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Our attorneys have extensive experience representing tribes in a wide range of land-related matters, including:

• Preparing and negotiating residential, farm, and business leases, leasehold mortgages, and various other transactions
• Preparing and negotiating rights-of-way issued by the Bureau of Indian Affairs ("BIA")
• Preparing and negotiating licenses and permits as alternatives to leases and rights-of-way to ensure the maintenance of tribal jurisdiction in light of changes in Supreme Court case law treating such lands as equivalent to non-Indian fee lands outside of tribal jurisdiction
• Ensuring compliance with federal regulations governing leases, rights-of-way, life estates, and other transactions relative to tribal lands
• Preparing and negotiating contracts for the development of tribal housing, including infrastructure such as sewage and water treatment facilities
• Developing and drafting tribal legislation governing all aspects of property, including leasing, rights-of-ways, mortgage and foreclosure, eviction, repossession, and tribal land assignments
• Dealing with crop liens, pest abatement, cancellation of commercial farm leases, and other agricultural lease matters

Smith & Jolly knows the importance of the tribal land base and maintaining tribal authority and control over tribal lands. While some may consider the dangers of losing tribal land a problem of the past, Smith & Jolly recognizes that those issues always remain. Even if others are not seeking to outright remove land from the tribal base, tribes consistently face issues related to their land which can deprive tribes of control over their land and effectively operate as a loss of land even if title to the land does not change.

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INDIAN LAW UPDATES

Progress and Lack Therof on Indigineous Rights Declaration

On September 13, 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples by a vote of 143 in favor, 11 abstaining, and only 4 states voting against it. Of... more »

House Passes Native Hawaiian Recognition Bill

On Wednesday, October 24, the House of Representatives passed the Native Hawaiian Government Reorganization Act by a vote of 261-153. The vote was very much along party lines, with every Democrat present... more »

Democratic Presidential Candidates Say 'No' to Prez on the Rez

All top three Democratic Presidential candidates have said they will not attend the Prez on the Rez debate to be held at the Morongo Reservation in August. Senators Barack Obama and Hillary Clinton and... more »

Bush Returning U.S. to Termination Policy

In what is yet another example of the Bush Administration proving that those who do not learn from the past are doomed to repeat it, the administration has responded to the Cobell Settlement before... more »