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Military Affirmative (3)

Military Affirmative (3)

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10/16/2011

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Tax subsidies are a mask for companies to imperialize.

Brian Awehali, Award winning journalist and tribal member of the Cherokee Nation of Oklahoma, 06-05-2005,
Native Energy Futures, http://www.lipmagazine.org/articles/featawehali_nativefutures.htm

Now imagine, if you can, that you run a US-based energy company at a time when increasing resistance to US
imperialism, coupled with rising business costs
related to political instability, has made getting the oil, coal, and gas from
foreign sources more difficult.
Imagine that you’re savvy enough to know that your fossil fuel-based business model is about
to get dramatically less lucrative. If you didn’t already have them, you’d probably want to start setting up operations in the
more business-friendly, less regulated Wild West of Indian Country. If you were really devious—or maybe just smart—you
might want to have your cake and eat it too, by getting tax subsidies and favorable terms for developing your next
business model while greenwashing your ongoing fossil fuel operations
. Wouldn’t you? “Consistent with the President’s
National Energy Policy to secure America’s energy future,” testified Theresa Rosier, Counselor to the Assistant Secretary for
Indian Affairs, “increased energy development in Indian and Alaska Native communities could help the Nation have more
reliable home-grown energy supplies. [The Native American Energy Development and Self-Determination Act of 2003]
promotes increased and efficient energy development and production in an environmentally sound manner.”

The bill did not ultimately pass, but the idea that “America’s energy future” should be linked to having “more reliable
home-grown energy supplies” can be found in other native energy-specific legislation that has passed into law. What
this line of thinking fails to take into consideration is that Native America is not actually USAmerica, and that the
“supplies” in question belong to sovereign nations, not to the United States or its energy sector.

58

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Cory, Lauren, Phillip, Sam, Steve

Solvency

If we are ever to have a chance at fixing the ecological problem, indigenous
peoples must engage in sustainable development.

Dean B. Suagee, attorney, 1992, SELF-DETERMINATION FOR INDIGENOUS PEOPLES AT THE DAWN OF THE SOLAR
AGE, University of Michigan Law Review,
http://www.lexisnexis.com/us/lnacademic/results/docview/docview.do?docLinkInd=true&risb=21_T4168507277&format=GNBFI&so
rt=BOOLEAN&startDocNo=51&resultsUrlKey=29_T4168507282&cisb=22_T4168507281&treeMax=true&treeWidth=0&csi=7420
&docNo=59, This card has been internally edited
With respect to energy
, however, we do know what the key elements of sustainable development must be. We know that
the burning of fossil fuels by humans is the leading source of the buildup of carbon dioxide in the Earth's atmosphere,
and that carbon dioxide is the most significant "greenhouse" gas in terms of its cumulative contribution to global
warming.
n250

Although the industrialized countries are responsible for most of the carbon dioxide that has been added to the
atmosphere since the industrial revolution, the [Less Developed Countries'] share is increasing and can be expected to
grow dramatically if their energy policies rely primarily on fossil fuels.
n251

Thus, if we are to have any hope of stabilizing
atmospheric concentrations of carbon dioxide and avoiding the likelihood of global climate change associated with the
greenhouse effect, both the industrialized countries and the LDCs need to shift away from fossil fuels.
n252

This means

that development must be energy efficient and that the favored options for producing energy must be solar and other renewable
energy technologies. n253

59

Natives Aff
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Cory, Lauren, Phillip, Sam, Steve

Solvency

Despite the advantages of moving from fossil fuels, hard energy policies still
ravage indigenous peoples.

Dean B. Suagee, attorney, 1992, SELF-DETERMINATION FOR INDIGENOUS PEOPLES AT THE DAWN OF THE SOLAR
AGE, University of Michigan Law Review,
http://www.lexisnexis.com/us/lnacademic/results/docview/docview.do?docLinkInd=true&risb=21_T4168507277&format=GNBFI&so
rt=BOOLEAN&startDocNo=51&resultsUrlKey=29_T4168507282&cisb=22_T4168507281&treeMax=true&treeWidth=0&csi=7420
&docNo=59

In the late 1980s, as people became aware of the problem of global warming, the soft energy approach began to creep back into
the public dialogue. Global warming, after all, is largely caused by the emission of carbon dioxide from the combustion of
fossil fuels, and the soft energy approach seeks to displace the use of fossil fuels.
n264

Although the Bush Administration
asserted that measures to limit the emissions of greenhouse gases would adversely affect the United States economy,
n265 a substantial body of analytical work shows that such assertions are unfounded.
n266

[*730] Indeed, the economic

benefits of soft energy paths compare favorably to those of hard energy paths. n267

A body of literature based on Third

World experiences suggests that soft energy paths also can lead to substantial economic benefits for the LDCs,
particularly in rural areas
where soft energy paths may be the only viable option. n268

The literature also suggests that we
must reconsider conventional ways of thinking about energy because the institutional frameworks that have been
developed for conventional energy technologies are often inappropriate for soft energy technologies.
n269

The time has

come for political leaders to realize that soft energy paths are not only the key to dealing with global warming, but are also part
of the only viable long-term strategy for economic recovery in the United States and other industrialized countries and for
economic development in the Third World.
2. Conventional Energy and Indigenous Peoples -- For the dominant societies of the United States and other industrialized
and less developed countries, the failure of political leaders to see the sunlight and to embrace the vision of soft energy
paths has resulted in missed opportunities.
The results for indigenous peoples have been tragic. Mining for nonrenewable
energy resources such as coal and uranium has wreaked environmental damage in the homelands of indigenous peoples
in the southwest and northern plains in the United States, as well as in northwestern Canada, Australia, and South
America.
n270

The adverse [*731] environmental impacts of mining, especially surface mining, affect indigenous peoples in
a variety of ways, many of which should be obvious given the cultural and spiritual ties that indigenous peoples have
with the land.
Impacts of nonrenewable energy development are not limited to mining. Oil extraction in the Amazon, which
is accompanied by roads, oil spills, and disease-bearing outsiders, has caused the destruction of some indigenous peoples
and threatens to destroy others.
n271

Oil and gas exploration and extraction in northern Canada and Alaska have caused
damage to wildlife habitats and have opened up areas of the north to "sport hunters" who have recklessly depleted wildlife
populations. n272

A number of Alaska native villages suffered devastating impacts from the Exxon Valdez oil spill. n273

Moreover,

some indigenous peoples believe that the extraction of petroleum causes harm to the Earth itself and interferes with their duty
to protect the Earth. n274

60

Natives Aff
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Cory, Lauren, Phillip, Sam, Steve

Solvency

Moving away from fossil fuels toward renewable energy has tremendous
economic benefits.

Dean B. Suagee, attorney, 1992, SELF-DETERMINATION FOR INDIGENOUS PEOPLES AT THE DAWN OF THE SOLAR
AGE, University of Michigan Law Review,
http://www.lexisnexis.com/us/lnacademic/results/docview/docview.do?docLinkInd=true&risb=21_T4168507277&format=GNBFI&so
rt=BOOLEAN&startDocNo=51&resultsUrlKey=29_T4168507282&cisb=22_T4168507281&treeMax=true&treeWidth=0&csi=7420
&docNo=59

For many reasons, choosing soft energy paths over hard energy paths will serve the interests of most people in the United
States economy and worldwide
. Hard-path technologies are very capital intensive, while soft-path technologies are much
more labor intensive. n310

Thus, soft paths lead to more employment. Soft paths also tend to cost less, as do energy efficiency
measures, especially when cost accounting is done on a life-cycle basis where the typically high initial costs are offset by
savings from low operating costs later.
n311

Accordingly, over the past two decades, soft paths have added much more to
new "supplies" of end-use energy in the United States economy than have hard paths, despite massive subsidies for
hard paths.
n312

Because soft-path technologies use locally available resources and employ people to do work in local
economies, investments in soft paths pump money into local economies while hard-path spending drains money away to
other regions and other countries.
n313

Money that stays home can be reinvested in other sectors of the economy.

Moreover, because soft-path supplies tend to be less capital intensive than hard path [*739] supply options, choosing soft
paths means that a larger portion of the total capital available for investment can be invested in other sectors. n314

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Solvency

It’s time for a new mental ecology. We must reconceptualize the way we view
the earth and think of it in a positive manner, for only when we envision the
coming together of the community can positive change occur. Indigenous
peoples have enacted these changes before, it is time we follow their path and
create a new earth of care and respect.

Dean B. Suagee, attorney, 1992, SELF-DETERMINATION FOR INDIGENOUS PEOPLES AT THE DAWN OF THE SOLAR
AGE, University of Michigan Law Review,
http://www.lexisnexis.com/us/lnacademic/results/docview/docview.do?docLinkInd=true&risb=21_T4168507277&format=GNBFI&so
rt=BOOLEAN&startDocNo=51&resultsUrlKey=29_T4168507282&cisb=22_T4168507281&treeMax=true&treeWidth=0&csi=7420
&docNo=59

Several of the writers whose works have been cited in this Article have called for individuals and communities and nations
to change the way we think about the Earth.
n353

Indigenous peoples also have called for such a global change of mind.

n354

The oral history of the Haudenosaunee (Iroquois) Confederacy provides an inspirational example of what can be
accomplished when people change the way they think. When the Peacemaker planted the Great Tree of Peace and
brought together the Five Nations to form the Confederacy, one of the keys to his success was persuading individuals to
use their powers of rational thought
[*749] to overcome fear and hatred and to act for the common good. n355

This kind

of reasoning is what is sometimes called the "discipline of the Good Mind." n356

If we are to cope effectively with the global
environmental crisis, we will need for people all over the world to exercise such positive mental discipline. The authors of
Beyond the Limits suggest that there are essentially three mental models among which we can choose, only one of which
offers a chance of avoiding ecological collapse on a global scale.
n357

This model says
That the limits are real and close, and that there is just exactly enough time, with no time to waste. There is just exactly
enough energy, enough material, enough money, enough environmental resilience, and enough human virtue to bring about a
revolution to a better world.
That model might be wrong. All the evidence we have seen, from the world data to the global computer models, suggests
that it might be right. There is no way of knowing for sure, other than to try it.
n358

This conclusion, based on scientific analysis, bears a striking similarity to a statement made by one of the Kogi religious
leaders, a similarity which I think is not entirely coincidental. The words of the Kogi spokesman are these:

Many stories have been heard that the sun will go out, the world will come to an end. But if we all act well and think
well it will not end. That is why we are still looking after the sun and the moon and the land.
n359
Around the world, indigenous peoples are doing their best to fulfill their sacred duties to care for the Earth. The states of
the world
, nongovernmental organizations, and concerned individuals can help by respecting, and by insisting that others
respect, the human rights of indigenous peoples, including the right of self-determination.

Native American reservations are many of the windiest areas in the US.

Rob Capriccioso, staff writer for Indian Country, 4-11-08, Indian Country, Tribes Looking for Federal Wind Energy Incentive,
http://www.indiancountry.com/content.cfm?id=1096417026
The wind energy setbacks in Congress have been especially disappointing to some tribes, since their lands often have some of
the highest wind resource potential in the nation.
Research from the National Renewable Energy Laboratory indicates that many of the windiest areas in the U.S. are located close to
and on reservations.
The laboratory has estimated that the total tribal wind generation potential is about 535 billion kwh per
year, or 14 percent of the total U.S. electric generation in 2004.
South Dakota
alone is capable of producing 566 gigawatts of electrical power from wind, which is the equivalent of 52 percent of
the nation's electricity demand. Wind energy potential is also great in tribe-rich states including Montana, Minnesota and
Wyoming.

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Solvency

Native American tribes are awesome for alternative energy . Alternative
energy is awesome for tribes.

The Center for Resource Management Task Force for Developing Renewable Energy in Indian Country,
national non-profit organization for business executives, environmental leaders, citizens and government
officials concerned with the environment and , January 1997, Indian Tribes: Their Unique Role in Developing
The Nation’s Renewable Energy Resources, A White Paper, p. 16-17

The role of Indian tribes in energy development is changing. No longer interested in passively leasing their natural
resources, tribes are becoming more aggressive in managing their own resources and more active participants in
regional markets and national policy development.
The circumstances and characteristics of renewable energy development are consistent with tribal goals of becoming
more self-reliant and expanding economic opportunities that are compatible with cultural and environmental values.

Many tribes have extensive renewable resources which, if developed, may serve the needs of rural electrification on the
reservation or provide a possible revenue stream in the event that power is sold to markets off the reservations. In the past,
energy development that has occurred on reservations has been initiated by private sector companies and federal agencies.
Renewable energy development on reservations is now being initiated by tribes, to meet tribal goals. This new approach
to energy development may require new relationships with outsiders, as tribes interact with private sector entities and
various government agencies, and new structures on the reservation, such as tribal utility authorities.

There are over 500 different tribes in the US. Their needs and aspirations vary greatly, as do their resources. Not all tribes have
the capabilities or desire to aggressively develop renewable energy resources. However, all tribes do share a common
philosophy of preserving their culture and the natural environment, and share a desire to become more self-sufficient.
Renewable energy technologies can play an important role in this common philosophy.
Although this new role for tribes in energy development may be emerging as a result of their own initiative, the vast
opportunities cannot be fulfilled without the support and positive actions of government and the private sector. Tribes
have needs and limitations which, if not addressed through a cooperative partnership with private and public sector
entities, may prevent tribes from realizing their goals of developing renewable energy. The realization of tribal goals to
become independent players in the energy industry will require significant knowledge-sharing from those private sector
entities that have already negotiated the process.

Wind is waiting to be made use of throughout Native American lands, but they
need the help of the government to achieve this goal.

Tex Hall, President of the National Congress of American Indians, 3-1-2004,
http://www.eere.energy.gov/windandhydro/windpoweringamerica/filter_detail.asp?itemid=678&print

Wind is an incredible untapped energy resource that could go a long way toward making this country energy
independent. It has been said that an ocean of energy crosses the Great Plains every day.
Tribes here have many
thousands of megawatts of potential wind power blowing across our reservation lands.

Tribes in the Great Plains could look to the wind as a constant source of renewable energy to help meet our own local
energy needs
in a way that protects our air, water, and land. Tribes are interested in protecting their sovereignty and
providing for their reservation communities. Tribally owned wind projects can provide an opportunity to generate
power locally in a clean way that meets our needs in an affordable way, now and for the future. Wind power can
provide several sources of revenue to the tribe, through the sale of energy, the sale of green tags, and the use of
production incentives.
But to realize this potential, tribes need technical assistance from the federal government to assess our resources and
site projects. We need to level the economic playing field so that tribes can use the production incentives available to off-
reservation development. Tribes need access to the federal grid to bring our value-added electricity to market
throughout our region and beyond
.
Wind is part of our culture. Most of the Great Plains Tribes have distinct names and stories about the winds that recognize the
different personalities and characteristics of the winds coming from the four directions.
Today, our persistent winds represent a fabulous opportunity for all people on the Great Plains to generate clean, reliable
electricity without digging up our lands or polluting our air or water.

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Cory, Lauren, Phillip, Sam, Steve

Solvency

Tradable tax credits rock at life.
Mark Shahinian, third year law student, Univ. of Mich., 20 07 , Special Feature: The Tax Man Cometh Not:
How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review

Tradable tax credits are a targeted, practical policy instrument. They have been used by the states, they are revenue
neutral, and they enjoy broad political support from politicians, policymakers, and tribal groups. Tradable tax credits
carry out the clearly articulated congressional goals of providing incentives to certain economic activities, reducing
tribal dependency through resource development, and increasing tribal sovereignty.
[*291]
Indian Country suffers from a $ 50 billion shortfall in capital investment. n101 The federal government has a number of
tools at its disposal which it can use to address the problem - a tradable tax credit is lying at the top of the toolbox and
should be made a permanent fixture of U.S. energy and Indian law.

Though there are many hindrances to Native American tribes developing
alternative energy sources, outside facilitation is welcome so long as it
benefits the tribe.

Thomas L. Acker, William M. Auberle, Earl P.N. Duque, William D. Jeffery, David R. LaRoche, Virgil
Masayesva, and Dean H. Smith, Professor of Mechanical Engineering, Environmental Engineering,
Mechanical Engineering, Civil and Environmental Engineering, Director for the Center for Sustainable
Environments, Director of the Institute for Tribal Environmental Practices, and Professor of Economics
and Applied Indigenous Studies, 9-21-
02, Implications of the Regional Haze Rule on Renewable and
Wind Energy Development on Native American Lands in the West College of Business Administration
Working Paper Series,
http://ses.nau.edu/pdf/Smith_AWEA.pdf.

Though many tribes are interested in developing renewable energy resources, there are many external and internal
factors that a tribe has to consider when contemplating development. (4) Some of these factors, such as distance to
market or access to capital can be significant barriers
to development, while others such as the availability of natural
resources and tribal sovereignty can be assets. Cultural compatibility
of the renewable resource development can also be
important
. While the relative importance of the various factors depends upon each individual tribe, it is true that many tribes
interested in developing renewable energy may welcome partners that can help overcome some of the barriers they face
.
For example, a company with technical expertise in wind energy development could successfully partner with a tribe if
the tribe were to benefit economically
, with jobs provided for tribal members and joint ownership of the project by the tribe
and the partner company.

Wind energy plentiful in native tribal land.

Stacy Feldman, Staff writer for Solve Climate, March 25, 2008, Solve Climate, http://solveclimate.com/blog/20080325/native-
americans-left-out-america-s-wind-power-boom
It’s too bad, really. Tapping the gales of the Northern Plains could be a giant, unprecedented boon for America’s clean
energy portfolio -- and the tribal economies
of the area, of course.
Just ask The US Department of Energy. Even it has explicitly stated that the two dozen reservations in the northern
Great Plains have a combined wind power potential that's equal to a stunning 50 percent of the entire installed
electrical generation capacity in the United States.

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Solvency

Economic analysis of the environment is fundamentally flawed: it relies on a
false mindset that hinders it.

Dean B. Suagee, attorney, 1992, SELF-DETERMINATION FOR INDIGENOUS PEOPLES AT THE DAWN OF THE SOLAR
AGE, University of Michigan Law Review,
http://www.lexisnexis.com/us/lnacademic/results/docview/docview.do?docLinkInd=true&risb=21_T4168507277&format=GNBFI&so
rt=BOOLEAN&startDocNo=51&resultsUrlKey=29_T4168507282&cisb=22_T4168507281&treeMax=true&treeWidth=0&csi=7420
&docNo=59

The widespread tendency of economists to downplay the severity of global environmental problems results in part from
the intellectual framework of the discipline of economics
, which is quite different from that of ecology. The Worldwatch
Institute explains this difference as follows:
From an economist's perspective, ecological concerns are but a minor subdiscipline of economics -- to be "internalized"
in economic models and dealt with at the margins of economic planning. But to an ecologist, the economy is a narrow
subset of the global ecosystem. Humanity's expanding economic activities cannot be separated from the natural systems
and resources from which they ultimately derive
, and any activity that undermines the global ecosystem cannot continue
indefinitely. Modern societies, even with their technological sophistication, ignore dependence on nature at their own
peril.
n225

Wind energy is beneficial to both small and large economies.

Kamaal R. Zaidi, Attorney, 2007, Albany Law Environmental Outlook Journal http://www.lexisnexis.com/us/lnacade
mic/results/docview/docview.do?docLinkInd=true&risb=21_T4168507277&format=GNBFI&sort=BOOLEAN&startDocNo=1&resul
tsUrlKey=29_T4168507282&cisb=22_T4168507281&treeMax=true&treeWidth=0&csi=221806&docNo=1
Wind energy is one of the fastest growing forms of renewable energy in the world. n68

Aside from having minimal negative
impact on the environment, wind energy technology impacts the economy by setting more reasonable electricity prices for
consumption, and creating new jobs
in the renewable sector. n69

[*211] Infrastructure plans in both urban and rural
settings are incorporating wind energy in preparation for future resource development
. In 2005 alone, Canada's wind
energy capacity grew by fifty four percent. n70

In Canada, like many other nations, there are two forms of wind energy

applications: (1) large scale and (2) small scale. n71

Large-scale wind generation gives power to local utility grid systems,

which provide energy to large communities. n72

Small-scale wind generation contributes to energy in smaller, more

locally designated sites. n73

With recent advances in wind turbine technology, application of wind energy is contributing to

employment in the renewable sector.

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Re-Envision History

The aff is able to “re-envision” US-Native American relations, which is key
solving past problems

William Bradford Professor of Law at University of Indiana 3/9/04 Beyond Reparations: An American Indian
Theory Of Justice Pg. 44

Therefore, the first step in applying JAI theory is the retelling and re-envisioning of U.S.-Indian
relations from “objective” perspectives as well as from the cultural viewpoint of the victims of that
history. 364 Indian claims stories
—rich sources of oral history that contextualize and humanize the Indian
experience while revealing the inadequacies of the record as it has been constructed—can be a powerful
source of liberation for all Americans.

Without a correct understanding of Native American history we cannot
properly address reparations.

William Bradford Professor of Law at University of Indiana 3/9/04 Beyond Reparations: An American Indian
Theory Of Justice Pg. 43

Although most Americans disavow the malignant racism that inspired their forefathers,360 they
remain a remarkably presentist people, particularly with regard to the factual and moral understandings of
the events marking the “discovery,” formation, and expansion of their nation. 361 This ahistoricism has
dire consequences for Indian redress
, particularly where claims are asserted on unfamiliar intellectual
terrain and arise out of violations of complex historical agreements “rather than being ignited by the fire
of the moment[.]”362 Without a firm understanding of the nexus between past acts of injustice coupled
with the present effects of a legal order erected to serve the conqueror on the one hand and the Indian
claim for redress on the other, it is all too easy for existing theories of justice—particularly JAS, and to a
lesser extent JAC—to treat Indian claims as pleas for distributional justice rather than as moral arguments
demanding the internalization of the consequences of this unjust history.

A deeper understanding of US-Native American history is needed to establish justice
William Bradford Professor of Law at University of Indiana 3/9/04 Beyond Reparations: An American Indian
Theory Of Justice Pg. 4

The brutal reality of invasion, slavery, forced relocation, genocide, land theft, ethnocide, and
forcible denial of the right to self-determine has not percolated deeply into contemporary understandings
of U.S-Indian history
. The role of the U.S. in the deliberate destruction of Indian populations, property
rights, and cultural patrimonies is for most Americans a hidden history that must be revealed and asserted
as a factual predicate supporting redress before theories of justice can be evaluated.

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Re-Envision History

The US has historically failed to understand Native American concepts of. Past
efforts to establish self determination have failed.

William Bradford Professor of Law at University of Indiana 3/9/04 Beyond Reparations: An American Indian
Theory Of Justice Pg. 18

Although no Indian tribe had codified a body of written law as of 1776, many tribes had kinship based
rules of conduct
and belief that conditioned members to adhere to sacred values of order, harmony,
and peace.166 Intra-tribal disputes were typically resolved not through formal adjudication but rather with
the aid of respected elders who would guide disputants to a restorative compromise. “[T]hough it
appeared to the casual white observer that anarchy reigned,” 167 spiritual consensus produced a coherent
jurisprudence.
Despite retention of nearly exclusive subject matter and personal jurisdiction to the
territorial limits of their reservations even as of the late 19th century,168 Indian tribes, with no easily
identifiable legal institutions, procedures, or records, were beset by a constellation of religious
proselytizers and BIA agents who, concluding they were without law,169 imposed legal “civilization.”170
The 1883 case of Ex parte Crow Dog,171 in which the U.S. Supreme Court overturned the federal
conviction of an Indian charged with the murder of another Indian, induced Congress to extend the
complete coercive power of federal criminal law to the reservations. Determined to rectify the “savage
quality” of tribal law, Congress applied “white man’s morality” 172 with the Major Crimes Act of 1885 to
expressly establish concurrent federal jurisdiction over major felonies committed by Indians on
reservations regardless of the status of their victims.
173 Legal challenges failed to reestablish tribal legal
self-determination but provided the judiciary occasion to further undergird plenary power
.174 The
paternalistic assault upon Indian legal sovereignty, joined on the religious front with the adoption of the
CIO/CFR courts, intensified during the Great Depression with the passage of the Indian Reorganization
Act of 1934 [“IRA”].175 Although the IRA expressly recognized that tribes might create their own
courts176 and enact their own laws,177 the legislation imposed BIA-drafted boilerplate constitutions178 that
created strange new substantive and procedural obligations. Moreover, after the passage of Public Law
280 in 1954,179 providing that specified States could unilaterally accept concurrent jurisdiction over
Indian territory within their borders, the entire body of State civil and criminal law was extended to
classes of cases involving Indians.180 Fearing that failure to create acceptable tribal courts would result in
States taking jurisdiction over all cases occurring on reservations, 181 and understanding that review of the
exercise of regulatory jurisdiction over Indian affairs was an exercise in futility, tribes begrudgingly
implemented constitutions and adversarial justice systems.

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Re-Envision History

Only by granting sovereignty can the US fully heal past injustices.

William Bradford Professor of Law at University of Indiana 3/9/04 Beyond Reparations: An American Indian
Theory Of Justice Pg. 63

However, if the U.S. acknowledges, recognizes responsibility for, and repairs the gross injustices suffered by Indians
over the course of its creation and expansion, JAI obligates
Indians to find it in their hearts and minds to forgive
. If the U.S. restores a meaningful measure of land to
Indian tribes and amends its legal and political order to ensure respect for and protection of fundamental
Indian rights to self-determination, a new regime of peace and justice worthy of emulation and export
must be rewarded with the most precious gift Indians can bestow: forgiveness. By forgiving the U.S. and
all its people in a solemn ceremony 479 broadcast globally to symbolize the dawn of the new relationship,
Indians will finally be allowed to heal, and all Americans will be released from the chains of history
and
freed to forge a better tomorrow. The U.S. and Indian tribes are not only intertwined geographically and
historically, they are interdependent. Indian autonomy and prosperity on the one hand, and U.S.
legitimacy and global leadership on the other
, are inseverable, with each a necessary condition for the full
realization of the other.480 Just as the political and economic development of its “domestic dependent
nations” is tied to U.S. leadership of the global political economy, so also is the moral legitimacy of the
U.S. linked to its respect and promotion of the rights of Indians of Indians to self-determine
. If U.S.-
Indian relationships advance on the basis of a recognition of, and respect for, mutual sovereignties, with
disputes resolved not by coercion and domination but by negotiation and harmonization, a new era of just
peace, worthy of emulation and export, will follow.

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Re-Envision History

Native American Self Determination is an essential process in the healing of
past injustices.

William Bradford Professor of Law at University of Indiana 3/9/04 Beyond Reparations: An American Indian
Theory Of Justice Pg. 57

In fact, most tribes do not define secession and independent statehood as the desired end-state of a program
of self-determination but rather an intermediate status that would devolve degrees of political and legal
power that has been arrogated to the U.S. and the States and allow tribes to “challenge . . . intrusions across
the full spectrum of locations at which . . . injury is felt.”
452 A pragmatic approach, organized around issue-area
autonomy, that would allow Indians to “recuperate” traditional laws and modalities of governance453 and assert
alternative institutional structures more consonant with their cultural imperatives represents an approach to self-
determination that demands a lesser quantum of independence while departing sufficiently from the current
paradigm to satisfy most tribes.
454 Under this approach, which might well be implemented by the resumption
of the treatymaking process, the presumption against autonomous tribal self-governance, gradually accreting
since the early 19 th century, 455 would be overturned, and tribes would once more be presumed to possess near-
absolute territorial autonomy complete with the powers to create and enforce laws over all persons within
their jurisdiction
in respect to all issue-areas, save for commerce and the dimensions of external sovereignty—
i.e., foreign relations and defense. Where Indian self-determination does not implicate the external powers of U.S.
sovereignty, matters concerning whether and how Indians choose to hunt and fish, to produce the necessities of life,
to raise children, to pass on knowledge to succeeding generations, to create and enforce law, and to worship ought
simply to be of no concern beyond the territorial limits of Indian jurisdiction. Finally, under the pragmatic
program of Indian self-determination, rather than shed their allegiance to the U.S., individual Indians
would, through participation in their own institutions and the elaboration of their own systems of social
regulation and welfare, enjoy an enhanced bicultural identity while retaining their national identity as U.S.
citizens.

The US has demolished Native American rights of self-governance, destroying
their ability to be fully independent.

William Bradford Professor of Law at University of Indiana 3/9/04 Beyond Reparations: An American Indian
Theory Of Justice Pg. 21

Although Indian tribes are separate sovereigns in retention of all rights and powers not explicitly
ceded to the U.S. by treaty196 or abrogated by explicit legislative intent,197 U.S. Indian policy has been
generally hostile to the right of Indian tribes to self-govern as politically distinct communities. 198 If the
theme of the 19 th century was eradication of Indians and the seizure of their land, the motif of the 20 th
century was the destruction by law of tribal sovereignty.
With the passage of the IRA, Indian tribes,
traditionally hyperdemocratic and consensus-driven institutions,199 were reconstituted and subjected to the
veto power of the Secretary of the Interior;200 subsequent legislative and judicial action has stripped
Indian tribes of control over their form, property, and powers.201 Relations with post-IRA Indian tribes,
rather than proceed as if between mutual sovereigns, are conducted largely through a welter of executive
agencies
.202 As a result, the terms and conditions of Indian existence are frequently dictated from Washington, rather than
debated on the reservations.203 Federal agencies to which Congress delegates
power smother tribes under a blanket of regulation 204 that, although it provides the means of subsistence,
suppresses traditional modes of social control and value allocation, and the Secretary of the Interior looms
large over every aspect of tribal life
.205 A dawning recognition that Indians are entitled to self-govern has
spurred calls to end the fundamental asymmetry of U.S.-Indian relations. Nevertheless, decades after
introduction of the federal policy of “Indian Self-Determination,”206 tribes remain politically subordinate
to and thus economically dependent upon the U.S.

70

Natives Aff
DDI 2008 BQ
Cory, Lauren, Phillip, Sam, Steve

Re-Envision History

Tribes have everything going for them for the alternative energy development.

The Center for Resource Management Task Force for Developing Renewable Energy in Indian Country,
national non-profit organization for business executives, environmental leaders, citizens and government
officials concerned with the environment and , January 1997, Indian Tribes: Their Unique Role in Developing
The Nation’s Renewable Energy Resources, A White Paper, p. 1

Indian tribes, through a unique combination of natural resources, political/legal status, and increased ability to meet internal
needs have the potential to make a significant contribution to the development and utilization of the nation's renewable energy
supply.
Deregulation of the electric utility industry, national environmental policy changes, and the ability of tribes to use their
unique legal status to promote the development of renewable energy represent important opportunities, both for tribes and for
non-Indian entities.
Several renewable energy projects are already underway on Indian reservations across the country, however, the
potential for tribes to meet their own energy needs
, as well as the growing demand for renewable energy in other markets, is
largely unfulfilled. Many of the constraints which have excluded tribes from playing a meaningful role in public policy formulation
or economic development on their lands continue to be barriers to active tribal participation in renewable energy development.
Tribal lands have historically played an important role in the development of uranium and fossil fuels. These developments have
brought both benefits and adverse impacts to tribal lands and cultures, as the development often occurred with little direct tribal
participation The prospects for renewable energy development present a rather different picture: the drive toward renewable energy
development is occurring at the initiative of the tribes themselves.
This is happening because tribes perceive their role as
something more than leasers of resources and because of the apparent fit of renewable technologies with tribal cultures and
development goals. Tribes are pursuing renewable energy projects for a number of reasons, including the following:
• Tribes have abundant solar, wind, biomass, and geothermal resources.
• Renewable energy is often the most cost effective solution for rural electrification and remote power needs.
• Renewable energy technologies have low environmental impacts and are generally compatible with tribal cultures.
• Renewable energy projects can be built in modular ways, requiring lower capital costs.
• Tribal legal status provides unique financing options.
• Renewable energy development may provide an opportunity to offset declining revenues from fossil fuel production.
• Developing renewable energy can be an integral component of tribal self-sufficiency, sovereignty, and nation-building.

The alternative energy industry is primed for Native Americans right now.

The Center for Resource Management Task Force for Developing Renewable Energy in Indian Country,
national non-profit organization for business executives, environmental leaders, citizens and government
officials concerned with the environment and , January 1997, Indian Tribes: Their Unique Role in Developing
The Nation’s Renewable Energy Resources, A White Paper, p. 1-2

The electric utility industry is currently undergoing significant changes, to respond to demand for more deregulated,
competitive markets, as well as increased awareness and concern among consumers regarding quality and price of
service and environmental preservation. This phenomenon is creating important new opportunities and risks, both for
traditional industry stakeholders and for new market entrants. Indian tribes that have been involved in conventional
energy resource development, as well as tribes that are exploring ways to utilize new technologies and renewable energy
resources, must assess these emerging opportunities and risks within the context of the goals, values and resources of
their respective tribal governments and reservations. Tribes that are currently developing or that are considering
developing renewable energy resources must reconcile the objectives of self-sufficiency and self-determination with the
new market opportunities both on and off the reservation.

71

Natives Aff
DDI 2008 BQ
Cory, Lauren, Phillip, Sam, Steve

Re-Envision History

Native American tribes have industry preference.

The Center for Resource Management Task Force for Developing Renewable Energy in Indian Country,
national non-profit organization for business executives, environmental leaders, citizens and government
officials concerned with the environment and , January 1997, Indian Tribes: Their Unique Role in Developing
The Nation’s Renewable Energy Resources, A White Paper, p. 3

In addition, tribal governments are considered "preference customers" of power marketing administrations. As
preference customers, they can enter into contracts with PMAs for firm wholesale power, regardless of existing PMA
contract commitments to its other customers. Although tribes do not have to establish "tribal utility authorities" to
become preference customers, they do have to acquire the means for accepting and distributing any power received
from a power marketing administration. If a tribe were to develop electrical generation (whether conventional or
renewable), it could use its status as a PMA preference customer to obtain hydroelectric power at wholesale (i.e.,
reduced) prices, to "firm" its electrical generation capability and output. While a tribe obtaining wholesale power from
a PMA can not resell the power for a profit
(except as authorized), tribes that develop generation and wish to market
surplus power may be able to take advantage of the new
FERC Rules 888-889 (described in Section 1I.A.1 of this paper,
Federal Initiatives: The FERC's Open Access Rule) to obtain transmission to potential markets.

Tribes have the ability to organize to be very effective.

The Center for Resource Management Task Force for Developing Renewable Energy in Indian Country,
national non-profit organization for business executives, environmental leaders, citizens and government
officials concerned with the environment and , January 1997, Indian Tribes: Their Unique Role in Developing
The Nation’s Renewable Energy Resources, A White Paper, p. 4

In the face of the changes occurring in the electric utility industry and the simultaneous potential barrier of price and
opportunity presented by "green power," tribes are in a position to structure their resource development to respond
effectively to different likely market scenarios. Tribes could establish or become "independent renewable
(and
conventional) power producers" (IPPs), distribution utilities, power generators and/or operators of transmission, or joint
venture partners in resource development or power generation projects. In any of these pursuits new organizations
(structures) will have to be adopted by tribes, and this will require extensive deliberations by governing councils and
tribal members and, ultimately, financial commitment and leadership.
This means that, in addition to possessing the
renewable energy resource, tribes must meet some minimal organizational priorities.

The concept of an "energy board" or an independent development arm of the tribe is frequently suggested as an
appropriate organizational structure to pursue energy development on the reservation. The concept has appeal because
such a board could function outside of the main tribal political system, thus maintaining an independent incorporated
status vis a vis the industry and other governments.

72

Natives Aff
DDI 2008 BQ
Cory, Lauren, Phillip, Sam, Steve

Re-Envision History

Native tribes are key to the development of alternative energy.

Vernon Masayesva, chairman of the Hopi Tribe and executive director of the Black Mesa Trust, 1997, in
Crossing the Threshold, Preface to Indian Tribes: Their Unique Role In Developing The Nation's Renewable
Energy Resources, Paul Parker, ed

One of the most compelling reasons for a bullish outlook on renewables is that an important, new constituency has
joined the parade. Indian tribes have discovered, or more correctly, rediscovered the promise and potential of
renewable energy. Reservations are in fact, poised to become the Nation's showplace for renewable energy development.
They are not only situated in the most concentrated renewable resource zones
(as the White Paper shows), but they also
represent new sources of aggregate demand. Reservations offer logical sites for bulk generation facilities, logical settings
for remote applications, logical settings for distributed generation and logical settings for new transmission interties.
Reservations are, in short, the vital link that can 'bring renewables to market."
Tribal governments are also well positioned politically to play an aggressive role in the Country's renewable future.
Their sovereign status makes tribes logical players in the new "restructured" electric utility industry. And we should
not forget that many tribal governments have a wealth of experience with conventional energy development.
From 1937
to 1995 Indian reservations were the source of nearly $18 billion in coal sales, $5 billion in gas sales, $9.8 billion in oil sales,
and $2.5 billion in sales ot other energy sources. The total value of energy produced on Indian reservations since 1937 now
exceeds $25.5 billion!
Finally, the White Paper discusses the important distinction between the terminal nature of this conventional energy
production and the sustainable nature of renewable energy production. The benefits of sustainable energy development will
only grow over time. For tribes, it is an opportunity too tangible to pass up; and reservations can be the catalyst for
industry, the U.S. Department of Energy and state and local governments to cross the threshold to America's renewable
energy future.

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