Tribal Sovereignty and Development

Tribal Self – Governance

A Tribe’s inherent sovereignty is one of the most important assets Tribes possess. Establishing a thriving tribal economy and successful business operations depends largely on how a Tribe chooses to exercise its sovereignty. Now that there are almost 600 federally-recognized tribes throughout the United States, tribes are exercising sovereignty in a different ways.

Our attorneys are experienced in counseling Tribes and tribal entities with developing statutory and regulatory framework to create a tribal governmental as well as an economic environment that stimulates development and opportunities, including:

• Development of Tribal Constitutions including revisions and amendments
• Negotiating Self-Governance Compacts with the Bureau of Indian Affairs
• Negotiating Intergovernmental agreements with States and local units of state government
• Drafting and revising tribal codes and regulations
• Election matters (both tribal and Secretarial)

Tribal Gaming

Gaming has formed a financial foundation enabling tribes and tribal entities to exercise sovereignty and self determination. The importance of establishing sound tribal regulatory and governing structures to ensure and optimize continued operations cannot be understated. Our attorneys, including a former in-house tribal attorney who is a nationally published author on various Indian law topics and a former top state attorney for gaming enforcement, have extensive experience in establishing and preserving successful gaming operations, including:

• Negotiating Tribal Gaming Compacts with States
• Structuring of Intergovernmental Agreements with local governments
• Establishing and strengthening tribal legislation and regulations
• Drafting and submission of Tribal Revenue Allocation Plans (Per capita)
• Launching tactical responses to adverse regulatory determinations

Finance and Capital Raising

Tribes are uniquely situated to access funds through a wide variety of traditional debt financing as well as state and federal grants and government secured financing. Our attorneys have experience assisting with accessing funding and developing structures to access other available financial incentives and leveraging opportunities, including:

• Government secured financing
• Government tax-exempt bond financing
• Taxable bond financing
• Commercial and syndicated financing

Real Estate

Tribes are confronted with a wide range of real estate issues involving both on and off reservation property. Our attorneys have extensive experience providing legal and practical advice in every facet of the real estate business including: 

• Fee-to-Trust land acquisitions under 25 C.F.R. Part 151 
• Lead Organizers in reparation of Environmental Assessments and Environmental Impact Statements (NEPA Compliance) 
• Fee Acquisitions or Sales 
• Financing, Development, and Management 
• Leasing (25 U.S.C. § 81 and 25 U.S.C. § 415)

Economic Development and Expansion

Business and enterprise diversification enables Tribes to leverage revenues for expanding tribal member benefits and services. Many tribes, gaming and non-gaming, are now able to leverage tribal assets to develop reservation businesses and expand already flourishing economic development activities. Our attorneys are experienced in providing strategic advice critical to the development and growth of tribal businesses and enterprises, including:

• Hotel and Resort Development
• Drafting of Section 17 Corporations Charters under the Indian Reorganization Act
• Structuring and negotiating joint venture transactions (Leases in a tribal commercial park located near a casino)
• Incorporation of tribally-owned businesses under tribal, state or federal law
• Access to federal grants to promote business initiative (Wind energy)
• Technology licensing
• Capital financing
• Minority business enterprises (including Section 8(a) entities)
• Taxation

Labor Relations and Employee Benefits

Tribes are routinely one of their region’s largest employers with large numbers of both Indian and non-Indian employees. Our attorneys provide complete employment law counseling and human resource assistance, and have conducted private training sessions on the National Labor and Relations Act for tribal leaders, tribal attorneys, and casino and business management staff.

We bring knowledge, experience, innovation and effective communication to help Tribes, acting as employers, balance their practical business goals and the legal requirements that apply to:

• Enactment of Tribal Labor and Employment Legislation
• Labor and Employment law counseling
• Representation before State and Federal administrative agencies
• Labor relations and unionization
• Employee benefits plans (401(k) and pension plans)
• Personnel policies and employer handbooks

Tribal Gaming Regulation

Tribal Gaming Commissions are the first line of tribal gaming regulation and protection of tribal assets generated from gaming. Our attorneys have served as the General Counsel to tribal gaming commissions and have served in other capacities to gaming commission throughout the country and have extensive experience, including:

• Ensuring Management Companies comply with Management Contract
• Submissions of various reports/certifications required by the NIGC
• Representation in gaming commission administrative compliance hearings
• Drafting of Rules and Regulations

Health Care

Health care can be one of the largest areas where Tribes exert self governance and self determination by providing treatment and care facilities for tribal members. Our attorneys regularly assist clients with health care issues in a broad range of business transactions and regulatory matters including:

• Contracting with Indian Health Service
• Corporate structuring and Acquisitions/Affiliations
• System design and development and provider integration
• Establishing and contracting with managed care networks
• HIPAA and compliance initiatives

Commercial and Residential Construction

The expansion of tribal businesses and services through self-governance has resulted in an increasing demand for complex legal advice regarding commercial and residential construction. Our attorneys have experience with all types of projects working with private contractors as well as the Bureau of Indian Affairs staff including:

• Single and multi-family residential
• Commercial office, retail, entertainment and mixed use
• Industrial, Road, bridge and tunnel work, and Power plants
• Pre-construction services arrangements
• Construction liens and bonding
• Construction lending and draw administration
• Customized in-house training in contract administration
• Dispute resolution and construction litigation

Environmental

As a result of continued economic expansion, tribes are increasingly faced with environmental and liability issues. Our attorneys are experienced in interceding with regulatory agencies and resolving environmental issues raised in connection with:

• NEPA, Energy Policy Act of 2005, Clean Water Act, and Clear Air Act
• Site selection of major industrial and commercial facilities and developments
• Wetlands and other natural resources protection
• Cleanup cost liability
• Solid waste regulatory issues
• Hazardous wastes and toxic substances
• Water quality issues
• Environmental litigation

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