* You will be able to explain applicable requirements to obtain rights to use American Indian lands for infrastructure, oil and gas, renewable energy and other projects.
* You will be able to identify the need for waivers of sovereign immunity and how to draft them.
* You will be able to recognize differences in how land is held by American Indian tribes and by individual American Indians.
* You will be able to review and draft contracts for transactions with American Indian tribes and their business enterprises.
Gain an understanding on the unique legal challenges that can be faced when conducting business with American Indian Tribes.
Many companies and investors conducting business in American Indian land and with American Indian tribes fail to understand the complex body of law governing their transactions and the unique attributes of tribal sovereignty, as well as how these concepts and requirements may influence the ability to timely close a deal or protect a client or business if a dispute subsequently arises. This topic helps companies and investors identify and navigate these issues, with concrete advice on drafting contracts for transactions with American Indian tribes and their business enterprises, how to obtain rights to use land held by American Indian tribes for large scale energy and infrastructure projects, and how HEARTH Act regulations and newly enacted statutory amendments facilitating the development of Tribal Energy Resource Agreements are changing the legal landscape. The information will discuss tribal issues related to projects requiring federal approvals, including compliance with NEPA, Section 106 of the National Historic Preservation Act, and tribal consultation obligations and best practices. This is critical for anyone doing business in American Indian land.
Evolution of Federal American Indian Policy
Tribal Sovereign Immunity and Contracting With American Indian Tribes
ï Waivers of Sovereign Immunity
ï Other Key Terms and Considerations
ï Section 81 Approvals and Encumbrances of Tribal Land
Use of American Indian Lands
ï Land Tenure Distinctions
ï Rights-Of-Way and Leases
ï Hearth Act
ï Tribal Energy Resource Agreements (TERAs)
Permitting Projects Requiring Federal Approvals
ï National Environmental Policy Act (NEPA)
ï National Historic Preservation Act (NHPA) Section 106 and Tribal Consultation
Tommy P. Beaudreau with Latham & Watkins LLP, Janice M. Schneider with Latham & Watkins LLP
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,CPE ,NALA ,Additional credit may be available upon request.