Overview
Parsons Behle & Latimer advises mining, energy and infrastructure clients, and the business interests and lenders that finance them, on the Federal Indian law and Tribal jurisdiction issues that arise when project development and commercial activity intersect with Tribal lands, Tribal resources and Native Nations. Our attorneys help clients anticipate these obligations early; structure efficient engagement and permitting strategies; and negotiate the agreements needed to move projects forward. Whether a project crosses Tribal or allotted trust land; lies near a reservation; or is sited on public land subject to Tribal treaty rights; clients rely on us to navigate this multi-layered legal landscape in a way that builds productive relationships, reduces delay and manages risk. Our attorneys also represent business interests and lenders engaged in commercial and energy and natural resources transactions with Native Nations.
Team
Key Contacts
Capabilities
Rights-of-Way & Easements Across Indian Trust Lands
Mining, pipeline, transmission and other infrastructure projects frequently require access across allotted or Tribal trust land. We assist clients in obtaining business leases, rights-of-way and easements, managing the BIA approval process, and negotiating compensation and terms directly with Tribal governments or individual landowners.
Indian Mineral Leasing & Agreements
We advise clients seeking to develop mineral resources on Tribal or allotted trust land, including leases and agreements under the Indian Mineral Leasing Act (IMLA) and Indian Mineral Development Act (IMDA). Our work includes structuring royalty and development terms and securing the Secretarial and BIA approvals required to bring these agreements into effect.
Transactions with Native Nations
We advise business interests in commercial and lending transactions with Native Nations, both on and off-trust lands, helping them navigate complex jurisdiction and enforceability issues that arise with transacting with a sovereign government.
Treaty Hunting, Fishing & Gathering Rights
Projects sited on public or ceded lands can implicate treaty-reserved hunting, fishing, gathering and other rights, even where the project itself is off-reservation. We help clients assess this risk early, evaluate potential impacts on treaty resources and navigate any resulting engagement, mitigation or litigation exposure.
Water Rights & Natural Resources
We assist clients with issues arising at the intersection of Tribal water rights, federal reserved rights doctrine and state water law, including negotiated settlements and the natural resource development issues that often accompany them.
Tribal Employment & Contracting Rights
Companies operating on or near Tribal land frequently encounter Tribal Employment Rights Ordinances requiring preference in hiring, contracting or fees. We advise clients on the applicability of and compliance with TERO requirements and help structure contracts and workforce plans accordingly.
