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Office of Indian Energy Policy and Programs

Learn about the impact of the HEARTH Act and 25 C.F.R. 162 on renewable energy leases on tribal lands. Hear insights from key presenters and explore due diligence considerations for tribes and developers.

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Office of Indian Energy Policy and Programs

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  1. Office of Indian Energy Policy and Programs 2013 Tribal Webinar Series Renewable Energy Case Studies: Tribal and Developer Perspectives October 30, 2013 11:00 am – 12:30 PM

  2. Today’s Presenters • Randy Manion manion@wapa.gov • PilarThomas pilar.thomas@hq.doe.gov • David Nahai dn@davidnahai.com • Roderick (Rod) Phillip tanqikp@yahoo.com

  3. Renewable Energy Leases on Tribal Lands by David Nahai Partner and Co-Chair Real Estate, Energy, Water, and Environmental Practice

  4. Two measures substantially alter a status quo that has been in effect for 50 years: • The HEARTH Act and its implementing National Policy Memorandum; and • Revisions to 25 CFR 162, “Leases and Permits”

  5. THE HEARTH ACT

  6. The HEARTH Act and National Policy Memorandum (“NPM”) empower Tribes to create self-governing leasing regulations, subject only to initial approval by BIA. The NPM furnishes guidance as to the components of the leasing protocols. This guidance will expire on January 16, 2014.

  7. The HEARTH Act amends the Indian Long Term Leasing Act of 1955 and extends the provisions of the Navajo Leasing Act of 2010 to federally recognized tribes.

  8. The National Policy Memorandum sets forth the areas to be covered in Leases, but not how they must be handled. Different considerations apply to an office building lease, a hotel lease, an elder care facility lease, a solar farm, and a wind project lease.

  9. 25 C.F.R. 162

  10. The new Regulations actually revise 25 C.F.R. 162, “Leases and Permits” and now impose a 60 day time limit on the BIA to disapprove of any solar and wind leases from the time an application is deemed complete.

  11. The Regulations, unlike the HEARTH Act, do cover individual landowners, but, like the HEARTH Act, only apply to surface leases.

  12. DUE DILIGENCE CONSIDERATIONS

  13. Ten Issues a Tribe and a Developer Should Address Before Embarking on a Renewable Energy Lease

  14. Resource • Team • Approvals • Transmission • Offtakers

  15. Financing • Compensation • Technology • Employment and Training • Outreach Plan

  16. The Moapa Transaction

  17. Live example of a large project located on an Indian Reservation that has secured a PPA - the Moapa KRoad project. • 250 MW from the Moapa Band of Paiute Indians.

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