Tribal Energy Policy Development Meeting
April 14 and 15, 1999
Washington, DC

This is a draft report from a meeting with members of the Intertribal Energy Network who came together to work on the further development of policies on Indian energy development. The Intertribal Energy Network includes Affiliated Tribes of Northwest Indians, the All Indian Pueblo Council, the Council of Energy Resource Tribes, the Intertribal Council of Arizona, the Mni Sose Intertribal Water Rights Coalition, Southern California Tribal Chairman's Association.


Overview of the Meeting

Building on the work done at the National Tribal Electric Energy Visioning Workshop in February, this session focused on policy and program support for tribal energy initiatives. Participants worked on the development of two main products from this meeting:

1. Specific policy and program components for what was called the "Comprehensive Indian Energy Act of 1999"
2. Recommendations for implementation of short-term strategic priorities for furthering the collaborative intertribal energy efforts

In addition to the working sessions, participants received a briefing from Chris Stearns, Director of Indian Affairs at the Department of Energy, and Derrick Watchman, Special Assistant to the Secretary at the Department of Energy. they presented the tribal provisions within the Comprehensive Electricity Competition Act.


Program and Policy Components

The following are specific components for the Comprehensive Indian Energy Act. They include eight arenas of focus.

The following shows each focus and its particular components. In addition to these, participants defined several cross-cutting elements. These are listed below. When this work moves on to be developed, each focus arena will be scrutinized for the various cross-cutting elements.

CROSS-CUTTING ELEMENTS

GOVERNMENT TO GOVERNMENT
Components

• Amend to CECA...and Indian Tribes throughout
• DOE Indian Electrification Office--President appoints Assistant Secretary
• Inclusion of Low-Head Hydro in RPS (Renewable Portfolio Standards)
• DOE Buy Indian Policy
• Active Participation in Decision-Making
• Pro-active Trust Responsibilities DOE and Agents, BOR
• PMA Tribal Liaisons BPA, WAPA, SPA, etc.
• IRP Funding & Technical Assistance to Fulfill Trust
• EIA Include Tribes in National Data Systems
• Renewable Portfolio Standard for Generation and Transmission

NON-COMPETITIVE FUNDING
Components

• Energy Planning Grants for Every Tribe Based on Population
• Dollars for Tribal Energy Policy & Energy Planning
• Encouraging Housing Authorities Levelized Energy Payment Program

PROJECT FUNDING
Components

• DOE Managed Multi-Year Tribal Energy Development Block Grant
• Indian Set Aside for All DOE Energy Programs
• Financing and Funding for Conservation, Energy, Efficiency, and Renewables
• Reservation Weatherization Program DOE/HUD
• Investment Tax Credits on Indian Country (Generation, Transmission and Distribution)
• EDA 301 Planning Grants

HUMAN RESOURCE DEVELOPMENT
Components

• Grants for Educational Institutions for Tribal Energy Expertise Development
• Energy Summer Institute
• Tribal Technical Training Program
• Internships & Trainingships
• Externships & Exchanges

TECHNICAL ASSISTANCE
Components

• National labs Assist Tribes
• IPA Loans to Tribal Energy Programs
• Technical Assistance Monies to Tribes
• Access Existing Materials from Government Agencies

INFRASTRUCTURE
Components

• Access to Grid
• Development Load
• Low Interest BIA/DOE Loans for Energy Infrastructure
• Recognition of Tribal Economic and Population Growth and Needs
• Disaster Emergency Preparedness Planning (To Climate Variability & Extremes)
• Tribal Use of WAPA Power Grid for Fiber Optics & Towers for Telecommunications

REGULATION
Components

• Clarify Tribal Regulatory Independence From State (Energy Environment)
• Appropriate Enforcement Where it States, States (i.e. State Enforcement Authority) Change to State or Tribe
• FERC Indian Program
• Clarify Intertribal Trade Falls Under Federal Jurisdiction
• Secondary FERC Jurisdiction for Reservations

JURISDICTION
Components

• Tribal Environmental Laws Savings Clause (as an example
• State Restructuring Costs Do Not Apply to Tribal Customers
• Prevent Federal Facility Loads to Leave Tribal Ratebase
• Recognizing Tribal Utility Commissions' Authority

SHORT-TERM STRATEGIC PRIORITIES

Participants highlighted four strategic priorities which require immediate attention. They developed a quick sketch of details on each of these. The four short-term strategic priorities included:

TOPIC: Field Hearings

INTENT: Create a public record which supports legislation existing and future. Educate and focus the constituency. Educate non-Indian population. Allow the public to speak up.

STRATEGIC ELEMENTS

• Recognize Economic/Social Impact
• Not Indians us Non-Indian are Relationships Forming
• Showcase Indian Success Stories--T
• Prove That This Will Not Increase Rates
• Witness and Testimony Development
• Alliances With Other Groups--Greens, Minorities, etc.

RECOMMENDATION

• Target locations where there are visible examples
  • Warm Springs--Museum, Successful Model, Fish
  • Cheyenne River--Telephone Utility
  • Sites with Renewable Potential
  • Access to Existing Facilities
  • Rosebud Utility Commission
  • Deregulation Re: RECs they say they are immune
  • Southern Ute Oil & Gas
  • Tribal Utility Sites: Tohono O'odham, Ak Chin, Navajo, Gila River, Fort Mohave, CRIT

TOPIC: Memorandum of Understanding

INTENT: Develop a united front. Bring the expertise of the cooperative relationship to a formal level. Include Tribes and intertribal organizations, mutual support, cooperation, etc.

STRATEGIC ELEMENTS

• Internet
• Define the Various Approaches
• Cover Middle Ground
• Create Alliance With Gaming Tribes
• Articles in Professional Magazines (Law Reviews, Gaming Magazines, etc.)
• Alliance With Other Minority Constituencies

TOPIC: Workshop at NCAI

INTENT: To further inform Tribes, information dissemination, create visibility, get a resolution from NCAI

STRATEGIC ELEMENTS

• Promotional Materials--Light Bulb, Come Out of the Dark, Understand Indian Energy
• Gaming Conference--Workshop
• All the Indian Conference
• Preparation for Public Conference, Hydro, Energy
• Get on Agenda
• AISES Conference
• Draft Resolution Through Intertribal to NCAI

RECOMMENDATIONS: Do Resolution at June Meeting. CERT Draft -> Disseminate -> Edit -> Fall do the Resolution. In the findings, incorporate Concerns About Climate Change and Global Warming.