APRIL 2024 | 53 THE OKLAHOMA BAR JOURNAL The model code is formulated to 1) recognize the sovereign authority of tribal governments and 2) enhance the efficiency and attractiveness of conducting energy development activity within the nation’s jurisdiction, consistent with the nation’s laws and oversight requirements. The requirements for responsible, transparent and documented actions by parties involved in energy development have been retained in the model code, but procedural matters are left to the discretion of the tribe. The tribal government is also empowered to apply its sovereign discretion to facilitate projects of particular urgency or benefit to its citizens and to require beneficial community engagement and information sharing. NEXT STEPS FOR TRIBAL ENERGY SOVEREIGNTY The Tribal Energy Consortium offers the Model Tribal Energy Code to tribal governments at no cost. The code is currently being adopted by numerous tribes in Oklahoma and throughout the United States. Combined with the unprecedented level of federal grant funds and technical assistance presently available to tribes for energy projects, the opportunities for tribal energy development have never been greater. Native American nations seeking to exercise self-governance over their energy resources are encouraged to contact the authors for details on implementing the Model Tribal Energy Code to enhance their energy sovereignty. ABOUT THE AUTHORS Dr. Greg Guedel serves as legal counsel for the Tribal Energy Consortium and is the founder of Guedel Strategic Law, which serves Native American nations throughout Oklahoma and the United States. His legal practice emphasizes the representation of Native American tribes and businesses for strategic planning, risk management and economic development. Dr. Guedel may be contacted at greg@guedellaw.com. Philip H. Viles Jr. is the first banking director for the Catawba Digital Economic Zone, the first jurisdiction created for fintech and digital asset growth in the United States. He served on the Cherokee Nation’s highest court from 1976 to 2002 and as chief justice for 16 years. In 2015, he began teaching at the TU College of Law for the Master of Jurisprudence in Indian Law Program. Mr. Viles may be contacted at pv@utulsa.edu. ENDNOTES 1. The Tribal Energy Consortium is a 501(c)(3) nonprofit organization formed and governed by Native Americans, www.ndnenergy.org. 2. U.S. Dept. of Energy, Office of Indian Energy Policy and Programs, Indian Energy Program Overview, p.6 (2018), https://bit.ly/49uXCc0, accessed Oct. 19, 2023. 3. Shawn E. Regan and Terry L. Anderson, “The Energy Wealth of Indian Nations,” 3 LSU J. Energy L. & Resources 195, 196 (2014), https://bit.ly/4c5fyfl, accessed Oct. 19, 2023. 4. National Renewable Energy Laboratory Technical Report NREL/TP-6A20-70807, July 2018, https://bit.ly/3uN1VAo, accessed Oct. 19, 2023. 5. U.S. Dept. of the Interior Report Number CR-EV-BIA-0002-2013 (Oct. 20, 2014), https://bit.ly/48ALWmO, accessed Oct. 19, 2023. 6. The first modern federal law specifically regulating the energy sector was the Federal Water Power Act of 1920, 16 U.S. Code Chapter 12. 7. Oklahoma Statutes Title 52, Oil and Gas. 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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