Indian Law

Negotiating successful business relationships between energy companies and Indian tribes

Van Ness Feldman has been representing Indian tribes, Alaska Native Corporations (ANCs) and private sector companies doing business with tribes and ANCs for 30 years. The firm:

• Assists tribes and energy companies develop successful business relationships
• Assists ANCs on land conveyance and other issues arising under the Alaska Native Claims Settlement Act and the Alaska National Interest Lands Conservation Act
• Serves as Washington counsel to tribes and ANCs
• Negotiates rights-of-ways, leases and other permits for energy-related activity on reservations
• Assists tribal/ANC firms and private sector companies use the special 8(a) rights Congress has provided to tribes and ANCs
• Assists tribes and intertribal organizations assert the special employment rights Congress has provided to Indians and Alaska Natives

Energy Development on Indian Reservations

Assisting energy companies negotiate successful business relationships with Indian tribes;  

Assisting tribes negotiate successful business relationships with energy firms.

Van Ness Feldman has helped our energy sector and tribal clients create beneficial business relationships based on mutual respect and a full understanding of each party’s needs, rights, and responsibilities.  Tribes are increasingly looking to be active partners with the companies engaged in oil and gas production, generation, transmission, natural gas and oil pipelines, hydroelectric and other energy development activity on their reservations.  Because of the firm’s extensive Indian law and energy law expertise and experience, it has been able to assist our tribal and our energy company clients to negotiate business partnerships that are profitable for both parties and that insure long-term working relationships.  Once the agreement is negotiated, the firm is able to assist energy companies understand and work with the unique aspects of doing business on reservations, such as the multiple levels of taxation, complying with the tribe’s Tribal Employment Rights (TERO) ordinance, and tribal sovereign immunity.  Whether representing the tribe or the energy company, our focus is on helping our clients get deals done and make business happen.

Representative Matters

• The firm is assisting one large energy company negotiate comprehensive agreements with tribes to partner with them in the development of the diverse energy opportunities on their reservations. 
• We are also assisting a wind energy development company to negotiate wind energy projects with tribes. 
• The firm helped to create the Native American Bank, a Federally chartered financial institution that focuses on providing loans and other banking services to Indian country.
• The firm led the lobbying effort for legislation to provide tribes and ANCs with special rights (such as the right to large sole source contracts) under the SBA 8(a) program, helped to draft the regulations implementing those rights, and has assisted numerous tribes and ANCS to obtain 8(a) certification and to use those rights to promote their economic betterment. 
• We have also been at the forefront in developing creative approaches for using those SBA 8(a) rights.  For example, the firm brought together separate information technology firms  owned by eight tribes, three Alaska Native Corporations and one Native Hawaiian Organization into a multi-tribal 8(a) certified company that has been awarded over $80 million in DOD contracts and that has create almost 300 IT jobs in remote communities. 
• The firm is presently working with an intertribal organization to promote Indian employment and the development of Indian businesses in road and other construction areas.

Seminar: How To Do Successful Business in Indian Country

In addition to assisting our clients on specific projects, we offer clients a one-day seminar on “How To Do Successful Business in Indian Country,” which addresses the legal, political, cultural, and other issues involved in entering into business relationships with Indian tribes.