Bracewell lawyers work with developers, utilities and tribal governments to maximize realization of tribal energy industry potential.
Typical of our work is a major new coal-fired plant on the Navajo Nation in the Four Corners area of New Mexico. Our work with the project developer and a Navajo Nation business enterprise includes preparation and negotiation of the development agreement, water supply contract, lease and tax abatement agreements with the Navajo Nation. We have also structured the coal supply arrangements, contractor bids and power sales agreements, and provided counseling with respect to Navajo Nation and federal approvals, public relations and community input, as well as environmental concerns and transmission issues.
Our lawyers help clients take full advantage of opportunities available to companies that partner with Indian tribes in energy and commercial development. We also help secure federal tax incentives for private investment on Indian reservations that allow for accelerated depreciation of a company’s assets, as well as tax credits for companies that employ Native Americans.
The firm has widely recognized capabilities in renewable energy law. For example, we have extensive experience with the application of Title XXVI of the Energy Policy Act of 1992 to fund renewable energy projects located on tribal land. The implementation of the Indian Tribal Energy Development and Self-Determination Act (ITEDSDA, or Title V of the Energy Policy Act of 2005), created annual federal grants totaling $20 million and opportunities for development of tribal resources under a new tribal resource development agreement model. We help energy clients work with tribes to tap these funds to plan and manage tribal electrical generation, transmission and distribution facilities and to implement development plans.
We also provide assistance to project developers and tribal authorities on a wide range of other energy issues involving Indian lands, including:
- Credit and equity financing for development of energy resources on tribal land
- Negotiation of licenses and easements, including utility and pipeline easements and service line agreements
- Negotiation of lease and license agreements to extract minerals on tribal lands
- Pipeline financing across 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 permits for projects located on tribal land