Title V Indian Tribal Energy and Self Determination Act of 2005 by Michael Baker Jessica Edick Julia Raybould Ned Shalanski
T RIBAL/FEDERAL LEG ISLAT IVE HIST O RY • Indian Removal Act of 1830 and Dawes Act of 1887 still fresh in the minds of many Native Americans • Taking cues from the Civil Rights Movements, by mid-twentieth century, Native Americans organize for equal and fair rights • Leading this push is AIM (American Indian Movement) formed in 1968 • AIM directs the Siege at Wounded Knee in 1973 Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
T RIBAL/FEDERAL LEG ISLAT IVE HIST O RY p t. 2 • Siege at Wounded Knee inspires the forming of NANRDF in 1974 and CERT in 1975 • These two organizations coordinated their efforts to manage and market energy resources such as oil and coal. • CERT became a stumbling block for federal bureaucracies like the BIA and other manipulative agencies • However, federal mistreatment of Native Americans continued under the Regan administration Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
• By the end of the 20th century, Native Americans had cumulatively lost many millions in royalties for gas and oil and over one hundred million acres of land resulting from federal legislation Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
Tribe Resources • Indian land trusts include 56,000,000 acres with large mineral deposits of coal, oil, gas and uranium (Utter, 1993) • Though only 2% of US land is tribally owned, these lands contain more than 30% of US fossil fuel deposits (Reese, 2005). • In addition to these fossil fuel reserves, tribal lands also represent a valuable source for renewable energy resources, such as solar or wind energy (Haukas, 2006). Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
-Gas Prices have risen an average of $.60/gallon since the beginning of this year . -Why? Increasing worldwide demand AP Photo Political instability Natural disasters Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
Tribal lands are an important source for renewable energy and alternative energy as well. February 27, 2003: the first utility-scale Native American wind turbine was installed on the Rosebud Sioux Indian Reservation. (South Dakota) PRESIDENT BUSH SAYS 2007 BUDGET WILL INCLUDE $44 MILLION FOR WIND ENERGY RESEARCH. Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
INTRODUCING… THE TITLE V INDIAN ENERGY AND SELF DETERMINATION ACT OF 2005 Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
•The most relevant parts of the legislation to Native American resource management are Sections 2603 and 2604 under Title V •Section 2604 grants more authority and independence to Native American tribes in the pursuit of business agreements, leases and rights of way related to energy resources on their land •The section continues to read that these decisions “shall not require review by or approval of the Secretary [of the Interior] if …” Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
•This section also establishes Tribal Energy Regulation Agreements (TERA) which allows Native Americans to control energy resource development projects occurring on their land once they have gained overall approval from the BIA •Also, in the new law, Section 2603 allows tribal nations to receive Energy Department grants which have only been available to states in previous years •According to supporters, the act is intended to help provide energy and boost the economy for these nations, and provide an additional source of energy for those not living on tribal lands as well Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
•The most controversial aspect of the bill is Section 1813 that requires the DOI and the DOE to conduct a joint study that analyzes the historic rates of compensation for any type of Right of Way (ROW). •ROW contracts describe the leasing to energy companies the right to use tribal land to transmit energy through pipes or cables, or the exploration and development of energy resources on tribal land. •Congress incorporated this study into the law as a compromise between industry and tribes interests Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
Section 1813 • A Study of “issues regarding energy Rights Of Way on Tribal Land” • Results to be reported to Congress on August 8 th , 2007 Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
Indian Response • Belief “that the study is the underpinning of a larger agenda on the part of certain oil and gas companies in anticipation of negotiation struggles with Indian tribes over compensation for rights-of-way over Indian lands.” - Devers and Garcia, 2006. Letter from CERT and NCAI to the 1813 study. Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
Why is there the lack of trust from the Indian Tribes? • Many pieces of previous legislation that have led to broken promises and great hardship for tribes •The Rosebud Sioux Tribe of South Dakota right of way scandal •Confederated tribes of the Umatilla Indian Reservation right of way scandals •Seizure of Hopi and Navajo lands resulting from the 1974 Navajo and Hopi Land Settlement Act Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
Business Response • The work plan for the report will “provide direction towards balancing the need for equitable compensation with tribal self-determination and related tribal interests, and important energy needs and policies” • McClain, 2006. Letter to the 1813 study from Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
Title V Supporters • Western Utility Companies • Western State Congressmen • Tribal NGO’s like CERT Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
CERT Support added much needed backing for the policy that increased the power of the legislation due to at least partial American Indian support Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
•The enactment of the Indian Self-Determination and Education Act of 1975, gave tribes more authority over their internal affairs, but did not effect environmental management significantly •Past few decades of energy policy for tribes has been characterized by Epoch I governance approach •BIA regulates all energy resource development on tribal land • Energy Policy Act of 2005 has potential to advance energy governance to Epoch II • The role of the state as stated in the legislation, would transform to mainly that of oversight and funding • Input from local tribes for TERA studies which federal agencies should incorporate into enacted legislation Michael Baker, Jessica Edick, Julia Raybould, Ned Shalanski
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