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GOP leaders release second draft of energy bill
Tuesday, September 30, 2003
Republicans crafting the national energy policy bill released a new version of the controversial Indian energy title on Monday, saying they incorporated the suggestions of Democrats.
Key among the changes is language that seeks to reinforce the federal government's
trust responsibilities. New provisions affirm an ongoing trust relationship with
tribes that choose to speed up development of their lands.
Left unchanged, however, is the section that waives the Department
of Interior's liability for mismanagement that might occur
on those lands.
This has been the most contentious part of the bill, raising
charges by some Democrats and some tribes that it would undermine the entire
tribal-federal relationship.
But the section has been modified to the point where the waiver
only applies under a certain set of conditions.
For example, if a tribe negotiates an agreement with a third party whose
terms are not in compliance with pre-approved tribal regulations and
federal law the government's liability remains intact.
Another revision calls on the government to protect the rights
of tribes when third parties violate federal law or tribal agreements
and that the government shall always "act in good faith
and in the best interests of the Indian tribes."
In releasing the new set of changes, Sen. Pete Domenici (R-N.M.)
and Rep. Billy Tauzin (R-La.) said they reflected "bipartisan input."
"We have made excellent progress on this energy conference," they said
in a joint statement.
Sen. Jeff Bingaman (D-N.M.), the ranking member of the Senate
Energy and Resources Committee, asked for, and received, language that
requires Interior to develop regulations that allow for "site inspections"
of tribal energy projects.
Another Bingaman section allows tribes to receive federal funding
to develop what are known as tribal energy resource agreements (TERAs).
The TERAs are at the heart of the streamlined process envisioned
by the bill.
Once a TERA is approved by Interior, tribes can enter into leases, business
agreements and rights-of-way without seeking federal approval
for each separate project.
Republican supporters, including Sen. Ben Nighthorse
Campbell (R-Colo.) note that the TERA process is entirely voluntary.
Tribes worried about releasing the government of its liability
don't have to participate.
Some tribes and tribal organizations, including the Council of
Energy Resource Tribes (CERT), back the new process.
Waiting for federal approval can cause business deals to evaporate
or go sour, they say.
Others believe the bill could have some negative impacts. The Navajo
Nation, the largest tribe in the country, and the National Congress of American
Indians (NCAI), raised concerns about the section on liability, charging
that it would encourage Interior to shirk its responsibilities.
The Department of Energy estimates that 10 percent of the nation's untapped
energy resources are on Indian land. Many tribes have eagerly tapped their coal,
natural gas and other assets.
Relevant Documents:
Indian Energy Title |
2003 Energy Legislation
Relevant Links:
Senate Energy and Natural Resources Committee -
http://energy.senate.govNational
Congress of American Indians -
http://www.ncai.orgNavajo
Nation -
http://www.navajo.orgCouncil
of Energy Resource Tribes -
http://www.certredearth.com
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