Best Practices for Protecting Natural Resources on Tribal Lands: Leading Lawyers Provide Background And Legal Framework for Protecting Rights Over Tribal Natural Resources (Inside the Minds)

Many Native American tribes still control vast areas of land, water, and other natural resources, such as oil, natural gas, timber, and fisheries. The sovereignty that drives tribal political and economic self-determination also calls for tribes to protect their land and natural resources. Best Practices for Protecting Natural Resources on Tribal Lands provides expert guidance in pursuit of these protections and focuses on the following issues, among others:

• An overview of Indian water rights settlements by examining the historical conflicts that gave rise to the judicial recognition of Indian reserved water rights and the decades-long litigation that resulted from tribes attempting to determine the extent of their water rights.
• "Treatment as State" (TAS) provisions in certain federal environmental laws that give Native American tribes the same standard-setting, certification, and permitting authority as states to administer federal environmental programs.
• Protection of tribal sovereignty in the area of natural resources protection, through the examination of the most important challenges facing tribal sovereignty in a time of increased scrutiny by the US Supreme Court.
• Treaties that protect three important tribal rights, including a share of the catch in tribal waters; assurance that tribes cannot be displaced from areas where they have historically caught fish; and whether these treaties may lead to an even broader interpretation (currently being litigated in the Ninth Circuit).

Inside the Minds provides readers with proven business and legal intelligence from leading C-Level executives and lawyers. Each chapter offers thought leadership and expert analysis on an industry, profession, or topic, providing a future-oriented perspective and proven strategies for success. Each author has been selected based on their experience and C-Level standing within the business and legal communities.

Chapters Include:
1. Charles G. Curtis Jr., Donald C. Baur, and Jena A. MacLean, Perkins Coie LLP - "Tribal 'Treatment As State' Programs Under Federal Environmental Statutes: Key Provisions and Case Studies"
2. Thomas W. Fredericks, Fredericks Peebles & Morgan LLP - "Developing a National Indian Water Rights Policy"
3. Blaine I. Green, Pillsbury Winthrop Shaw Pittman LLP - "One Size Does Not Fit All: Different Approaches to Conservation and Development of Tribal Resources"
4. Kaighn Smith Jr., Drummond Woodsum MacMahon - "Nuances and Challenges of Protecting Tribal Sovereignty"
5. Jeffrey J. Wechsler, Montgomery & Andrews - "Rights of Way on Tribal Lands, Tribal Water Rights Issues, and Environmental Regulation in Indian Country"
6. Bart Freedman, K&L Gates LLP - "Preventing Conflicts When Developing Projects on Tribal Lands and Resolving Disputes"


Appendices include:
Appendix A: Water Use and Administration Code (Draft)
Appendix B: Current Regulatory Developments of Three Affiliated Tribes—Fort Berthold Reservation—MHA Energy Division
Appendix C: List of Authorities
Appendix D: Article: Michigan v. Bay Mills Indian Community
Appendix E: Article: The "Culvert Decision" in United States v. Washington