · Las Vegas, NV 89103)
For a group rate of $79.00 call (866) 942-7770 and reference ID: CHFSM12 or Falmouth September Meeting by September 3, 2012.
Tuition: $865
 Even though federal law and policy assure conservation
and protection of natural resources, the outcome of conservation
on tribal land is uncertain. Cultural and economic
interests of tribes often conflict with those of states and the
federal government. Tribes face management challenges —
increased economic development, changing environmental
conditions and competing interests, to name just a few. A
thorough understanding of the legal issues and rights of all
parties is the best defense for protecting natural resources.
The protection of natural resources is important everywhere, but it is more
crucial to tribes. This insightful class will cover the basics, from air and water
to land and wildlife. It will examine the federal laws and
regulations that govern these areas and provide a review
of the latest case law. Find out where states’ rights end and
tribes’ begin. Understand why these different aspects of the
environment are important and how they affect everything
from everyday life to economic development. Learn how
to create and maintain conservation projects and discuss
how other tribes use the law to conserve and protect their
natural resources. This hands-on class will give you the opportunity to discuss
the unique challenges and issues that impact your tribe and explore
solutions to these challenges. Don’t miss this important training program
— register today.
| T O P I C S I N C L U D E |
Environmental Basics
- Creating laws
- Putting the law to work
- Creating regulations
- Carrying out the law
- Changing landscapes
- Environmental Indicators Initiative
Overview of Environmental Laws
- Clean Water Act
- Emergency Planning & Community
Right-To-Know Act
- Pollution Prevention Act
- Safe Drinking Water Act
- Surface Mining Control and
Reclamation Act
- National Environmental Policy Act
- NEPA and tribal gaming compacts
Land and Animals — The
Ecosystem Around You
- Hunting and fishing
- Aboriginal or Indian title
- Reserved Rights Doctrine
- Treaties and executive orders
- Treaty construction and
interpretation
- Abrogation of treaty rights
On-Reservation Hunting and
Fishing
- Tribal and state regulation of tribal and non-tribal members
- Tribal jurisdiction limits
- Exclusive vs. concurrent authority
with a state
- Montana v. United States
- Importance of a tribal ordinance
Off-Reservation Regulation
- Treaty rights — United States v.
Washington
Federal Regulation and Statutes
- Sources of federal power
- Statutory interpretation
- Federal taxation on hunting income
- Migratory Bird Treaty Act
- Bald Eagle Protection Act of 1940
- Wild Free-Roaming Horses and
Burros Act
- Marine Mammal Protection Act
- Fisheries Conservation and
Management Act of 1976
- Endangered Species Act
- Direct Federal Regulation Act
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Conservation of Land and Animals
- Nature of the fish resource
- Habitat protection
- Navajo Nation v. U.S. Forest Service (Snowbowl case) reversal
Overview of Water Law
- Drinking water, water pollution
and fishing
- History of federal policy and
deference to state law
- Federal reserved water rights
(Winters Doctrine)
- Relationship between federal and
state law rights
Indian Water Rights
- Tribal rights under the Winters
Doctrine
- Allottee water rights
- Non-Indian Walton rights derived
from allottee
- Quantification of water rights:
- Appropriative rights
(practicable irrigable acreage)
- In-stream flow rights
- Fish flows, water quality and
trust responsibility
- Transfer or leasing of water rights
- Off-reservation water rights
- Indian water rights under state
riparian law
- State jurisdiction under the
McCarran Amendment
Off-Reservation Activities
Affecting Tribal Water Rights
- Federal and other water projects
- FERC proceedings
Tribal, Federal and State
Regulation of On-Reservation
Water Use
- Tribal authority under the Walton decision
- Non-Indians and fee lands
- Regulation of water and
environmental quality
- Conservation and protection of
water and watersheds
| Overview of Air Laws and
Regulations
- Clean Air Act
- Wilderness Act
- Car emissions
- Fire emissions
- Enforcement actions
- EPA rulemaking
Protecting Air Quality
- Right to protect the air in your
community
- Air quality status and trends
- Assessing emissions inventory
- Monitoring air quality
- Implementing an air quality control
plan
In Your Neighborhood
- Human health
- Waste and recycling
- Retaining tribal conservation rights
Developing Tribal Regulatory
and Administrative Systems —
Practical Issues
- Pending legislation
- Court decisions
- Administrative action
- Tribal codes and related laws
- Field investigation and
enforcement
- Administrative hearings and
appeals
- Role of tribal court and tribal
council
Developing Tribal Strategies to
Preserve and Conserve Natural
Resources
- Finding the right combination of
litigation and other approaches
- Alternative protection strategies
- Action for damages for past wrongs
*Topics subject to change.
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