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Program Description

Get the Knowledge You Need to Negotiate Contracts on Tribal Lands

The unique intricacies of Native American land use issues often make contract negotiations difficult. Confusion over jurisdiction, federal government red tape and cultural differences create unexpected challenges for all parties involved. No matter what side of the table you sit on, this comprehensive seminar on Indian country contracts will alleviate much of this confusion and give you useful knowledge you can immediately use in your next round of negotiations. Use your knowledge of the ins and outs of tribal land use law to negotiate contracts that protect your clients' best interests - register today!

  • Differentiate between tribal trust lands, fee lands, allotments and other forms of American Indian land ownership.
  • Understand the process of putting non-reservation land into trust for gaming purposes.
  • Confidently unravel federal red tape when negotiating oil and gas leases on reservations.
  • Confidently negotiate right-of-way agreements in Indian country.
  • Handle tribal land disputes in a culturally responsive manner.

Agenda / Content Covered
Establishing the Framework of Native American Land Ownership
9:00 - 10:15, Neil G. Westesen
Indian Country: What is it?
The Trust Doctrine and Federal Oversight of Indian Lands
Forms of Tribal Land Ownership: Trust Lands, Fee Lands, Allotments etc.
Issues to Understand: Checkerboarding, Fractionation etc.
Jurisdictional Issues: Tribal, Federal and State
Overcoming Tribal Real Estate Development Obstacles
10:30 - 11:45, Melissa Schlichting
Creating Alternative Financing Options for Trust Land Projects
Obtaining Development Grants
Putting Non-Reservation Property into Trust
Negotiating Development Contracts and Management Agreements
Gaming Compacts and Other Considerations for Casinos
Negotiating Oil and Gas Leases in Indian Country
12:45 - 2:00, Colby L. Branch
Statutory Authorization for Oil and Gas Leasing
Indian Mineral Leasing Act
Indian Mineral Development Act
Tribal Energy Resource Agreements
Ensuring Proper Approval of the Tribe and BIA
Determination of Title to Indian Trust Lands
Leasing Procedures and Issues
Dispute Resolution Provisions
Taxation: Double Taxation, Fee Lands vs. Tribal Lands, etc.
Resolving Easement and Right-of-Way Issues on Reservation Lands
2:15 - 3:30, Colby L. Branch and Alan C. Bryan
Rights-of-Way on Tribal Lands: A Statutory and Regulatory Overview
Who Can Authorize Easements on Tribal Lands?
Perpetuity of Easements
Locating Documentation of Existing Right-of-Ways
Appraisal and Valuation of Right-of-Ways
What Role Does the BIA Play in Negotiations?
Status and Effect of BIA's Proposed New Regulations
Ethical Considerations
3:30 - 4:30, Melissa Schlichting and Neil G. Westesen
Understanding Cultural Issues
Conflicts of Interest
Avoiding Grievances/Malpractice
Maintaining Client Confidentiality
Considerations for Attorneys Who Represent Tribes

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