Practice Areas & Industries: Bracewell & Giuliani LLP

Practice/Industry Group Overview

There are more than 560 federally recognized Native American tribes in the United States.  At the same time, there is unprecedented interest by investors and entrepreneurs in energy, natural resource and commercial development projects on tribal land.  Bracewell & Giuliani is well positioned to address issues that arise at the intersection of federal, state and tribal law.

Services Available

We represent developers, traditional and alternative energy companies, institutional lenders, telecommunications firms, business owners, contractors, mortgage loan companies, tribal consultants and resort management companies.  Our attorneys provide counsel in the structuring and implementation of projects on tribal lands.  These include a wide array of energy generation projects (such as coal-fired to renewable energy generation, oil and gas exploration and development, and transmission infrastructure), plus resort, hospitality, commercial and retail projects. 

Our work for project developers and tribal authorities encompasses a full range of assistance with federal Indian law issues and land-use.  We advise clients on tribal cultural and political issues, process and approvals, title insurance, entitlements and proffers, easements, licenses, covenant conditions and restrictions, joint-use agreements, construction contracts, and regulatory and agency proceedings.  We also help secure necessary financing, through both commercial lenders and government guaranteed loan programs.

Our team is led by an attorney with more than 20 years of experience in developing and financing projects on Indian land. We have a particular familiarity with the laws of the Navajo Nation as a result of our work on energy development, commercial and retail projects on the Navajo Nation and on equipment leasing transactions to enterprises and instrumentalities of the Navajo Nation.

Representative Matters

We have assisted our clients in connection with a wide range of projects, including:

• Credit and equity financing for development of oil and gas resources on tribal land
• Development of oil and gas on tribal land
• Negotiation of licenses and easements, including utility and pipeline easements and service line agreements; negotiation of lease and license agreements on behalf of a wind power development company and exercising rights derived from a license to extract minerals on tribal lands
• Pipeline financing over tribal land
• Development, construction and permanent financings of hotels and destination resort, golf course projects, including tribally owned properties in New Mexico, Arizona and Oregon
• Development, construction and permanent financing of shopping center, commercial, retail and office properties, and public and government complexes and schools on tribal land
• Development of electric-generating facilities on tribal land
• Consultation on issues specific to project development and finance on tribal land, including traditional and renewable energy, telecommunications, mining, commercial, retail, housing, title insurance, special licensing
• Natural resource development, construction and operating permits for projects located on tribal land
• Strategic advocacy and lobbying at the federal, state and local government levels
• Media relations and stakeholder issues management related to the siting, construction and environmental effects of certain energy projects on Indian land