Law Seminars International Presents: The Fifth Annual National Conference on

Tribal Energy Development
New opportunities for tribal projects, new policies, regulations and markets

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

July 14 & 15, 2011
Hyatt Regency Washington on Capitol Hill Hotel in Washington, DC

Who Should Order This Homestudy

Attorneys, Tribal representatives, industry executives and governmental officials

Why You Should Order

Energy development on Tribal lands is evolving with new partnerships between Tribes, the federal government, states and the private sector in fossil fuels, renewables and transmission. This seminar will kick off with an in-depth report from the Hill on national Tribal energy policy being debated in Washington, DC and across the nation, from the ARRA stimulus experience through new leadership for Tribal energy in the U.S. Departments of Energy and Interior. The opportunities for Tribes and Alaska Natives to advance projects in Indian Country will be highlighted.

Successful case studies and a finance roundtable will examine innovative funding structures that work. Concrete strategies on permitting and contracting will be presented and key agency officials will provide a roadmap for accessing their programs and funds. The conference includes a valuable session on the nuts and bolts of working with policymakers and agencies to achieve project goals and keep projects on track.

The Tribal Energy Development Conference is back for its fifth successful year in Washington, DC, including the popular "evening on the Hill" networking reception with Tribes, industry leaders, key government officials and agency program staff.

~ Douglas C. MacCourt, Esq. and Gregory A. Smith, Esq., Program Co-Chairs

What You Will Learn


Thursday, July 14, 2011

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction and Overview

Douglas C. MacCourt, Esq., Program Co-Chair
Ater Wynne LLP / Portland, OR

Gregory A. Smith, Esq., Program Co-Chair
Hobbs, Straus, Dean & Walker, LLP / Washington, DC

8:45 am

Special Opening Address: How the Climate for Power Sharing and Reaching Common Political Ground can Support Tribal Energy

Tim Charters, Staff Director, Subcommittee on Energy & Mineral Resources
United States House of Representatives / Washington, DC

9:15 am

Keynote Address: Federal Indian Energy Policies and Program Updates

Tracey A. LeBeau, Esq., Director, Office of Indian Energy Policy & Programs
U.S. Department of Energy / Washington, DC

9:45 am

Break: Coffee, Tea and Conversation

10:00 am

Energy Resource Development in Indian Country: Balancing the Challenge of Climate Change and the Full Promise of Sovereignty

Christopher Clark Deschene, Esq.
Law Offices of Schaff & Clark-Deschene, LLC / Boulder, CO

Bruce E. Nilles, Esq., Director, Energy Campaigns
Sierra Club / Washington, DC

11:30 am

Legislation in 2011: The Agenda from the Hill and from the Field

Michael D. Olsen, Esq.
Bracewell & Giuliani LLP / Washington, DC

12:00 pm

Lunch (on your own)

1:15 pm

Influencing the Decision Makers: How to Start and Maintain a Productive Dialog

Lobbying 101: An introduction to the players and approaches

Gregory A. Smith, Esq., Program Co-Chair
Hobbs, Straus, Dean & Walker, LLP / Washington, DC


Paul G. Moorehead, Esq.
Drinker Biddle & Reath LLP / Washington, DC

Executive department

Keith M. Harper, Esq.
Kilpatrick Townsend & Stockton LLP / Washington, DC

2:45 pm

Break: Soda, Tea and Conversation

3:00 pm

Project Case Studies: Innovations in Leveraging Incentives

Solar: To'Hajilee New Mexico/Rio Puerco Phase I Solar Project, Canoncito Band of Navajo Indians

Michael Utter, CEO
Rural Community Innovations / Bozeman, MT

Chris Woodward, Tribal Development Advisor
SunPower Corporation / Richmond, CA

Tribal Utility Substation Projects/Navajo Tribal Utility Authority (NTUA)

Walter W. Haase, P.E., General Manager
Navajo Tribal Utility Authority / Fort Defiance, AZ

Darryl P. Jacobs, Esq.
Ginsberg Jacobs LLC / Chicago, IL

5:00 pm


5:30 pm

Continue the Exchange of Ideas: Reception on Capitol Hill in the Senate Committee on Indian Affairs Hearing Room

Sponsored by: Appleby Law PLLC, Ater Wynne LLP, Drinker Biddle & Reath LLP, First American Financial Advisors, Hobbs, Straus, Dean & Walker, LLP and Kilpatrick Townsend & Stockton LLP


Friday, July 15, 2011

8:00 am

Continental Breakfast

8:30 am

Introduction to Day 2

Douglas C. MacCourt, Esq., Program Co-Chair
Ater Wynne LLP / Portland, OR

Gregory A. Smith, Esq., Program Co-Chair
Hobbs, Straus, Dean & Walker, LLP / Washington, DC

8:45 am

Special Address: The Intersection Between Local Energy Projects and Tribal Economic Growth

Priorities for tribal organizations in the coming year; how energy projects augment economic development

Jacqueline Johnson, Esq., Executive Director
National Congress of American Indians / Washington, DC

9:15 am

Update on the Primary Federal Programs for Tribal Energy Development

Department of Agriculture

Tedd Buelow, Native American Coordinator, Office of Rural Development
U.S. Department of Agriculture / Washington, DC

Department of the Interior

Stephen A. Manydeeds, Acting Director, Office of Indian Energy and Economic Development
U.S. Department of the Interior / Washington, DC

Department of Energy

Pilar Thomas, Esq., Deputy Director for Policy
U.S. Department of Energy / Washington, DC

10:45 am

Break: Coffee, Tea and Conversation

11:00 am

Contracting With Tribes

Tribal and private sector perspectives on contract essentials for development agreements and joint ventures; maximizing investment opportunities; sovereignty, jurisdiction, dispute resolution and other unique aspects of development on tribal lands

Douglas C. MacCourt, Esq., Program Co-Chair
Ater Wynne LLP / Portland, OR

Stephen J. McHugh, Esq.
Holland & Knight LLP / Washington, DC

12:00 pm

Lunch (on your own)

1:15 pm

Finance Roundtable: Financing Structures that Work

Robert Burpo, President
First American Financial Advisors / Albuquerque, NM

2:45 pm

Break: Soda, Tea and Conversation

3:00 pm

Acquiring Land to Support Tribal Energy Development

Process and protocol for tribes taking land into trust for energy development

Nancy J. Appleby, Esq.
Appleby Law PLLC / Alexandria, VA

Regulatory Hurdles: Challenges and Solutions to acquiring land for energy projects

John M. Schultz, Esq.
Ater Wynne LLP / Portland, OR

Winnebago Tribe of Nebraska: Wind development on Fee Land

Kevin R. Connot, Business Consultant
Advantage Consulting Group / Allen, NE

4:15 pm

Evaluations and Adjourn



Regular tuition for this program is $995 with a group rate of $745 each for two or more registrants from the same firm. For government employees, we offer a special rate of $665. For students and people in their job for less than a year, our rate is $497.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.


There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Live credits: This program qualifies for 12 VA CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Faculty Bios

Douglas C. MacCourt, Program Co-Chair, partner at Ater Wynne LLP and chair of the Indian Law Practice Group, represents tribes, tribal enterprises, local governments and private clients on all aspects of energy development, land use, natural resources, environmental and business law. He is listed in Best Lawyers.

Gregory A. Smith, Program Co-Chair, partner at Hobbs, Straus, Dean & Walker, LLP, focuses on consulting services to American Indian tribes and tribal organizations. He is Editor-in-Chief of the Native American Law Digest, and represents the Dine Power Authority in its federal government relations work.

Tim Charters, Special Opening Address, is the Staff Director for the U.S. House Subcommittee on Energy and Mineral Resources, which has jurisdiction over all OCS energy development, federal lands energy programs, the USGS and OSM.

Tracey A. LeBeau, Keynote Address, is Director for the U.S. Department of Energy's Office of Indian Energy Policy and Programs. She was appointed in January 2011 to establish this new office which is authorized by statute to manage, coordinate, create and facilitate programs and initiatives to encourage tribal energy and energy infrastructure development.

Nancy J. Appleby, managing member of Appleby Law PLLC, focuses on real estate and project development on tribal land. She is experienced in commercial real estate, lending, Indian law and the Indian Financing Act. She is listed in Best Lawyers and Chambers USA.

Tedd Buelow, Native American Coordinator for the U.S. Department of Agriculture Rural Development, provides support and outreach for American Indians and Alaskan Natives on housing, community facilities, utilities, broadband, business, energy and cooperative programs. Previously, he was a Financial and Program Analyst with the Native American Team at the Treasury Department's CDFI Fund.

Robert Burpo, President of First American Financial Advisors, manages and supervises institutional, governmental, tribal and individual accounts having assets of more than $250,000,000 and has represented businesses, governments and tribal businesses in the financing of more than $1,100,000,000. He was a member of the New Mexico House of Representatives from 1999 to 2003.

Kevin J. Connot, Business Consultant at Advantage Consulting Group, specializes in small business issues and economic development for rural areas. His primary focus is on Tribal grant writing and program development.

Christopher Clark Deschene, partner at Law Offices of Schaff & Clark-Deschene, LLC, represents tribal business clients at all stages of growth, including business start-ups, business structuring, contracts, and other related services. Previously, he was a representive in the Arizona House of Representatives.

Walter W. Haase is the General Manager of the Navajo Tribal Utility Authority, the largest multi-utility owned and operated by an American Indian tribe. He is a licensed Professional Engineer and also has a USDOT Gas Pipeline Operator's license.

Keith M. Harper, partner at Kilpatrick Townsend & Stockton LLP and head of the Native American Practice Group, was Team Lead for the National Indian Gaming Commission Review Team on the Obama-Biden transition team. He is listed in Chambers USA and was named one of 50 "Most Influential Minority Lawyers in America" by the National Law Journal.

Darryl P. Jacobs, member at Ginsberg Jacobs LLC, concentrates on international, federal and state tax matters, with a principal focus on pass through entities. He counsels developers, investors, syndicators and lenders on New Markets Tax Credits, rehabilitation credits, low-income housing credits and preservation easements.

Jacqueline Johnson is Executive Director of the National Congress of American Indians (NCAI). Previously, she was the chairperson of the National American Indian Housing Council and also Deputy Assistant Secretary for the Native American Programs of the U.S. Department of Housing and Urban Development.

Stephen A. Manydeeds is the Acting Director of the Office of Indian Energy and Economic Development at the U.S. Department of the Interior.

Stephen J. McHugh, senior counsel at Holland & Knight LLP and member of the Indian Law Practice Group, represents Indian tribes in land and water claims, and prosecutes breach of trust claims against the U.S. He previously held the position of Deputy Chief Counsel of the U.S. Senate Committee on Indian Affairs.

Paul G. Moorehead, partner at Drinker Biddle & Reath LLP, practices federal Indian law and policy with a focus on energy and economic development in Indian tribal communities. Previously, he was was Chief Counsel and Staff Director to the U.S. Senate Committee on Indian Affairs. He is listed in Chambers USA.

Bruce E. Nilles is Director of Sierra Club's Energy Campaigns, including its Beyond Coal, Clean Energy Solutions and Green Transportation Campaigns. These campaigns are working to move the U.S. beyond coal and oil. For the past five years he led the effort to build the Beyond Coal Campaign into the largest campaign in the organization's 117-year history.

Michael D. Olsen, counsel in Bracewell & Giuliani LLP's Environmental Strategies Group, advises companies and business groups on energy development, natural resources and environmental issues. Previously, he served as Deputy Assistant Secretary for Land and Minerals at the Department of the Interior, and also as the Principal Deputy Assistant Secretary for Indian Affairs.

John M. Schultz, partner at Ater Wynne LLP and chair of the Regulated Industries Group, focuses on environmental, natural resources, federal Indian, and occupational safety and health law.

Pilar Thomas (Pascua Yaqui) is the Deputy Director for Policy in the Office of Indian Energy Policy and Programs at the U.S. Department of Energy. She assists the Director in developing and implementing national energy policy and programs related to Indian energy development.

Michael Utter is the CEO of Rural Community Innovations.

Chris Woodward is the Tribal Development Advisor at SunPower Corporation, which designs, manufactures and delivers the most powerful solar technology broadly available today, which is based on its industry leading, world record efficient 24.2% solar cell.

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