Energy and Utility Projects on Tribal Lands: Regulations, Financing, Deal Structures

Tribal lands across the United States offer an abundance of potential energy resources. To make the most of these resources for tribal and non-tribal parties alike, developers, operators, and investors must navigate the regulatory framework applicable to tribal lands, including federal, state, and tribal laws. Counsel must craft deal structures that navigate these regulatory hurdles and balance real-world timelines, ensuring project financial viability.

Listen as our panel reviews the challenges and considerations for developing energy projects on tribal lands, managing access, routing, permitting, and best practices for drafting investment and finance agreements, leases, and other contract structures. 

I. Introduction

II. Current state of energy and utility development on tribal lands

III. Regulatory authority and requirements

IV. Investment and financing mechanisms

V. Development and operational considerations

A. Ownership/parties: tribal/non-tribal

B. Leases, ROW, access, permitting, consultation

C. Deal structure and drafting best practices

VI. Practitioner takeaways

The panel will review these and other key issues:

• What are the current considerations for the development and regulation of energy projects on tribal lands?
• Who has jurisdiction over projects on tribal lands?
• What must be done to successfully site, permit, and develop the projects?
• What financing options and deal structures are available, and what are the key considerations for investors?