Negotiating Contracts on Tribal Lands


CLE Credits earned: 2 GEN

This course will cover issues that frequently arise in connection with contracts and contract negotiations involving tribal lands, including transactional considerations related to jurisdiction, sovereign immunity, tribal approval and governmental relations, dispute resolution and enforceability, and federal approval requirements. The course will also discuss recent changes to regulatory requirements involving leasing (including HEARTH Act leases) and rights-of-way, as well as contracts that “encumber” tribal land under federal law. Course participants will get a better handle on how to respectfully and successfully negotiate these unique contracts.

This course is co-sponsored by the Federal Bar Association.

Key topics to be discussed:

•   Transactional Considerations in Indian Country
•   Leasing and Rights of Way Involving Tribal Lands
•   Federal Approval and Regulatory Requirements

Date / Time: July 6, 2018

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.


SKU: N/A Categories: ,
Original Broadcast Date: May 16, 2018

Sam Daughety, Esq. is a member of Dentons’ Public Policy and Regulation practice and Native American Law and Policy practice. Sam has substantial experience advising clients on complex Indian lands and Indian gaming issues, including tribal-state compacts and related agreements, the fee-to-trust process, leasing, regulatory compliance, and tribal governmental and administrative matters. He also advises tribes and prospective investors on multimillion dollar economic development projects in Indian country, including all aspects of tribal governmental and entity sovereign immunity, tribal law and authority, jurisdiction, and dispute resolution. He regularly assists clients in developing viable strategic solutions in the face of legislative and regulatory challenges.

Sam has represented tribal interests in numerous matters before state and federal courts of appeal and in arbitration proceedings. He also has represented national tribal organizations as amicus curiae before federal courts on matters with widespread implications for tribal trust lands, federal administrative procedure, and child welfare. Prior to joining Dentons, Sam served as an assistant attorney general for the Tohono O’odham Nation, a federally recognized Indian tribe. In that capacity, he advised the Nation’s legislative council, executive branch and departments on a wide variety of matters related to federal Indian law.

Susi Schaeffer, Esq. is a member of Dentons’ Public Policy and Regulation practice and Native American Law and Policy practice. Susi concentrates her practice on Indian lands and environmental compliance issues. Susi draws on her years of experience in both the federal government and the private sector working to resolve legal issues pertaining to Indian lands, natural resources and the federal environmental regulatory system.

Susi advises clients in acquiring land in trust for both gaming and non-gaming purposes pursuant to the fee-to-trust authorities of the US Department of the Interior, and she has extensive experience working with Interior to achieve clients’ land acquisition objectives. She is also well versed in other Indian lands issues, including land claims, leasing and rights-of-way over Indian lands, and Section 81 approval requirements.

Susi has particular experience in handling environmental compliance issues on Indian lands, and she regularly counsels clients regarding compliance with the National Environmental Policy Act (NEPA), as well as other environmental requirements in conjunction with acquiring land in trust. She also provides advice regarding environmental regulatory and jurisdictional issues, such as tribal environmental ordinances and the extent of state, tribal and federal permitting authority. She has participated at numerous conferences as an invited speaker on Indian land, energy and environmental matters.

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Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs

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Section I. Overview: Tribal Governments and Tribal Lands

Section II. Preserving and Waiving Tribal Sovereign Immunity

Section III. Federal, State, and Tribal Jurisdiction, Forum Selection, and Dispute Resolution

Section IV. Risk Mitigation – Other Considerations

Section V. Leasing and Indian Country Rights of Way

Section VI. Regulatory and Federal Approval Requirements

Section VII. Special Contractual Considerations – Encumbering Indian Lands