THE OKLAHOMA BAR JOURNAL 50 | APRIL 2024 Indian Law The Model Tribal Energy Code: Energy Sovereignty for Native American Nations By Dr. Greg Guedel and Philip H. Viles Jr. THE TRIBAL ENERGY CONSORTIUM, a Native American-led nonprofit organization, has created the first Model Tribal Energy Code for the self-governance of energy resources by Native American nations.1 Developed in partnership with tribal governments, tribal energy enterprises and tribal law experts throughout the United States, the Model Tribal Energy Code provides a starting point for Native American nations to create a comprehensive, “best-of-all-worlds” set of tribal energy laws to establish self-governance over energy development and distribution within their jurisdictions. The Model Tribal Energy Code provides Native American Nations with: 1) A full legal code for tribal self-regulation of energy development activities; 2) Legal terms that are recognized and accepted by the industry and the federal government, enabling tribes to assume direct control of energy resources and policies within their jurisdictions; 3) Provisions that operationalize Native American sovereignty and replace state and federal control over tribal resources; and 4) Streamlined procedures and partnering opportunities to create competitive advantages for tribal economic development. The Model Tribal Energy Code presents a pathway for the advancement of Native American energy development – from being under federal regulatory authority to sovereign tribal governance. Utilizing efficient legal procedures and the strategic application of sovereignty to create commercial advantages, the Model Tribal Energy Code offers a new approach to the management of Native American energy resources and creates new sustainable energy opportunities for the long-term benefit of tribal communities. TREMENDOUS RESOURCES, INADEQUATE FEDERAL MANAGEMENT Native American lands are extraordinarily rich with mineral energy resources, such as coal, oil, gas and radioactive elements.2 Tribal lands contain 30% of America’s coal reserves west of the Mississippi River, 50% of America’s uranium reserves and 20% of America’s known oil and gas deposits.3 In addition to these extractive energy resources, the National Renewable Energy Laboratory has documented thousands of gigawatts of wind and solar potential present within tribal communities.4 With appropriate management, Native American nations possess ample resources to not only become 100% self-sufficient Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
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