INDIAN GAMING AND BUSINESS
We represent tribal clients on various issues involving Indian gaming, gaming development, economic development ventures, and finance matters. We advise clients on the Indian Gaming Regulatory Act (IGRA); National Indian Gaming Commission regulatory process and compliance/enforcement actions; Bureau of Indian Affairs regulatory process as well as Department of the Interior policies. We represent tribes in contract negotiations involving Development Agreements, Management Agreements, Tribal-State Compacts and Inter-Governmental Agreements. We also serve Tribal Gaming Commissions in licensing and compliance functions.
INDIAN LANDS
We counsel tribal clients on a variety of Indian land issues including IGRA “Indian lands” and gaming-eligibility issues; NIGC and BIA “Indian Land” opinions and determinations’ Land-into-trust acquisitions; Fee-to-restricted fee transfers; Indian reservation determinations and BIA proclamations; Indian Non-Intercourse Act/Section 177 matters, and “Section 81” issues.
INDIAN FINANCE
We advise tribes, tribal businesses, investment banks and other lenders, and developers on project- and debt-and equity-financings and tax credit transactions (New Markets Tax Credits and LIHTCs) for casinos, hotels, infrastructure, tribal administration buildings and other investments and projects. Padraic McCoy has over $1.0 billion in tribal finance experience, and in 2008 received Chambers USA’s ranking on its list of “America’s Leading Lawyers for Business.”
FEDERAL INDIAN LAW & TRIBAL GOVERNANCE
We serve tribal nations and tribal entities on a wide range of matters involving tribal governance and operations. We have significant experience in developing Tribal codes, ordinances and resolutions. We assist tribes in the formation of agencies, departments, tribal courts and other tribal entities. We counsel housing departments and housing authorities and provide assistance with policy making. We advise on Indian Child Welfare Act and Indian probate/American Indian Probate Reform Act and represent tribes in related legal proceedings.
LAND USE, ZONING AND ENVIRONMENTAL
We work with tribal nations and private developers on a variety of land use and zoning matters. Our team has conducted large-scale due diligence reviews, assisted with strategic planning, managed permitting compliance, and represented clients through all stages of land development and entitlement process. We advocate for our clients before state, local and regional agencies, boards, and commissions. We have significant experience in the federal NEPA process, including Categorical Exclusions and Environmental Overviews, Environmental Assessments, and Environmental Impact Statements, as well as state-law equivalents such as state environmental policy acts and required studies and processes. We assist our clients in navigating federal permitting processes and ensuring compliance with complex frameworks such as the Clean Water Act; Clean Air Act; the Coastal Zone Management Act; CERCLA; the Endangered Species Act; the Energy Policy Act of 2005; the Federal Land Policy and Management Act; the Federal Power Act; the Fish and Wildlife Coordination Act; the National Historic Preservation Act; the RCRA; and the Wild and Scenic Rivers Act. Our environmental experience includes close work with federal and state agencies, such as EPA, the Fish & Wildlife Service, the Bureau of Land Management, the Bureau of Indian Affairs, the Bureau of Reclamation, and state environmental, transportation, and water departments.
LITIGATION
We represent tribes, tribal agencies and businesses in litigation matters before federal, state and tribal courts and the Office of Hearings and Appeals, Department of the Interior, including various U.S. district and circuit courts and the U.S. Supreme Court.
GOVERNMENTAL AFFAIRS AND POLICY
We zealously advocate for tribal nations in the public policy arena, on legislative initiatives and government affairs matters. We have built deep experience with current and past officials and career personnel in various state, local, and especially federal administrations – including at the U.S. Department of the Interior, the Bureau of Indian Affairs, the National Indian Gaming Commission, the Bureau of Land Management, the Department of Justice, and other important offices and agencies with whom our clients work. We advocate for clients in a wide range of governmental interactions, including legislative affairs, land approvals, and regulatory matters.
REAL ESTATE TRANSACTIONS, HOUSING INITIATIVES AND CONSTRUCTION
We regularly assist parties across the country in the purchase, sale, leasing, right-of-way, entitlement, development, and financing of real estate. We represent tribes, owners, developers, lenders, and others in a broad variety of real estate matters, from the leasing of agricultural lands, to commercial and business leases, to development agreements, to purchase and sale agreements, to the development of office buildings, including government buildings, and senior and low-income housing. We have special expertise in the development and financing of commercial and hospitality properties for casinos, hotels, and related uses. We also have experience in real estate development with the assistance of tax credit programs, including the use of the Low-Income Housing Tax Credit Program (also known as the Section 42 Credit) to finance these special development projects. We assist clients with construction financing, including owners (private and public), developers, architects, and builders. We advise parties on the proposal and bid process, and the review and negotiation of construction agreements--owner-architect agreements, owner-contractor agreements, AIA documents, construction financing and construction disbursement agreements, construction management and consulting agreements, and development agreements. We also assist clients with legal issues that may arise during and after the construction process, such as lien-waivers, lien initiation, collections matters, and dispute resolution. We also serve as outside General Counsel to a regional construction & environmental remediation company, where we represent the company in all its business and construction legal needs.
