RebeccaL.Kidder Partner

Mrs. Rebecca Kidder joined the firm in 2010 and is the managing partner of the Rapid City, South Dakota office. Mrs. Kidder has extensive experience litigating federal cases involving jurisdiction, taxation, and Housing and Urban Development (“HUD”) allocation of housing funds to tribes and tribally designated housing entities. In addition, she has experience lobbying for funding and legislative changes. Mrs. Kidder represents numerous housing authorities and tribal schools as general counsel, with specialized experience in low-income housing tax credits.

Mrs. Kidder has significant knowledge regarding tribal jurisdictional matters including reservation diminishment claims by states, treaty-based claims, defending tribes and tribal entities against litigation by states and private parties, state taxes, and negotiation of tribal-state tax agreements. In addition to her litigation experience, Mrs. Kidder has assisted one tribe in securing authorization and funding for a multi-million dollar water intake and infrastructure project, and in securing authorization and funding for a new hospital. She has wide-ranging experience in working with federal agencies including the Bureau of Indian Affairs, Indian Health Service, HUD, and others to successfully secure funding and administrative changes that benefit her clients. Mrs. Kidder has also represented several tribes and tribal entities in securing financing for economic development projects including casino expansion, a nursing home, and other community facilities. She has a broad practice in reviewing and drafting contracts for construction, federal procurement requirements, and the development of housing and tribal infrastructure on trust lands.

Mrs. Kidder also serves as general counsel to tribal schools, with a focus on resolving audit disallowed costs and development of school policies. She also has worked to assist tribes in government-to-government consultation efforts which include federal obligations to consult with tribes in allocating education funds.

PRACTICE AREAS:

Taxation, Tribal Housing, Tribal Schools and Education, Tribal Health Programs, Tribal Legal and Physical Infrastructure Development, Water Resources, Real Estate and Finance, Jurisdictional Litigation

ADMISSIONS:

South Dakota; Mississippi (inactive), Supreme Court of the United States; U.S. Court of Appeals for the Eighth Circuit; United States Court of Federal Claims; U.S. District Court for the District of South Dakota; Standing Rock Sioux Tribal Court; Three Affiliated Tribes Tribal Court; Oglala Sioux Tribal Court; Quinault Tribal Court.

EDUCATION:

Yale Law School (J.D., 1997) – Student Editor Yale Law Journal & Yale Law and Policy Review; University of Michigan (B.S., Sociology, 1994)

PRIOR LEGAL EXPERIENCE:

In-house and Special Counsel Legal Counsel to Cheyenne River Sioux Tribe (1997-1998; 2000-2007); Legal Counsel to Cheyenne River Housing Authority (1998-2006); Counsel to tribes, tribal housing authorities, and tribal schools at Abourezk & Zephier, P.C. (2008-2010).

REPRESENTATIVE CASES:

Flandreau Santee Sioux Tribe v. Gerlach, 296 F.Supp.3d 910 (D.S.D. 2017); on appeal Flandreau Santee Sioux Tribe v. Noem, 938 F.3d 928 (8th Cir. 2019), cert. denied (May 26, 2020); Flandreau Santee Sioux Tribe v. Sattgast, 325 F.Supp.3d 995 (D.S.D. 2018); on appeal Flandreau Santee Sioux Tribe v. Haeder, 938 F.3d 941 (8th Cir. 2019), on remand pending decision Flandrea Santee Sioux Tribe v. Terwilliger; Stathis v. Marty Indian School, 2019 S.D. 33 (2019); Yankton Sioux Tribe v. Podhradsky, 606 F.3d 994 (8th Cir. 2010); In the Matter of the Petition for Declaratory Ruling Regarding the Applicability of Domestic Water Use for Longview Farm LLP′s Well, Civ. 09-63, S.D. 1st Cir. (June 2010); Co-counsel in Yankton Sioux Tribe et al v. Kempthorne,442 F.Supp.2d 744 (D.S.D. 2006); Amicus in Oti Kaga v. South Dakota Housing Development Authority, 342 F.3d 871 (8th Cir. 2003); Cheyenne River Housing Authority v. United States Department of Housing and Urban Development, unpublished civ. 03-1052(8th Cir. 2003).

ASSOCIATIONS:

South Dakota Bar Association.

TEACHING POSITIONS:

Teaching Assistant Yale Law School to Professor Owen Fiss and to Sterling Professor the Honorable Guido Calabresi (1997); Business Law Instructor, Cheyenne River Community College (2004).

LEGAL AUTHORSHIP:

106 YALE L. J. 389 (1996) Administrative Discretion Gone Awry: The Reintroduction Of The Public Charge Exclusion For HIV-Positive Refugees And Asylees.

RebeccaL.Kidder Partner

Contact Information

Rapid City, SD rkidder@ndnlaw.com (605) 791-1515 (605) 791-1915