In the United States, there are 561 federally recognized Indian tribes that possess unique, sovereign rights. These tribes span the country and include 12 regional corporations and over 200 smaller village and urban corporations in Alaska. As these tribes rapidly expand and diversify their economies by growing their gaming and hospitality efforts and increasing their involvement in areas such as energy and airport management, they and the entities they deal with, are in need of broader and more diverse legal expertise.
K&L Gates Indian Law lawyers understand the issues this expansion has raised and have extensive experience handling a wide variety of matters involving tribes and their business partners in Alaska, the Pacific Northwest, Pennsylvania, California, Michigan, Oklahoma, and Washington, D.C. Our lawyers and public policy professionals have advised public and private clients, local governmental agencies, and Indian tribes on how to address and resolve issues involving many areas of tribal law, including major construction and infrastructure projects; permitting and licensing; financing; real estate; water rights and resources; treaty rights; cultural and archeological resources; litigation; policy; government immunity; and healthcare.
Our depth and breadth of experience in these areas enables our attorneys to negotiate unique resolutions for often difficult and complex legal problems relating to Indian tribes. Specifically, K&L Gates attorneys have helped clients with disputes, treaty issues, complicated real estate transactions in Indian Country, and Indian property rights outside Indian Country for access to hunting and fishing sites. We have represented local and regional governments on treaty matters and major litigation, and have represented tribes and other parties on policy matters in Washington, D.C.
Our tribal finance experience includes acting as bond counsel, underwriter counsel, credit enhancement counsel, special tax counsel and trustee counsel for taxable and tax-exempt financings for tribal governments throughout the country. K&L Gates' Washington, D.C., office has assisted by providing a federal policy component working with Congress and relevant federal agencies.
K&L Gates attorneys have represented tribal organizations on Indian healthcare issues for more than 20 years. We have helped tribal healthcare organizations take over Indian Health Service programs, obtained additional contract support costs, and have provided advice on issues that arise as a result of the interaction with private healthcare organizations. We have also assisted tribal healthcare organizations seek new sources of funding for healthcare activities.
K&L Gates has advised on law and procedures created by IGRA under which Native American tribes may conduct gaming activities on Indian lands. We have analyzed related issues including the conditions under which a state must permit a Tribe to conduct Class III (i.e., casino-type) gaming operations; sovereign and tribal immunity under IGRA; methods under which a Tribe can establish gaming rights if a state refuses to negotiate a gaming compact; enforcement of prohibitions against such gaming; and whether a Tribe may enter into a gaming compact with a state outside IGRA's procedures.
K&L Gates lawyers recognize the unique aspects of Native Alaskan rights and business organizations and have represented Native regional corporations, Native village corporations, and native health entities. In addition, our attorneys have represented municipal governments and business entities in transactions with tribal organizations located in the Northwest and Alaska.
Because our experience includes working with both public and private entities, in addition to Indian Tribes, we work closley and collaborate with many other groups at K&L Gates, including public policy, real estate, healthcare, litigation, tax, banking, intellectual property, and labor & employment. This interaction has helped us offer a full contingent of services to those involved in Indian Law disputes.
Financing
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Due to the unique nature of the securities regulations governing tribal offerings, it is crucial to engage experienced counsel in this area. K&L Gates attorneys have provided securities and disclosure counsel representation to both tribal governments and lenders. Similarly, we have specialized Section 103 tax attorneys to provide advice on the nuances of federal and state tax law as they impact tax-exempt transactions in Indian Country.
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K&L Gates was one of the first bond counsel firms on the West Coast to represent Indian tribes in tax-exempt bond financings. We have participated in the financing of a wide range of facilities including health clinics, administration buildings, golf courses, manufacturing plants, cultural museums and casinos. We have also worked closely with USDA programs for financing infrastructure and utility systems in Indian Country. In addition, we are a national leader in the area of affordable housing tax credit and tax-exempt bond financing for tribal and other governmental clients.
Gaming Expertise
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K&L Gates analyzed issues raised in a land claim filed by a Native American Tribe in a federal court in Pennsylvania as the first step in gaining the right to conduct slots gaming in Pennsylvania, which was then considering (and subsequently enacted) gaming legislation.
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K&L Gates provided an in-depth assessment of the impact of IGRA of a ballot initiative in California that would have impacted Native American gaming in that state, including: (i) whether a proposed assessment on the Tribes' net win would be construed as an impermissible tax or proper negotiation supported by adequate concessions; (ii) whether a proposal to limit the creation of new casinos on newly-acquired Indian lands would violate IGRA and thus the Supremacy Clause; (iii) whether provisions mandating compliance with certain state laws would be subject to challenge as outside the scope of the issues the IGRA permits to be included in compacts as unrelated to the gaming activity; and (iv) whether regulation of Tribal gaming by the state gaming commission would violate IGRA or tribal sovereignty.
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K&L Gates represented California and Oklahoma Indian tribes regarding regulatory issues surrounding opening of casinos and in negotiating for class III gaming licenses from the state.
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K&L Gates represents an Indian Tribe in defending against a union campaign targeting the employees in its casino and resort located on Indian land.
Major Construction
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K&L Gates has represented a number of clients in their efforts to deal appropriately with archeological and cultural issues raised in construction projects, including the City of Blaine in disputes related to the discovery of a burial site in a construction project. We developed mediation techniques that lead to the successful resolution of extremely sensitive claims.
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K&L Gates is working with the Washington Department of Transportation in its negotiations with multiple Puget Sound tribes on numerous major highway and ferry terminal projects affecting treaty fishing rights in Puget Sound.
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K&L Gates assisted the developer of a power generation facility in its efforts to coordinate with five different tribes that had interests in the area where the project was located.
Permitting And Licensing (Treaty Issues)
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K&L Gates represented Grant County PUD in matters related to the Yakama Nation’s involvement with the reissuance of FERC operating licenses for dams on the mid-Columbia River.
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K&L Gates attorneys represented the Port of Seattle in resolving a dispute with a tribe over potential impacts of a container terminal development on treaty protected fishing rights.
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K&L Gates advised Skagit County on county/tribal issues stemming from the proposed Swinomish Indian Tribal Community’s marina development.
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K&L Gates assisted METRO in addressing tribal concerns over permitting of the West Point secondary treatment plant, and regularly work with biologists from the Puyallup, Muckleshoot, Suquamish and Squaxin Island tribes on resource mitigation planning and sediment issues.
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K&L Gates attorneys assisted the Port of Everett in securing federal, state and local permits for the construction of a major new pier associated with aerospace industries in the vicinity, including the negotiating and drafting of four individual settlement agreements with four Puget Sound tribes with treaty rights in the area affected by the pier.
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K&L Gates attorneys conducted a workshop for the Port of Seattle that explored in depth the scope of the treaty rights granted to Native American tribes in the Northwest in 1854 and 1855 and their applicability to contemporary federal regulatory action.
Transactions
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K&L Gates represented a large investment bank regarding the implications of a gaming compact between a tribe and the State of Washington for a major financing to develop a casino and resort in Washington.
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K&L Gates attorneys represented the Nature Conservancy on an acquisition of ancient forestlands involving the retention of a conservation easement on tribal lands.
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K&L Gates attorneys have represented developers in connection with transfer of property to a tribe and the development of the property.
Water Rights & Resources
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K&L Gates represented the city of Bellingham in a complex tribal, federal, state and local negotiation regarding tribal and other water rights in the Nooksack River basin. Both the Lummi Nation and Nooksack Tribe were parties, and K&L Gates lawyers worked extensively with their lawyers throughout the negotiations.
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K&L Gates attorneys represented Pierce County in connection with FERC licensing proceedings on the White River Project. The Muckleshoot Tribe and Puyallup Tribe are active in the FERC and related proceedings.
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K&L Gates represented the city of Yakima in the Yakima River water rights adjudication. Like the city, the Yakama Nation was a major claimant in the adjudication, requiring substantial negotiations, communication and coordination between our lawyers and counsel for the Nation.
Litigation
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K&L Gates represented a Native American owned corporation chartered under tribal law in a trademark dispute in federal district court. K&L Gates obtained an order that required the plaintiff to bring its trademark claims against our client in Yakama tribal court. An appeal is pending with the U.S. Court of Appeals for the Ninth Circuit.
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K&L Gates represented Skagit County regarding the Bureau of Indian Affairs’ decision to take land into trust for the Samish Indian Nation. The Samish Indian Nation agreed to a remand of its fee-to-trust application.
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K&L Gates represented Skagit County in its opposition to the Bureau of Indian Affairs’ decision to take land into trust for the Swinomish Indian Tribal Community for construction of a marina and industrial complex.
Policy
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K&L Gates worked to secure favorable legislative language to support the City of Blaine on the water rights settlement issue vis-à-vis the Lummi tribe.
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K&L Gates coordinated federal support efforts with Congress and FERC to assist Grant County PUD concerning the re-licensing of two large dam projects.
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K&L Gates has worked on behalf of commercial clients in Clark County to protect local interests in connection with a federal trust application, and we provided federal support efforts on behalf of the local community regarding an amphitheater project proposed by the Muckleshoot tribe.
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K&L Gates represents the Spokane Tribe on funding for Lake Roosevelt Management/Enforcement activities through BIA and funding for the Upper Columbia United Tribes (UCUT).
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K&L Gates represents the Spokane Tribe on the Grand Coulee Dam settlement which would compensate the Tribe for losses suffered as a result of the construction of the Grand Coulee Dam.
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K&L Gates helped the Spokane Tribe modify legislation last Congress sponsored by Sen. McCain that would have changed the two-part determination process. We were able to extend the date of the grandfather clause in the bill.
Alaska Native Corporations
Business Transactions
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K&L Gates represents the Association Village Council Presidents (AVCP), which is a consortium of 56 independent tribal entities and is located in Bethel, AK.
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K&L Gates represented a Native regional corporation in drafting their technology contracts.
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K&L Gates represented a Native village corporation in resolving disputes regarding a technology contract.
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K&L Gates represented a non profit corporation in business acquisitions valued up to $30 million.
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K&L Gates represented non profit corporations and a Native regional corporation in acquisitions of office buildings and other real estate for development projects.
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K&L Gates represented a Native regional corporation in financing a real estate development project.
Corporate Governance
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K&L Gates represented a non profit corporation regarding board compensation and officer compensation.
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K&L Gates represented non profit corporations regarding changes to bylaws.
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K&L Gates represented a Native regional corporation regarding conduct of board meetings, conduct of annual meetings, and substance of the annual meeting materials.
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K&L Gates represented a Native village corporation regarding board policies on privacy and conflict of interest.
Employment and Benefits