Native American Law

Native American law requires not only a strong understanding of federal and state laws, but also in-depth knowledge of tribal governance. Those working directly with, or on behalf of, a sovereign tribal government benefit from partnering with a legal team experienced in navigating this complex area of law.

Dickinson Wright has extensive experience in Indian law, tribal rights, and the legal, economic, and cultural issues affecting Native Americans, First Nations peoples, and those doing business with them.

Our Team

Our Native American Law practice, which includes members of federally recognized tribes, brings together lawyers from closely related disciplines, including energy, water, public finance, corporate and project finance, construction, real estate, gaming, and governance. Together, they offer broad experience and practical insight into the issues our clients face.

Our Services

Economic Development: We represent clients in economic development transactions involving gaming, energy development, water resource development, and other commercial opportunities. We also help clients address issues involving tribal sovereignty, waivers of immunity, and taxation.

Project Development: Our team helps clients structure projects that comply with applicable laws and regulations while maintaining their economic integrity and supporting project financing.

Energy and Natural Resource Development: We assist clients with the development, acquisition, and protection of energy and natural resources. Our team represents mineral owners, energy producers, and transporters in the development and financing of energy production facilities. We also advise on sustainability policy development and implementation.

General Counsel: Our Native American Law team provides broad legal counsel to clients across a number of industries, with a focus on their legal, operational, and business objectives.

Gaming: We represent tribal casinos, gaming regulatory agencies, vendors, and suppliers in all phases of tribal gaming, including securing federal and state approvals, negotiating financing, developing casinos, establishing vendor relationships, supporting casino operations, and maintaining regulatory compliance.

Litigation: Our lawyers litigate matters involving Native American law, tribal rights, and land claims in federal, state, and tribal courts.

Governance: We counsel local governments, private companies, and other non-tribal clients in business dealings on Indian reservations and with tribal governments and communities. Our work includes:

• Advising and representing clients in matters involving tribal sovereignty and sovereign immunity
• Advising clients on employment practices for operations located on or near tribal lands
• Providing general representation to tribes, including securing status clarification for unrecognized tribes; developing and drafting tribal constitutions, codes, bylaws, and ordinances; and assisting with land claims
• Organizing and advising tribal business entities, including telecommunications companies and economic development agencies
• Advising tribes and private parties on tax matters involving tribal lands, tribal parties, and other issues governed by Native American law

Representative Matters

Our Native American Law attorneys have represented tribes, non-tribal governments, and private parties in state, federal, and tribal courts in connection with matters including:

• Protected tribal trust resources and the environment, including matters involving claims and title, water rights, fishing, hunting and gathering rights, and cultural resource protection.
• Negotiated leases for commercial developments on Indian reservations, including power plants, shopping centers, and golf courses.
• Advised tribes on financing for tribal casinos, including negotiations, opinion letters, and the drafting of tribal ordinances and resolutions required to obtain financing.
• Secured federal and state approvals required for Indian gaming, including land-to-trust applications, gaming determinations, tribal ordinance drafting, compact negotiations, negotiations with city and county governments, and National Indian Gaming Commission approval of financing, development, and management agreements.
• Secured gaming licenses for vendors and suppliers serving tribal casinos.
• Provided legal opinions regarding water supply contracts with tribes, including in connection with project financing.
• Guided clients in identifying and evaluating options for securing interests in land within and adjacent to reservations, including allotments, restricted lands, tribal trust land, and tribal fee land. These matters involved high-voltage transmission lines, utility-scale solar and wind projects, and large-scale water infrastructure.
• Advised clients on National Historic Preservation Act Section 106 compliance, including negotiating programmatic agreements involving multiple tribes in the Southwest for a transmission line spanning more than 500 miles.
• Negotiated agricultural leases with allottees and tribal governments involving tribal trust lands.
• Provided support for the sale and transfer of restricted and allotted lands, including navigating Bureau of Indian Affairs review, appraisal, and approval processes.
• Represented the owner of a gas-fired power plant built on land leased from the Fort Mojave Indian Reservation in litigation involving federal preemption of state and local property taxes on permanent improvements and personal property located on leased tribal lands.
• Challenged agency actions affecting Indian tribes and their members in administrative proceedings and federal courts.