Indian Country Energy and Mineral Development in R M
Transcription
Indian Country Energy and Mineral Development in R M
Rocky Mountain Mineral Law Foundation www.rmmlf.org Special Institute on Energy and Mineral Development in Indian Country Marriott Tucson University Park Hotel Tucson, Arizona November 6–7, 2014 Laws, policies, and practices regarding natural resources development in “Indian country” have evolved considerably in recent years. The pace of energy and mineral development on tribal and other Native American and Alaskan Native lands has greatly increased. The development and transactional landscape has changed, and new entrants into tribal resource development are on the rise. Tribes themselves are actively participating and/or regulating such development. Efforts to streamline the process of development are continuing on both the regulatory and policy fronts, and creative and productive approaches to the laws and policies that affect financing have provided greater security for investing in Indian country resources development. Meanwhile, federal, and some state, agencies are becoming more accommodating to tribal involvement in the development of off-reservation federal lands and resources. This program is essential for anyone investing in, developing, or operating in Indian country, and for tribal and other government officials, academics, and Indian law practitioners. A comprehensive set of electronic course materials and a hosted reception are included in the registration fee. We hope to see you this November. Written course materials and audio recordings are available in various formats if you are unable to attend. See inside for details. Energy and Mineral Development in Indian Country Thursday, November 6, 2014 7:00 – 8:15 am - Registration Marriott Tucson University Park Hotel 8:15 – 8:30 am Introductions and Opening Remarks STEVIA M. WALTHER, Executive Director, Rocky Mountain Mineral Law Foundation, Westminster, Colorado MILAM RANDOLPH PHARO, President, Rocky Mountain Mineral Law Foundation; Of Counsel, Davis Graham & Stubbs LLP, Denver, Colorado CONSTANCE L. ROGERS, Program Co-Chair, Partner, Davis Graham & Stubbs LLP, Denver, Colorado LYNN H. SLADE, Program Co-Chair, Partner, Modrall Sperling, Albuquerque, New Mexico PART ONE – SETTING THE STAGE 8:30 – 9:15 am Why Indian Country? – An Introduction This introduction will provide a framework for the entire program by introducing the unique history of land tenure in “Indian country” and addressing why conventional and unconventional oil and gas, renewable energy, and mineral development in Indian country are on the rise. KEVIN K. WASHBURN, Assistant Secretary for Indian Affairs, U.S. Department of the Interior, Washington, DC 9:15 – 10:45 am Cooperative Development – Doing the Deal: The Moapa Solar Development Setting the stage for the rest of the program, the panel members will present the perspectives of the Moapa Band of Paiutes, the project developer, and the Bureau of Indian Affairs concerning the Moapa Solar Project—the first utility-scale solar project on a tribal reservation. This project serves as an example of cooperative development and gives context to the legal frameworks discussed by other presenters. GLENN M. FELDMAN, Member, Dickinson Wright PLLC, Phoenix, Arizona STAN WEBB, Regional Realty Officer, U.S. Bureau of Indian Affairs, Phoenix, Arizona JENNIFER CARLETON, Shareholder, Brownstein Hyatt Farber Schreck, LLP, Las Vegas, Nevada LYNN H. SLADE, Partner, Modrall Sperling, Albuquerque, New Mexico, Moderator 10:45 – 11:00 am - Coffee Break PART TWO – THE LEGAL LANDSCAPE 11:00 – 11:45 am Federal Management of Tribal Lands and Resources The Non-Intercourse Act, trust responsibility, recent developments on 25 U.S.C. Section 81 and regulations to expedite development, revisions to 25 C.F.R. Part 162 regulations for solar and wind energy development and business leasing, and other authorities will be addressed to better understand how tribal lands and resources are managed. MARIAN C. LALONDE, Of Counsel, Quarles & Brady, LLP, Tucson, Arizona 11:45 am – 1:15 pm - Hosted Buffet Lunch and Presentation Sustaining Relationships through Thick and Thin: Successful Energy and Minerals Development in Indian Country JOSEPH P. KALT, Ford Foundation Professor (Emeritus) of Int’l Political Economy, and Co-Director, Harvard Project on American Indian Economic Development, John F. Kennedy School of Government, Harvard University, Cambridge, Massachusetts 1:15 – 2:00 pm Tribal Management of Tribal Lands and Resources: Environmental Regulation Tribes have sovereign authority to manage most tribal resources, and have delegated authority under some federal environmental laws where they are treated as states. This presentation will provide an overview of tribal environmental regulation of tribal lands and resources, including the federal framework such as the EPA tribal authority rule and the recently adopted new source review. This session will also address the jurisdictional issue inherent in the legal definition of Indian country. WILLIAM C. SCOTT, Partner, Modrall Sperling, Albuquerque, New Mexico 2:00 – 2:45 pm Tribal Management of Tribal Lands and Resources: Business Regulation Tribal laws governing reservation business, including uniform commercial codes, labor and employment laws, and other business and licensing requirements, will be addressed in this session. KATHERINE BELZOWSKI, Attorney, Litigation & Employment Unit, Navajo Nation Department of Justice, Window Rock, Arizona 2:45 – 3:00 pm - Coffee Break 3:00 – 4:15 pm Regulating Commerce: Federal Oversight of the Development of Oil, Gas, and Coal Resources on Indian Lands While tribes have a paramount role in tribal resource development, tribes and companies working on Indian lands remain subject to federal oversight. This presentation will provide an overview of tribal oil & gas and coal leasing, the Indian Mineral Development Act, Tribal Energy Resource Agreements under the Energy Policy Act of 2005, and resource-specific considerations. It will look at a proposed federal rule regulating the use of hydraulic fracturing on Indian lands. The speaker will address direct tribal involvement in oil & gas development and Indian coal leasing, as well as the potential development of coal export terminals and the development of tribal coal. SCOT W. ANDERSON, Partner, Hogan Lovells U.S. LLP, Denver, Colorado 4:15 – 5:00 pm Allottee Issues The process of obtaining contractual rights to develop resources on allotted lands differs from that on tribal lands. This presentation will address tribal, allottee-landowner, and BIA roles, as well as rights and responsibilities in negotiating for contractual rights to, and development of, resources on allotted lands. The session will also address issues regarding tribal authority as to terms and operations on allotted lands, and taxation, regulatory authority, and condemnation issues. JEFFREY HUNT, Chief, Branch of Engineering, Division of Energy and Mineral Development, Office of Indian Energy and Economic Development, U.S. Assistant Secretary - Indian Affairs, Lakewood, Colorado STEPHANIE P. KIGER, Attorney-Adviser, Office of the Solicitor, Southwest Region, U.S. Department of the Interior, Albuquerque, New Mexico SHARON PUDWILL, Attorney-Adviser, Twin Cities Field Solicitor’s Office, Office of the Solicitor, U.S. Department of the Interior, Bloomington, Minnesota 5:00 – 6:00 pm - Hosted Reception Energy and Mineral Development in Indian Country Friday, November 7, 2014 8:00 – 8:15 am Day One Summary and Introduction to Day 2 CONSTANCE L. ROGERS, Program Co-Chair, Partner, Davis Graham & Stubbs LLP, Denver, Colorado LYNN H. SLADE, Program Co-Chair, Partner, Modrall Sperling, Albuquerque, New Mexico 8:15 – 9:00 am Tribal Rights-of-Way Issuance of rights-of-way for conventional and renewable energy development, including electric transmission, pipeline, and access rights-of-way, will be addressed. The presentation will discuss current issues regarding the requirement of tribal consent, allotment, condemnation, and valuation. COLBY L. BRANCH, Partner, Crowley Fleck PLLP, Billings, Montana ALAN C. BRYAN, Partner, Crowley Fleck PLLP, Billings, Montana 9:00 – 9:45 am Dispute Resolution, Enforcement, and Jurisdiction Tribal sovereign immunity; tribal, state and federal court jurisdiction; and enforcement issues—and why these issues matter in “doing the deal” and in cooperative development and operation of natural resources development with tribes—will be the focus of this session. JENNIFER H. WEDDLE, Partner, Greenberg Traurig LLP, Denver, Colorado 9:45 – 10:00 am - Coffee Break 10:00 – 10:45 am Renewable Energy Focus Several tribes have recently developed, or participated in the development of, on-reservation solar and wind projects. This session will provide an overview of the mechanisms for development of tribal renewable energy, especially wind and solar, including business leasing, tax issues, and finance. It will also address the 25 C.F.R. Part 162 regulations, and issues surrounding transmission and transmission corridors. PILAR M. THOMAS, Acting Director, Office of Indian Energy Policy and Programs, Department of Energy, Washington, DC NATHAN A. KARMAN, Of Counsel, AterWynn LLP, Portland, Oregon; Former Attorney, Forest County Potawatomi Community PART THREE – DOING THE DEAL 10:45 – 11:30 am Across the Cultural Divide: Cultivating a Common Business Language and Respectful Working Relationship Businesses and lawyers new to Indian country and tribal business and government leaders at times have encountered obstacles to forming a constructive, respectful business relationship. In addition to the obvious differences in culture, each party’s language of business and economic values may also seem foreign. Two veterans of the search for common ground will describe their experiences and make recommendations for tribes and their business partners on how to cultivate a mutually beneficial business relationship. RYAN C. RUSCHE, Attorney, Assiniboine and Sioux Tribes of the Fort Peck Reservation, Poplar, Montana CAMERON J. CUCH, Vice President, Crescent Point Energy, Roosevelt, Utah 11:30 am – 1:00 pm - Lunch – On Your Own 1:00 – 1:45 pm Basics of Transactions with Indian Tribes: Choice of Entity and Drafting Issues This presentation will address the basics of transactions with tribes, including options for and choice of entity; tax considerations and available incentives; and the mechanisms (and their limitations) for dealing with enforceability, sovereign immunity, jurisdiction, and managing and operating issues that arise when a private party engages in a cooperative business venture with a sovereign. It will also focus on structuring transactions and due diligence. KENT E. RICHEY, Partner, Faegre Baker Daniels LLP, Minneapolis, Minnesota 1:45 – 2:30 pm Cooperative Development: Managing and Operating Issues Operations and management in the context of cooperative development are the focus of this presentation. Important to operations is the interplay between a tribe acting as a business partner and its role as a sovereign, including police powers and the powers of regulation and taxation. MICHAEL P. O’CONNELL, Partner, Stoel Rives LLP, Seattle, Washington 2:30 – 2:45 pm - Coffee Break 2:45 – 3:30 pm Cooperative Development with Indian Tribes: Finance and Lending in Indian Country Traditional financing secured by assets can be complicated in Indian country. Obtaining a valid security interest, lien, or mortgage over protected trust assets has been complicated by rules prohibiting the sale and governing the encumbrance of lands held in trust for tribes or individual Native Americans. Recent changes clarifying and easing restrictions are opening the door to greater outside investment in Indian country in general, and in natural resources development in particular. NANCY J. APPLEBY, Appleby Law PLLC, Alexandria, Virginia 3:30 – 4:30 pm Ethics Issues in Tribal Resource Transactions Federal, state, and tribal anti-corruption laws may apply to business transactions with tribes and tribal members. This presentation will discuss this potential applicability and the ethical ramifications. TROY A. EID, Partner, Greenberg Traurig, LLP, Denver, Colorado 4:30 pm - Course Adjournment ORDER FORM Office Use: Shipped Picked Up Inv # Rocky Mountain Mineral Law Foundation 9191 Sheridan Blvd., Suite 203 Westminster, CO 80031 USA (303) 321-8100 / Fax (303) 321-7657 Name Employer Street Address (no P.O. boxes) City State/Prov Zip/Postal Code Country Telephone ( ) Fax ( ) Email Date Purchase Order No. Tax Exempt No., If Applicable Course materials and audio for Energy and Mineral Development in Indian Country will be available within 4 weeks after the program Unit Price All registrants will receive a link to the online course materials. A hard copy set is available to registrants for $65. See the registration form. Title/Description Qty. NonRMMLF Member Member Total ENERGY AND MINERAL DEVELOPMENT IN INDIAN COUNTRY Looseleaf Manual only (IL5M) $195 $155 $ Digital Manual only (IL5D) (no shipping/handling charges) $195 $155 $ Audio recording (IL5A) $325 $260 $ $455 $360 $ $455 $360 $ Specify audio format: Package (Looseleaf Manual & Audio) – save 10% (IL5MAP) p Downloadable p Audio CD Package (Digital Manual & Audio) – save 10% (IL5DAP) OTHER PUBLICATIONS $ $ Colorado Residents Add Sales Tax (see Colorado Sales Tax Chart) Handling Charge (waived for digital materials only) + $11.00 per order Outside U.S. and Other Services (see Shipping Information) + $ p Federal Express Overnight Bill my FedEx # _________________________________________ TOTAL Colorado Sales Tax Chart $ Shipping Information City-Westminster, County-Jeffco, RTD and State ..........................................8.35% RTD and State ...............................................................................................4% State of Colorado ..........................................................................................2.9% All orders must add $11 per order for handling charges. Domestic: Sent at no additional charge by FedEx Ground. Canadian: Must add $30 per item. International: Must add $65 per item. FedEx Overnight: Please provide your FedEx number. PAYMENT METHOD (Orders will not be filled until payment is received) p Check drawn on a U.S. bank in U.S. Dollars (Payable to Rocky Mountain Mineral Law Foundation) p VISA p MasterCard p American Express Credit Card # Name on Card Exp. Date (month/year) Signature p Electronic Transfer: Contact the Foundation at [email protected] The Rocky Mountain Mineral Law Foundation is a non-profit, tax-exempt corporation (Tax ID #84-6037688). PROGRAM COMMITTEE CONSTANCE L. ROGERS, Co-Chair, Partner, Davis Graham & Stubbs LLP, Denver, Colorado LYNN H. SLADE, Co-Chair, Partner, Modrall Sperling, Albuquerque, New Mexico MARIAN C. LALONDE, Of Counsel, Quarles & Brady, Tucson, Arizona SCOT W. ANDERSON, Partner, Hogan Lovells U.S. LLP, Denver, Colorado MELISSA MEIRINK, Denver, Colorado NEIL G. WESTESEN, Partner, Crowley Fleck PLLP, Bozeman, Montana REID P. CHAMBERS, Partner, Sonosky, Chambers, Sachse, Endreson & Perry, LLP, Washington, DC Energy and Mineral Development in Indian Country ROBERT E. HALL, Assistant Regional Solicitor, Office of the Solicitor Southwest Region, U.S. Department of the Interior, Albuquerque, New Mexico REGISTER ONLINE at www.rmmlf.org Please type or print legibly Name Badge Name (if different from above) Employer Employer Address City/State/Zip Phone ( ) Fax ( ) Attendee Email REGISTRATION FORM (required for confirmations, advance registration list, and program updates) Register online at www.rmmlf.org OR Mail, fax, or email registration form and payment to: Please check all that apply: p Attorney p Landman p CPA p Management p Consultant p Other (please specify): CLE credit requested for the following states: Other credit requested from: Rocky Mountain Mineral Law Foundation 9191 Sheridan Blvd., Ste. 203 Westminster, CO 80031 USA Select your registration category Please pay in U.S. Dollars Registrations Received thru 10/3/14 after 10/3/14 Tel: (303) 321-8100 Non-Member p $785 p $885 Fax: (303) 321-7657 RMMLF Member p $675 p $775 RMMLF Member Law School p $295 p $395 RMMLF Senior Member (Retired) p $295 p $395 Government Agency / Non-Profit* Organization (submit PO# if req’d) p $525 p $625 Student—Full-Time, proof of status required p $35 p $75 Questions/Registrations: [email protected] For membership information, contact the Foundation *IRS tax-exempt status Office Use Only IL5 # INIT REFDT CK# Select your course materials format PAPERLESS p $0 TOTAL: $ p Check drawn on a U.S. bank in U.S. Dollars (Payable to RMMLF) VISA p MasterCard Credit Card # AMT Name on Card INIT Signature p $65 Conference Materials will be provided electronically to ALL attendees about 2 weeks before the course. PAYMENT INFORMATION - PREPAYMENT REQUIRED p HARD COPY (Receive (Electronic materials manual at only) conference) p American Express Exp. Date p Electronic Funds Transfer: Contact the Foundation at [email protected] The Rocky Mountain Mineral Law Foundation is a non-profit, tax-exempt corporation (Tax ID #84-6037688). Energy and Rocky Mountain Mineral Law Foundation 9191 Sheridan Blvd., Suite 203 Westminster, CO 80031 USA (303) 321-8100 / Fax (303) 321-7657 Mineral Development Indian Country Non-Profit Org. U.S. POSTAGE PAID Boulder, Colorado Permit No. 273 GENERAL INFORMATION Room Reservations: The Marriott University Park, 880 East 2d St., Tucson, AZ 85719, has blocked rooms for this Institute until October 10 at the rate of $125/night. A small block of rooms at government rates is also available. Ask for special rates for Rocky Mountain Mineral Law registrants. Contact • • • the Marriott at: Direct 520-792-4100 Online http://tinyurl.com/rockym87A For government attendees to receive a hotel at the government rate (currently $86/night, but that might change by November), go to www.marriott.com/tusup; after entering dates of stay, click on “Special Rates and Awards”; Click on “Group Code” and enter RMMRMMA in the box; Click “Find”. Trouble making room reservations? Contact us at [email protected] Car Rental: Hertz is offering special discounts by referencing Meeting CV#03NJ0009 and Rocky Mountain Mineral Law Foundation. Make reservations at www.hertz.com or call 800-6542240 (U.S.); 800-263-0600 (Canada); or 405-749-4434 (Int’l). Registration Fees: Include course materials, refreshments, and hosted functions as listed in this brochure. These fees do not include hotel costs or transportation. Registrations will be accepted only when accompanied by a check, money order, government purchase order or training form, credit card information, or wiring information. No registrations can be processed without payment. Recording: Audio and video recording of this course are not permit ted without the express authorization of the Foundation. Special Needs: If you have special needs addressed by the ADA, please notify us at least two weeks before the program. in Registration Cancellations: Refunds, less a $50 administra tive fee, will be given for cancellations received by 3:00pm on Friday, October 17, 2014. No refunds will be given thereafter, although substitution of attendees may be made by contacting the Foundation. Cancellations must be made in writing or email to [email protected]. Registrants not entitled to a refund will receive a link to the written and audio materials. For questions on refunds, complaints, and/or program cancellations, please contact our office at 303-321-8100. CLE Credit: Foundation conferences are typically accredited by all mandatory CLE states, the AAPL, NADOA and NALTA, and other professional organizations. Attorneys from certain states may be required to pay an additional fee. This course consists of approxi mately 12.75 hours of continuing education, including 60 minutes of ethics. You must let us know at least 30 days in advance of the conference the states or organizations for which you will need credit (see registration form). The Foundation is a State Bar of California MCLE-approved provider. CPE Credit: Rocky Mountain Mineral Law Foundation is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors through its website: www.learningmarket.org. There are no prerequisites and no advance preparation is required to attend this course. The delivery method is Group–Live, and up to 15.5 CPE credits are available, including 1 ethics credit. The program level is “overview.”