Text: The United States Federal Government should end Title V of the Energy Policy Act of 2005 Section 3504 restrictions that give the Secretary of the Interior authority to block the production of wind and/or solar energy.
Lifting TERA regulations would allow for greater tribal self-determination and boosts Native sovereignty.
Kronk 12—Assistant Professor, Texas Tech University School of Law (Elizabeth, Tribal Energy Resource Agreements: The Unintended "Great Mischief for Indian Energy Development" and the Resulting Need for Reform, 29 Pace Envtl. L. Rev. 811)
By eliminating the requirement that tribes entering into a TERA come into compliance with a federally-mandated environmental review process, tribes would, therefore, have increased decision-making authority, which in turn increases practical sovereignty that has been shown to increase the likelihood of success of a project.¶ Furthermore, reduction of the federal government’s role in energy development within Indian country correlates with the federal government’s goal to promote tribal self-determination.153 Although some tribes may not be in a position to take an increased role in decision-making within their territories, those that are in the position should be encouraged to take an increasingly active role, thereby empowering the appropriate tribes to be self-determinating.154 The failure of the federal government to recognize that many tribes are capable of independent decision-making would see tribal nations “frozen in a perpetual state of tutelage.”155