Tribal Government Business Law Session 3 - New Directions & Opportunities in Energy Development

2.75 General, including 0.0 Ethics Credits | WSBA AV CLE Activity #375656

This session will cover the legal framework for the development of Energy Resources by Indian tribes, including business structures, financing considerations, deal points and the long term goals of the tribes.

Overview

Recorded:  06/26/2014
Credits:  2.75 General, including 0.0 Ethics | WSBA AV CLE Activity #375656
Length: 2:45:00

Featured Speakers:
Howard Arnett, Joe Hovenkotter, & Michael O'Connell

This session will cover the legal framework for the development of Energy Resources by Indian tribes, including business structures, financing considerations, deal points and the long term goals of the tribes together with case studies of the acquisition of the Kerr Hydroelectric Project by the Confederated Salish and Kootenai Tribes and a significant interest in the Pelton Round Butte Hydro Project on the Deschutes River by the Warm Springs Tribes.

Agenda

Program Overview and Introduction - Eric Eberhard, Seattle University School of Law
Part I - New Directions and Opportunities in Energy Development - The Legal Framework in Agreements for the Development of Tribal Energy Resources - Michael O'Connell - Stoel Rives, Seattle, Washington
BREAK
Part II - A Case Study in the Kerr Hydroelectric Project and the Pelton Round Buttes Hydro Project - Joe Hovenkotter, General Counsel, Energy Keepers, Inc., Polson, Montana and Howard Arnett, Karnopp Petersen LLP, Bend, Oregon

Presenters

Howard Arnett is a partner at Karnopp Petersen LLP in Bend, Oregon. He has 37 years of experience in Federal Indian law, water law, natural resources and energy development, including work in legal services on the Navajo Reservation in Arizona and with the Confederated Tribes of the Warm Springs Reservation of Oregon. He is an adjunct professor of Indian law at the University Of Oregon School Of Law. His work includes assisting the Warm Springs Tribes with the acquisition of a substantial ownership interest in the Pelton Round Butte Hydro Project on the Deschutes River.

Joe Hovenkotter is General Counsel for Energy Keepers, Incorporated. Joe received a B.S. in Biological Sciences from Central Washington University in 1980 and a J.D. from the University of Montana in 1994. After completing law school, Joe worked for 18 years as a Staff Attorney for the Confederated Salish and Kootenai Tribes of the Flathead Reservation with representation in the areas of federal litigation and appeal, natural resources, environmental law, real property, transportation, contracts, and energy. For the past 2 years Joe has been General Counsel for Energy Keepers, Inc. which is the business entity the Tribes chartered under Section 17 of the Indian Reorganization Act of 1934 to undertake the acquisition and operation of the Kerr Hydroelectric Project. The Tribes are the sole owner of Energy Keepers. Joe's practice is now focused on business startup for a Section 17 corporation, consummating acquisition of the Kerr Project, implementing operation and maintenance activities at the Project, and initiating power sales of its electrical output.

Michael O'Connell from the Seattle office of Stoel Rives will discuss the legal framework to be considered in agreements for the development of Tribal energy resources, including the applicable federal statutes, significant court decisions, recent changes in the federal leasing regulations and the use of TERA and HEARTH by tribes. Michael has 37 years of experience in every aspect of Indian law and energy development, including finance, taxation, employment, sovereign immunity, federal environmental laws, water rights and every type of energy resources with the exception of nuclear energy. He has litigated and negotiated in every aspect of energy development; teaches water law at the Seattle University School of Law and is a frequent presenter at CLE programs around the United States.

Pricing

General Registration - $85.00

Seattle University School of Law Alumni - $70.00

Tribal Attorneys - $70.00