Pushing for tribal energy development
By Rob Capriccioso
Story Published: Nov 3, 2009
WASHINGTON – Several tribal leaders have told Congress in recent days
that it must encourage the creation and growth of energy initiatives on
tribal lands
“American Indian energy resources hold enormous potential to create tens
of thousands of good-paying jobs, generate substantial revenue for the
tribal owners, and aid in the development of tribal economies,”
testified Marcus Levings, chairman of the Three Affiliated Tribes of the
Fort Berthold Reservation in North Dakota, at an Oct. 22 hearing of the
Senate Committee on Indian Affairs.
“An often-overlooked aspect of Indian energy is that it helps satisfy
the American economy’s need for a reliable energy supply.”
Levings is also a leader with the Council of Energy Resource Tribes.
“There is tremendous potential for renewable energy development in
Indian country,” added James Roan Grey, the Osage chairman of the Indian
Country Renewable Energy Consortium.
“We also know the present reality: Actual projects have been slow to
materialize. This is due to a variety of obstacles ranging from overly
complex and burdensome lease approval processes to difficult
transmission access and ill-fitting financial incentives.”
Grey described problems tribes have faced involving leasing,
infrastructure, financing and federal programs.
Many tribal leaders have mentioned financial disincentives under current
federal policy as a chief barrier to tribal energy growth. A lack of tax
benefits are one such barrier.
Sen. Byron Dorgan, D-N.D., SCIA chairman, made it clear through the
course of the hearing that he thinks tribal energy development could be
the wave of the future, if not for too many cumbersome federal
regulations.
Dorgan also decried what he called a “49-step” process for energy
development on reservations and said he will ask Department of the
Interior Secretary Ken Salazar to put one person in charge of Indian
energy.
Several committee members, including Republican Sens. John Barrasso of
Wyoming and Lisa Murkowski of Alaska, voiced support for better tribal
energy policy.
Sen. Tom Udall, D-N.M., asked why tribes haven’t followed the Tribal
Energy Resource Agreements authorized by the Energy Policy Act of 2005.
Grey and others testified that many tribes don’t want to enter into
TERAs mainly due to questions surrounding federal government trust
liability.
Beyond the hearing, the committee has held several staff-led listening
sessions with tribal leaders throughout the country in recent weeks.
Senate staffers predicted at a Sept. 30 meeting on Capitol Hill that
tribal energy legislation would likely be introduced pending a short
list of other legislative matters currently capturing the attention of
Congress members.
The committee has previously released an Indian Energy and Energy
Efficiency concept paper. The paper is based on previous congressional
testimony and other statements from tribal leaders.
In the paper, the committee identified three major barriers to Indian
energy development: Outdated laws and cumbersome regulations for tribal
energy development and programs; lack of tribal access to the
transmission grid; and difficulty in obtaining financing and investment
for energy projects.
Studies have found that tribal lands have some of the most abundant wind
and solar energy in the nation. And relatively little has been done with
it.
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