THE OKLAHOMA BAR JOURNAL 52 | APRIL 2024 natural resources within their lands, managing the development and distribution of energy in accordance with tribal laws designed specifically to serve the needs and promote the interests of their citizens. However, for the regulation of energy, there is presently a gigantic gap in tribal laws. For over a century, federal and state governments have made a concerted and continual effort to enact and enforce energy-related laws within their jurisdictions.6 In states with abundant energy resources, institutionalizing the authority of the state government over energy development is a clear priority. For example, the Oklahoma Statutes governing oil and gas development within the state are 262 pages long and comprehensively regulate all industry activities from resource ownership down to detailed operational matters, such as the hours when lights can be used on drilling rigs.7 In contrast, only a handful of tribes have enacted even a fraction of the laws codified by the major energy-producing states – and most tribes have no energy governance laws at all. The severe performance deficiencies of federal energy management noted above provide an urgent call to action for tribal governments to operationalize their sovereignty over the energy sector by enacting laws for the self-governance of their resources. THE MODEL TRIBAL ENERGY CODE A necessary and fundamental institution for the governance of energy within Native American nations is the tribes’ legal codes. To provide the basis for tribal governments to regulate energy-related activities within their jurisdictions, the Tribal Energy Consortium has developed the first Model Tribal Energy Code in the United States. The goal of the model code is to create a “bestof-all-worlds” set of laws that provides tribal nations with 1) a complete legal code for the regulation of traditional and emerging renewable energy development, 2) legal terms that are already recognized and accepted by the federal government and key industry enterprises and 3) provisions that operationalize tribal sovereignty and create competitive advantages for the nation’s economic development. To achieve these objectives, the foundation of the model code synthesizes terms from existing energy codes and related regulations adopted by the federal government of the United States, the governments of the primary energy-producing states and the governments of Native American tribes with established energy development programs. These codes were selected as a starting point based on their industry- recognized terms for regulating energy development activity. By starting from these codes, the model code adopts a structure and terminology familiar to and accepted by federal government agencies and industry entities tribes may partner with to develop and distribute energy within their communities. Chapters of the Model Tribal Energy Code include: 100.10. Purpose and Applicability. 100.20. Tribal Energy Department. 100.30. Tribal Energy Resource Agreements. 100.40. Environmental and Cultural Protection. 100.50. Rights of Way. 100.60. Drilling, Excavation, and Subsurface Activities. 100.70. Oil, Gas, and Mineral Energy. 100.80. Renewable Energy. 100.90. Taxation. 100.100. Tribal Utility Commission. 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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