Law Seminars International Presents

An Important Two-Day Conference on

Tribal Energy Northwest

Structuring energy resources for tribal facilities and commercial enterprises

June 17 & 18, 2004
Renaissance Seattle Hotel in Seattle, WA
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Who Should Order Homestudy

Attorneys; tribal and government representatives, and corporate decision makers in the energy industry and financial institutions and government

Why Order

"Indian tribes own millions of acres of land that contain a large portion of our nation’s untapped energy resources. Over the last 20 years, Indian lands have contributed approximately 11% of the nation’s onshore oil and natural gas production, and 11% of its coal production. Much of the hydropower generated in Western states relies on tribal land and water resources and will be the subject of relicensing requirements in the next several years. Indian tribes are increasingly evaluating their energy resources and potential for developing tribally-based self-sufficient non-grid electric power generation to meet the power demands of their tribal facilities and for commercial enterprises. Indian tribes are also exploring the many opportunities for energy development ranging from tribal utility formation to power generation for their own use and for the wholesale market. This conference will provide attorneys, program managers, and industry representatives an overview of the current issues in tribal energy development. The role of the Federal Energy Regulatory Commission and the role of the Western Area Power Administration, transmission issues, relicensing issues, opportunities for partnership, financing and access to technical assistance and grant opportunities will be covered in depth. Successful case studies in tribal energy development and current federal legislative proposals will also be examined. Participants in the conference will develop an understanding of the complexity of issues related to tribal energy development as well as learn some practical approaches for energy development on Indian lands." ~ Program Co-Chairs: Karen J. Atkinson, Esq. and Eric Eberhardt, Esq.

What You Will Learn

- Hydro-power development, salmon and tribes - Structuring alternatives for tribal energy development - Easement and right of way issues - Permitting requirements for projects on Indian land - Technical, administrative assistance and grant opportunities for renewable and fossil fuel projects - Case studies in renewables - BPA and its role in tribal energy development - Opportunities for partnership in energy development - FERC hydro re-licensing issues and projects - Tribal self-sufficiency - Political dynamics and implications of the Federal Energy Bill - Financial incentives and public funding for renewables - Transmission issues

What Attendees Said

"It was awesome!"

Agenda

Thursday, June 17, 2004
8:30 am Introduction and Overview
  Karen J. Atkinson, Esq., Program Co-Chair
 Tribal Strategies, Inc. / Washington, DC
  Eric D. Eberhard, Esq., Program Co-Chair
 Dorsey & Whitney LLP / Seattle, WA
8:45 am Hydro-Power Development, Salmon and Tribes
  Reserved fishing rights under the Stevens Treaties; Hydro-power development and impacts within treaty fishing areas; the 2415 statute of limitations process; damage claims based upon treaty reserved fishing righs; litigation and claims settlement
  Douglas Nash, Esq.
 Holland & Hart / Boise, ID
  Warm Springs Tribe- Pelton Round Butte Project
  James D Noteboom, Esq.
 Karnopp Petersen LLP / Bend, OR
9:45 am FERC Regulatory Issues in Tribal Energy Development
  What it takes to trade power
  Sharon Ilene Haensly, Esq.
 Morisset Schlosser Ayer & Jozwiak / Seattle, WA
10:15 am Break
10:30 am Structuring Alternatives for Tribal Energy Development
  Legal and governance issues that must be reviewed in choosing a structure for developing and operating tribal energy projects; pros and cons of tribal or corporate, federal or state charer; tax issues; partnering with private entities; LLC's; joint ventur
  J. D. Williams, Esq.
 Landye Bennett Blumstein, LLP / Portland, OR
11:15 am Easement and Right of Way Issues
  Margaret M. Schaff, Esq.
 Margaret M. Schaff PC / Boulder, CO
12:00 pm Lunch ( on your own )
1:15 pm Permitting Requirements for Projects on Indian Land
  Permitting Triibal Projects -- NEPA Requirements
  Daryl Williams, Executive Director
 Quil Ceda Power Corporation / Tulalip, WA
  Federal Permits or Compliance (BIA approvals, EPA laws)
  Gregory Argel, Regional Realty Officer
 Bureau of Indian Affairs / Portland, OR
2:15 pm Technical, Administrative Assistance and Grant Opportunities for Renewable Energy Projects
  Christopher T. Stearns, Esq.
 Hobbs, Straus, Dean & Walker, LLP / Washington, DC
2:45 pm Break
3:00 pm Transactional Issues for Project Development
  How to put the deal together; what you don't think about that could get you later: employment, contracts, tribal taxes, tribal business entities
  Michael P. O'Connell, Esq.
 Stoel Rives LLP / Seattle, WA
3:30 pm Renewables: Case Studies in Tribal Involvement
  Tulalip Biogas Project
  John McCoy, Tulalip Tribe, Representative, 38th Legislative District
 Washington State House of Representatives / Olympia, WA
  Daryl Williams, Executive Director
 Quil Ceda Power Corporation / Tulalip, WA
  Wind Energy Projects
  Dale Osborn, President
 Distributed Generation Systems, Inc. (Disgen) / Lakewood, CO
  Makah Wave Energy Project
  Leonard (Bud) Denney, Economic Development Mgr.
 Makah Tribe / Neah Bay, WA
  Problems and opportunities involved in bringing a renewable energy project from concept to full operation
  Alla Weinstein, CEO/President
 AquaEnergy Group Ltd. / Mercer Island, WA
5:15 pm Reception for Faculty and Attendees
  Sponsored by Dorsey & Whitney LLP and Tribal Strategies, Inc.

Friday, June 18, 2004
8:30 am Introduction & Overview
  Karen J. Atkinson, Esq., Program Co-Chair
 Tribal Strategies, Inc. / Washington, DC
  Eric D. Eberhard, Esq., Program Co-Chair
 Dorsey & Whitney LLP / Seattle, WA
8:45 am Financing Tribal Energy Projects through Bonds, Taxes and Other Sources
  Mae Nan Ellingson, Esq.
 Dorsey & Whitney / Missoula, MT
9:30 am Bonneville Power Administration: Its Role in Tribal Energy Projects
  Tim A. Johnson, Esq.
 Bonneville Power Administration / Portland, OR
10:15 am Break
10:30 am Opportunities for Partnership in Energy Development
  Assessing the natural resources, experiences and expectations of the tries in energy development
  J. D. Williams, Esq.
 Landye, Bennett, Blumstein LLP / Portland, OR
11:15 am FERC Hydro Re-Licensing Issues and Projects
  Olney Patt, Jr., Executive Director
 Columbia River Intertribal Fish Commission / Portland, OR
12:00 pm Lunch (on your own)
1:15 pm Tribal Self-Sufficiency
  A Case Study: The Agua Caliente Band of Cahuilla Indians' Co-Generation Plant at the Spa Resort Casino; becoming your own electricity provider; design, installation and operations, challenges of installing a natural gas fueled co-generation plant
  Laura T. Kikawa, Operations Accounting Manager.
 Agua Caliente Band of Cahuilla Indians / Palm Springs, CA
2:00 pm Political Dynamics and Implications of the Federal Energy Bill
  Prospects for enactment of comprehensive energy legislation this year and a review of provisions in pending bills most likely to impact development on Indian lands
  David A. Mullon, Esq.
 U.S. Senate Committee on Indian Affairs / Washington, DC
2:45 pm Break
3:00 pm Financial Incentives for Renewables
  New incentives from the proosed Energy Bill and strategies to make renewables profitable; opportunities and eligibility requirements for tribes to develop renewable sources of energy on Indian lands
  Douglas MacCourt, Esq.
 Ater Wynne LLP / Portland, OR
3:45 pm Transmission Issues
  A comprehensive look at the unique legal, business and regulatory issues involved in the transmission of electric power; financing; coordinating with sate jurisdictions; constrained paths; new proposals for building lines across reservations or cultural
  Ken Johnston, Tribal Account Executive
 Transmission Business Line, Bonneville Power Administration / Vancouver, WA
  Getting to Market in the new unregulated environment: new proposals for building lines across reservations; cultural resources/renewals of lines
  John Richard Lauckhart, Director Power Market Analytics
 Henwood Energy / Sacramento, CA
5:00 pm Adjourn

Cancellation

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

Continuing Education Credits

Law Seminars International self-certifies CLE credits for Washington, California, and Alaska. For other locations, we automatically seek CLE credit approval for the state in which a seminar is held. On request, we will apply for credits from other bar associations or the accrediting bodies for other professions. The current credits status for this program is WA CLE 13.25 (#120177) | AZ CLE 13.25 | CA MCLE 13.75 | CO CLE 16 | NY CLE 15.5 (0 ethics, nontransitional) | OR CLE 14.75 (2104*200) |

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (which ever is later).
Order Homestudy

Faculty Bios

Karen J. Atkinson, is a member of the Mandan Hidatsa and Arikara Nation and a Partner at Dorsey & Whitney where her practice focuses on government relations, energy development, and natural resource management issues. Before joining the firm, Karen served as Deputy Director of the National Park Service and Senior Counsel to the Senate Committee on Indian Affairs.

Eric D. Eberhard, Program Co-Chair, is a Partner in Dorsey & Whitney’s Indian and Gaming Law practice group. His practice focuses on the areas of Federal Indian law, Environment and Natural Resources, Gaming and legislation.

Greg Argel is the Realty Officer for the Northwest Regional Office of the Bureau of Indian Affairs. He is a member of the Metlakatla Indian Community, Alaska, and worked for them as a Planner and Natural Resources Director. He has been a researcher for the Association on American Indian Affairs in New York and Trust Officer for the Makah Tribe. He has managed off-reservation trust land acquisitions in the Northwest Region since 1998.

Leonard (Bud) Denney is Community Planning and Economic Development Manager for the Makah Tribe, where he leads the staff for renewable energy sources in developing fuel facilities. He also works with funding proposals, land use planning, tribal government planning and supporting the Tribe’s comprehensive plan.

Mae Nan Ellingson is a partner in Dorsey & Whitney’s Corporate/Finance practice group. She practices in the area of tax-exempt finance, acts as bond counsel to the State, its various agencies and instrumentalities, local governments and other political subdivisions, acts as underwriter’s counsel on transactions and frequently drafts legislation relating to government finance and other matters pertaining to state and local government.

Sharon I. Haensly is of counsel to the law firm of Morisset, Schlosser, Jozwiak & McGaw, a professional services corporation in Seattle, Washington. She received her Bachelor's Degree from Cornell University in 1981, and her J.D. from the University of Oregon in 1988. She has served as staff attorney for the U.S. Environmental Protection Agency and for the Swinomish Indian Tribal Community. She advises Indian tribes on a variety of matters, and has litigated environmental cases before administrative agencies, and state and federal courts.

Timothy A. Johnson an attorney with the Bonneville Power Administration, advises on matters of power sales contracts and power marketing policy, rates, conservation, and resource acquisition. Since 1998 he has worked on power policy issues and power contracts pertaining to the formation of tribal utility customers.

Ken Johnston is the Tribal Account Executive for the Transmission Business Line of the Bonneville Power Administration. As the TBL Tribal Account Executive, he is the focal point for transmission issues for all 54 northwest tribes in BPA's service territory. These issues can include tribal utility formation, access to transmission, right-of-way issues, cultural resource protection, and infrastructure development. Ken previously worked as an attorney for the Columbia River Inter-Tribal Fish Commission where he developed legal positions on salmon and electric power issues.

Laura T. Kikawa is the Operations Accounting Manager for the Agua Caliente Band of Cahuilla Indians responsible for Special Accounting Projects and Business Development. She was an instrumental member of the team that developed, installed and oversees the operation of the natural gas co-generation plant at the Spa Resort Casino, Palm Springs, California. This plant is the primary provider of electricity for this enterprise of the Agua Caliente Band and is the first stage in the strategy leading toward tribal self-sufficiency.

Mr. Lauckhart is the Director of Henwood’s WECC Power Market Analysis and LMP Solution Team. He is also involved in fundamental based Power Market Analysis. He oversees congestion and locational market price analysis, wholesale electricity price forecasting, project revenue analysis, consults regarding electric interconnection and transmission arrangements for new power projects, and other related matters in the electric power industry. Mr. Lauckhart has over 30 years experience in the power industry. Prior to joining Henwood Energy, Mr. Lauckhart was the president of Lauckhart Consulting, Inc., and previously, vice president of Power Planning for Puget Sound Power and Light Company.

Doug MacCourt is a Partner in the Portland, Oregon office of Ater Wynne LLP and for 16 years has represented public, private and tribal clients on land use, natural resources, environmental and energy matters with an emphasis on facility siting and agency permitting.

John McCoy is 38th District Legislator for the Washington State House of Representatives where he serves on the Commerce and Labor, Higher Education and Trade and Economic Development Committees. He is a member of the Tulalip Tribe and has been consistently involved in the tribe’s Biogas Partnership project.

David A. Mullon Jr., a graduate of the University of Tulsa College of Law, is licensed to practice law in the State of Oklahoma. He served as the director of Cherokee Nation’s legal division under Principal Chief Wilma Mankiller 1993-1995. In January of 1996, he was appointed and confirmed as the attorney general of Muscogee (Creek) Nation and served in that capacity under Principal Chief R. Perry Beaver until returning to Cherokee Nation in November 1999 to work for Principal Chief Chad Smith. In April of 2003, he moved to Washington D.C. to join the staff of the Senate Committee on Indian Affairs as Senior Counsel for the Majority under Chairman Ben Nighthorse Campbell. Mr. Mullon works on natural resource, trust, environmental and energy issues. He is a member of Cherokee Nation.

Douglas Nash graduated from the University of Idaho with a BA in pre-law in 1969 and from the University of New Mexico School of Law in 1971. He was a staff member on the New Mexico Natural Resources Journal and Articles Editor for the inaugural edition of the New Mexico Law Review. As a student there, he was founding Executive Director of the American Indian Law Students Association.

Jim Noteboom is a principal with Karnopp Peterson, LLP, and is one of several attorneys in the firm that devote their practice primarily to representing the Warm Springs Indian Tribe. His representation of the Tribe includes particular emphasis on energy, water, environmental, land acquisition, and natural resource law. He represented the Tribe while negotiating the settlement agreement with Portland General Electric Company and the U.S. Department of the Interior under which the Tribe acquired a major ownership interest in the Pelton Hydroelectric Project.

Michael P. O’Connell is a partner in the Seattle, Washington office of Stoel Rives, LLP.  Mr. O’Connell’s practice focuses on siting large projects on and near Indian reservations and business transactions with Indian tribes.

Dale Osborn is owner and President of Distributed Generation Systems, Inc. (Disgen). He was President of US WindPower, during its successful years and has developed, or led the development of over $250 million in energy projects worldwide, including the first utility scale wind projects in Texas, Colorado and Pennsylvania. Disgen recently managed the development of the first Native American owned, Department of Agriculture financed commercial wind facility.

Olney Patt Jr., who led the Confederated Tribes of the Warm Springs Reservation of Oregon for five years as tribal council chairman, was named the Columbia River Inter-Tribal Fish Commission Executive Director in June 2003. Prior to becoming chairman of the Warm Springs Tribal Council in 1998, Patt served as CRITFC chairman from May 2000 to May 2001 and has been a commissioner since 1995. He was a member of the Warm Springs Tribe's Off-Reservation Fish and Wildlife Committee from 1995 to 1998, and he was assistant policy advisor for the fisheries arm of the tribe's Natural Resources Department. He has been the senior policy advisor for the department since 1999. Patt earned a bachelor's degree in journalism from the University of Oregon in 1991. He is a member of the board of directors for the Institute for Tribal Government at Portland State University's Hatfield School of Government, and he has served as a member of the Kah-Nee-Ta Resort's board of directors. He also is a member of the board of regents for The Museum at Warm Springs.

Margaret M. Schaff has 12 years experience as an attorney in the utility, oil and gas industries, and for tribal governments. Previously she was with the Office of General Counsel at Western Area Power Administration as a power marketing attorney and as Chief Lands Attorney.

Chris Stearns, who is Navajo, rejoined Hobbs, Straus, Dean & Walker, LLP as a partner in 2001. He specializes in the practice of energy, health care, self-determination and self-governance, education, campaign and election law, and legislative affairs. Chris served from 1998-2000 as the U.S. Department of Energy's Director of Indian Affairs, and Democratic Counsel to the U.S. House Committee on Resources from 1995-1998. He served as the North Dakota State Campaign Director for Gore-Lieberman 2000 and the Navajo & Gallup Director for the Richardson for Governor 2002 campaigns.

Alla Weinstein is co-founder, President and CEO of Aqua Energy Group Ltd. There, she applies over 20 years' experience in general management, business development, strategic planning, marketing, program management and engineering with bottom line responsibilities for revenues ranging from $5M to $100M.

Daryl Willliams is a Tulalip Tribal member and Executive Director of the Quil Ceda Power Corporation. He has been employed by the Tulalip Tribes for 26 years dealing with natural resource, cultural and treaty rights issues. He is currently an Environmental Liaison for the Tribes Governmental Affairs Department and was appointed to the Puget Sound Water Quality Action Team by Governor Locke in 1998. 

J.D. Williams served as the managing attorney for eight years for the Office of Legal Counsel of the Confederated Tribes of the Umatilla Indian Reservation in northeastern Oregon. He recently joined the Portland firm of Landye Bennett Blumstein, LLP, where he will continue to represent the Umatilla Tribes, as well as other clients, primarily in the areas of Indian and energy law. Mr. Williams is a member of both the Washington and Oregon state bars.