Gregory Kelly

Practice Areas

Greg and the Firm have particular expertise in the following practice areas:

Federal Indian law, including tax implications; tribal jurisdiction; tribal sovereignty and self determination; and Indian Self Determination and Education Assistance Act, P.L. 93-638 (ISDEAA) (in both contracting and litigation, and including FTCA implications)

Litigation in federal, tribal, state, and administrative courts and tribunals, including Navajo courts and tribunals, and arbitration

Corporate and general business law, including governance, contracts, policies, business formation, and 501(c)(3) recognition by the IRS

Transactions, including large credit facilities; construction contracting for Tribal hospital and school facilities; grant and other funding instruments; and goods and services procurement

Health care law (particularly related to ISDEAA tribal health organizations)

Natural resources and environmental law, including natural resource extraction on tribal lands (oil and gas, and mining)

Cultural resources law, including Navajo Nation and federal laws (NAGPRA and ARPA)

Education law (particularly with respect to tribes and Tribal grant schools under P.L. 100-297)

Administrative law (federal and Navajo Nation)

Tribal municipal and local governance law

Labor and employment law with particular expertise in Navajo Preference in Employment Act (NPEA) compliance and related litigation, including developing policies and procedures for NPEA compliance personnel matters

Navajo land use law, including mineral, business, and general land use leasing; customary land use; grazing permits; eminent domain; and forcible entry and detainer

Navajo Fundamental Law, as set forth in Navajo statute and in decisions of the Navajo courts, and as written about by Navajo law experts

Tribal taxation

Government contracting

Writing legislation, codes, and regulations (particular expertise in Tribal and municipal)

Grants and grant writing (mainly federal)

Career

Greg earned his Juris Doctor from the University of Oregon School of Law in 2007 with an emphasis in indigenous peoples and natural resources law, where he was a teaching fellow, senior editor for the Oregon Review of International Law, and selected for the Order of the Coif. Prior to joining the Frye Law Firm in 2012, now Kelly & Associates, PC, he worked for five years at the Navajo Nation Department of Justice in its Natural Resources and Economic Development Units.

Personal

Greg also has a Masters degree in linguistics and taught English as a Second/Foreign Language in community college and secondary schools in Japan prior to going to law school.

When not working or managing the Firm, Greg enjoys yoga, hiking, telemark skiing, cooking, and playing guitar and mandolin.

Expert in these Jurisdictions

Greg is an expert in Federal Indian Law and Navajo Nation Law. He is a member of the bar in New Mexico, Arizona, Oregon (inactive), and the Navajo Nation, and also licensed in the Federal District Courts for New Mexico, Arizona, and Colorado, and in the Ninth and Tenth Circuit Courts of Appeal.

Clients

Greg's representative clients include:

Navajo Nation Oil and Gas Company (tribally owned company)

Tuba City Regional Health Care Corporation (tribal healthcare organization)

The Kayenta Township Commission (tribal municipal government)

To'Hajiilee Community School Board of Education, Inc. (non-profit and public law 100-297 grant school and tribal organization)

Native Renewables, Inc. (non-profit)

The National Indian Council on Aging, Inc. (non-profit)

Hózhógoh Bee Inna Náás Yit’ih Foundation, Inc. (non-profit)

Experience

Kelly & Associates, PC (formerly Frye & Kelly, PC) Albuquerque, New Mexico

Owner January, 2018 to Present

- Owner (previously partner)

- Practice in federal Indian law; corporate and general business law, and commercial transactions, including hundred million dollar construction transactions; energy, natural resources, and environmental law; archaeological resources law; governmental and municipal law; federal and Navajo Nation educational law; municipal law; administrative law; Tribal telecommunications law; labor and employment law; health care law; Navajo Tribal law

- Conduct civil and administrative litigation in federal, tribal and state courts and tribunals

Frye Law Firm, P.C. Albuquerque, New Mexico

Associate Attorney December 2012 to December 2017

- Practice in federal Indian law; Navajo tribal law; business and corporate law and commercial transactions; energy, natural resources, and environmental law; archaeological resources law

- Conduct civil and administrative litigation in federal, tribal, and state courts and tribunals

Navajo Nation Department of Justice Window Rock, Arizona

Principal Attorney February 2008 to December 2012

- Generally represented and advised the Navajo Nation (NN) and its divisions and programs concerning land use, natural resource matters, energy and economic development and environmental regulation, including NN Division of Natural Resources (e.g., Rangers, Fish & Wildlife, Land Department); NN Environmental Protection Agency (regulatory enforcement); NN trustees (natural resource damage cases under CERCLA); NN Telecommunications Regulatory Commission; NN Division of Community Development; NN Division of Economic Development; and Navajo chapters

- Conducted general civil litigation and appeals in federal court, before Interior Board of Land Appeals and Interior Board of Indian Appeals, and in NN tribal court

- Carried out general transactional work related to land and resource use, grants, public procurement, and joint government powers, including on behalf of chapter governments

- Drafted: proposed tribal and federal laws and regulations and legislative amendments; comments to various U.S. EPA rulemakings under the Clean Air Act; official testimony and correspondence to Congress and state and federal officials on behalf of tribal officials

- Assisted tribal utility in obtaining $34 million competitive grant from the US Department of Commerce for telecommunications system providing last-mile 4g LTE technology

Coit & Dean, PC Eugene and Portland, Oregon

Contract Attorney and Law Clerk January 2007 to January 2008

- Conducted legal research and civil and criminal motion practice

Public Defender Services of Lane County, Inc. Eugene, Oregon

Certified Law Student, Public Defender Clinic Fall 2006

- Represented indigent clients in criminal proceedings and negotiated plea agreements; criminal motion practice; conducted two-day jury trial

Harrang Long Gary Rudnick PC Eugene, Oregon

Law Clerk Summer 2006

- Completed legal research and writing assignments; contributed to 2006 Oregon State Bar employment discrimination CLE

WildLaw Southwest & Utah Environmental Congress Salt Lake City, Utah

Legal Intern Summer 2005

- Researched, prepared and submitted scoping comments and other correspondence to Forest Service; analyzed administrative records, EAs, EISs and Forest Plans; gained experience with NEPA, NFMA, APA and FOIA