Administrative Negotiations
Knowledge, experience and access are essential elements of a successful Legislative and Government Affairs practice. We assist our clients in every aspect of federal government affairs and the legislative process, including administrative negotiations and strategy preparation.
As counselors on Native American matters, Fredericks Peebles & Morgan LLP attorneys provide focused, aggressive and effective representation. Our relationships with tribal and governmental officials give us a great deal of credibility in working with key government decision makers. In addition, we have experience working with government officials to reach agreement on the drafting and introduction legislation, appearing at hearings, requesting rulemaking or agency action, commenting on proposed agency action, filing litigation, and conducting many types of negotiations. Fredericks Peebles & Morgan LLP understands the importance of attending legislative meetings in Washington and can assist in preparing tribal officials for those discussions.
Administrative Procedures
Fredericks Peebles & Morgan LLP has experience in providing counsel and advocacy in working with the complexities of establishing Administrative Procedures that will be appropriate to accommodate tribal concerns as they relate to Native American practices, culture and rights, including administrative responsibility. Administrative Procedure issues arise in a multitude of government/tribal affairs including areas such as religious practices, the Native American Grave and Repatriation Act, employment, public health, education, nutrition, environment and other areas where legislation and government policies may impact Native American tribe and organizations rights and concerns.
Legislative Advocacy/Lobbying
Fredericks Peebles & Morgan LLP has significant experience in lobbying and a long record of success when it comes to securing appropriations and funding for clients. We bring strong relationships with members of the relevant authorizers, key members of Congress, and Congressional staff. These relationships, combined with a deep understanding of the nuances of the legislative process, enable our attorneys to identify sources of concern and garner support for the disposition of issues in a manner favorable to Native American interests.
The foundation of our legislative practice is the reputations and relationships our professionals have built on successful advocacy, political experience and a thorough understanding of the legislative process.
Our firm combines deep knowledge, experience, and respect for tribal law and customs with a broad understanding of the applicable federal and state legislation and judicial decisions that have influenced and continue to impact Native American communities.
Legislative Analysis/Reporting
Fredericks Peebles & Morgan LLP regularly monitors legislation and policies in Washington D.C. that relate to Native American tribes and organizations' interests. By working closely with and maintaining communications with tribal governments and organizations we can appraise and assess key political risks and opportunities that allow us to determine and then focus on primary objectives. By developing and executing a strategy to address those objectives we can help ensure that Native American interests and concerns are both protected and made known to government officials. Fredericks Peebles & Morgan LLP is prepared when called upon to prepare advocacy materials, including proposed statutory language and related legislative history; detailed briefing materials and provide talking points that more fully explain issues; and responses to potential arguments from opposing parties. Our firm has the skills to analyze and report on legislation and government activities and then provide advice on how to organize, coordinate and manage response in support of our clients’ goals.
Acknowledgement/Recognition
Before colonization, Indian tribes had complete sovereignty. However, given the governmental structure of the United States and the complicated history of tribal-federal relations, tribes are now classified as domestic dependent nations. This means tribes have the power to define their own membership; structure and operate their tribal governments; regulate domestic relations; settle disputes; manage their property and resources; raise tax revenues; regulate businesses; and conduct relations with other governments. It also means that the federal government is obligated to protect tribal lands and resources; protect the tribe's right to self-government; and provide social, medical, educational and economic development services necessary for the survival and advancement of tribes. Nevertheless, that is only true if the tribe is federally recognized.
Without recognition, tribes usually can't receive federal grants to help strengthen their governments or initiate economic development projects. Without recognition, tribes can't participate in federal rehabilitation programs or receive federal health services. Tribes without recognition are also severely disadvantaged in the legal arena when it comes to winning back traditional lands, protecting precious resources or otherwise winning lasting justice for their people.
Fredericks Peebles & Morgan LLP understands what is at stake for tribes without recognition. Ultimately, the existence of tribes as governments is fundamental to the survival of Indian people. And without tribes, there can be no tribal sovereignty, no tribal homelands, no tribal cultures, and no tribal languages. Achieving recognition is an exhaustive process that requires preparing a vast amount of historical, legal and anthropological documentation. Our firm has the skills and experience to provide assistance and counsel to Native American tribes seeking federal recognition.
Education
The legal rights of tribes to control the formal education of tribal members in all types of schools--federal, state, and tribal is of vital importance not only to individual tribal members, but also to the Native American community as a whole. Because education is frequently influenced by major legal principles of federal Indian law and major developments in federal Indian policy, adequate counsel, representation and advocacy are imperative. Since tribes are independent sovereign governments, and tribal sovereignty is inherent and exists unless and until Congress takes it away, questions about tribal sovereignty are often viewed as questions of the intent of Congress, acts of Congress concerning treaties, statutes, and public laws that often become issues of contention. Federal Indian education laws and policies over the years have moved from tribal control from pre-contact through Federal control, state control, and finally to the return toward tribal control.
Fredericks Peebles & Morgan LLP has an experienced team of education lawyers. Our focused knowledge has helped us develop an acute awareness of the special needs of the Native American education community. The decisions made by education managers intersect not only with the students and teachers in the classroom but the larger community and state and federal laws. We anticipate problems, help avoid them, and work in partnership with you to create a positive climate for learning in the schools we serve.
Environmental and Cultural Preservation
Fredericks Peebles & Morgan LLP provides guidance to Indian tribal governmental clients to assist them in maintaining compliance with federal environmental laws as well as guiding them in development of tribal laws to ensure that others respect the environmental values of Indian nations. The firm's expertise in environmental compliance also has been applied in a wide variety of economic development projects and trust land acquisitions.
Recognizing that environmental protection often has a cultural component is important to providing effective, quality counsel to our tribal government and Native organization clients. In many cases, archaeological and current cultural resources, if not sufficiently protected, may be placed in jeopardy by the exploitation of other resources, both within and outside of Indian Country.
The protection of archaeological and contemporary cultural resources through negotiations and agreements, developing tribal laws, and litigation are areas of crucial concern for Native American tribes and organizations, as well as our firm. We can provide counsel for tribes and Tribal Historic Preservation Offices on their rights and responsibilities in the Section 106 process under the National Historic Preservation Act. Additionally Fredericks Peebles & Morgan LLP is positioned to work closely with federal action agencies, the Advisory Council on Historic Preservation, and archaeologists and anthropologists to achieve compliance with the Act.
The firm can also provide advice to tribal clients regarding the interpretation and application of the Archaeological Resources Protection Act. This includes the Act’s permitting program as well as its prohibitions and information disclosure protections. Fredericks Peebles & Morgan LLP can also offer counsel regarding the religious rights of Indians, including negotiating the return of eagle feathers and the religious use of eagle feathers.
Health Care
It has long been recognized that Native Americans are dying of diabetes, alcoholism, tuberculosis, suicide and other health conditions at a shocking rate. Beyond disturbingly high mortality rates, Native Americans also suffer significantly lower health status and disproportionate rates of disease compared with all other Americans. Because these unbalanced numbers are sometimes due to the government’s failure to keep promises as well as the existence of cultural, social and structural barriers that limit Native American access to health care, skilled advocacy and counsel are often required to ensure that Native American health care receives proper funding and effective administration to improve the health status of Native Americans. Fredericks Peebles & Morgan LLP is able to provide the skills critical to the regulatory, compliance, operational and growth needs of Native American health care clients in business aspects, operational issues, dispute resolution, and intellectual property.
Housing
Following the passage of the Native American Housing and Self -Determination Act in 1996, Fredericks Peebles & Morgan LLP has assisted several tribes and tribal housing entities to reorganize. The reorganization has allowed the new housing enterprises to address the full range of housing needs on reservations and to utilize funding sources beyond that available through the Indian Housing Block Grant. The Firm has helped design innovative homeownership programs and finance mortgaging models. Fredericks Peebles & Morgan LLP has the ability to advise tribal housing authorities on policies and procedures as well as provide information on effectively appearing in court on housing delinquency matters. The firm continues to help tribal housing authorities in development of homeownership opportunities on Indian reservations.
The firm also has experience in acting as counsel in substantial bond and loan financings dedicated to reservation housing development.
Intellectual Property
For centuries, cultural artifacts have been stolen from Native American people, sold and displayed in violation of their beliefs. Similarly, medicinal plants developed over thousands of years by traditional healers have reaped big earnings in the pharmaceutical market -with very small profit shared with the Native originators. Native legend, song, lore and language--few are unscathed by the long history of injustice towards the intellectual property rights of Native people.
One challenge in dealing with these rights is in balancing two distinct ideas as to how they should be handled. One view, subscribed to by many Native Americans, holds that they themselves must protect their own traditions, ideas, innovations and objects, and that only self-protection will guarantee preservation of their property and adequate compensation for its use.
Opposing this perspective is the claim of some states that, because many indigenous knowledge bases and cultural objects have universal value, they are part of the world's common heritage. Under this view, these objects and ideas should be accessible to all in society for legitimate scientific and educational purposes.
Fredericks Peebles & Morgan LLP attorneys understand the significance and value of intellectual property rights to Native American tribes. We help our clients protect their intellectual property resources by prosecuting infringement claims when these rights are violated and defending against infringement claims when they are challenged.
Land Issues
To date, Fredericks Peebles & Morgan LLP has helped numerous Indian tribes place thousands of acres of land in trust, allowing them to restore their traditional homelands, pursue economic development, provide housing and community services, and preserve their natural resources and sacred sites.
In connection with this work, the firm has handled complex real estate transactions, assisted with NEPA compliance, and coordinated with tribal, federal, and private entities to ensure prompt and proper progress. The firm also has supervised the preparation and implementation of environmental site assessments, some of which have led to significant remediation and compliance.
In assisting Indian tribes to acquire trust land acquisitions, Fredericks Peebles & Morgan LLP has prepared and steered acquisition packages through the complex and evolving federal regulatory environment. In some instances, this has involved both defending trust acquisitions in administrative appeals and challenging efforts to hinder those acquisitions. The firm also has experience in administrative rulemaking, regarding revision of the federal regulations governing trust acquisitions, tribal consultations, and administrative appeals.
Taxation
Taxation issues in Indian Country can be quite complex, based on the numerous types of taxes, the several sovereigns that may try and impose taxes, and the various rules governing the taxes' applicability to transactions. Fredericks Peebles & Morgan LLP can advise tribal governments, enterprises, and corporations regarding compliance with applicable federal and state tax laws involving income taxes, property taxes, employment taxes, sales or use and other excise and transactions taxes, available tax exemptions, and tribal government and business tax planning.
The firm's knowledge of tribal taxation issues is very crucial in monitoring new government legislative initiatives that might impact our tribal clients and their businesses associated with new economic development activities. Fredericks Peebles & Morgan LLP takes pride in providing continuing assistance in barring state taxation of activity within Indian Country.
Tribal Sovereignty and Self-Determination
As the continent's first societies, American Indian tribes hold their status as sovereign nations, a power of a people to govern themselves. Self-determination policy is a means by which tribes can realize the full potential of their sovereign powers. In the context of Indian policy, self-determination is a tribally-derived term and concept that entails a totality of tribal goals that can be placed in four interrelated categories: tribal self-rule, cultural survival, economic development, and tribal participation within and without the policy-making process. Fredericks Peebles & Morgan LLP has a comprehensive understanding of the importance of maintaining this status and their accompanying powers. This makes us tireless advocates and vigorous litigators in these vital matters.
Tribal Government
With our experience working hand-in-hand with tribal councils and administrators, the attorneys of Fredericks Peebles & Morgan LLP are aware of key issues facing tribes and tribal organizations. Sovereignty, economic development, governmental funding, public and private financing, health care and gaming – these are just a few of the areas in which Fredericks Peebles & Morgan LLP is well qualified to advise tribal government and tribally controlled entities. We recognize the need for entrepreneurial initiative and action which respects cultural values and protects tribal sovereignty.
