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Indian Tribal Energy Development and Self-Determination Act Amendments of 2017

Floor Speech

Date: Dec. 10, 2018
Location: Washington, DC
Issues: Indigenous Peoples Energy

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Mr. Speaker, we talk a lot about leveling the playing field when it comes to economic development on Tribal lands. Passage of S. 245, the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017, will help achieve that goal in the area of energy development.

Tribes have stated for years that the many Federal laws governing the development of Tribal energy resources are complex and often lead to significant costs, delays, and uncertainties for all parties. This tends to discourage development of Tribal trust energy resources and drive development investments to private or non-Tribal lands, resulting in Tribes losing out on much-needed revenue and jobs.

S. 245 will provide Tribes with greater control and flexibility in developing and managing both their traditional and renewable energy resources, so I am happy to support this bill today. But this is just a start.

In the next Congress, I hope we can work together to pass legislation that addresses the other disparities that hinder Tribal economic development as well as incentivize renewable energy development on Tribal lands.

Mr. Speaker, based on recent conversations with the Committee on Energy and Commerce Democratic staff, I would also like to note that the Senate has included an amendment to the Federal Power Act in this bill that contains the definition of the term ``Indian Tribe'' for the purposes of section 7(a) of the act. The intent of the Senate seems to be to ensure that Alaska Natives are included within that term.

The Federal Energy Regulatory Commission, or FERC, currently and historically has interpreted the term ``Indian Tribe'' in the Federal Power Act to include Alaska Native villages or regional or village corporations. Explicitly including this reference in the amended section 7(a) should in no way be interpreted to exclude Alaska Native villages or regional or village corporations within the meaning of the term ``Indian Tribe'' elsewhere in this act.

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