State and Federal Law Implementation; As a leader in the development of state and federal cultural preservation laws, The Circle Law Group can advise tribal governments regarding the implementation of those laws.
Consideration of all tribal, state and federal issues that might arise can require advice, counseling, negotiation and representation in the following areas:
➤ Negotiation of cultural resource protection and tribal monitoring agreements.
➤ State general planning process participation including consultation with local governments, developing mitigation agreements, and identifying preservation issues under tribal, state and federal law.
➤ Developing protocols for effective consultation between tribal and local governments during the general planning process.
➤ Compliance with, and implementation, of the Native American Graves Protection and Repatriation Act.
➤ Determining the applicability of tribal, local, state and federal land use, and environmental laws and policies on a particular site or development.
➤ Where no other option is feasible, litigation based on state or federal law violations during the planning and development process.
The future of Indian Tribes and Nations depends upon the success of our future generations. An important role of Indian Tribes is to ensure that the Indian Child Welfare Act (ICWA) is properly implemented by State Courts. The Circle Law Group has represented many California Indian tribes to establish ICWA policies and forms to establish tribal standards for placement of tribal children, and to enforce tribal placement preferences in State Courts. Having been a representative on the Governor's Children's Justice Act Task Force, The Circle Law Group's founder Michelle advocates for tribal court funding and development of protocols between tribal, and local governments, to implement the ICWA more effectively.