Congress Considers Indian Energy Development Legislation
On September 10th, the Senate Committee on Indian Affairs published an Indian Energy Concept Paper regarding the future of energy development and efficiency in Indian Country. The Concept Paper identifies three strategic areas of concern: (1) antiquated laws and overbearing regulations that impede Indian energy development; (2) obstacles that prevent investment in Indian energy projects; and (3) Indian access to the transmission and distribution system to deliver energy.
Since the creation of Indian energy provisions in the Energy Policy Act of 2005, there has not yet been an Indian tribe that has successfully negotiated a Tribal Energy Resource Agreement with the Secretary of the Interior. Without Tribal ability to plan, develop and operate energy projects, the ability of the United States to fully access domestic energy resources – a matter of national security in terms of limiting reliance on foreign oil services – will be marginal. The Western, Indian-centric United States produces approximately 45% of the country’s renewable energy capacity and as such, Western states have policies that foster exploration, research and development of renewable energy projects.
Federal legislation should do the same. In particular, federal energy laws should provide Indian tribes and entrepreneurs to access to net metering, green energy credits, tax incentives, sales tax exemptions, rebates, low interest loans, and grant opportunities. All such solutions will help Indian energy developers capitalize projects.
Federal legislation should also bring a halt to the impediments of federal bureaucracy relative to Indian energy development. Tribal Energy Resource Agreements can be a useful tool to realize Indian energy plans, but only when they are negotiated with and approved by the Secretary in a timely manner. Congress should also consider how tribes can access the electric power grid, meaning whether and to what extent they must interface state utility regulatory agencies, recognizing the challenges that Indian utilities will have in negotiating contracts, tariffs and rates with state or local government.
It is widely believed that for Indian Country to achieve economic independence, tribal energy resources must be tapped. With proper federal facilitation, energy can and should power the future of Indian Country.
