V. Heather Sibbison
Partner
Heather Sibbison serves as chair of the firm's Indian Law
and Tribal Representation practice, which serves clients on
matters related to American Indian, Alaska Native, and Native
Hawaiian issues. Her practice is primarily focused on all matters
related to Indian lands, including trust acquisitions, Indian lands
opinions, Carcieri v. Salazar issues, land claim
settlement issues, and related compliance with the Indian Gaming
Regulatory Act (IGRA) and the Natural Environmental Policy Act
(NEPA).
Heather's long experience with the Indian Reorganization
Act, IGRA, NEPA, various land and water rights settlements,
and the legal issues that have been spawned by the Supreme Court's
decision in Carcieri, enable her to assist clients in developing
and implementing workable fee-to-trust and reservation proclamation
strategies for tribes needing additional land for gaming,
non-gaming economic development, housing or any other use.
Her practice also encompasses extensive representation of tribes
in the tribal-state compacting process, the development of
inter-governmental services agreements and most matters for which
federal administrative approval is required from either the
Department of the Interior (Interior) or the National Indian Gaming
Commission (NIGC). Heather also has been actively engaged in
federal recognition issues, representing clients before the DOI. In
all of these matters, Heather has assisted clients navigate their
issues both with the federal agencies and with the United States
Congress.
Before returning to private practice in 2001, Heather served in
the Office of the Secretary at the Department of the Interior
(Special Assistant to the Secretary, Counselor to the Deputy
Secretary, and Director of the Secretary’s Office of Indian Water
Rights), and also at the Department of Justice (Counsel to the
Assistant Attorney General for Environment and Natural Resources,
focus on work with the Indian Resources Section). During her
federal service, her duties included management of issues related
to fee-to-trust and Indian gaming, and she was lead federal
negotiator in various settlement negotiations involving Indian land
claims, Indian water rights and treaty fishing rights.
Representative Experience
- Assisted a Tribe obtain first fully-articulated administrative
decision on question of whether the Tribe meets the Carcieri v.
Salazer test and continued representation of Tribe in the
"test case" litigation that has followed.
- Assisted a Tribe obtain from the National Indian Gaming
Commission the first positive "Restored Lands" opinion under the
Indian Gaming Regulatory Act issued by either NIGC or the
Department of the Interior outside the context of litigation.
- Assisted a newly recognized, landless Tribe obtain its first
trust land and reservation proclamation.
- Assisted a Tribe obtain full implementation of land and water
rights settlement.
- Assisted a Tribe obtain first "two-part determination" issued
by the Bush Administration.
- Assisted an administratively terminated Tribe in its successful
effort to be restored to the list of federally recognized
tribes.
- Assisted a Tribe obtain Interior support for, and then
congressional enactment of, needed technical amendment to water
rights settlement legislation.
- Assisted tribes in multiple states to negotiate tribal-state
gaming compacts and assisted with the Department of the Interior’s
tribal-state compact approval process.
- Assisted multiple tribes negotiate and draft Memoranda of
Understanding with local governments for the provision of municipal
and other services.
- Assisted multiple tribes negotiate and draft business
arrangements with non-Indian partners, including gaming and
non-gaming economic development.
- Assisted a Tribe obtain negotiate oil and gas lease amendments
necessary to clear title to land to allow for completion of
fee-to-trust process for housing development.
Organizations
- Indian Law Section, Federal Bar Association
- Native American Bar Association
- Tufts Board of Athletics Overseers
- American Bar Association
- Chair, Environment and Natural Resources' Dispute Resolution
Section, 2003–2004
Honors and Awards
- Chambers USA: America's Leading Lawyers for Business
ranking in Native American Law, 2007–2011
- Best Lawyers Ranking, 2010
- Distinguished Service Award, Indian Arts and Crafts Board, US
Department of the Interior, 2002
- Pro Bono Partner of the Year Award, 2001
- Commendation from US Attorney, Western District of Michigan,
for work related to settlement of U.S. v. Michigan treaty
rights dispute, 2000
- US Department of Justice, Environment and Natural Resources
Division, Special Commendation for work related to treaty-based
land claim and fishing rights cases, 1999
Publications
- "Post-Employment Ethics for Former Executive Branch Natural
Resources and Federal Indian Law Attorneys," course materials,
ABA/SEER's 20th Annual Water Law Conference, February 2002
- "The Indian Arts and Crafts Act," course materials, FBA's 27th
Annual Indian Law Conference; pp. 254–257, April 2002
- "A Case Study: Appropriate Legislation Can Be Key to Resolving
Indian/Non-Indian Disputes," Volume 8, No. 2, Dispute
Resolution Magazine, pp. 24–28, Winter 2002
- "Recent Developments in Indian Gaming/Indian Lands Issues,"
course materials, Falmouth Institute's Indian Law Governance
Seminar; Recent Developments in Indian Gaming, September
2007
Presentations
- Guest speaker, issues related to Carcieri v.
Salazar, Federal Indian Law Class, Hastings College of the
Law
- Panelist, "Strategic Planning in Post-Carcieri Indian Country,"
Treaty to Trust to Carcieri: The Economic Future for
Indian Lands CLE Conference, April 2011
- Panelist, "Gaming Related Fee-to-Trust Acquisitions: Legal,
Legislative & Administrative Developments: The 'Artman Memo,'
the 'Echo Hawk Memo,' and Carcieri and its 'Fix,'" 8th
Annual National Indian Gaming Law Summit, December 2010
- Speaker, "Perspectives on Tribal Land Acquisition in 2010: A
Call to Action," Seattle University School of Law: Fee-to-Trust
Conference, June 2010
- Guest speaker, overview of the background, federal Indian law
topics leading up to the Indian Reorganization Act of 1934;
discussed how the Supreme Court case of Carcieri v.
Salazar changed the application of the IRA, Columbia
University NALSA, April 2010
- Panelist, "Why Tribes Should Care About NEPA: Practical
Guidance for Tribal Projects," NEPA: Climate Change, Cumulative
Impacts and Compliance, December 2009
- Panelist, "California Indian Trust Acquisitions After
Carcieri v. Salazar;" California Indian Law Association's
Ninth Annual Indian Law Conference, October 2009
- Panelist, "The 2008 Election Impact: What Kind of Change Can We
Expect?" IMN's Tenth Native American Finance Conference, May
2009
- Panelist, "Hot Topics—Carcieri v. Salazar;" Federal
Bar Association Indian Law Conference, April 2009
- Panelist, "Ethics: The Revolving Door Between Government and
Private Practice," 26th Annual ABA Water Law Conference, February
2008
- Speaker, "The Roundtable: Decision-makers and Indian Lands,"
Mid-Year Federal Bar Indian Law Conference, October 2007
- Speaker, "Recent Developments in Indian Gaming," Falmouth
Institute's Indian Law Governance Seminar, September 2007
- Speaker, "Surging or Pausing: The State of Indian Gaming in New
York," Class II vs. Class III Gaming and Regulations Governing 25
U.S.C. §2719, Albany Law School Government Law Center, March
2007
- Speaker, Native American Heritage Month, Columbia University,
November 2006
- Panelist, "Future of Indian Gaming: Will D.C. Stop the Growth?"
Global Gaming Expo (G2E), November 2006
- Panelist, 14th Annual Region 9 Tribal/EPA Conference,
November 2006
- Panelist, "Ethical Development: A Contradiction in Terms?" 24th
Annual ABA Water Law Conference, February 2006
- Panelist, "Fee-to-Trust: Why Can't We All Just Get Along?"
Northwest Gaming Law Summit, December 2005
- Panelist, "Economic Changes for Native Americans," Groves
Conference on Marriage and Family: Native Americans Dealing with
Change: Identity, Economics, Environment, April 2005
- Panelist, Environmental Panel Discussion, National Press Club,
April 2005
- Panelist, "Creative Use of the Aggressive Implementation of
Environmental Laws to Undermine the Federal Trust Responsibility to
American Indians," The Watching Justice Distinguished Speakers
Series: Creative Undermining of Environmental Protections in the
Bush Administration: A Conversation with Experts on the Environment
and Natural Resources Division, April 2005
- Panelist, "Off-Reservation Gaming: A Case Study," Jena Band of
Choctaw in Logansport, Global Gaming Expo (G2E), October 2004
- Panel leader, "A Review of the Indian Reorganization Act on its
70th Anniversary," Federal Bar Association Indian Law Section's
Sixth Annual Washington, DC, Indian Law Conference, September
2004
- Panelist, "Dealing with the Press in Multi-party, Environmental
Disputes: Challenges with Confidentiality," Federal Bar
Association/Alternative Dispute Resolution Section: Alternative
Dispute Resolution in Environment, Natural Resources and Land Use
Disputes Seminar, February 2004
- Invited speaker, National Capital Area Paralegal Association
2003 Educational Conference: Trends, Predictions, and the Future of
Paralegals, October 2003
- Panel moderator, Indian Gaming, American Bar Association Annual
Conference on Indian Tribes, Natural Resources Conflicts and
Alternative Dispute Resolution, October 2003
- Panelist, "Learning from Experience: The Limits of
Environmental Mediation," American Bar Association/Section of
Dispute Resolution Annual Spring Conference: Insight for Inspired
Practice, March 2003
- Panelist, "Trial Alternatives: Settling Complex Disputes
Between Tribes, States and Local Governments," Fourth Annual
Washington, DC, Indian Law Conference: Of Trusts and Trends:
Emerging Dynamics in Indian Country, November 2002
- Panel moderator, "Disputes Involving Indian Lands," American
Bar Association Annual Conference on Indian Tribes, Natural
Resources Conflicts and Alternative Dispute Resolution, October
2002
- Panelist, "What Tribes Can Do To Protect Their Sovereignty and
Jurisdiction," Federal Bar Association Indian Law Conference:
Reaffirming Tribal Sovereignty in an Era of Judicial Activism,
April 2002
- "Panelist, Understanding the Complexities of Mediating Water
Disputes," American Bar Association/Section of Dispute Resolution
Annual Spring Conference: New Vistas in Dispute Resolution, April
2002
- Speaker, "Post-Employment Ethics for Former Executive Branch
Natural Resources and Federal Indian Law Attorneys," 20th Annual
ABA Water Law Conference: Growth and Scarcity: Managing Water to
Avoid Conflict, February 2002
- Panelist, panel on fee-to-trust, National Congress of American
Indians, 58th Annual Session, November 2001
- Panel moderator, "Issues Inherent in the Settlement of Indian
Land Claims, panelist: Representing Clients Before Federal
Agencies—A View From The Inside," American Bar Association Annual
Conference on Indian Tribes, Natural Resources Conflicts and
Alternative Dispute Resolution, October 2001
< Back