Indian Law 101
Friday, October 10, 2003 ~ 9:00 a.m. to 5:00 p.m.
Barona Valley Ranch Resort and Casino, San Diego, California
Registration fee $250 before October 3rd. $300 after October 3rd.
7 Hours of CLE Credit (All net proceeds will fund the ILP Scholarship Endowment.)

Topics Include

• History of Federal Indian Law - Professor Robert Clinton, ASU
• Public Law 280 - Professor Carole Goldberg, UCLA
• Civil Jurisdiction - Professor Rebecca Tsosie, ASU
• Contracting in Indian Country - Steve Heeley, Chair of the Federal Indian Law and Gaming Practice Group and Partner, Quarles & Brady Streich Lang
• Gaming Law - Professor Kevin Gover, ASU
• Indian Taxation - Mark Horvath, Sole Practitioner
• Tribal Labor Law - Brad Bledsoe Downes, Senior Associate, Dorsey & Whitney

Registration on-line at www.law.asu.edu/programs/cle or call Amanda Breaux at (480) 965-6405

THE AMERICAN INDIAN RELIGIOUS FREEDOM ACT'S 25TH ANNIVERSARY:
PAST ACCOMPLISHMENTS AND FUTURE CHALLENGES

Friday, October 24, 2003 ~ 9:00 a.m. to 5:00 p.m.
ASU College of Law Great Hall, Tempe, Arizona
Registration fee $20.00 (This fee is to help cover printing expenses. Hardship Fee Waivers Available)

Symposium Sponsored by the ASU Indian Legal Program, American Indian Studies, and Lincoln Center for Applied Ethics

This Conference is directed to examining the American Indian Religious Freedom Act, and the derivative statute protecting Native cultural rights, the Native American Graves Protection and Repatriation Act. The Conference will feature an historical view of the statute, as well as issues of implementation, including protection of the peyote tradition for members of the Native American Church, sacred sites protection, the rights of Native people incarcerated in the prison system.

Registration on-line soon at www.law.asu.edu/AIRFA or call Kate Rosier at (480) 965-6204

STUDENTS
Dr. John Molina (Pascua Yaqui 3L) was honored by Valley de Sol for his contributions to the Guadalupe community. See the article in the September 5th issue of the Arizona Republic. Congrats Dr. Molina!

Quannah Gee (Creek/Navajo 3L) recently accepted an associate position with Quarles & Brady Streich Lang. Quannah worked with Quarles this summer and participated in the firm's Joint Clerkship with the Gila River Indian Community. Congrats Quannah!

ALUMNI
Faith Klepper ('97) - is working in the Appeals Division of the Maricopa County Attorney's Office. 

Jennifer Giff ('95) - was recently promoted to Senior Counsel of the Gila River Indian Community Law Office. Jennifer has been serving her tribe since 1995.

PROFESSORS
Professor Rebecca Tsosie will have a chapter in this upcoming book to be published this Fall: Land, Culture, and Community: Envisioning Native American Sovereignty and National Identity in the Twenty-First Century, in The Future of Indigenous Peoples: Strategies for Survival and Development, Duane Champagne (Editor) and Ismael Abu-Saad (Editor) Fall 2003. 

Professor Robert Clinton and Professor Rebecca Tsosie have completed their new casebook along with Carole Goldberg from UCLA. American Indian Law: Native Nations & the Federal System (4th Ed.) and a companion Statutory & Regulatory Supplement will be published later this year by Matthew Bender/Lexis-Nexis.

Professor Kevin Gover was featured today on Native American Calling, a Native American radio station out of the University of New Mexico. The program was to discuss drugs and alcoholism in Indian Country. Professor Gover was also featured in yesterday's issue of the Arizona Republic. 

ASU Indian Law Clinic!
After much discussion and planning, the Indian Legal Program is looking to hire a Clinical Associate Professor to run the ASU Indian Law Clinic. The new hire will work closely with Professors Tsosie, Clinton and Gover to make the clinic a success! Please pass the announcement along to anyone you think would be a good fit for the program. If you have any questions, feel free to email or call.

ASU Clinical Associate Professor
The Arizona State University College of Law invites applications for the position (Instructional professional/Associate Professor) of clinical associate professor in the law school's in-house civil practice clinic or for the positions of Director of Lodestar Mediation Clinic or Director of Indian Law Clinic at the associate/full clinical professor level. All candidates must have a JD degree, experience as a lawyer and a demonstrated potential for scholarship appropriate to appointment category. Application deadline is September 1, 2003; if not filled, the 1st of each month thereafter until search is closed. Submit resume (AALS application accepted) to Ms Jan Spence, Coordinator for Appointments Committee, Arizona State University College of Law, P.O. Box 877906, Tempe, AZ 85287-7906. AA/EOE

PROSPECTIVE STUDENTS
October 1st is the start of the admission season. Now is the time to get your applications ready! If you have any questions please call me and I can help you with the application process. Don't wait until the deadline. 

U.S. SUPREME COURT BULLETIN
Information found it at: http://www.narf.org/nill/2003-2004update.htm

Alabama-Coushatta Tribe of Texas v. Texas Docket No. 03-270

Subjects: Alabama-Coushatta Tribes of Texas; Texas; Indian gaming; Gambling on Indian reservations -- Alabama-Coushatta Tribes of Texas; Gambling -- Law and legislation -- Texas; United States. Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act.

*Issues: (1) Given disapproval by this court in 1998 of hypothetical jurisdiction, can Fifth Circuit now rely on dicta in 1994 Fifth Circuit decision--to effect that statutes restoring Ysleta Tribe to federal status, rather than Indian Gaming Regulatory Act, governed Ysleta Tribe's gaming activity and that federal courts had no jurisdiction to consider Ysleta Tribe's claims under those restoration statutes--to deny Alabama-Coushatta Tribe's requested declaration of its gaming rights? (2) Is remand appropriate when dicta in Ysleta del Sur Pueblo v. Texas, now being relied upon to deny Alabama-Coushatta right to gaming, was wrong?

History: Petition for certiorari was filed on 8/19/2003.

*Holding below: (Unreported decision from the 5th cir.) Trial court's ruling in favor of state, enjoining Alabama Coushatta Tribe of Texas from conducting gaming on its lands in accordance with Ysleta del Sur Pueblo and Alabama Coushatta Indian Tribes of Texas Restoration Act, is affirmed on basis of Ysleta del Sur Pueblo v. Texas, 36 F.3d 1325 (5th Cir. 1994), which construed Restoration Act provision stating that "[a]ll gaming activities which are prohibited by the laws of the State of Texas" are prohibited on tribal lands of Ysleta del Sur Pueblo--which is parallel to provision regarding Alabama Coushatta lands--to prohibit Ysleta del Sur Pueblo from engaging in any gaming activity prohibited by Texas law; contention that such interpretation in Ysleta del Sur Pueblo was dicta is meritless.

David Selden, Law Librarian
National Indian Law Library/Native American Rights Fund
1522 Broadway
Boulder, CO 80302
p (303) 447-8760
f (303) 443-7776
dselden@narf.org
http://www.narf.org/nill/Nillindex.html
Search the NILL Catalog: http://wanderer.aescon.com/webpubs/webcat.htm

WORK WANTED
If anyone is looking for project work in Indian Law, please contact me. I have an ILP graduate who is interested in picking up some extra work. (480) 965-6204

JOBS
The Nisqually Indian Tribe seeks an attorney with two to six years of experience in Indian, contract, and acquisition law. Specific experience with government, construction, and employment contracting is desired. In addition to the above experience, the applicant may also have experience with the Indian Gaming Regulatory Act (IGRA), tribal sovereignty, employment law, and tribal jurisdiction.

Attorney should also have working familiarity with the Windows and Macintosh operating systems. Salary ranges from $69,281 to $92,843 depending upon experience. Please provide resume, cover letter, references, and three to five page writing sample via e-mail, postal service, or shipper. Postal or shipped applications should be sent to:

Nisqually Indian Tribe
Legal Department Job Application
4820 She-Nah-Num Drive S.E.
Olympia, WA 98513

E-mail applications should be sent to nisquallyattorney@reachone.com with the subject line "Attorney Opening." 

Applicants must be a member of the Washington State Bar or able to pass the Washington Bar within six months of hiring. Applications must be received and complete not later than 5:00 p.m., October 7, 2003. All questions should be directed to Aaron Youckton at 360.456.5221, ext. 151.

EPA Tribal - Idaho and Oregon Tribal Coordinator Position(s) 

Please circulate as appropriate to applicants interested in federal career working with a wonderful team in the EPA R10 Tribal Office, and EPA staff in the Idaho and Oregon Operations Office (and of course, the fantastic opportunity to work with the Tribal governments/tribal environmental staffers, respectively in what is now Idaho and Oregon).

Hiring Organization: Environmental Protection Agency
Announcement Number: Reg 10-DE-2003-0113
Position: Environmental Protection Specialist (RCT), GS-028-11/12 
Series/Grade: GS-0028-11/12
Salary Range: $47,110.00 TO $75,646.00
Promotion Potential: GS-12
Duty Location: 1 vacancy in Boise, ID & 1 vacancy in Portland, OR
Opening Date: 09/17/2003
Closing Date: 10/01/2003

U.S. Environmental Protection Agency
Merit Promotion Vacancy Announcement

Environmental Protection Specialist, GS-028-11/12
Full performance level is GS-12
LOCATIONS: US EPA Region 10, Office of Tribal Operations, Boise, Idaho, US EPA Region 10, Office of Tribal Operations, Portland, Oregon

****PLEASE READ ALL INFORMATION CAREFULLY. There are 2 positions to be filled.****

WHO MAY APPLY: Applications will be accepted from all U.S. Citizens. No previous Federal experience is required. Applicants eligible under the Career Transition Assistance Program (CTAP) and the Interagency Career Transition Assistance Program (ICTAP) may apply.

LIMITED RELOCATION EXPENSES ARE AUTHORIZED FOR THIS POSITION.

(Current and former Federal employees with competitive status should apply under merit promotion announcement, Reg 10-MP-2003-0114, being advertised concurrently with this announcement). Applicants must apply separately for each announcement to receive consideration. There are 2 vacancies only.

POSITION INFORMATION
Type of Appointment - Permanent, Full Time
Full Performance Level -- GS-12

Two positions are being advertised. One is located in the Office of Tribal Operations in Boise, Idaho. A second position is located in the Office of Tribal Operations in Portland, Oregon.

Duties and Responsibilities - The incumbent serves as a Tribal Coordinator in the Office of Tribal Operations. One position's duty station is physically located in Boise, Idaho ("Idaho position"). The second position's duty station is physically located in Portland, Oregon. At the full performance level, each incumbent's primary duties and responsibilities will be Grants Management and to serve as a Project Officer with Tribes in this capacity. Tribal Coordinator will also be responsible for coordinating and focusing EPA resources targeted on environmental and public health problems in Tribes. Provides Tribes with information regarding EPA programs. Tribal Coordinator is proactive in addressing Tribal environmental needs, by building and maintaining regular relationships with Tribal Councils, Natural Resource Directors, and staff. Assists Tribes to define and assess their environmental problems and to develop environmental management Capacity. Assists EPA Tribal Operations Office staff in coordination of grants management for Tribes to ensure efficient communication with Tribal Operations Office staff. Includes working closely with Operations Office Director on Tribal issues to communicate with Tribes and to develop an appreciation for Tribes' special social, cultural and historical perspectives and approaches to environmental protection and problem solving. Role extends beyond being a resource to Operations Office staff, the Tribal Coordinator also serves as a mentor to Operations Office staff on how to develop effective working relationships with Tribes. Coordinates EPA activities related to Tribes with similar activities of other federal and state agencies. 

This position may require 10-15 days travel per month.

QUALIFICATION REQUIREMENTS

SPECIALIZED EXPERIENCE: All applicants must have one year experience in or directly related to the line of work of this position that has equipped them with the knowledge, skills and abilities to successfully perform the duties of the position. To be creditable, the specialized experience must be at least equivalent to the next lower grade.

Qualifying specialized experience for this position includes: knowledge of American Indian social and cultural history and traditions; experience working with Tribes; specific experience working with Tribes as a federal grant project officer; knowledge of EPA's programs, regulations and policies; ability to coordinate or liaison with Tribes and relevant stakeholders on matters
affecting Tribes, including citizens, interest groups, businesses, and other government agencies; ability to communicate detailed technical policy and procedural information to all stakeholders in the cross-cultural environment; and/or, ability to form and work in teams comprised of representatives from diverse organizations to identify problems, develop consensus or compromise, obtain commitments.

If claiming education in lieu of experience, college transcripts MUST be attached (copies are acceptable).

At the GS-11 level: Ph.D. or equivalent doctoral degree or three full years of progressively higher level graduate education in a relevant field of study OR one or more years of specialized experience equivalent to at least the next lower grade level in the Federal government that included evaluating and analyzing environmental protection programs, policies and/or regulations; applying analytical techniques in resolving problems of environmental protection procedures or facts; communicating information orally or in writing to management; and providing guidance and assistance to Federal, state, and/or local governments on matters of environmental protection.

GS-12: There is no allowable substitution of education for the GS-12 level. One year of specialized experience equivalent to the GS-11 grade level.

Transcripts must be submitted to Human Resources by the closing date of the announcement.

In order to be considered qualified, applicants must demonstrate that they possess specialized experience in their resume and responses to questions.

Additional information can be obtained from the Office of Personnel Management's web site, http://www.opm.gov/

Applicants will be rated on the extent and quality of experience, education, and training relevant to the duties of the position. Eligible applicants will receive a numerical rating based on their responses to the application questions for this position submitted on-line via EZHire@EPA. These responses must be substantiated by your online resume. Applicants who do not respond to the application questions may be rated ineligible.

WARNING! Your answers will be verified against information provided in your on-line resume. Be sure that your resume clearly support your responses to all the questions by addressing experience and education relevant to this position. If you exaggerate or falsify your experience and/or education, you may be removed from employment consideration. You should make a fair and accurate assessment of your qualifications.

EDUCATION REQUIREMENTS

Proof of successful completion of required course work MUST be submitted by the closing date of the announcement.

Education completed in foreign colleges or universities may be used to meet the requirements for this position if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is the responsibility of the applicant to provide such evidence by the closing date of the announcement.

TIME IN GRADE Federal employees must meet time in grade within 30 days of the closing date of the announcement.

TRAVEL/RELOCATION EXPENSES Limited travel, transportation, and relocation expenses are authorized and will be paid by the Federal Government.

HOW TO APPLY FOR THIS VACANCY ANNOUNCEMENT Resume and application questions for this vacancy MUST be received on-line via the EZHire@EPA web site BEFORE midnight Eastern Time on the closing date of this announcement. If you fail to submit a COMPLETE online resume, you WILL NOT be considered for this position. Paper applications WILL NOT be accepted and requests for extensions WILL NOT be granted.

Unless otherwise stated in this announcement, all required supplemental application materials MUST be received by the closing date of the announcement (including Saturdays, Sundays, or government holidays). This proof must be sent to either the contact address or fax number identified below and must include the announcement number for which applying. (FAX Number: 206-553-4672).

If applying online poses a hardship to any applicant, the Servicing Personnel Office listed on the announcement will provide assistance to ensure that applications are submitted online by the closing date.

Applicants MUST CONTACT the Servicing Personnel Office PRIOR TO THE CLOSING DATE to speak to someone who can provide assistance for online submission. If you have accessed this announcement from an alternate web site please visit http://www.epa.gov/ezhire to apply for this position.

Questions regarding this announcement should be referred to the Human Resources Unit, Region 10 at the address listed below.

WHERE TO SEND YOUR SUPPLEMENTAL APPLICATION MATERIALS: 

Unless otherwise stated in this announcement, all required supplemental application materials must be postmarked by the closing date of the announcement. This proof must be sent to the Human Resources Unit, Region 10 at the address identified below and must include the announcement number for which applying. Supplemental application materials sent in U.S. Government postage paid envelopes will not be considered. All status candidates and reinstatement eligible must submit a copy of their SF 50 showing career, career-conditional, or reinstatement eligibility.

MAILING ADDRESS:
US EPA, Region 10
1200 6th Avenue, OMP-162
Seattle, Washington 98101
(FAX Number: 206-553-4672)
Attn: Regina

COMMENTS or SUGGESTIONS?
If any of you have comments or suggestions about how we can improve the Indian Legal Program, please give me a call or email me at the above address. (480) 965-6204.