May 20 - McClatchy-Tribune Regional News - Rob Capriccioso Indian Country Today, Oneida, N.Y.


Indian leaders have been presenting serious tribal energy proposals before Congress for over a year. Definitive legislation has yet to be offered, but policy makers say they are close.

On April 22, the Senate Committee on Indian Affairs considered a draft of tribal energy legislation, titled the Indian Energy Promotion and Parity Act. The hearing was a culmination of the Senate's opinion gathering from tribal officials throughout 2009.

"We believe it is a commendable effort to remove obstacles for tribally-driven energy development," testified Joe Garcia, National Congress of American Indians president. "However, the challenges are massive."

Garcia noted that some current tribal energy projects are stuck in pre-development phases, due to lack of financing, transmission access issues, and unfavorable tax structures. All of these issues need to be accounted for in legislation, he said.

 Further, Garcia said, states and counties are increasingly keen on taxing tribal energy projects, threatening their viability and siphoning off revenue that should be going to tribal governments for needed programs and services.

"If the nation seeks energy independence, it must call upon, and support, Indian tribes in their energy development efforts," Garcia testified.

Matthew Box, Southern Ute Indian Tribe chairman, testified that the discussion drafts addressing Indian energy issues are responsive to concerns raised by tribes, but he said there was a need for a variety of technical improvements, especially in terms of improved transmission.

Another area of concern that Michael Marchand, chairman of the Affiliated Tribes of Northwest Indians, addressed was the continuing vacancy of an important federal position that oversees tribal energy areas.

"A number of the directives and authorities described in the bill are for the director of Office of Indian Energy Policy and Programs of the Department of Energy," Marchand said. "This position remains vacant at this time. We strongly urge Congress to request that the president make the appointment to this important position as soon as possible."

Ralph Anderson, Bristol Bay Native Corporation president, testified that there are no existing federal programs to provide Alaska Native tribes the direct assistance needed to help develop alternative forms of energy generation and transmission.

Despite the various issues with the current legislation, Garcia said NCAI urges Congress to quickly act on a proposal in the 111th Congress.

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