Law Seminars International Presents

Tribal Energy in the Southwest

Structuring energy resources for tribal facilities and commercial enterprises

December 6 & 7, 2007
Indian Pueblo Cultural Center in Albuquerque, NM
Register      Download PDF Brochure

Who Should Attend

Attorneys, tribal, industry and government representatives, energy decision makers and financial institution executives

Why Attend

For 20 years, Indian lands have contributed nearly 11% of the nation's onshore oil, natural gas and coal production. Given available fossil energy resources and potentially significant renewable energy resources on Indian lands, this level of contribution will likely continue or, more likely, increase. Indian tribes are exploring and evaluating energy resource potential for their own tribal facilities and commercial enterprises as well as developing tribal non-grid power generation for the wholesale market. Additionally, energy and utility companies are increasingly evaluating and forming strategic alliances or ventures with tribes to increase our nation's energy resources. This conference will provide key information on the issues in tribal energy development. We will discuss the status of the joint Department of Interior and Energy Right of Way Study, tribal utility development, how to structure energy projects, transmission issues, marketing in a deregulated environment, partnership and grant opportunities and environmental development processes. ~ Program Co-Chairs: Karen J. Atkinson, Esq. and Susan M. Williams, Esq., Program Co-Chairs

What You Will Learn

~Maximizing tribal business resources ~Developments in federal regulation ~New Mexico policy trends towards tribal energy ~The Sandia National Laboratories Tribal Energy Program ~Determining tribal bond and credit ratings ~Rights of way and transmission on tribal lands ~Tribal opportunities in renewable energy ~Electrification challenges for remote reservations ~Structuring and financing tribal energy projects ~Due diligence and environmental compliance ~New tribal paradigms in oil and natural gas ~Tribal entrepreneurial opportunities on and off reservations

Agenda

Thursday, December 06, 2007

8:00 am Registration and Continental Breakfast
8:30 am Welcoming Address
  Joe Garcia, President
National Congress of American Indians / Albuquerque, NM
8:45 am Overview: Key Energy Issues Facing Tribes and Strategies for Taking Advantage of the Business Opportunities
  Structuring corporations and minimizing taxes for native corporations; opportunities such as pipeline rights-of-way and maximizing renewable resources for energy development; inter-tribal cooperation to facilitate business opportunities
  Karen J. Atkinson, Esq., Program Co-Chair
Native American Contractors Association / Washington, DC
  Susan M. Williams, Esq., Program Co-Chair
Williams & Works, P.A. / Corrales, NM
9:15 am Federal Tribal Policy Update
  New legislative and regulatory proposals, initiatives, and actions with an impact on energy development on tribal lands
  Shenan Rae Atcitty, Esq.
Holland & Knight LLP / Washington, DC
10:00 am Break
10:15 am State Policy Trends Towards Tribal Energy
  New Mexico
  The Hon. Carol K. Sloan, Commissioner, District 4
New Mexico Public Regulation Commission / Santa Fe, NM
  Arizona
  Ernest Johnson, Director, Utilities Division
Arizona Corporation Commission / Phoenix, AZ
11:15 am Research and Development Update: Sandia National Laboratories Tribal Energy Program
  Partnerships with Tribes and Sandia National Laboratories to develop commercially viable energy technologies based on solar, wind, and geothermal resources
  Sandra Begay-Campbell
Sandia National Laboratories / Albuquerque, NM
11:45 am How Markets View Tribal Energy Resources
  Key credit characteristics important for a bond rating; factors utilized to derive credit rating for Native American financings; case study of Southern Ute Tribe
  Karl Jacob, Senior Director, Public Finance Department
Standard & Poor's / New York, NY
12:30 pm Lunch (on your own)
1:45 pm Rights of Way Issues on Tribal Lands and Future Implications
  Overview of the Department of Energy and Department of the Interior's Rights- of- Way Study mandated by Energy Policy Act Section 1813; the negotiation process
  Karen J. Atkinson, Esq., Program Co-Chair
Native American Contractors Association / Washington, DC
  Update on the Navajo/El Paso dispute and its implications for other tribes
  A. David Lester, Executive Director
Council of Energy Resource Tribes / Denver, CO
2:45 pm Transmission Issues on Tribal Lands
  Status update on the various proposals with a focus on impacts on tribal lands; how various tribes are handling requests for right of way access for transmission facilities
  Sharon I. Haensly, Esq.
Williams, Kastner & Gibbs PLLC / Seattle, WA
3:30 pm Break
3:45 pm Taking Advantage of Opportunities for Tribes in Renewable Energy
  Update on implementation of provisions in the EPA promoting renewable and tribal energy projects; the trend towards state renewable portfolio standards; best market opportunities for new tribal renewable energy generation
  Douglas C. MacCourt, Esq.
Ater Wynne LLP / Portland, OR
  Practical aspects of renewable energy development for tribes
  Ivan D. Posey, Chairman
Eastern Shoshone Business Council / Fort Washakie, WY
5:00 pm Access to Energy: Problems with Electrification of Remote Reservations
  Update on what's being done to meet the energy challenges faced by remote reservations
  Carletta Tilousi
Havasupai Tribe / Supai, AZ
5:30 pm Reception Sponsored by Williams & Works, P.A.

Friday, December 07, 2007

8:00 am Registration and Continental Breakfast
8:30 am Structuring Energy Companies and Financing Tribal Projects
  Types of business structures; advantages and disadvantages of creating a separate company; getting the details right; alternative ways to finance
  Donald Clary, Esq.
Holland & Knight LLP / Los Angeles, CA
  Thomas Whitman, Partner
The Whitman Group LLC / Columbus, OH
  Case study: Desert Rock coal-fired generation project and related transmission projects
  Steven C. Begay, General Manager
Dine' Power Authority / Window Rock, AZ
10:00 am Break
10:15 am Due Diligence and Environmental Compliance Issues for Tribal Energy Projects
  Project related due diligence and other issues, including arbitration clauses and limited sovereign immunity waivers, in connection with energy projects on and outside Indian reservations
  Michael P. O'Connell, Esq.
Stoel Rives LLP / Seattle, WA
11:00 am New Tribal Paradigms for Oil and Natural Gas Business
  Building tribal equity in natural resource exploration; how tribal businesses, oil and gas developers can work together off the reservation
  Brian McNiell, First Vice President
Morgan Keegan & Co., Inc. / Memphis, TN
11:45 am Lunch (on your own)
1:00 pm Opportunities for Tribal Entrepreneurs
  Native corporations doing business on- reservation
  Roman Bitsuie, Executive Director
Navajo-Hopi Land Commission Office / Window Rock, AZ
  Native corporations doing business off- reservation
  David S. Melton, President/CEO
Sacred Power Corporation / Albuquerque, NM
2:00 pm Tribal Utilities
  Update on who has been doing what in the formation of tribal utilities; primary challenges to overcome in becoming self-sustaining and lessons learned
  Sarah S. Works, Esq.
Williams & Works, P.A. / Corrales, NM
  Case study: Tribal utility installation of solar facilities in remote areas of the reservation
  Larry Ahasteen, Renewable Energy Specialist
Navajo Tribal Utility Authority / Fort Defiance, AZ
3:00 pm Evaluations and Adjourn

Tuition

Regular tuition for this program is $895 with a group rate of $795 each for two or more registrants from the same firm. For government employees, we offer a special rate of $695. For students and people in their job for less than a year, our rate is $447.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Friday, November 30, 2007. After that time, we will credit your tuition toward attendance at another program or the purchase of a Homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

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

Location

The conference will be held at the Indian Pueblo Cultural Center at 2401 12th Street NW in Albuquerque, NM 87104, 505-843-7270. Sleeping accomodations are available by contacting ClubHouse Inn & Suites, 1315 Menaul Boulevard NE, Albuquerque, New Mexico 87107, 866-345-0010. Ask for the Law Seminars International rate of $69. Rooms are on a first come, first served basis.

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The written 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 (whichever is later).
Order Homestudy

Faculty Bios

Karen J. Atkinson, Program Co-Chair, is Executive Director of the Native American Contractors Association. Previously, she was a partner at Dorsey & Whitney LLP and Deputy Director of the National Park Service and Senior Counsel to the United States Senate Indian Affairs Committee.

Susan M. Williams, Program Co-Chair, is a shareholder in Williams & Works, P.A., and focuses on legislative affairs, water law, litigation and business negotiations. She successfully argued the Big Horn case before the U.S. Supreme Court and is the national Co-Chair of the Tribal Sovereignty Initiative.

Larry Ahasteen is the Renewable Energy Specialist with Navajo Tribal Utility Authority.

Shenan Rae Atcitty, partner in Holland & Knight LLP's Federal Indian Law Practice Group, focuses on Indian tribal governments in litigation, business and economic development, energy and federal governmental relations.

Steven C. Begay is General Manager for the Dine' Power Authority, an enterprise of the Navajo Nation in a business partnership to develop the Navajo Transmission Project and a partnership with Steag Power to develop a coal-fired power plant.

Sandra Begay-Campbell, Principal Member of the Technical Staff of Sandia National Laboratories, leads their technical efforts in the Renewable Energy Program to assist tribes with renewable energy development. Previously, she was a Regent for the University of New Mexico.

Roman Bitsuie, Executive Director of the Navajo-Hopi Land Commission Office, heads the Navajo entity responsible for dealing with Navajo and Hopi land-disputed matters.

Donald Clary, partner with Holland & Knight LLP, assists tribes and developers on utility related matters including formation of utilities, development of renewable energy projects and contractual negotiations with the utilities that serve them. He negotiated agreements for power projects such as Hoover Dam and San Onofre Nuclear Generating Station.

Joe Garcia is President of the National Congress of American Indians. He was Governor of Ohkay Owingeh and is Chairman of the All Indian Pueblo Council.

Sharon I. Haensly, of counsel with Williams, Kastner & Gibbs PLLC's Tribal Law Practice Team, advises tribal governments and businesses in environmental, land use and natural resources and cultural resources protection. Previously, she was a staff attorney with the Swinomish Tribe and the U.S. Environmental Protection Agency.

Karl Jacob, director in the Standard & Poor's Public Finance Department, is a lead analyst and serves as sector leader for Native American tribal ratings for S&P's Public Finance Department.

Ernest Johnson, Utilities Director for the Arizona Corporation Commission, has over 20 years of public utility regulatory experience. Previously, he was Staff Attorney, Deputy General Counsel at the Oklahoma Corporation Commission.

A. David Lester, Executive Director of the Council of Energy Resource Tribes, is on the Board of Trustees with the Institute of American Indian Arts and a Board Member of Americans for Indian Opportunity.

Douglas C. MacCourt, partner at Ater Wynne LLP and Co-Chair of the firm's Tribal Business Practice, focuses on land use, natural resources, environmental and energy matters, emphasizing project development, facility siting, permitting and government relations. He is listed in Chambers USA: America's Leading Lawyers for Business.

Brian McNiell, First Vice President of Morgan Keegan & Co., Inc., was Chief Operating Officer for a hedge fund entity located in Memphis. Previously, he was principal in a boutique investment banking group specializing in transactions involving sovereign entities.

David S. Melton, President and CEO at Sacred Power Corporation and a Laguna Tribal member, was elected Vice-Chair of Rebuild Central New Mexico. He was awarded the SBA Minority Business Small Business Person of the Year in 2006.

Michael P. O'Connell, partner at Stoel Rives LLP, advises on permitting for energy and other projects on and outside Indian reservations, leases, construction contracts, and other business transactions with Indian tribes. Previously, he was General Counsel to the Hopi Tribe.

Ivan D. Posey, Chairman of the Eastern Shoshone Business Council, which governs affairs of the Tribe. He serves on several boards including the Central Wyoming College Foundation.

Carol K. Sloan, Commissioner of District 4, New Mexico Public Regulation Commission, focuses on Renewable Energy Standards and economic development in rural New Mexico. She works for strengthening government-to-government level relationships between tribes in New Mexico and the State of New Mexico.

Carletta Tilousi serves on the Tribal Council of the Havsupai Tribe and is involved in negotations regarding electricity delivery and rights-of-way on Havasupai land. She was born and raised on the Havasupai Reservation and is a graduate of Arizona State University.

Thomas Whitman, founding partner of The Whitman Group LLC, specializes in tax-exempt and taxable bond financing for Native American Tribes, manufacturing companies and not-for-profit organizations.

Sarah S. Works, Managing Attorney at Williams & Works, P.A., specializes in tribal business law and tribal corporate affairs, including Indian gaming enterprises, reservation-based economic development and tribal energy and utilities development. She served as Attorney General for the Hualapai Nation and Yavapai-Apache Nation.