Federal Indian Law 101 (2024 Edition)

Kayla Gebeck Carroll
Kenneth W. Parsons
James T. Meggesto
Kayla Gebeck Carroll | Holland & Knight LLP
Kenneth W. Parsons | Holland & Knight LLP
James T. Meggesto | Holland & Knight LLP
On-Demand: November 9, 2023

$195.00 2 hour CLE

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Program Summary

This course will provide you with an overview of the law impacting tribal governments in the United States. Speakers will outline the foundational legislation and cases that gave rise to the current laws and policies governing U.S.-Tribal relations and provide an overview of more recent developments impacting tribal sovereignty. The presentation will cover topics including the intersection of federal, state, and tribal jurisdiction, taxation, Indian gaming, economic development, and natural resource issues.

Key topics to be discussed:

  • Intersection of federal, state, and tribal jurisdiction
  • Taxation
  • Indian gaming
  • Economic development
  • Natural resource issues

Date / Time: January 24, 2024

Closed-captioning available

Speakers

Kayla Gebeck Carroll_myLawCLEKayla Gebeck Carroll | Holland & Knight LLP

Kayla Gebeck Carroll is an attorney in Holland & Knight’s Public Policy and Regulation Group. Ms. Gebeck Carroll provides strategic advice and counsel as well as developing federal advocacy strategies for corporations, coalitions, tribal governments and Alaska Native Corporations before Congress and the executive branch. Ms. Gebeck Carroll’s areas of focus include agriculture, trade, natural resources, environment, transportation, tax, appropriations, economic development and diversification, government contracts, self governance, social services, trust land and United States-Canada border crossing.

Ms. Gebeck Carroll develops and advocates for legislation and federal policies in these focus areas as well as coordinating and preparing clients to testify at congressional and agency roundtables, hearings and listeningsessions. Additionally, she advises clients on new guidance and legislation affecting their governments, enterprises and members through informational webinars, regular reporting and effective briefing materials. To achieve client results, Ms. Gebeck Carroll maintains close relationships with an array of congressional and agency staffers. She has particular experience working with the U.S. Department of Interior (DOI), U.S. Department of Agriculture (USDA), U.S. Department of Homeland Security (DHS) and the U.S. Small Business Administration (SBA).

Prior to joining Holland & Knight, Ms. Gebeck Carroll served as a policy analyst for the Native American Finance Officers Association. In this position, Ms. Gebeck Carroll advocated the views and concerns of tribal governments in the areas of access to capital, tax, and finance policy.

 

Kenneth W. Parsons_myLawCLEKenneth W. Parsons | Holland & Knight LLP

Kenneth W. Parsons is an attorney whose practice focuses on resolving critical tax and business organizational issues for tax-exempt organizations and Native American governments. Based in Holland & Knight’s Washington, D.C., office, Mr. Parsons provides tax planning and compliance advice, and regularly represents clients in ruling requests, audits and tax controversies.

Native American Governments

Mr. Parsons represents Native American governments across the country on tax and business structuring issues. His experience includes advising on reporting and withholding obligations, drafting minors’ trusts and deferred per capita plans, and tax planning under the Tribal General Welfare Exclusion Act of 2014. He also provides counsel on numerous other aspects of law with tax implications for Native American governments and their members, including the Kiddie Tax, distributions from trust lands and trust resources, and the tribal expenditure opportunities and compliance requirements under the Coronavirus Aid, Relief and Economic Security Act’s (CARES Act) Coronavirus Relief Fund and the American Rescue Plan’s Fiscal Recovery Fund. Mr. Parsons assists tribal governments and casinos through every stage of IRS audits, from effectively responding to Information Document Requests, to negotiating tax liabilities and penalties. He also advises Indian tribal governments on the formation and utilization of Section 17 corporations, tribal authorities and other business structures.

Nonprofit Organizations

Mr. Parsons advises nonprofit organizations on a variety of issues, including obtaining and maintaining tax-exempt status, limitations on lobbying and the unrelated business income tax. His clients include public charities, trade associations and social welfare organizations. He also has experience with acquisitions and other combinations involving tax-exempt organizations.

Energy

Mr. Parsons provides counsel on the tax-related aspects of energy, including fuel taxes, alternative fuel and energy tax credits and nuclear decommissioning funds. His clients include biofuels producers and state-owned power authorities.

 

James T. Meggesto, Esq._Holland & Knight_myLawCLEJames T. Meggesto | Holland & Knight LLP

James T. Meggesto is an attorney based in Holland & Knight’s Washington, D.C., office and leader of the Native American Law Team. He focuses his practice on legal matters involving Native American tribes, including issues involving policy and regulation, public law, tribal sovereignty, gaming and compact negotiation, sports betting, project development, energy and natural resources, cannabis, finance and litigation.

Mr. Meggesto began his career in Native American affairs in Washington, D.C., nearly 30 years ago as a staff professional at the National Congress of American Indians, focusing on intergovernmental affairs, including the first ever White House meeting between the president and tribal leaders from all federally recognized Indian tribes. He has spent his entire legal career in Washington, D.C., practicing federal Indian law and representing Indian tribes and entities in innovative and groundbreaking matters. In his role as the leader of the Native American practice at Holland & Knight, he
ensures that clients are provided with the full range of legal services needed in Indian Country from the platform of a full-service international law firm.

Throughout his career, Mr. Meggesto has been devoted to the exclusive representation of Indian tribes, tribal governmental entities and economic ventures that do business with Indian tribes. Mr. Meggesto represents Indian tribes and tribal interests nationwide and in federal, state and tribal courts as well as before Congress and federal agencies. He has argued cases in several federal district courts, multiple circuit courts of appeals and has second-chaired two Indian law cases before the United States Supreme Court. Mr. Meggesto has also argued cases in several tribal courts. Typical tribal representations involve complex litigation and transactional matters, such as gaming laws, land-into-trust matters, economic development initiatives and federal treaty rights litigation.

In addition, Mr. Meggesto is a frequent speaker on Native American topics and is often quoted in print and digital media on emerging issues involving Indian tribes or tribal law.

Mr. Meggesto was provided a high honor by the Ponca Tribe of Nebraska by being made an honorary member of the tribe as of November 2018.

Agenda

I. Intersection of federal, state, and tribal jurisdiction | 2:00pm – 2:30pm

II. Taxation | 2:30am – 3:00pm

Break | 3:00pm – 3:10pm

III. Indian gaming | 3:10pm – 3:30pm

IV. Economic development | 3:30pm – 3:50pm

V. Natural resource issues | 3:50pm – 4:10pm