The purpose of this course
is to provide an introduction to natural resources
development in Indian country, with a concentration
on the development of minerals and energy resources
and associated rights of way. Mineral and energy
resources in Indian country are extensive, with approximately
two million acres of Indian lands under leases administered
by the Department of the Interior, and approximately
ten percent of all on-shore federal energy production
occurring on Indian lands. Development of these
resources in Indian country is governed by a web of
federal statutes and case law, including a new Indian
energy title in the Energy Policy Act of 2005. The
course will begin with an introduction to mineral development
and a careful exploration of the primary mineral/energy
development statutes, tracing the ever-increasing role
of tribal governments in the development of their resources. The
course will then explore the federal role in mineral
development, considering the Department of the Interior’s
role in approving mineral leases and agreements, and
actions for breach of Interior’s trust responsibility. Next,
the course will consider rights of way, with particular
emphasis on energy and utility rights of way. The
course will then look at regulatory aspects of mineral
and energy development, including taxation of such
development by both tribal and state governments, and
environmental regulation of mining activities, with
an emphasis on pre-development environmental review. |
