Services

Fletcher Law Services

Fletcher, PLLC provides its clients with both legal representation and strategic public policy consulting services. We work with tribes, tribal organizations, and tribally-owned businesses on a range of complex issues, including:

Fee-to-Trust Process:

The process of acquiring land in trust can be complex, and involves much more than the submission of paperwork. We work with our clients to tailor and manage their applications to ensure successful and timely review by the BIA. This includes ensuring compliance with federal regulations, managing relationships with partners and consultants, and developing a strategy to address public policy issues involved in the process.

Leasing:

The leasing of Indian lands is critical to housing and economic development in tribal communities, and the federal laws are changing. Our team works with tribes and Indian landowners to negotiate and execute leases that receive federal approval. We are also poised to work with tribes to develop their own leasing regulations under the HEARTH Act of 2012.

Gaming Regulation:

Federal law governing the regulation of tribal gaming activities can be complex and challenging. We help our clients comply with federal law, work with the NIGC on the approval of gaming ordinances and management contracts, and ensure the successful regulation of gaming activities. We also work to monitor issues relating to compliance with tribal-state gaming compacts, and ensure that states are fulfilling their obligations under agreements with our clients.

Financing:

Working to negotiate fair financing for tribal projects can often be challenging. Our team members have negotiated and drafted documents with banks and other financiers for gaming facilities, non-gaming construction projects, and refinancing debt. We are very familiar with the process to secure any federal approvals (or declinations) regarding financing documents on gaming projects. All together, our team members, have been a part of bringing approximately $650 million of financing to Indian Country.

Gaming Development:

The development of a tribal gaming project requires tribes to plan for issues beyond the acquisition of land. Tribes must work address federal, state, and local government concerns, and issues raised by citizen organizations. They must also comply with environmental regulations, work with business partners and financing organizations, and manage other consultants. Our firm can assist clients in managing any or many parts of this process – from the federal approval process, to a broad-based strategy to bring the project to fruition. Our team members have experience on this process from nearly every side, from within the federal government to tribal representation to representing developers in the past.

Tribal-State Gaming Compacts:

The Indian Gaming Regulatory Act requires tribes to negotiate gaming compacts with states in order to operate class III gaming facilities. We assist our clients in developing a negotiating strategy that is tailored to meet their objectives and that results in a deal that obtains federal approval. We also work to ensure compliance on both the tribal and state side of these agreements.

In-House Matters:

As tribal governments grow and offer their citizens more services, they need effective legal counsel to help ensure compliance with tribal and federal laws. We work with our clients to help manage issues related to human resources and employment, to tribal elections. We work with tribal governments on the development of tribal laws, as well as tribal government agencies to ensure compliance with those laws.

Government Relations:

As sovereign nations, tribes have the authority to manage their own affairs. They must also interact with other governments, whether that includes federal agencies, state governments, or local governments. Our team members have extensive experience in managing these relationships and drafting agreements between tribes and other governments. We also provide strategic counseling to our clients to overcome challenges they face in intergovernmental relations.

Business Relations:

Tribal governments and tribally-owned businesses enter into relationships with banks, investors, and private companies for a variety of reasons. We provide services to our clients that are critical to successful business relationships. These include financing and other contractual arrangements, structuring business entities under tribal or state law, and advice related to protecting tribal sovereign immunity in a way that allows for our tribal clients to enter into successful business relationships.

These areas represent just a part of Fletcher, PLLC's capabilities. We have also represented clients on P.L. 638 contracts, secure rights-of-way, and civil and criminal proceedings.

We know that every tribe and every situation is different. That is why we work with our clients, and their teams, to address their unique needs – rather than attempt to bring a "one size fits all" model of representation to prospective clients. We are also committed to working with clients to manage costs and obtain results efficiently, so they can use their funds in their communities.

 

 

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