Native American Law
Legal issues involving tribal governments and tribal enterprises often require balancing tribal sovereignty, business, and government. Procopio advises tribal governments and tribal enterprises on governance, economic development, gaming, land use, environmental, healthcare, litigation, and other legal matters. We also represent businesses, developers, and other clients working with tribes and tribal entities.


Summary
Legal issues involving tribal governments and tribal enterprises require an understanding of tribal sovereignty, governance, economic development, and the unique legal relationships among tribes, businesses, and federal, state, and local governments. Procopio advises tribal governments, tribal enterprises, businesses, developers, lenders, and other clients across a broad range of legal matters affecting tribal communities and businesses.
Our multidisciplinary team represents clients in governance, gaming, economic development, land use, environmental and natural resources, real estate, healthcare, financing, litigation, employment, intellectual property, infrastructure, and other legal matters. Whether supporting the development of tribal enterprises, negotiating complex commercial transactions, protecting natural and cultural resources, or representing clients in tribal, state, federal, and appellate courts, we provide coordinated legal counsel tailored to each client’s unique objectives.
The practice is led by attorneys with deep roots in tribal communities, including multiple enrolled tribal members. Our attorneys have helped shape modern federal Indian law, including successfully arguing California v. Cabazon Band of Mission Indians before the United States Supreme Court, the landmark decision that established the foundation for modern tribal gaming. Today, the practice continues to be recognized by Chambers and Partners for Native American Law.
Our commitment extends beyond client representation. For decades, Procopio has invested in tribal communities through pro bono legal services, leadership in Native legal organizations, partnerships with tribal educational and community programs, and our paid Native American Law Internship Program. By mentoring Native law students, supporting future tribal leaders, and maintaining long-standing relationships with tribal organizations throughout the region, we strive to strengthen both the communities we serve and the future of Native American law.
Governance & Self-Governance
Helping tribal governments build strong legal and governance foundations.
- Tribal governance and self-governance compacts
- Tribal codes, ordinances, and policy development
- Board governance and training
- Intergovernmental agreements
- Tribal regulatory programs
- Employment and workforce matters
Economic Development, Real Estate & Finance
Supporting the financing, development, expansion, and operation of tribal enterprises and commercial projects.
- Gaming and hospitality development
- Real estate acquisition and development
- Commercial leasing and rights-of-way
- Project financing and refinancing
- Hotel, casino, and mixed-use development
- Commercial contracts and development agreements
- Business formation and tribal enterprises
Land, Natural Resources & Infrastructure
Helping clients manage, protect, and develop tribal lands and natural resources while supporting long-term infrastructure and community priorities.
- Land acquisition and fee-to-trust matters
- Land use planning
- Environmental permitting
- Water rights and utility infrastructure
- Energy and renewable energy projects
- Cultural and natural resource protection
- Infrastructure planning and development
Healthcare & Essential Services
Supporting the delivery of healthcare, governmental programs, and other essential services that strengthen tribal communities.
- Tribal healthcare operations
- Indian Health Service contracting
- Healthcare compliance and privacy
- Community facilities
- Government programs
- Essential public services
Resolving Disputes & Protecting Tribal Interests
Representing tribal governments, tribal enterprises, and other clients in disputes while protecting sovereignty, business interests, and long-term objectives.
- Tribal court litigation
- State and federal litigation
- Appellate advocacy
- Gaming disputes
- Vendor and commercial disputes
- Construction disputes
- Employment disputes
- Intellectual property
Governance & Self-Governance
- Negotiated tribal-state gaming compacts and advised tribal governments on gaming ordinances, governance, and regulatory matters across multiple jurisdictions.
- Drafted tribal codes, ordinances, charters, governance documents, and operational agreements supporting tribal governments and tribal enterprises.
- Advised tribal governments on self-governance, intergovernmental agreements, fee-to-trust matters, and long-term governance initiatives.
Economic Development, Real Estate & Finance
- Negotiated the complex real estate transaction for the Navajo Nation’s Twin Arrows Casino, a $120-million gaming, resort, and golf development.
- Developed and financed a $458-million gaming project in Southern California.
- Refinanced multimillion-dollar loans for tribal entities involving gaming law, sovereign immunity, and tribal governance issues.
- Represented tribal organizations in acquiring and developing more than 200 acres for museums and other community projects and advised developers and lenders on financing projects on tribal lands.
Land, Natural Resources & Infrastructure
- Guided the permitting, environmental review, and construction of tribal solar and wind energy projects, including utility interconnection and federal permitting.
- Negotiated intergovernmental agreements involving water, air quality, utilities, infrastructure, and environmental mitigation for major projects on tribal lands.
- Advised tribal governments on land acquisition, fee-to-trust matters, utility development, cultural resource protection, and infrastructure planning.
Healthcare & Essential Services
- Advised tribal health clinics and healthcare organizations on regulatory compliance, governance, privacy, reimbursement, contracting, and operational matters.
- Counseled tribal governments on Indian Health Service contracts, healthcare operations, and compliance with federal healthcare laws.
Resolving Disputes & Protecting Tribal Interests
- Successfully argued California v. Cabazon Band of Mission Indians before the United States Supreme Court, the landmark decision establishing the legal foundation for modern tribal gaming.
- Successfully defended tribal governments on sovereign immunity and tribal court jurisdiction grounds in federal, state, and tribal courts.
- Represented tribes in significant litigation involving gaming, tribal jurisdiction, environmental issues, ADA claims, taxation, commercial disputes, and appellate matters.
Procopio’s Native American Law Practice Group is committed to doing its part to empower future leaders in Indian Country by providing paid internships to Native American law students and law students with a strong interest in federal Indian law and/or tribal law.
The Native American Law Internship provides an opportunity for two law students to gain hands-on experience dealing with everyday legal issues facing Native American communities. Interns are involved in matters that deal with specific Indian law-related legal practice matters and other legal problems facing tribal governments and Native entities.
Many past interns hold leadership positions in law and government, providing an active alumni network for program participants. We remain active with our alumni to mentor and prepare them for success in the legal profession as they grow their careers.
Our application process for 2026 is now closed. Here is what an internship application should include, for those interested in applying for 2027 when we open that process next year:
- A writing sample
- Law school transcript
- Resume
- Cover letter
When should tribal governments or tribal enterprises involve legal counsel in a project?
The earlier, the better. Involving legal counsel early can help identify opportunities and potential challenges before they affect a project’s timeline or budget. Whether the project involves governance, economic development, financing, real estate, healthcare, environmental permitting, or commercial agreements, early legal guidance can help streamline decision-making, coordinate regulatory approvals, and reduce the risk of future disputes.
Can Procopio serve as outside counsel to a tribal government or tribal enterprise?
Yes. We regularly serve as trusted legal counsel to tribal governments and tribal enterprises, advising on day-to-day legal matters as well as long-term strategic initiatives. Depending on our clients’ needs, we may serve as primary outside counsel or work alongside in-house legal departments and other advisors, providing coordinated support across governance, economic development, litigation, real estate, employment, environmental matters, healthcare, and other legal issues.
How do you help businesses work successfully with tribal governments and tribal enterprises?
Businesses operating on tribal lands or partnering with tribal governments often encounter legal issues that differ significantly from those in other commercial settings. We help developers, lenders, contractors, vendors, and other businesses understand tribal legal frameworks, negotiate agreements, navigate jurisdictional issues, and build productive long-term relationships with tribal governments and enterprises.
How do you help tribes balance economic development with cultural preservation and environmental stewardship?
Economic development and cultural preservation are not competing priorities. Successful tribal projects often require thoughtful planning that advances economic opportunities while protecting cultural resources, natural landscapes, and the long-term well-being of tribal communities. Our attorneys work closely with tribal governments, environmental professionals, planners, and regulatory agencies to help clients navigate permitting, land use, infrastructure, and development projects in ways that reflect each tribe’s unique priorities and values.
Can you help with disputes involving tribal sovereignty or jurisdiction?
Yes. Our attorneys have extensive experience representing tribal governments, tribal enterprises, and other clients in disputes involving tribal sovereignty, sovereign immunity, tribal court jurisdiction, gaming, commercial matters, and other complex legal issues. We represent clients in tribal, state, federal, and appellate courts and help develop litigation strategies that reflect both the legal and practical considerations unique to tribal matters.
What should tribal governments and enterprises look for when choosing legal counsel?
Legal issues involving tribal governments often require experience that extends beyond a single area of law. Look for counsel with a deep understanding of tribal sovereignty, governance, economic development, and the unique legal relationships among tribes, businesses, and government agencies. Equally important are long-term relationships with tribal communities, experience across multiple legal disciplines, and a collaborative approach that aligns legal strategy with each client’s long-term goals.
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