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

Table of Contents
Table of Contents...................................................................................................................................................1 1AC..........................................................................................................................................................................4 Observation 1: Inherency......................................................................................................................................5 Observation 1: Inherency......................................................................................................................................6 Observation 2: Colonialism...................................................................................................................................7 Observation 2: Colonialism...................................................................................................................................8 Observation 2: Colonialism...................................................................................................................................9 Observation 3: Warming Leadership.................................................................................................................10 Observation 3: Warming Leadership.................................................................................................................11 Observation 4: Self – Determination..................................................................................................................12 Observation 4: Self-Determination....................................................................................................................13 Observation 5: Solvency......................................................................................................................................14 Observation 5: Solvency......................................................................................................................................15 Observation 5: Solvency......................................................................................................................................16 Observation 5: Solvency......................................................................................................................................17 Inherency..............................................................................................................................................................18 Inherency..............................................................................................................................................................19 Inherency..............................................................................................................................................................20 Inherency..............................................................................................................................................................21 Inherency..............................................................................................................................................................22 Colonialism...........................................................................................................................................................23 Colonialism...........................................................................................................................................................24 Colonialism...........................................................................................................................................................25 Colonialism...........................................................................................................................................................26 Colonialism...........................................................................................................................................................27 Colonialism...........................................................................................................................................................28 Colonialsm............................................................................................................................................................29 Colonialism...........................................................................................................................................................30 Colonialism...........................................................................................................................................................31 Colonialism...........................................................................................................................................................32 Colonialism...........................................................................................................................................................33
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Natives Aff DDI 2008 BQ Cory, Lauren, Phillip, Sam, Steve Colonialism...........................................................................................................................................................34 Colonialism...........................................................................................................................................................35 Self-Determination...............................................................................................................................................36 Self-Determination...............................................................................................................................................37 Self-Determination...............................................................................................................................................38 Self-Determination...............................................................................................................................................39 Self-Determination...............................................................................................................................................40 Self-Determination...............................................................................................................................................40 Self-Determination...............................................................................................................................................41 Self-Determination...............................................................................................................................................43 Self-Determination...............................................................................................................................................44 Self-Determination...............................................................................................................................................45 Solvency................................................................................................................................................................46 Solvency................................................................................................................................................................47 Solvency................................................................................................................................................................48 Solvency................................................................................................................................................................49 Solvency................................................................................................................................................................50 Solvency................................................................................................................................................................51 Solvency................................................................................................................................................................52 Solvency................................................................................................................................................................53 Solvency................................................................................................................................................................54 Solvency................................................................................................................................................................55 Solvency................................................................................................................................................................56 Solvency................................................................................................................................................................57 Solvency................................................................................................................................................................58 Solvency................................................................................................................................................................59 Solvency................................................................................................................................................................60 Solvency................................................................................................................................................................61 Solvency................................................................................................................................................................62 Solvency................................................................................................................................................................63 Solvency................................................................................................................................................................64 Solvency................................................................................................................................................................65
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Natives Aff DDI 2008 BQ Cory, Lauren, Phillip, Sam, Steve Re-Envision History.............................................................................................................................................66 Re-Envision History.............................................................................................................................................67 Re-Envision History ............................................................................................................................................69 Re-Envision History.............................................................................................................................................70 Re-Envision History.............................................................................................................................................71 Re-Envision History.............................................................................................................................................72 Re-Envision History.............................................................................................................................................73 Traditional West Fails..........................................................................................................................................73 A2: (They Don’t Deserve Help)..........................................................................................................................75 Modeling...............................................................................................................................................................76 Modeling...............................................................................................................................................................77 Modeling...............................................................................................................................................................78 Neg.........................................................................................................................................................................79 JAS(They Don’t Need Reparations)...................................................................................................................80 Cash Not Enough.................................................................................................................................................81 Corps Will Screw..................................................................................................................................................82 Corps will screw...................................................................................................................................................83 Legislation Solves.................................................................................................................................................84 Legislation Solves.................................................................................................................................................85 Legislation Solves.................................................................................................................................................85 No Solvency...........................................................................................................................................................87 Neg Inherency.......................................................................................................................................................88

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

1AC

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

Observation 1: Inherency
1. A lack of federal tax credit gives Native Americans a huge disadvantage, especially in the alternative energy sector. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
With the power to tax also comes the power to push, to encourage, to foster and to favor. If taxation can sap economic power, tax policy can also confer vast economic rents on certain favored groups. However, America's Indian tribes are a group not favored by federal tax policy. n2 This paper is concerned with elements of U.S. tax policy that do [*269] unrecognized harm to Indian tribes. In the standard analysis, Indian tribes benefit from tax-free status - it is a bright line rule of U.S. tax policy that tribes and their subsidiary corporations do not pay federal income taxes. However, the guarantee of tax-free status for Indian tribes also guarantees the tribes cannot use tax credits granted by the federal government. In certain industries, federal tax credits play such an important financial role that entities unable to use those tax credits are at a significant financial disadvantage to entities able to utilize the tax credits. Federal tax credits play a key role in the coal bed methane extraction industry, n3 the low-income housing development industry n4 , and the wind power industry, n5 among others. In some of these fields, tribes cannot make use of the tax credits, and so face a severe financial handicap as compared to entities that can utilize the tax credits. Perversely, this handicap is present in precisely the industries the federal government has decided to nurture and encourage - for instance, the wind energy industry. To bring focus to the discussion of tax credits and tribes, this article examines how the inability of tribes to access federal tax credits handicaps tribes' ability to own and develop wind farms. Indian tribes could be a major force in the growing U.S. wind industry. Wind power from tribal lands could provide 22% of installed U.S. electric power generation capacity. n6 Renewable energy development is an issue with broad support in the United States and has the potential to bring significant economic benefits to the tribes. Traditional methods of electricity generation are faced with increasing difficulties: coal-fired generation is a liability in the age of global warming; n7 natural gas prices are high and unpredictable; n8 nuclear power still poses [*270] storage problems; n9 and there are few rivers in the U.S. left undammed for hydroelectricity. n10 These problems have opened up a market opportunity for wind-generated electricity. Wind power has stepped in to fill the gap left by traditional power sources and provides new generation capacity. n11 Builders of wind farms will add about 2750 megawatts (MW) of generating capacity in 2006, which will produce about as much electricity as is used by the entire state of Rhode Island. n12 Wind enjoys three main advantages: price, environmental benefits and economic benefits. When coupled with federal tax credits, new wind turbine designs are now cost-competitive with new coal plants and natural gas generation. n13 With concerns of global warming rising, wind is an energy source that results in few greenhouse gasses. Wind power also enjoys political support for the positive impact it can have on domestic manufacturing industries. n14 Renewable energy development brings high levels of economic benefits to the local community, when compared to fossil-powered electricity. n15 Renewable energy is particularly popular in rural areas with few [*271] other economic prospects. In 2006, a successful challenger for a U.S. Senate seat in Montana made wind power a prominent part of his campaign. n16 There is potential for tribes to play a major role in the U.S. wind industry. As noted above, wind power on tribal lands could provide a substantial portion of U.S. electricity needs. n17 The Great Plains have wind in abundance, and many tribal reservations are located in the Great Plains. Wind developers are interested in working with tribes because tribes are single landowners over vast, windy tracts of land - the area within the Rosebud Reservation boundaries alone is larger than the land area of the entire state of Rhode Island. Additionally, some power purchasers, realizing the economic plight of the reservations, are willing to give the tribes better-than-market prices for tribally generated electricity. n18 Tribes do not have experience with operating wind farms as businesses, but tribes do have long experience in more traditional forms of energy development. The tribes of the Southwest, especially the Navajo and Southern Utes, have longdeveloped their coal and oil and gas resources. The Utes have become quite wealthy off revenues from energy development. n19 The U.S., especially the Western U.S., needs this tribally produced power. The Western Governors' Association has convened an energy task force to address Western states' concerns about shortfalls in energy production. The

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

Observation 1: Inherency
Governors' Association has called for 30,000MW of clean power (including wind) development by 2015, n20 and has pointed out the need for federal, state, local and tribal authorities to coordinate in siting wind projects. n21 Yet tribes cannot fully participate in the renewable energy industry because of their tax status and their lack of ability to use the tax credits the federal government allocates to renewable energy companies. Despite the current wind boom, reservations have not become wind development sites. In fact, [*272] only one major wind development exists on an Indian reservation in the U.S. - a 50MW project on the land of the Campo Band of Kumeyaay Indians near San Diego, Calif. n22 To address the handicap tribes face with regards to the impossibility of utilizing tax credits, this paper proposes making federal tax credits tradable - tribes could trade the tax credits they would receive as part of their investment in projects to business partners with tax liability in return for cash or other consideration.

Native Americans are not eligible for federal incentives. 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
2. Recent legislative developments have also made it challenging for tribes to obtain federal wind energy seed funding. In 2007, Thune proposed the Wind Energy Development Act, which included $2.25 billion in funding for Clean Renewable Energy Bonds that tribes could have used to fund pilot wind energy programs. Under Thune's plan, 20 percent of this bonding would have been specifically set aside for tribes; however, the set-aside did not make it into the current version of the wind energy tax credit legislation, and it was not in the energy bill that passed last December. Some tribal energy advocates believe supporting new legislation that promotes Clean Renewable Energy Bonds may be the best hope for tribes that want to receive federal funding to begin wind energy development. Thune's current legislation proposes $400 million in funding for the bonds, which energy experts say tribes should be eligible to apply for via the IRS.

3. This means they cannot access their vast potential for wind energy. 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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Natives Aff DDI 2008 BQ Cory, Lauren, Phillip, Sam, Steve

Observation 2: Colonialism
1. Cultural genocide has occurred against Native Americans, and it is our duty to end it. Dean B. Suagee, University of Michigan. Spring 1992 “Self-Determination for Indigenous Peoples At The Dawn Of The Solar
Age” Lexis. Indigenous peoples have the collective and individual right to be protected from cultural genocide, including the prevention of and redress for: (a) Any act which has the aim or effect of depriving them of their integrity as distinct societies, or of their cultural or ethnic characteristics or identities; (b) Any form of forced assimilation or integration by imposition of other cultures or ways of life; (c) Dispossession of their lands, territories or resources; (d) Any propaganda directed against them. 101 Under the Working Group's definition, cultural genocide has taken place all over the world, even recently in the United States. For instance, the United States' "termination" policy of the 1950s [*697] and early 1960s clearly fits the concept. 102 Racial prejudice and notions of racial superiority provide the rationalizations for cultural genocide. 103 Despite the human rights norm inherent in the Genocide Convention that all cultural groupings have the right to exist, 104 the destruction of indigenous peoples continues, in part because of the notion that indigenous ways of life are somehow inferior to those of modern industrialized societies. Those who seek to defend the rights of indigenous peoples must work to make this notion simply untenable. Indigenous peoples believe that their right to survive and to control their own territories should be respected not only because they are entitled to basic human rights but also because they have some values and wisdom to share with the other peoples of the Earth. To put an end to the destruction of indigenous peoples, indigenous rights advocates must help the rest of the world to see that there is real value in what indigenous peoples have to offer, especially in their spiritual relationships with the Earth and with nonhuman living things. Those who would defend the human rights of indigenous peoples can draw many lessons from the long history of the relations between the United States and the indigenous tribes and nations of North America. Although the autonomy possessed by Indian tribes in the United States is less than ideal, tribes do exercise a broad range of governmental powers, and the simple fact that more than 500 federally recognized tribes continue to exist in the United States 105 suggests that positive as well as negative lessons may be drawn. Two of the most important lessons are: (1) forced assimilation does not work and (2) local autonomy and self-government can work. In my view, these two lessons are fundamental for the survival of indigenous peoples throughout [*698] the world. 106 The next part of this Article examines tribal autonomy in the United States in some detail, with an emphasis on tribal authority for protection of the environment and the preservation of tribal cultures.

2. The failure to transition to renewables makes us complicit in cultural genocide. Dean B. Suagee, University of Michigan. Spring 1992 “Self-Determination For Indigenous Peoples At The Dawn Of The
Solar Age” Lexis. In this part of the Article, I offer a brief review of the pursuit of economic growth and economic development by the states of the world in the latter half of this century, including the emerging consensus that development must be "sustainable" and the lack of consensus on just what the word "sustainable" means. I then briefly review the evidence which indicates that (in the context of energy development at least) to be sustainable, energy development requires a worldwide shift from technologies that consume fossil fuels to technologies that derive useful energy from the sun and from natural forces and processes that are driven by solar energy. The evidence suggests that we really have no choice; rather, the issue is how much global climate change we are willing to accept before we commit ourselves to achieving this transition. The concluding section of this part discusses some of the ways in which conventional energy development already has devastated and continues to threaten indigenous peoples. My point is that by delaying the commitment to bring about the transition to the solar age, we accept not only the global climate change that will accompany delay but also the cultural genocide of some of the world's remaining indigenous peoples.

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

Observation 2: Colonialism
3. As demonstrated by the discourse of Cowboys and Indians, Native Americans are colonized citizens of the United States, and forced into a policy of white superiority. This subjugation leaves them an exploited hollow shell. Michael Yellow Bird, Associate Professor Center for Indigenous Nations Studies, 2004-10, Wicazo Sa Review, Vol. 19, No. 2,
Colonization/Decolonization, I, (Autumn, 2004), pp.33-48, http://www.jstor.org/stable/1409497. America has carefully made sure that Indigenous Peoples continue to fulfill the role of a racial and cultural scapegoat in the game of cowboys and Indians. However, it is hardly an amusing situation since Indigenous Peoples experience numerous humiliating assaults from colonial society, for instance, control and manipulation of their tribal governments by the U.S. federal government, land and resource theft and destruction by U.S. multinational corporations, control and exploitation of tribal gaming and economic revenue by state govern- ments, poorly funded on-reservation substandard schools that continue teaching the prevaricated history of the colonizer, and the continued use of racist images and words to describe Indians. As colonized peoples, many of us have internalized and adapted to the colonizer's dominant ideology, which has perpetuated our subjugation and repression. As a result we have developed a certain sense of internalized denigration and personal contempt within our consciousness resulting in self-effacing and destructive behaviors. However, this 45 can change if Indigenous and non-Indigenous Peoples intelligently resist American colonialism and begin the process of decolonizing cow- boys and Indians, beginning by telling the truth about the racist intent of the cowboys and Indians phenomenon. We must also intelligently interrogate and reform the colonial structure of this nation and challenge the written false histories of the American colonizer. Indigenous Peoples must consciously refuse to be little red plastic toy Indians participating in the racist American myths and policies of white colonial supremacy. Whites must refuse to be little blue plastic toy cowboys blindly accepting their position of privilege in society and, instead, truthfully amend this nation's history and practice of colonialism while seeking justice on behalf of those they have colonized here and abroad. Until this is done, cowboys and Indians will continue to be toys of genocide, icons of colonialism. As colonized peoples, many of us have internalized and adapted to the colonizer's dominant ideology, which has perpetuated our subjugation and repression. As a result we have developed a certain sense of internalized denigration and personal contempt within our conscious- ness resulting in self-effacing and destructive behaviors. However, this can change if Indigenous and non-Indigenous Peoples intelligently resist American colonialism and begin the process of decolonizing cow- boys and Indians, beginning by telling the truth about the racist intent of the cowboys and Indians phenomenon. We must also intelligently interrogate and reform the colonial structure of this nation and challenge the written false histories of the American colonizer. Indigenous Peoples must consciously refuse to be little red plastic toy Indians participating in the racist American myths and policies of white colonial supremacy. Whites must refuse to be little blue plastic toy cowboys blindly accepting their position of privilege in society and, instead, truthfully amend this nation's history and practice of colonialism while seeking justice on behalf of those they have colonized here and abroad. Until this is done, cowboys and Indians will continue to be toys of genocide, icons of colonialism.

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

Observation 2: Colonialism
4. The cultural genocide against Native Americans results in extinction through loss of biodiversity. Empirically, the loss of Native Americans leads to the loss of species. Lilian Friedberg, American Indian Quarterly vol. 24, No. 3 Summer 2000 “Dare to Compare: Americanizing the Holocaust”
Attempts on the part of American Indians to transcend chronic, intergenerational maladies introduced by the settler population (for example, in the highly contested Casino industry, in the ongoing battles over tribal sovereignty, and so on) are challenged tooth and nail by the U.S. government and its “ordinary” people. Flexibility in transcending these conditions has been greatly curtailed by federal policies that have “legally” supplanted our traditional forms of governance, outlawed our languages and spirituality, manipulated our numbers and identity, usurped our cultural integrity, viciously repressed the leaders of our efforts to regain self-determination, and systematically miseducated the bulk of our youth to believe that this is, if not just, at least inevitable.” 55 Today’s state of affairs in America, both with regard to public memory and national identity, represents a flawless mirror image of the situation in Germany vis-àvis Jews and other non-Aryan victims of the Nazi regime.56 Collective indifference to these conditions on the part of both white and black America is a poor reflection on the nation’s character. This collective refusal to acknowledge the genocide further exacerbates the aftermath in Native communities and hinders the recovery process. This, too, sets the American situation apart from the German-Jewish situation: Holocaust denial is seen by most of the world as an affront to the victims of the Nazi regime. In America, the situation is the reverse: victims seeking recovery are seen as assaulting American ideals. But what is at stake today, at the dawn of a new millennium, is not the culture, tradition, and survival of one population on one continent on either side of the Atlantic. What is at stake is the very future of the humanspecies. LaDuke, in her most recent work, contextualizes the issues from a contemporary perspective: Our experience of survival and resistance is shared with many others. But it is not only about Native people. . . . In the final analysis, the survival of Native America is fundamentally about the collective survival of all human beings. The question of who gets to determine the destiny of the land, and of the people who live on it—those with the money or those who pray on the land—is a question that is alive throughout society.57 “There is,” as LaDuke reminds us, “a direct relationship between the loss of cultural diversity and the loss of biodiversity. Wherever Indigenous peoples still remain, there is also a corresponding enclave of biodiversity.” 58 But, she continues, The last 150 years have seen a great holocaust. There have been more species lost in the past 150 years than since the Ice Age. (During the same time, Indigenous peoples have been disappearing from the face of the earth. Over 2,000 nations of Indigenous peoples have gone extinct in the western hemisphere and one nation disappears from the Amazon rainforest every year.) 59 It is not about “us” as indigenous peoples—it is about “us” as a human species. We are all related. At issue is no longer the “Jewish question” or the “Indian problem.” We must speak today in terms of the “human problem.” And it is this “problem” for which not a “final,” but a sustainable, viable solution must be found—because it is no longer a matter of “serial genocide,” it has become one of collective suicide. As Terrence Des Pres put it, in The Survivor: “At the heart of our problems is that nihilism which was all along the destiny of Western culture: a nihilism either unacknowledged even as the bombs fell or else, as with Hitler or Stalin, demonically proclaimed as the new salvation.”

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

Observation 3: Warming Leadership
1. Cooperation with Native Americans spurs action for renewable energy in LDCs. Dean B. Suagee, University of Michigan. Spring 1992 “Self-Determination For Indigenous Peoples At The Dawn Of
The Solar Age” Lexis. These attributes of soft energy paths apply equally to industrialized countries and to the LDCs. The economies of most industrialized countries are more energy efficient than that of the United States; some analysts have concluded that energy efficiency is a major factor in the global competitiveness of the Japanese. 315 A substantial body of literature indicates that there is a vast potential for energy efficiency improvements in the LDCs 316 and for the use of soft energy supply options, especially decentralized, renewable energy systems, in rural areas. 317 A study published by the United Nations has concluded that, for rural areas in the LDCs, the use of decentralized, renewable, stand-alone energy systems is the most realistic strategy to achieve rural electrification. 318 This study also found that the practical effect of choosing a strategy for rural electrification based on extending transmission lines from centralized power plants will be that most rural communities in the LDCs that do not have electricity will never be connected to a power grid. 319 One should bear in mind, of course, that the traditional homelands of most of the world's indigenous peoples are located in rural areas of the LDCs. Through a decade in which the Executive Branch of the United States government has been controlled by administrations that have demonstrated indifference and hostility toward soft-path options, the United States economy nevertheless has made substantial progress along several of the soft paths. 320 Progress also has been achieved in the LDCs, some of which have adopted innovative programs to spur decentralized, renewable, energy [*740] development. 321 Analysts have recommended a variety of ways to speed up this progress. 322 This part of the Article focuses on ways in which tribal governments could use their governmental powers to help people in Indian country choose soft energy paths and, drawing on experiences of the LDCs, suggests some ways in which tribal governments in this country could help to make soft energy paths viable choices for indigenous peoples and other rural communities in the LDCs.

2. Developing countries greenhouse gas output will continue to rise in the status quo. Only the aff can reverse this. Pew Center on Global Climate Change October October 2002 www.pnl.gov/aisu/pubs
Addressing climate change in developing countries poses a fundamentally different challenge. For most, emission reduction is not a viable option in the near term. With income levels far below those of developed countries—and per capita emissions on average just one-sixth those of the industrialized world—developing countries will continue to increase their emissions as they strive for economic growth and a better quality of life. But their steadfast resistance to the idea of limiting their emissions has led to claims in some quarters that developing countries are not doing their fair share. Indeed, the Bush administration, in rejecting Kyoto, declared the Protocol unfair to the United States because it does not mandate action by large developing countries.

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

Observation 3: Warming Leadership
3. Native Americans want to use the massive amounts of wind in the reservations to harvest clean energy and become economically independent. Becky Bohrer, Staff writer for the LA Times. 9/23/2001. “More Indian Tribes Are Tapping Land’s Potential for Profit” http://articles.latimes.com/2001/sep/23/local/me-48994
The wind can howl for days without taking a breath, blowing with a force known to tip over railroad cars. Leaders of the Blackfeet Indian reservation, where unemployment hovers near 70%, hope the wind has enough strength to carry off some of the poverty too. The Blackfeet, who live in the shadows of the Rocky Mountains in northwest Montana, are developing what is being called the first commercial wind farm on an American Indian reservation. Indian leaders hope to harness what often has been seen as little more than a nuisance and turn it into a moneymaker for their communities. The wind farm, scheduled for construction near the eastern boundary of Glacier National Park as early as next year, could produce enough electricity to power 20,000 homes. Besides money and jobs–including an estimated 30 construction jobs and up to six permanent positions–Indian leaders see a field of dozens of tall wind turbines as a possible tourist draw that could help other sectors of the local economy. “It’s one avenue by which we can reach our economic independence,” said Marilyn Parsons, the tribe’s planning director. The effort is an example of a push by some tribes to develop the natural resources of their lands–but on their own terms. “The tribes have learned a lot in the 20th century and they are looking for new opportunities in the 21st century and to be leaders in their regions for clean economic opportunities,” said Bob Gough, secretary of the Intertribal Council on Utility Policy. (Insert Warming Impact)

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

Observation 4: Self – Determination
1. Increase use of renewable energy resources on tribal lands results in increased tribal sovereignty, economic development and reduced pollution. 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. One of the key recommendations of the GCVTC report was to assess the potential impact of increasing the use of renewable energy resources for the generation of electricity as a way to reduce pollution from fossil-fueled power plants in the West, and thereby improve visibility. The WRAP has commissioned studies to assess the potential for the generation of electricity from renewable energy resources. One such study focused on the policy actions that States in the West could take in order to increase the generation of electricity from renewable resources.(2) A similar study focused on actions that Native American Tribes could take in order to increase electricity generation form renewable resources. However, the tribal study had an expanded focus that considered not only policy actions, but also the available renewable energy resources in Indian country, energy information required in a TIP, tribal energy perspectives, and an analysis of the barriers and opportunities for tribal energy development. The resulting report from this study (“the Tribal Renewables Report”(3)) recommends policies and strategies for tribal leaders to consider in order to use renewable energy resources not only to reduce pollution but also as a means to assert tribal sovereignty and autonomy and to spur economic development on tribal lands

2. Indigenous Indian development creates a solvent global model Miriam Jorgensen, Research Associate for the Harvard Project on American Indian Economic Development and consultant to the Standing Rock Sioux and White Mountain Apache Tribes, 97, American Indian Studies, p. 137
In particular, the challenge for American Indian economic development is for it to be indigenously defined and institutionally based. As such, development will be a process which takes account of Native assets and goals and incorporates them into specific plans for the future. It will be capable of addressing welfare issues generally, and not income issues alone. Because it concentrates on institutional development, it will not put limited projects ahead of broader policy-making. It will create a political-economic environment which is conducive to investment by tribal members and non- members alike. Furthermore, its political and social institutions will together promote the continued success of these designated welfareimproving investments. Clearly, development that succeeds at combating poverty and its concomitant ills is not narrowly "economic." Finally, if Native nations achieve this kind of development, their success will be a beacon not only to other indigenous peoples whose colonizers allow a measure of political independence, but to all nations which are restructuring their development outlook. American Indian nations have the potential to show other countries—from Eastern Europe to Asia and beyond -how development can be done "right."

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

Observation 4: Self-Determination
Suppression of self-determination triggers wars. Glenn Morris, Professor of the Fourth World Center for the Study of Indigenous Law and Policy at the University of Colorado, 99, Native American Sovereignty, p. 324-325
3. More important, the purpose here is to indicate that through the application of contemporary principles of international law, particularly in the area of decolonization and self-determination, indigenous peoples must ultimately be entitled to decide for themselves the dimensions of their political, economic, cultural, and social conditions. It must be emphasized that the construction of this position is not based in the supposition that because indigenous peoples constitute ethnic or cultural minorities in larger societies they must be protected due to that status. Rather, the position is that since Europeans first wandered into the Western hemisphere they have acknowledged the unique status of indigenous peoples qua indigenous peoples. That status is only now being reacknowledged through the application of evolving principles of positive and customary international law. While such assertions may seem novel and untenable at present, it should be recalled that just forty years ago, tens of millions of people languished under the rule of colonial domination; today, they are politically independent. Central to their independence was the development and acceptance of the right to self-determination under international law. Despite such developments, many colonized peoples were forced by desperate conditions to engage in armed struggle to advance their legitimate aspirations. Similarly, for many indigenous peoples few viable options remain in their quest for control of their destinies. Consequently, a majority of the current armed conflicts in the world are not between established states, but between indigenous peoples and states that seek their subordination. Armed struggle for most indigenous peoples represents a desperate and untenable strategy for their survival. Nonetheless, it may remain an unavoidable option for many of them, because if their petitions seeking recognition of their rights in international forums are ignored, many indigenous peoples, quite literally, face extermination.

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

Observation 5: Solvency
1. Despite past atrocities, Native Americans support alternative energy and believe Congress should create a tax incentive to aid in developing these technologies for tribes. National Congress of American Indians, 2008, 2008 Political Platform, http://nativevote.org/documents/NCAI%20Politi
cal%20Platform%202008.doc. WE BELIEVE in the importance of balancing natural resource and economic development with sustainable conservation principles. To help combat climate change and simultaneously develop new economic opportunities, renewable energy sources should be a priority for future energy development. Indian Nations across the country have a vast renewable energy potential, and many of them are leading the way in developing wind, solar, biomass, and geothermal energy sources. Indian tribes have a great capacity to assist in the national energy agenda, and work as partners in developing progressive energy policies. We call upon Congress to adopt legislation that will create a Production Tax Incentive that will allow Indian tribes to develop alternative energy sources in an economically feasible manner. WE BELEVE that the United States, as legal trustee of Indian lands, has a special obligation to assist tribes in the protection, management, and environmentally sound development of their natural resources, including reserved water rights and mineral resources, toward the end of utilizing them to promote the development of sustainable, diversified, self governing economies on Indian reservations. The history of the government’s efforts to make these decisions and to manage these properties unilaterally is replete with scandalous failures, resulting in enormous liabilities for the government, unmitigated environmental disasters, and incalculable financial losses for Indian tribes and resources owners. In its fiduciary capacity, and in accordance with the federal Indian policy of tribal self-determination, the federal government must make available appropriate private sector expertise, where requested, that will be responsive to tribal objectives and cultural values in making decisions regarding resource development on Indian lands.

2. The tax status of Native Americans removes them from the two criteria necessary for successful wind power business. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
The project owners: Project ownership is the key to the issues discussed in this paper. Only certain owners will find profit in wind farms. These owners must, for financial reasons, meet two criteria. First, they must have easy access to the capital markets. Wind farms are extremely capital intensive. A 30MW n33 wind farm (enough to power, on average, 12,000 homes) such as one proposed for the Rosebud Reservation can cost $ 48 million to build. n34 Modern wind farms are generally in the 100-200MW range, and can represent capital investments of half a billion dollars. n35 Second, the owner must have a large, steady tax liability from non-wind operations that they can offset with the PTC credits. A 30MW wind farm throws off more than $ 1.6 million per year in tax credits for the first ten years of its operation. n36 [*275] The two requirements above - access to capital markets and large tax liability - mean wind farm owners tend to be some of the largest corporations in the world, and that the owners and financiers of projects tend to be one in the same. American investment bank Goldman Sachs, financial giant General Electric and Australian investment bank Babcock & Brown all own or have owned significant wind properties. n37 III. Tax Credits and Tribes However, the two requirements - access to capital markets and large tax liability - also work to wreck the hopes for tribal ownership of wind projects. Tribes, as discussed infra, are non-taxable entities. As such, they cannot use tax credits, and are at a competitive disadvantage compared to taxable owners of wind projects.

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Observation 5: Solvency
Tradable tax credits for wind farms are a financial incentive from Congress to Native Americans to increase alternative energy. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
Making tax credits tradable by tribes - and thereby aligning the financial incentives of tribes with the rest of the U.S. business community - promotes the federal goal of guiding economic activity, whether in the wind power industry or in other industries with substantial tax credits. Congress is bent on fostering renewable energy production in the United States. Congress is also bent on fostering tribal energy development. If Congress made the PTC tradable, tribes would face the same tax incentives as the rest of the business community, renewable energy development on tribal lands would increase, and Congress would take a step forward in achieving its goals of tribal and renewable energy development. Tax credits are economic incentives the government provides to promote certain activities. n76 With these incentives, the government is trying to encourage economic activity (such as charitable giving or pollution-free energy production) that the government considers socially beneficial. n77 The government has an interest in promoting those activities targeted for promotion to the fullest extent possible, including in Indian Country.

Tradable tax credits promote lasting business and encourage nation-state building. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability of Tax Credits Harms Indian Tribes, American Indian Law Review
Making the PTC tradable for tribes, as part of a program to make all tax credits tradable for tribes, would have a positive economic impact on tribes. But to fulfill its potential, a tradable tax credit must be enacted as part of broader legislation to bolster tribal economic development. Or, as one scholar put it, "A federal Indian policy that focuses on the exploitation of tribal natural resources, and not on the development of tribal economies, is doomed to resistance and failure." n98 Much research has been done over the past decade on the factors that make tribal economies prosper, notably by Stephen Cornell, Joseph Kalt, Jonathan [*290] Taylor and their colleagues at the Harvard Project on American Indian Economic Development. n99 The main points of the research stress tribal governance, the importance of tribal sovereignty, tribal corporate governance and the need to think broadly about economic development in order for tribal enterprises to succeed. Cornell and Kalt, in particular, stress a nation-building approach: A nation-building approach to development doesn't say, "let's start a business." Instead, it says, "let's build an environment that encourages investors to invest, that helps businesses last, and that allows investments to flourish and pay off." A nation-building approach requires new ways of thinking about and pursuing economic development. Telling the planning office to go get some businesses going doesn't begin to crack the problem. The solutions lie elsewhere: in the design and construction of nations that work. n100 New ideas in tax credits and other tax incentives for tribes can be a part of this nation-building approach, by laying the fiscal framework for tribal business to prosper. But tax credits will only be a part of the solution - moving toward tribal economic development will require much broader effort than tax credits alone, and Congress should be cautioned against thinking that solving the PTC transferability problem will prove a magic bullet for tribes.

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Observation 5: Solvency
Anti-nuclear movements pass over Native American reservations as being important battle grounds in the fight against nuclear energy. We must fight the way in which uranium is exploited from reservations, and allow for a new beginning of our relationship to reservations. Ward Churchill, Coordinator of the Colorado chapter of the American Indian Movement, former professor of professor of ethnic studies at the University of Colorado at Boulder. 1993, Struggle for the Land (Indigenous Resistance to
Genocide Ecocide and exportation in contemporary North America. p. 306-308
There is a long-standing crucial defect in the U.S. anti-nuclear movement-and the broader environmental movement of which it was/is mostly a part. From the Clamshell and Abalone Alliances of the 1970s to the Freeze Movement of the 1980s, nonIndian activists have focused all but exclusively on the very final stages of the nuclear cycle.'" In other words, they have inevitably concentrated on the reactors and weapons composed of byproducts eventually refined from the yellowcake uranium mined and milled at the front end of the cycle, on Indian land. Hence, their victories, however satisfying in an immediate sense, have always been tactical, never strategic. Put another-way, whenever they've been successful in closing or preventing a reactor in one place, their opponents have simply built another (or two) somewhere else; whenever they've caused weaponry to be removed from one location, it's merely been shifted to another. If the specter of rampant nuclearism is ever to be truly abolished, such approaches must be changed, and drastically so. The key to a strategic vision for anti-nuclear activism is and has always been in finding ways to sever nuclear

weapons and reactors from their roots. This means, first and foremost, that non-Indians cast off the blinders which have led them to the sort of narrow "not in my back yard" sensibility voiced by Barry Commoner and his erstwhile vice presidential running mate, LaDonna Harris (a Comanche and founding member of CERT).'" Rather than endlessly combating the end-products of the nuclear industry, the movement as a whole must shift its emphasis to preventing uranium from being taken out of the ground in the first place. This, in turn, means focusing everyone’s primary energy and attention, not on places like Seabrook and Diablo Canyon, inhabited though they may be by “important" population sectors (i.e., EuroAmericans), but upon places peopled by "mere Indians”: Key Lake and Clear lake in Canada, for example, or Navajo, Laguna, and a number of other reservations in the united states. Ultimately, stopping the processes of uranium extraction in Indian Country, and consequent nuclear proliferation elsewhere, will be impossible so long as the structure of colonial domination on the reservations is maintained. This means that coordinative and brokering organization like CERT, and the prevailing system of ‘tribal governance,” must be opposed right along with the non-Indian governments and corporations which invented and sustains them. the first priority-for the anti-nuclear movement, the broader environmental movement, and for North American progressivism in general, must be the decolonization of Native North America. To accomplish this, indigenous liberation groups like the American Indian Movement must be accorded a central role in setting the agenda for and defining the priorities of radical social change on this continent. In the alternative (if it may be called that), there is at best only the prospect of what the French commentator Andre Gorz, in examining his own country's nuclear industry, once termed 'electric fascism..,B7 More likely, in North America, the radioactive colonization of Indian Country will go on and on, until-like some proverbial miner's canary sent first into shafts to detect with their lungs the presence of lethal gas-Indians die of the con· taminates to which their "betters" have forcibly subjected them.'" Unlike the canary, however, Indians by their deaths provide no early warning of the fate about to befall those who sacrifice them in this fashion. This is true because, unlike miners who rely upon canaries, those who sacrifice Indians have no place to turn for safe haven once their victims have died The ecological effects of radioactive colonization know no boundaries. Radon gas and windblown radioactive particulates do not know they are intended to stop when they reach non-Indian territory. Contaminated water does not know it is supposed to pool itself only under Indian wells. Irradiated flora and fauna are unaware they are meant only for consumption by indigenous "expendables." The effects of such contaminants are just as fatal to nonIndians as they are to Indians; the longevity of radionuclides is still just as "forever" now as it was twenty years ago; nothing has really changed in these respects since John Gofman and Arthur Tamplin first published Poisoned Power in 1971.'" Neither genocide nor ecocide can be "contained" when accomplished by nuclear means. The radioactive colonization of Native North America therefore threatens not only Indians, but the survival of the human species itself. The tools for fighting back against any threat begin, it is said, with a precise understanding of the danger and, from there, the best means by which to counter it. In this instance, the situation is simple enough: we are all-Indian and non-Indian alikefinally in the same boat. At last there is no more room for non-Indians to maneuver, to evade, to find more "significant" issues with which to preoccupy themselves. Either the saving of indigenous lives becomes a matter of preeminent concern, or no lives will be saved. Either Native North

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Observation 5: Solvency
America will be liberated, or liberation will be foreclosed for everyone, once and for all. The fight will either be waged on Indian land, for Indian lives, or it will be lost before it really begins. We I must take our stand, together. And we are all running out of time in which to finally come to grips with this fact.

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Natives Aff DDI 2008 BQ Cory, Lauren, Phillip, Sam, Steve Tribes use non-Native developers to obtain wind energy projects, but are still unable to obtain the tax incentive. 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 Few, if any, tribes have been able to take advantage of the production tax credits offered to date because many tribes that have been able to create wind energy projects have relied on non-Native developers to help them get projects off the ground. Under current law, tribes are not entitled to the tax credits provided to non-Native developers for renewable energy production because tribes have a tax-exempt status. Tribal energy experts say it's important for tribes to be reaching out to Congress regarding the tax-exempt issue, since it likely discourages non-Native developers from wanting to work with tribes.

Inherency

Federal incentives leave out Native Americans. 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 Recent legislative developments have also made it challenging for tribes to obtain federal wind energy seed funding. In 2007, Thune proposed the Wind Energy Development Act, which included $2.25 billion in funding for Clean Renewable Energy Bonds that tribes could have used to fund pilot wind energy programs. Under Thune's plan, 20 percent of this bonding would have been specifically set aside for tribes; however, the set-aside did not make it into the current version of the wind energy tax credit legislation, and it was not in the energy bill that passed last December. Some tribal energy advocates believe supporting new legislation that promotes Clean Renewable Energy Bonds may be the best hope for tribes that want to receive federal funding to begin wind energy development. Thune's current legislation proposes $400 million in funding for the bonds, which energy experts say tribes should be eligible to apply for via the IRS.

Despite the US’ trust responsibility to tribes, no federal incentive exists that specifically assists Native Americans. In fact, status quo policies are harmful. 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 As the Senate and House consider extensions of the renewable energy tax credit, the Intertribal Council on Utility Policy, which represents 10 tribes, is pushing for legislation that would support tribal wind projects. Officials with the group note that none of the federal incentives currently in place involving wind energy were designed expressly for tribes, which they say is ironic since tribes are the only group that the federal government has an explicit trust responsibility to assist in economic development. ''The federal renewable energy incentives, as designed, are problematic for tribes, in that they are both insufficient and inappropriate as drivers of tribal development as presently configured,'' the group noted in a recent policy paper. ''The presently formulated federal incentives have actually worked as disincentives in the unique context of tribal renewable energy development.''

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Inherency
Tribes have the right to independence away from the exploitative statecorporate apparatus, energy development is the first step. 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. 10
Sovereignty is a critical feature of the status and power of federally recognized Indian tribes in the United States. Sovereignty is a complex concept and can be defined as "the supreme power from which all specific political powers are derived."24 Sovereignty is inherent; it comes from within a people or culture. Ideally, sovereignty is the unrestricted right of groups of people to establish themselves in the political, social and cultural fashions that meet their needs. It is the right of a people to freely define ways in which to use land, resources and manpower for their common good. Finally, sovereignty is the right of people to exist without external exploitation or interference. 2S Indian tribal governments, as representatives of Indian reservations (which are technically considered nations) possess all the inherent power of any sovereign government (e.g., of a state), except as those powers may have been qualified or limited by treaties, agreements, or specific acts of Congress. Included among these inherent powers of Indian governments are the following: 26 1. The power to determine the form of government. 2. The power to define conditions for membership in the nation. 3. The power to administer justice and enforce laws. 4. The power to tax. 5. The power to regulate domestic relations of its members. 6. The power to regulate property use. Sovereignty is the foundation upon which tribal relationships with other government and private organizations are built. In this context tribes interact with federal, state, and local governments in a "government-to-government" relationship. Similarly, interactions between private industry and tribal governments should acknowledge the legal authority of the tribe. Tribal sovereignty has not always been respected, however, particularly in the use and management of natural resources on tribal lands. Early episodes in the management of tribes' natural resource base for the ostensible economic well-being of reservation residents were characterized. by inexperience on the part of tribal representatives and by blatant opportunism and exploitation on the part of industry and state and federal government agencies. This practice continued until well into the 1970s, and resulted in unfavorable (to tribes) energy mineral leases, many of which are still in place currently. While many tribes have made Significant progress in rectifying the unfavorable leases and business deals of the past and in improving the management of natural resources on their reservations, further progress needs to be made. Most tribes are seeking both greater levels of self governance and self sufficiency which requires a careful balance of political and economic aims in order to foster overall tribal welfare. Indian tribal leadership has become much more informed, educated and pro-active with respect to the conduct of business matters and the management of energy-related industries on tribal lands. Many tribes now recognize that their natural resource base, including both conventional and renewable energy resources, represents something far more valuable than has been traditionally reflected. in royalties and lease payments to non-Indian businesses. Tribes view the energy resource supply and electric utility industry as presenting lucrative economic development opportunities that can be pursued. in a way that is reconcilable with selfdetermination, sovereignty and environmental protection. The increased capabilities of tribal leadership and the exercise of tribal sovereignty gives tribes a powerful political tool in managing the entire spectrum of energy development on their lands. With the opportunity for energy resource development on their lands, tribes will have greater political strength to control and define their participation in development, production, transmission, marketing, and distribution. The combination of resource development opportunities and tribal political powers will assist tribes in negotiating energy resource agreements and increase their capabilities to supply energy products and services to expanded markets through such pursuits as inter-tribal compacts, contacts with power marketers, and arrangements with national laboratories, and agencies. As energy policy and the deregulation of various energy industries - specifically the electric utility industry continue to demand the attention of state and federal lawmakers, Indian tribal governments committed to

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Inherency
pursuing energy development have the opportunity to cultivate a powerful voice in the political debate about national energy strategies.

Tribes have legal power, but need the money. 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. 11
Tribal governments also have the ability to exercise the power of eminent domain, whereby the tribal government can purchase the assets of a utility that already exists on tribal lands, and then operate the utility for the benefit of reservation electric consumers. A tribe pursuing this course of action would have the power to set rates for power sales, control the operation of the utility, and choose methods for delivering electricity to consumers in its service territory, including reservation consumers. This means that a tribe interested in renewable energy and energy efficiency could use its utility to provide renewable power plants for its unserved (e.g., remote, off-grid) customers and could purchase power for its grid-connected customers from tribal or non-tribal renewable power providers. Tribes also have the power to regulate energy projects on their lands. This power includes, but is not limited to, the ability to control utility rights-of-way, to enforce environmental regulations, and to enforce labor, building, business, and health codes. Any conventional energy, renewable energy or energy efficiency project on Indian lands is subject to the regulatory power of the tribal government. This power includes both the power to enforce federal regulations, and to enact and enforce tribal regulations. For instance, tribal environmental protection agencies have, on some reservations, begun enforcement of the Clean Air Act Amendments and the Clean Water Act and a host of other federal environmental laws.

Tribes have some economic resources to develop alternative energy. 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. 11
Few tribes have independent sources of revenue and many have historically relied to a great extent on federal support, both for economic development and for day-today financing of tribal governmental functions and services. Unlike in non-Indian communities, a vigorous private sector is largely absent on many reservations, and changing this situation will require substantial investment, training and improvement of both physical and institutional infrastructure}1 Some tribes have been successful at establishing business ventures, arranging joint tax agreements with states, or adopting their own limited tax systems to raise revenues required for tribal government functions. The advent of casino gambling on certain reservations has provided a source of revenues for some tribes, which has been reinvested in reservations. 32 Because of tribal sovereignty and the unique legal and political standing of tribes, there are several financial resources and mechanisms which can be leveraged. for economic development and energy project development. Equity financing options are more available to tribes now than they have been in the past because many tribes now have financial resources available for project development. Tribes have also been more successful at attracting equity investment from non-Indian firms. Tribes can also now take full advantage of various debt financing options. These mechanisms are described in detail in this section.

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Inherency
Tribes need money. 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. 15-16
As a result of the growing movement among tribes for self-determination, many tribes are now seeking more active roles in owning, developing and regulating energy and natural resource enterprises on their reservations. However, tribes still lack predictable and diversified revenue sources with which to capitalize the development and regulation of industries on their reservations, including renewable energy projects. Access to capital is a pre· requisite to any economic development initiative, and financial resources are needed for investment in infrastructure, services and businesses.44 Indian communities in general have not experienced advanced development of their financial systems or institutions. Banks. mortgage companies, venture capital firms and other finance institutions are almost nonexistent on Indian reservations, and off-reservation institutions frequently do not adequately serve Indian communities.4S In order to improve their opportunities for generating revenue and creating a climate favorable to financial investment, tribes need to address several important prerequisites to development and long-term sustainability of economic activities. These include: 1. Policies that delineate the roles and responsibilities of the public and private sectors and are supportive of economic activities; 2. Access to capital financing on terms and conditions that are appropriate for a range of investment needs; 3. Development of economic and financial institutions that can identify investment opportunities and mobilize and target resources effectively; 4. A legal system that facilitates investment and protects the interests of all parties engaged in financial or commercial transactions.46 Tribes interested in pursuing the development of renewable energy projects need to examine a diverse range of financing options; many of these options can actually be considered to be financial resources of tribes and are discussed in Section III.C., Financial Resources. Tribes need to explore in depth the various advantages their unique legal, sovereign status can have in packaging financing options and in structuring economic development institutions and projects on the reservation.

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

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Colonialism
Native Americans Live under an internal colonialism in, which they are controlled entirely by the larger state apparatus. Ward Churchill, Coordinator of the Colorado chapter of the American Indian Movement, former professor of professor of ethnic studies at the University of Colorado at Boulder. 1993, Struggle for the Land (Indigenous Resistance to Genocide Ecocide and exportation in contemporary North America. pp. 23-24
One of the major problems confronting those attempting to articulate the status of the indigenous nations of this continent has to do with the specific form of imperialism imposed upon us: "internal colonialism."" The idea of internal colonialism is undoubtedly somewhat unorthodox. The conventional analysis of colonization ranges from that adopted by the United Nations (which requires by strict definition that an ocean separate the colonizer from the colonized in order for a "true" condition of colonization to exist) to that of conventional socialist thinking which, with certain exceptions, subscribes to a less specific though similar interpretation.'" Internal colonialism is the result of a peculiarly virulent form of socioeconomic penetration wherein the colonizing country literally exports a sufficient proportion of its population to supplant (rather than enslave) the indigenous population of the colony. Elsewhere, this method has been termed "settler colonialism."" Often under such conditions, the settler population it self revolts at a certain point against the mother country regime and establishes itself as an independent or quasi independent sovereignty; the indigenous people" "nations consequently become colonized entities within a given national territory rather than subject to the more classic form of colonization from abroad. Aside from the United States and Canada, the modern world witness several other leading examples of this state of affairs. Among these are Australia, Northern Ireland, New Zealand, Bolivia, Peru, Guatemala, Ecuador, South Africa and Israel. Until liberated by African revolutionary forces, Rhodesia (now Zimbabwe) at least aspired to this model. Current indications are that the phenomenon of internal colonialism has been dramatically underestimated as a global condition. It requires serious study on the part of progressive intellectuals and governments, as well as the development implementation of effective ways and means of supporting impacted nationalities as soon as possible. The liberation struggle we wage is not extended against the discrimination and class exploitation visited by a dominant society and its bourgeoisie upon ethnic and racial minorities within the United States, although we staunchly oppose these conditions and fully support those who actively resist them. Rather, as colonized nations we are pursuing strategies and courses of action designed to lead to decolonization within the colonizing "mother country”

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Colonialism
Native Americans have become Colonized citizens by the United States Government, and have accepted a policy of white superiority. Indigenous peoples now passively accept their roles as passive human beings, who can be used any way we want. We can see this in our culture around the discourse in which we talk about Cowboys and Indians. Michael Yellow Bird, Associate Professor Center for Indigenous Nations Studies. 2004-10, Wicazo Sa Review, Vol. 19, No. 2, Colonization/Decolonization, I, (Autumn, 2004), pp.33-48, http://www.jstor.org/stable/1409497.
America has carefully made sure that Indigenous Peoples continue to fulfill the role of a racial and cultural scapegoat in the game of cowboys and Indians. However, it is hardly an amusing situation since Indigenous Peoples experience numerous humiliating assaults from colonial society, for instance, control and manipulation of their tribal governments by the U.S. federal government, land and resource theft and destruction by U.S. multinational corporations, control and exploitation of tribal gaming and economic revenue by state govern- ments, poorly funded on-reservation substandard schools that continue teaching the prevaricated history of the colonizer, and the l continued use of racist images and words to describe Indians. As colonized peoples, many of us have internalized and adapted to the colonizer's dominant ideology, which has perpetuated our subjugation and repression. As a result we have developed a certain sense of internalized denigration and personal contempt within our conscious- ness resulting in self-effacing and destructive behaviors. However, this 45 can change if Indigenous and non-Indigenous Peoples intelligently resist American colonialism and begin the process of decolonizing cow- boys and Indians, beginning by telling the truth about the racist intent of the cowboys and Indians phenomenon. We must also intelligently interrogate and reform the colonial structure of this nation and challenge the written false histories of the American colonizer. Indigenous Peoples must consciously refuse to be little red plastic toy Indians participating in the racist American myths and policies of white colonial supremacy. Whites must refuse to be little blue plastic toy cowboys blindly accepting their position of privilege in society and, instead, truthfully amend this nation's history and practice of colonialism while seeking justice on behalf of those they have colonized here and abroad. Until this is done, cowboys and Indians will continue to be toys of genocide, icons of colonialism. As colonized peoples, many of us have internalized and adapted to the colonizer's dominant ideology, which has perpetuated our subjugation and repression. As a result we have developed a certain sense of internalized denigration and personal contempt within our conscious- ness resulting in self-effacing and destructive behaviors. However, this can change if Indigenous and non-Indigenous Peoples intelligently resist American colonialism and begin the process of decolonizing cow- boys and Indians, beginning by telling the truth about the racist intent of the cowboys and Indians phenomenon. We must also intelligently interrogate and reform the colonial structure of this nation and challenge the written false histories of the American colonizer. Indigenous Peoples must consciously refuse to be little red plastic toy Indians participating in the racist American myths and policies of white colonial supremacy. Whites must refuse to be little blue plastic toy cowboys blindly accepting their position of privilege in society and, instead, truthfully amend this nation's history and practice of colonialism while seeking justice on behalf of those they have colonized here and abroad. Until this is done, cowboys and Indians will continue to be toys of genocide, icons of colonialism.

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Colonialism
Native American reservations are used for corporate and state benefits, which Native Americans never see the piece of. Corporations move in make a profit and only leave a trail of environmental destruction in their place, we can see this with the example of uranium. Ward Churchill, Coordinator of the Colorado chapter of the American Indian Movement, former professor of professor of ethnic studies at the University of Colorado at Boulder. 1993, Struggle for the Land (Indigenous Resistance to Genocide Ecocide and exportation in contemporary North America. pp 264-265
Although only about two-thirds of U.S. uranium deposits lie within reservation boundaries, as much as 90 percent of the country's mining and milling have been undertaken on or immediately adjacent to Indian land since the lpineral became a profitable commodity during the early '50s. The bulk of this activity has occurred in the Grants Uranium Belt of the Colorado Plateau, the so-called 'Four Corners" region, where the boundaries of Utah, Arizona, Colorado and New Mexico intersect. The Four Corners is home to the greatest concentration of land based indigenous population remaining in North America: the Dine(Navajo), Southern, Ute Mountain, Zuni, Laguna, Acoma, and several other Pueblo nations all reside there. Since by far the most extensive activity has occurred on the\Navajo and Laguna Reservations, it will be useful to consider the situation of each in turn. In 1952, the U.S. Interior Department's Bureau of Indian Affairs (BIA) awarded the Kerr-McGee Corporation the first contract----duly rubberstamped by the federally-created and supported Navajo Tribal Council-to mine uranium on Dine land, employing about 100 Indian miners at two-thirds the off-reservation pay scale." In the same year, a federal inspector at the corporation's mine near the reservation town of Shiprock, New Mexico, found the ventilation fans in the facility's main shaft were not functioning." When the same inspector returned in 1955, the fans ran out of fuel during his visit. By 1959, radiation levels in the Shiprock mine were estimated as being 90 to 100 times the maximums permissible for worker safety." Nothing was done about the situation before the uranium deposit played out and the Shiprock operation was closed in 1970. At that point, Kerr-McGee simply abandoned the site, leaving the local community to contend with 70 acres of uranium tailings containing about 85 percent of the original radioactivity found in raw uranium ore, much of it continuously emitted in clouds of radon and thoron gas. The huge mounds of waste, which remain virulently mutogenic and carcinogenic for thousands of years, begin less than 60 feet from the only significant surface water in the Shiprock area, the San Juan River. It was shortly discovered that the BIA had 'overlooked" inclusion of a clause requiring the corporation to engage in any sort of operational clean up. As Richard O. Clemmer has explained the problem: [R]adon and gases, while themselves inert, readily combine with the molecular structure of human cells and decay into radioactive thorium and [polonium]. Radon and thoron gases, if inhaled, irradiate cells in the lining of the respiratory tract, causing cancer. The millions of gallons of radioactive water [released by the uranium industry also] carry deadly selenium, cadmium, and lead and thoron gases, if inhaled, irradiate cells in the lining of the respiratory tract, causing cancer. The millions of gallons of radioactive water [released by the uranium industry also] carry deadly selenium, cadmium, and lead that are easily absorbed into the local food chain, as well as emitting alpha and beta particles and gamma rays. Human ingestion of radioactive water can result in alpha particles recurrently bombarding human tissue and eventually tearing apart the cells comprising that tissue. Uranium-bearing tailings are constantly decaying into more stable elements and therefore emit radiation, as do particles of dust that blow with the wind and truck travel on dirt roads.

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Colonialism
Our Great Leaders present in our every day society helped to commit the genocide against the native American nations across this continent. These leaders helped run our national government are at fault for destroying Native American culture. Michael Yellow Bird, Associate Professor Center for Indigenous Nations Studies. 2004-10, Wicazo Sa Review, Vol. 19, No. 2, Colonization/Decolonization, I, (Autumn, 2004), pp.33-48, http://www.jstor.org/stable/1409497.
I mistakenly pulled out a one-dollar bill from my wallet, thinking it was a twenty. The cashier stared at me as I put it back, but not before I looked at the picture of George Washington, remembering that cowboys call this guy one of the founding fathers of the United States while the Seneca called him "Caunotaucarius" (the town destroyer). I recalled a conversation with a Seneca brother who informed me that the father of this country sent American troops through his people's territory burning down villages, destroying all crops and stored foodstuffs, killing many, and leaving the rest to starve through the bitter winter. I pulled out a five and searched for another and a couple of ones with no luck. Ah yes, Abraham Lincoln, the great emancipator pictured on the five-dollar bill, "freed" black slaves and gave orders to hang thirty-eight Dakotas following the so-called Dakota Uprising in Minnesota. This hanging was called the "greatest mass execution in U.S. history," and, according to the Guinness Book of Records, lynching these Dakotas made "Old Honest Abe" the record holder for the largest hanging of people from one gallows. During Lincoln's presidency, the Dakota were mistreated, cheated, and abused by white settlers, Indian agents, and traders who had pushed them off their lands, leaving them only one-tenth of their original territory. They were starving because the wild game was gone from their hunting grounds, which were claimed by white settlers. They were also deceived in the treaties that they made with the United States and did not get annuities and food promised to them. When Dakota chief Little Crow requested food from Indian agent Thomas Galbraith for his starving people, he was condescendingly told by trader Andrew Myrick that they should "eat grass or their own dung."5 I put back the five and finally pulled out a twenty and gave it to the cashier who put it in the register while she counted my change. As I waited, I remembered that Andrew Jackson, the brave Indian fighter on the twenty-dollar bill, was called the "devil" by the Creek Nation because of his wanton slaughter of unarmed Creeks. "At the Battle of Horse Shoe Bend, Jackson and his troops surrounded eight hundred Creeks and killed almost all of them, including women and children. Afterward his soldiers made bridle reins of skins taken from the corpses; they also cut off the tip of each dead Indian's nose for a body count. Jackson was also responsible for illegally driving the Cherokees off their homelands in Georgia and force-marching them to Oklahoma, but not before five to eight thousand (mostly elders, children, and women) died on the "trail of tears." As I collect my change, it occurs to me that I got rid of the Cherokee/Creek killer, but now have three more town destroyers and one more Dakota executioner.

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Colonialism
We have yet to reconcile our past crimes against Native Americans Which still continue to this day, the United States still continues to exploit and control the Native American populations in this country. Ward Churchill, Coordinator of the Colorado chapter of the American Indian Movement, former professor of professor of ethnic studies at the University of Colorado at Boulder. 1993, Struggle for the Land (Indigenous Resistance to Genocide Ecocide and exportation in contemporary North America. pp 7-8
The history of 500 years of warfare directed against the indigenous inhabitants of the Americas is gradually coming to light. Even those who acknowledge the genocidal nature of European and Euroamerican policies regarding American Indians, however, tend to see them as the extremes of a different era: the brutality of the Conquistadores or the massacres permeating the saga of the "Winning of the West." The underlying motivation prompting the genocide of Native Americans, the lust for their territories and the resources within them, is typically hidden behind a rhetoric extolling the "settlement" of essentially vacant and "undiscovered" lands. To admit otherwise risks revealing that the past motive for genocide exists as much today, and in some ways more so. This volume of the series on Genocide and Resistance illustrates through a sequence of case studies that the destruction of indigenous peoples through the expropriation and/or destruction of their land bases is very much an ongoing phenomenon in both the United States and Canada. The processes are not simply genocidal; they are increasingly ecocidal in their implications.' Not only the people of the land are being destroyed, but, more and more, the land itself. The nature of native resistance to the continuing onslaught of the invading industrial culture is shaped accordingly. It is a resistance forged in the crucible of a struggle for survival. As "Perversions of Justice" demonstrates, the philosophical/legalistic rationalization of such circumstances is not new. Rather, the present situation is simply the outgrowth of a juridical doctrine which has been evolving in the U.S. since before the very earliest moments of the republic. This ideology of expansionism-popularly known as "ManifestDestiny"-has on going direct impacts upon the indigenous peoples of North America. The ideology also supported philosophical developments elsewhere. A salient example is Adolf Hitler's concept of lebensraumpolitik ("politics of living space"). The ideology stipulated that Germans were innately entitled, by virtue of an imagined racial and cultural superiority, to land belonging to others. This rendered Germany morally free in its own mind to take such lands through the aggressive use of military force.'

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Colonialism
Native Americans have been forced to become more like the “white” person, so that they could extol the same idea of private property so the U.S. government could take their land away from them. Vine Deloria, Jr. Indian rights advocate and former Executive Director of the National Congress of American Indians, 1969. Custer Died For your Sins pp 7-8
American blacks had become recognized as a species of human being by amendments to the Constitution shortly after the Civil War. Prior to emancipation they had been counted as three fifths of a person in determining population for representation in the House of Representatives. Early Civil Rights bills nebulously state that other people shall have the same rights as "white people," indicating there were "other people." But Civil Rights bills passed during and after the Civil War systematically excluded Indian people. For a long time an Indian was not presumed capable of initiating an action in a court of law, of owning property, or of giving testimony against whites in court. Nor could an Indian vote or leave his reservation. Indians were America's captive people without any defined rights whatsoever. Then one day the white man discovered that the Indian tribes still owned some 135 million acres of land. To his horror he learned that much of it was very valuable. Some was good grazing land, some was farm land, some mining land, and some covered with timber. Animals could be herded together on a piece of land, but they could not sell it. Therefore it took no time at all to discover that Indians were really people and should have the right to sell their lands. Land was the means of recognizing the Indian as a human being. It was the method whereby land could be stolen legally and not blatantly Once the Indian was thus acknowledged, it was fairly simple to determine what his goals were. If, thinking went, the Indian was just like the white, he must have the same out look as the white. So the future was planned for the Indian people public and private life. First in order was allotting them reservations so that they could sell their lands. God s foreordained plan to repopulate the continent fit exactly with the goals of the tribes as they were defined by their white friends. It is fortunate that we were never slaves. We gave up land instead of life and labor. Because the Negro labored, he was considered a draft animal. Because the Indian occupied large areas of land, he was considered a wild animal. Had we given up anything else, or had anything else to give up, it is certain that we "could have been considered some other thing.” Whites have had different attitudes toward the Indians and the blacks since the Republic was founded. Whites have always refused to give non-whites the respect which they have been found to legally possess. Instead there has always been a contemptuous attitude that although the law says one thing, "we all know better." Thus whites steadfastly refused to allow blacks to enjoy the fruits of full citizenship. They systematically closed schools, churches, stores, restaurants, and public places to blacks or made insulting provisions for them. For one hundred years every program of public and private white America was devoted to the exclusion of the black. It was, perhaps, embarrassing to be rubbing shoulders with one who had not so long before been defined as a field animal. The Indian suffered the reverse treatment. Law after law was passed requiring him to conform to white institutions. Indian children were kidnapped and forced into boarding schools thousands of miles from their homes to learn the white man's ways. Reservations were turned over to different Christian denominations for governing. Reservations were for a long time church operated. Everything possible was done to ensure that Indians were forced into American life. The wild animal was made into a household pet whether or not he wanted to be one.

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Colonialsm
We have tried to destroy the culture of the Native Americans, we have forced our justice upon them, our way of living, thus destroying their cultural practices. Vine Deloria, Jr. Indian rights advocate and former Executive Director of the National Congress of American Indians, 1969. Custer Died For your Sins pp. 9-10
The white world of abstract symbols became a nightmare for Indian people. The words of the treaties, clearly stating that Indians should have "free and undisturbed" use of their lands under the protection of the federal government, were cast aside by the whites as if they didn't exist. The Sioux once had a treaty plainly stating that it would take the signatures or marks of three-fourths of the adult males to amend it. Yet through force the government obtained only 10 percent of the required signatures and declared the new agreement valid. Indian solutions to problems which had been defined by the white society were rejected out of hand and obvious solutions discarded when they called for courses of action that were not proper in white society. When Crow Dog assassinated Spotted Tail the matter was solved under traditional Sioux customs. Yet an outraged public, furious because Crow Dog had not been executed, pressured for the Seven Major Crimes Act for the federal government to assume nearly total criminal jurisdiction over the reservations. Thus foreign laws and customs among the basic concepts of justice came to dominate Indian life. If, Indians reasoned, justice is for Society’s benefit, why Isn’t our Justice accepted? Indians became convinced they were the world s stupidest people. Words and situations never seemed to fit together. Always, It seemed, the white man chose a course of action that did not work. The white man preached that it was good to help the poor, yet he did nothing to assist the poor in his society. Instead he put constant pressure on the Indian people to how’d their worldly goods, and when they failed to accumulate capital but freely gave to the poor, the white man reacted violently. The failure of communication created a void into which poured the white do-gooder, the missionary, the promoter, the scholar, and every conceivable type of person who believed he could help. White society failed to understand the situation be cause this conglomerate of assistance blurred the real issues beyond recognition. The legend of the Indian was embellished or tarnished according to the need of the intermediates to gain leverage in their struggle to solve problems that never existed outside of their own minds. The classic example, of course, is the old-time missionary box. People were horrified that Indians continued to dress in their traditional garb. Since whites did not wear buckskin and beads, they equated such dress with savagery. So do gooders in the East held fantastic clothing drives to supply the Indians with civilized clothes. Soon boxes of discarded evening gowns, tuxedos, tennis shoes, and uniforms Hooded the reservations. Indians were made to dress in these remnants so they could be civilized. Then, realizing the ridiculous picture presented by the reservation people, neighboring whites made fun of the Indian people for having the presumption to dress like whites. But in the East, whites were making great reputations as "Indian experts," as people who devoted their lives to helping the savages. Whenever Indian land was needed, the whites pictured the tribes as wasteful people who refused to develop their natural resources. Because the Indians did not "use" their lands, argued many land promoters, the lands should be taken away and given to people who knew what to do with them. White society concentrated on the individual Indian to the exclusion of his group, forgetting that any society is merely a composite of individuals. Generalizations by experts universalized "Indianness" to the detriment of unique Indian values. Indians with a common cultural base shared behavior patterns. But they were expected to behave like a similar group of whites and rarely did. Whites, on the other hand, generally came from a multitude of backgrounds and shared only the need for economic subsistence. There was no way, therefore, to combine white values and Indian behavior into a workable program or intelligible subject of discussion.

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Colonialism
The Government believes they can solve for the Native American’s problems, however they only work in a paternalistic framework. Along with the Private sector they still treat Native Americans as ignorant savages who need to be saved Vine Deloria, Jr. Indian rights advocate and former Executive Director of the National Congress of American Indians, 1969. Custer Died For your Sins pp. 14-15
This last year saw the results of a number of TASK FORCE REPORTS. In 1960, when the New Frontier burst upon the scene, a TASK FORCE REPORT was prepared. It made the recommendations listed above. In 1966 two additional TASK FORCES went abroad in search of the solution to the "Indian problem." One was a secret Presidential TASK FORCE. One was a semi-secret Interior TASK FORCE. In March of 1968 the President asked for a 10 percent increase in funds for Indian programs and after eight years of Democratic rule, a TASK FORCE recommendation was actually carried out. Government agencies always believe that their TASK FORCES are secret. They believe that anonymous experts can ferret out the esoteric answers to an otherwise insoluble problem. Hence they generally keep secret the names of people serving on their TASK FORCES until after the report is issued. Only they make one mistake. They always have the same people on the TASK FORCE. SO when Indians learn there is a TASK FORCE abroad they automatically know who are on it and what they are thinking. Paternalism is always a favorite subject of the TASK FORCES. They make it one of the basic statements of their preambles. It has therefore become an accepted tenet that paternalism dominates government-Indian relationships. Congress always wants to do away with paternalism. So it has a policy designed to do away with Indians. If there are no Indians, there cannot be any paternalism. But governmental paternalism is not a very serious problem. If an employee of the Bureau of Indian Affairs gives any tribe any static the problem is quickly resolved. The tribal chairman gets on the next plane to Washington. The next morning he walks into the Secretary of the Interior's office and raises hell. Soon a number of bureaucrats are working on the problem. The tribal chairman has a good dinner, goes to a movie, and takes the late plane back to his reservation. Paternalism by field men is not very popular in the Department of the Interior in Washington. Consequently, there is very little paternalism in the governmental sector if the tribe knows what it is doing. And most tribes know what they are doing. In the private sector, however, paternalism is a fact of life. Nay, it is the standard operating procedure. Churches, white interest organizations, universities, and private firms come out to the reservations asking only to be of service IN THEIR OWN INIMITABLE WAY. No one asks them to come out. It is very difficult, therefore, to get them to leave. Because no chairman has the time to fly into New York weekly and ask the national churches to stop the paternalistic programs of their missionaries, the field is ripe for paternalism. Most of them are not doing much anyway. But, people in the private area are working very hard to keep Indians happy. When Indians get unhappy they begin to think about kicking out the white do-gooders, paternalism or not. And if the private organizations were kicked out of a reservation, where would they work? What would they claim as their accomplishments at fund-raising time? Churches, for example, invest great amounts to train white men for Indian missions. If there were ever too great a number of Indian missionaries, Indians might think they should have their own churches. Then there would be no opportunity to convert the pagans. Where, then, would clergy misfits go if not to Indian missions?

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Colonialism
Our Policy towards Native Americans still works under a discovery framework believing since we discovered the “Americas” we can do anything we want to do with it, even if there are already millions of people living there. Vine Deloria, Jr. Indian rights advocate and former Executive Director of the National Congress of American Indians, 1969. Custer Died For your Sins pp. 30-31
Hucksterism and land theft have gone hand in hand in American history. The tragedy of the past is that it set precedents for land theft today when there is no longer any real need to steal such vast areas. But more damage is being done to Indian people today by the United States government than was done in the last century. Water rights are being trampled on. Land is being condemned for irrigation and reclamation projects. Indian rights are being ground into the dirt it is fairly easy to trace the principal factors leading to the great land steals. The ideological basis for taking Indian land was pronounced by the Christian churches shortly after the discovery of the New World, when the doctrine of discovery was announced. Discovery negated the rights of the Indian tribes to sovereignty and equality among the nations of the world. It took away their title to their land and gave them the right only to sell And they had to sell it to the European nation that had discovered their land. Consequently the European nation-whether England, France, Spain, or Holland-that claimed to have discovered a piece of land had the right to that land regardless of the people living there at the time. This was the doctrine of the Western world which was applied to the New World and endorsed as the will of God by the Christian churches of Western Europe. As early as 1496 the King of England, head of the English church, commissioned John Cabot to discover countries then Unknown to Christian peoples and to take possession of them in the name of the English king. In Cabot's commission was the provision that should any prior Christian title to the land be discovered it should be recognized. Christianity thus endorsed and advocated the rape of the North American continent, and her representatives have done their utmost to contribute to this process ever since. After the Revolution the new United States adopted the doctrine of discovery and continued the process of land acquisition. The official white attitude toward Indian lands was that discovery gave the United States exclusive right to extinguish Indian title of occupancy either by purchase or conquest. It turned out that the United States acquired the land neither by purchase nor by conquest, but by a more sophisticated technique known as trusteeship. Accordingly few tribes were defeated in war by the United States, but most sold some land and allowed the United to hold the remainder in trust for them. In turn, the tribes acknowledged the sovereignty of the United States in preference to other possible sovereigns, such as England, France, and Spain. From the humble beginning the federal government stole some two billion acres of land and continues to take what it can without arousing the ire of the ignorant public. This fight for land has caused much bitterness against the white man. It is this blatant violation of the treaties that creates such frustration among the Indian people. Many wonder exactly what their rights are, for no matter where they turn treaties are disregarded and laws are used to deprive them of what little land remains to them.

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Colonialism
In the beginning the Native Americans helped us become a Nation, and we returned the favor by destroying all of theirs. Vine Deloria, Jr. Indian rights advocate and former Executive Director of the National Congress of American Indians, 1969. Custer Died For your Sins p. 35
Then Indian people remember how weak and helpless the United States once was, how much it needed the good graces of the tribes for its very existence, how the tribes shepherded the ignorant colonists through drought and blizzard, kept them alive, helped them grow-they burn with resentment at the treatment they have since received from the United States government. It is as if a man had invited a helpless person to his home, fed and clothed him until he was strong and able to care for himself, only to have the person he had nursed wreak incredible havoc on the entire household. And all this destruction in the name of help. It is too much to bear. Treaties were originally viewed as contracts. Many treaties contain the phrase "contracting parties" and specify that each party must agree to the terms of the treaty for it to be valid. It would have seemed that, if treaties were contracts, the United States was required under the impairment of contracts or due process clause to protect the rights of the Indian tribes. Or at least it so seemed to the Cherokees, Choctaws, and other tribes who continually went to court to establish their property rights. But, although on one occasion, New Jersey was not allowed to break a contract with a band of the Delawares, the federal government has not traditionally recognized treaties as contracts. So tribes had no recourse in the federal courts although many treaties had provided that the tribes should have rights and that the United States should stand behind the treaty provisions as guarantor. Often when discussing treaty rights with whites, Indians find themselves being told that "We gave you the land and you haven't done anything with it." Or some commentator, opposed to the welfare state remarks, "We gave the Indians a small piece of land and then put them on the dole and they are unable to take care of themselves." The truth is that practically the only thing the white men ever gave the Indian was disease and poverty. To imply that gave the Indian was disease and poverty. To imply that Indians were given land is to completely reverse the facts of history.

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Colonialism
The United States Government has yet to keep a promise to the Native American people other to keep them on reservations. They have made them the poorest people in the nation, and destroyed their nations Vine Deloria, Jr. Indian rights advocate and former Executive Director of the National Congress of American Indians, 1969. Custer Died For your Sins pp. 48-50
Hundreds of treaties guaranteeing the tribes free and undisturbed use of their remaining lands. Some of the treaties had been assured by the missionaries. The Indians had not, however, been given lifetime guarantees. Perhaps the only bright spot in all of Indian-Congressional relations came at the beginning of the New Deal. Backed by a sympathetic President and drawn up by scholar John Collier probably the greatest of all Indian commissioners-the Indian Reorganization Act was passed in 1934. This act, known popularly as the Wheeler-Howard Act, provided for self-government of the reservations by the Indian residents. Written into the law was a prohibition on further allotment of Indian lands and provisions for land consolidation programs to be undertaken by the tribal councils in order to rebuild an adequate land base. In many cases the Indian Bureau was authorized to buy land for landless Indians and to organize them as recognized tribal groups eligible for governmental services. Programs for rehabilitation were begun, Indians were given preference in hiring within the Bureau of Indian Affairs, and a revolving loan fund for economic development was created. Overall the IRA was a comprehensive piece of legislation which went far beyond previous efforts to develop tribal initiative and responsibility, but one provision was unfortunate. Once having voted down the acceptance of the provisions of the act, a reservation was forbidden from considering it again. Unfortunately, Indian tribes were given only a short ten years under this act to bring themselves to an economic and social standard equal with their white neighbors. Following World War II the Congressional policy toward Indian self-government was to change radically. But that story deserves a special chapter in this book. In looking back at the centuries of broken treaties, it is clear that the United States never intended to keep any of its promises. Like other areas of life, the federal government adapted its policies to the expediency of the moment. When the crisis had passed, it promptly proceeded on its way without a backward glance at its treachery. Indian people have become extremely wary of promises made by the federal government. The past has shown them that even the most innocent-looking proposal is often fraught with implications the sum total of which is loss of land. Too often the attitude of the white man was, "Tell the Indians anything to keep them quiet. After they are settled down we can do what we want to do." Alvin Josephy brings this attitude out magnificently in his book The Nez Perce Indians and the Opening of the Northwest. "What," people often ask, "did you expect to happen? After all, the continent had to be settled, didn't it?" We always reply, "Did it?" And continue, "If it did, did it have to be settled in that way?" For if you consider it, the continent is now settled and yet uninhabitable in many places today. There were many avenues open for the government besides wholesale theft. In Canada, for example, there are Indian reservations in every province. Indians have not had their basic governmental forms disturbed. They still operate with chiefs and general councils. Nor were they forced to remove themselves whenever and wherever the white man came. Nor did they have their lands allotted and then stolen piece by piece from under them. It would have been fairly simple for the federal government to have provided a special legal status whereby Indian rights would have vested while keeping their original sovereignty and entitlements of self-government. There was no need for the government to abruptly change from treaty negotiations to a pro- gram of cultural destruction, as it did in 1819 with its Indian assimilation bill. And when the Five Civilized Tribes had adapted to a semi-white political structure the government could have supported the great experiment of the Cherokees instead of removing them to Oklahoma.

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Colonialism
We need to build a New trusteeship between the U.S. government and Native Americans to reconcile past grievances, for they still have no reason to trust us. We must use this as the first step in the long line of reconciliations to making a better future for all of us. Vine Deloria, Jr. Indian rights advocate and former Executive Director of the National Congress of American Indians, 1969. Custer Died For your Sins pp. 50-51
The betrayal of treaty promises has in this generation created a greater feeling of unity among Indian people than any other subject. There is not a Single tribe that does not burn with resentment over the treatment it has received at the hands of an avowedly Christian nation. New incidents involving treaty rights daily remind Indian people that they were betrayed by a government which insists on keeping up the facade of maintaining its commitments in Vietnam. The complicity of the churches too is just beginning to be recognized. After several hundred years of behind-the-scenes machinations, the attempt of the churches to appear relevant to the social needs of the 196O'S is regarded as utter hypocrisy by many Indian people. If, they argue, the churches actually wanted justice, why haven't they said or done anything about Indian rights? Why do they continue to appear in bib-overalls at the Poor People's March? Why do they wait until a problem is nearly solved and then piously proclaim from the pulpits that they have discovered that the movement is really God's will? Even today Indian rights are stuck in a legalistic limbo from which there is apparently no escape. When a tribe tries to get its rights defined it is politely shunted aside. Some tribes have gone to the Supreme Court to seek relief against the United States by claiming a violation of their rights as wards. They have been told in return that they are not wards but "dependent domestic nations:' And when other tribes have sought relief claiming that they are dependent domestic nations, they have been told they are "wards of the government." Under the laws and courts of the present there is no way for Indian people to get the federal government to admit they have rights. The executive branch of the government crudely uses Indian lands as pawns in the great race to provide pork-barrel agencies with sufficient dam-building projects to keep them busy. Until America begins to build a moral record in her dealings with the Indian people she should not try to fool the rest of the world about her intentions on other continents. America has always been a militantly imperialistic world power eagerly grasping for economic control over weaker nations. The Indian wars of the past should rightly be regarded as the first foreign wars of American history. As the United States marched across this continent, it was creating an empire by wars of foreign conquest just as England and France were doing in India and Africa. Certainly the war with Mexico was imperialistic, no more or less than the wars against the Sioux, Apache, Utes, and Yakimas. In every case the goal was identical: land. When the frontier was declared officially closed in 1880 it was only a short time before American imperialistic impulses. Drove this country into the Spanish-American War and the acquisition of America's Pacific island empire began. The tendency to continue imperialistic trends remained constant between the two world wars as this nation was involved in numerous banana wars in Central and South America. There has not been a time since the founding of the republic when the motives of this country were innocent. Is it any wonder that other nations are extremely skeptical about its real motives? In the world today? When one considers American history in its imperialistic light, it becomes apparent that if morality is to be achieved in this country's relations with other nations a return to basic principles is in order. Definite commitments to fulfill extant treaty obligations to Indian tribes would be the first step toward introducing morality into American foreign policy. Many things can immediately be done to begin to make amends for past transgressions. Passage of federal legislation acknowledging the rights of the Indian people as contained in the treaties can make the hunting and fishing rights of the Indians a realty.

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Colonialism
We don’t consider Native American as people with legitimate needs, and demands. However instead we view them as objects that live on resource filled land, which we can use for our own benefit. Ward Churchill, Coordinator of the Colorado chapter of the American Indian Movement, former professor of professor of ethnic studies at the University of Colorado at Boulder. 1993, Struggle for the Land (Indigenous Resistance to Genocide Ecocide and exportation in contemporary North America. pp. 270-271
Navajo Ranchers Association around Crownpoint, seeking to prevent what had Occurred at Church Rock from happening to them, filed suit in federal court in 1978 to block Mobil Oil from launching a pilot uranium project in the Dalton Pass area, the judge ruled that the corporation's activities would have "insufficient impact" to necessitate so much as an environmental impact study." In 1979, he refused to allow the plaintiffs to cancel Mobil's leases to their land, which the BIA had approved over their objections.'" When the Dine plaintiffs argued in 1980 that their pastoral way of life would be destroyed by the plans of Mobil, Gulf, Kerr-McGee, Exxon and a dozen other energy corporations which had by then queued up to mine uranium near Dalton Pass, the judge responded that he couldn’t understand why they'd want to continue it anyway given the 'opportunity" for them to become miners and millers." Such thinking was upheld by the Ninth U.S. Circuit Court of Appeals, and this matter, too, was eventually 'settled" on terms entirely acceptable to the corporations. Things are no better with regard to cleanup. Despite passage of the much-touted Uranium Mine Tailings Radiation Control Act in 1978," the first attempt to address the question of radioactive wastes on Navajo land-tailings abandoned around the Foote Mineral Company mill near Shiprock in 1968-was not completed until 1986. This project was finished in such 'timely" fashion only because Harold Tso, head of the Navajo Environmental Protection Administration, had himself convinced the tribal government to begin expending royalty monies on the effort as early as 1973." The next three such operations at Navajoclearing tailings piles at long-abandoned mill sites in Monument Valley and Tuba City, Arizona (Rare Metals Corporation), and Mexican Hat, Utah (Texas Zink Corporation)-are all under exclusive federal control. Scheduled for completion in late 1991, none were finished by the summer of 1992. Virtually nothing has been done with mill tailings around Church Rock, or at several other comparable locations on the reservation." Nor is this the end of it. A 1983 study by the federal Environmental Protection Agency (EPA) concluded there were nearly 1,000 additional "significant" nuclear waste sites surrounding the proliferation of abandoned mines, large and small, scattered about Dine territory. Cleanup of these locations was/is not required by any law, and they were designated by the EPA as "too remote" to be of "sufficient national concern” to warrant the expense of attempting their rehabilitation." And so they remain, from White Mesa in the east to Tuba City in the west, hundreds upon hundreds of radioactive "sand piles," still played on by Dine youngsters and swept by the wind across the land'" Such is the fate of the largest indigenous nation-in terms of both land base and population-in the United States.

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Self-Determination
Tribal Sovereignty is on the forefront of energy policy in order to preserve their heritage. Gary C. Bryner, Research Associate, Natural Resources Law Center, University of Colorado School of Law, and Professor, Public Policy Program, Brigham Young University, Spring 2002, University of Colorado Law Review,
http://www.lexisnexis.com/us/lnacademic/returnTo.do?returnToKey=20_T4168877713 Many energy resources are located on tribal lands, and the conflicts therefore include issues of tribal sovereignty. In some cases, tribes welcome the opportunity for harvesting resources on lands that have seen little economic development. In other cases, development clashes with preservation values and subsistence fishing and farming. The Badger-Two Medicine area within the Lewis and Clark National Forest has been proposed for recognition as a historic site with the National Register of Historic Places because it is a renowned Indian cultural retreat. n354 It is also, however, a potential site for oil and gas exploration. [*407] It is the only remaining area where the Blackfeet Tribe members are able to hunt, fish, and log timber. n355 The Forest Service estimates that the odds of finding oil and gas is less than one-half of one percent, but Ocean Energy, a Houston-based company, has acquired leases in the area from the Chevron Corporation. n356 Some tribal members argue that the land was never sold by the tribe, but only leased to the federal government for fifty years in 1895. n357 In Weatherman Draw/Valley of the Chiefs, a 4,200-acre parcel south of Billings, Montana, ten native tribes claim the area as a sacred land and home to ancient art. The tribes, along with the Sierra Club and the National Trust for Historic Preservation, have opposed development, and successfully worked with the BLM to designate it as one of the agency's Areas of Critical Environmental Concern in 1999. n358 For the past seven years, Anschutz Exploration, a Denver energy company, has sought permission from the BLM to explore for oil, arguing that there may be as many as ten million barrels to be harvested. n359 In February 2001, the BLM office in Billings approved one exploratory well. n360 Blackfeet tribal members have proposed allowing Anschutz to drill on the tribe's reservation in northwest Montana, which they believe contains about two billion barrels of oil reserves, in exchange for the company giving up its permit to drill in the Valley of the Chiefs. n361 Not only does energy policy need to provide for environmental preservation and resource development, but it must also ensure that tribal sovereignty and authority over tribal lands and resources is secured.

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Self-Determination
Sovereignty is the linchpin of Native American Culture Troy R. Johnson, professor of American Indian Studies and U.S. History at California State University, Long Beach, 1999, Introduction of Contemporary Native American Studies p. 7-8
As Native people and Indian Nations prepare to move into the twenty-first century, no issues are more critical to understanding the challenges to the modern tribal structure and the relationship of Natives to their indigenous heritage than the issues of nationalism and sovereignty. In fact, it can be stated that nationalism and sovereignty are two of the unifying threads that Native American people have retained despite U. S. government assaults upon their very foundations-foundations that are rooted in the U. S. Constitution and reinforced by U. S. Supreme Court cases beginning with the John Marshall Court in Johnson v. McIntosh, 1823 and continuing, although in a diminished state, into the close of the twentieth century. Native nationalism and sovereignty are the linchpins upon which the relationship between the federal government and Native people hinge. In this regard, it should be remembered that the understanding of what constitutes these two concepts has changed over time, and, much to the distress of Native Americans, it has more often changed for the worse than for the better. It is the terms of these agreements- how they are understood historically, how they are interpreted and defined, what constitutes their parameters and jurisdiction-that directly or indirectly informs every aspect of Native polities to the present day. One needs only to review the various federal government policies toward Indian people to see great vacillation in approaches to the recognition or whittling away of the concepts of nationalism and sovereignty: the formative years (1789-1871), allotments and assimilation (1871-1928), the period of Indian reorganization (1928-1945), the termination period (1945-1961), and the era of self-determination (1961present.) Each period represents a shift in the U.S. government's historical, cultural, and political understanding of Indian Nations and Indian people. Indian people have been proactive from the time of first European contact in an effort to comprehend and adjust to the non-Indian, Western governing process. Because of the federal governments constantly changing approach, the results have been, at best, frustration, and, at worse, a loss of traditional homelands and an imposed cultural crisis forced upon the indigenous people. The ability of Native Americans to empower their communities and successfully address the spectrum of political issues raised in this volume depends on the recognition of sovereignty and the attainment of the means for integrated self-governance. In their contributions to this section, Ward Churchill and Arif Dirlik discuss the bases of past and future claims to sovereignty and provide hemispheric perspectives on struggles for self-determination by indigenous peoples.

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Self-Determination
The United States has historically failed to recognize the sovereignty of Native Americans. Troy R. Johnson, professor of American Indian Studies and U.S. History at California State University, Long Beach, 1999, Introduction of Contemporary Native American Studies p. 8-9
Native Americans struggle for their national sovereignty with a dominant U.S. government that constantly imposes the subordinate status of tribes. Because of this relationship of subordination and dependency, Native polities largely take place on local levels and under the auspices of the Bureau of Indian Affairs (BIA), an internal branch of the federal government created specifically to address the "Indian Problem." However, as the Native peoples assert the centrality of national sovereignty, Native American politics become, really, a matter of international politics. Because U.s. treaties have recognized (in theory, if not in practice) the independent nationhood of tribes, Native people can make strategic use of international law. Despite the fact that United States courts have ruled tribes subordinate rather than equal nations, Native Americans have taken some initiatives in supranational arenas to gain voice and gamer support, and to use the ideological and political resources of international organizations and movements. In this context, claims can be brought to a third party in opposition to U.s. policy that would not be actionable under the jurisdiction of domestic courts. The United Nations (U.N.) has provided the most visible institutional setting for international collaboration among indigenous groups, and many more regional coalitions have been fanned as well. One of the major goals of this alliance building is to influence the development of universally recognized legal standards that govern conduct between sovereign nations and monitor human rights "Within national boundaries. International bodies may apply a degree of pressure on powerful nations such as the United States that American Indian tribes alone would be unable to leverage. Clearly, while indigenous groups may derive great benefits from political action in international arenas, such alliances must also negotiate the large-scale economic and ideological interests of powerful nations with complex agendas. Thus, the terms on which international policy is developed, its underlying motivations and power relations, and the specific contexts of its implementation, must be rigorously examined if Native Americans are to develop successful strategies. In this section, Stephen Quesenberry examines recent U.N. initiatives concerning indigenous and human rights, and advocates Native Americans' active engagement in international politics. Fae L. Korsmo, through a case study of the Gitksan and Wet'suwet'en in British Columbia, examines the interface between indigenous groups and national and international governmental bodies. Specifically, international politics requires a universalization of concepts and terms according to which standards and legislation are developed, and of crucial concern for the assertion of indigenous rights is the form in which testimony for these purposes is considered legitimate. For example, the status and admissibility of oral history into courts is a source of great debate. In this respect, indigenous groups around the world stand to gain a great deal from sharing experiences of, and strategies for, engaging in political struggles and asserting their voices and rights.

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Self-Determination
Empirically failure to support self-determination rights leads to global instability. Eric Kolodner, currently completing a joint degree at New York University School of Law and Princeton University's Woodrow Wilson School, Fall 1994, Connecticut Journal of International Law, 10 Conn. J. Int'l L. 153
The refusal to recognize self-determination movements can also produce severe international ramifications. The current conflict in Kashmir demonstrates how a previous denial of a people's right to selfdetermination can foment the conflicts of the present and ensure the uncertainty of the future. In 1947, Great Britain decided to partition its South Asian colony into two independent countries: Hindu India and Muslim Pakistan. 32 The ruling prince of Kashmir (a northern state in British India) was granted the option of merging with India or Pakistan, or declaring an independent state. 33 This Hindu prince chose independence for his predominantly Muslim kingdom. 34 A Pakistani-sponsored revolt in Kashmir, however, derailed the prince's plans, and he was forced to ask for Indian military aid in exchange for Kashmir's accession to this new Hindu state. 35 A U.N.-mediated cease-fire divided Kashmir between Pakistan and India, and a U.N. resolution called for a plebiscite in which Kashmiris could opt for union with India or Pakistan. 36 The plebiscite was never held, and India formally annexed Kashmir in 1957. 37 For the past thirty-five years, Kashmir has been a source of conflict between India and Pakistan, with dozens of guerrilla organizations engaged in fighting. 38 The past few years have witnessed intensified vio- lence [*159] with over 3000 deaths in 1990 alone. 39 If the U.N. had permitted the Kashmiris to exercise their right to self-determination through the plebiscite it promised, this current conflict could potentially have been mitigated or even averted. The serious consequences of the international community's refusal to support self-determination movements are also evident in the former Yugoslavia and Somalia. The failure to promptly address self-determination claims in these two territories contributed to the conflict in which they are now embroiled. 40 "A failure to respond more quickly, directly, and comprehensively to self-determination claims in the future will cause more such needless tragedy . . . ultimately with profound consequences for U.S. interests and American ideals.

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Self-Determination
The right to self determine does not implicate secession. Only by allowing self determination rights can we prevent secession and global instability. Eric Kolodner, currently completing a joint degree at New York University School of Law and Princeton University's Woodrow Wilson School, Fall 1994, Connecticut Journal of International Law, 10 Conn. J. Int'l L. 153
The international community has historically focused only upon the external aspect of self-determination. Similarly, observers who assert the need to curtail contemporary self determination movements often possess this limited conception of selfdetermination, and furthermore, they erroneously render external self-determination virtually coterminous with the right to secession. 44 Justified concerns exist that granting the right to secede in today's world would effectuate an incessant cycle of demands for external self [*160] determination where alleged peoples within peoples within peoples would petition for their right to independence from a multi-ethnic State. 45 The ensuing international system would be highly fragmented, politically unstable, incapable of addressing global problems, and economically unfit to provide the necessities of life to many of the world's inhabitants. 46 The international community should, therefore, continue to maintain that an unfettered right to secede simply does not exist. 47 The external right to self-determination, however, does not necessarily implicate secession. A legitimate exercise of external self-determination, for example, can also result in a situation where a people becomes loosely federated with another independent State; runs its own domestic affairs while relinquishing control of its foreign relations to another State; or entirely merges with an existing nation. 48 For example, in 1965, the territory of Ifnii chose to incorporate with Morocco; and in 1975, the Mariana Islands chose to become freely associated with the United States. 49 Although external self-determination does not necessarily implicate secession, it is undeniable that the exercise of this right will sometimes send tremors through the domestic or international order. However, this risk of increased tension should not persuade the international community to categorically reject movements for external self-determination. There currently exist and will exist situations in which a people possesses a legitimate claim to external selfdetermination and where its interests and rights cannot be protected unless it is granted external self-determination -even if this involves the establishment of a new independent state. Such peoples potentially include the East Timorese in Indonesia, the Palestinians in the Occupied Territories, and the Tibetans living under the Chinese government.

Self-Determination
The rights of indigenous peoples, though paramount, will never amount to much without reconceptualizing industrial energy usage.
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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 experience in the United States also provides numerous examples of tribes that have suffered severe cultural and social disruption because of the decimation of wildlife populations and other profound changes in the natural environment caused by the dominant society. Part III suggests that the international recognition of rights will be a hollow success for indigenous peoples unless the industrialized societies also achieve a transition from environmentally destructive to environmentally sustainable development. In particular, Part III focuses on energy consumption both in the industrialized societies and in the less developed countries. This Article focuses on energy for one significant reason. In many parts of today's world, the kinds of environmental damage that threaten the survival of indigenous peoples are driven by the ways in which the economic engines of the industrialized and industrializing countries consume energy. Over the past two decades, we have learned new ways to provide the kinds of services and benefits [*676] that in the past we provided by consuming nonrenewable energy resources. These new ways render the environmental destruction and pollution of the old ways both unnecessary and unjustifiable. Part III presents an overview of the alternative energy development scenario, sometimes called the "soft energy path," which is based on energy efficiency and environmentally sustainable solar and other renewable energy technologies. Taking soft energy paths will not in itself solve the global environmental crisis, but it is an essential part of the solution.

Self-Determination
Native Americans are the crusaders against the destruction of nature, engaging the green movement spiritually. Dean B. Suagee, attorney, 1992, SELF-DETERMINATION FOR INDIGENOUS PEOPLES AT THE DAWN OF THE SOLAR
AGE, University of Michigan Law Review, 41

Natives Aff DDI 2008 BQ Cory, Lauren, Phillip, Sam, Steve
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 global environmental crisis is real -- unless we make some fundamental changes in the ways that our global economy extracts resources from the earth and gives off pollution and wastes, the natural systems that support human societies will collapse. n6 Even if we do succeed in expeditiously making the fundamental changes that are necessary, there still is no guarantee that we can avoid the widespread collapse of ecosystems. n7 In his bestselling book on the global environmental crisis, Senator Albert Gore includes some indigenous peoples [*677] among examples of "resistance fighters" who are on "the front lines of the war against nature now raging throughout the world," n8 Senator Gore argues that the global environmental crisis is "rooted in the dysfunctional pattern of our civilization's relationship to the natural world," n9 in which people have lost their sense of connection to the natural world. He believes that healing the damage we have done to the earth and changing our dysfunctional civilization into one that is based on stewardship rather than exploitation must be, in essence, spiritual endeavors. n10 Indigenous peoples, where their cultures remain substantially intact, have not lost their spiritual connections to the natural world. Rather, they maintain connections to the natural world. Rather, they maintain connections to the earth which are fundamentally sacred in nature, and they know a great deal about stewardship that could be of benefit to the rest of humankind. n11 Over the next several decades, sustainable energy technologies will figure prominently in a worldwide social movement -the "sustainability revolution" -- that will change human life on earth as profoundly as did the agricultural revolution of eight thousand years ago or the industrial revolution of two hundred years ago. n12 The natural world will be changed profoundly in any event, through global warming, the loss of biodiversity, the thinning of the ozone layer, and other global trends that are already underway. If humankind is to accomplish the sustainability revolution, we need to be able to envision a future world in which we would like to live and which we would wish for future generations. n13 Our collective vision of a sustainable future also must include room for the remaining indigenous peoples of the world to carry on their ancient cultures and to decide for themselves how much of the "modern" world to allow into their cultures.

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Self-Determination
Self-determination isn’t black and white, it’s about seeking a perpetual condition of freedom. 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 controversy over the right to self-determination, many observers, both those representing states and those representing indigenous peoples, have framed the right as all or nothing, one which indigenous peoples either have or do not have. n81 Under this view, if indigenous peoples do have the right to self-determination, it implies that they have an absolute right to choose political independence and to be recognized by the international community as an independent state. As could be guessed, existing states oppose indigenous peoples having such a right and have argued that indigenous peoples are not "peoples" as the term is used in the International Human Rights Covenants. n82 Characterizing the right to self-determination in such an absolute way may be counterproductive because doing so gets in the way of fashioning real-world arrangements to ensure the survival of indigenous peoples. Most indigenous peoples do not seek recognition as independent states, n83 but rather seek to establish relationships with states that will provide autonomy within their traditional territories. n84 Professor Hannum stresses that self-determination has both an external aspect, the right to choose to be recognized as an independent state, and an internal aspect, the right of autonomous selfgovernment; he suggests that internal self-determination is much more important for ensuring that indigenous peoples have control over their own lives and the survival of their cultures. n85 Many indigenous peoples need protection against private persons (individuals and corporations) who intrude into their territories and against attempts by subnational levels of government to [*693] assert jurisdiction within their territories. n86 Many, perhaps most, indigenous peoples would forswear freely any claims to external sovereignty in exchange for enforceable promises that states would provide protection against such threats (although indigenous peoples will be wary of such promises until there are enforcement mechanisms under international law). As Professor Anaya says, "The absolutist view of self-determination moreover, misses the principle's essential thrust, which is not fundamentally about exercising a one-shot choice for some degree of 'sovereignty' but, rather, is about securing for individuals and groups a political order that promotes a perpetual condition of freedom." n87 In other words, in its quest for external self-determination, the absolutist view neglects internal selfdetermination.

Self-determination is not about taking the land from that which is sovereign over it, but about the decision over natural resources. 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 It seems to me that the debate about self-determination is not really about the threat that indigenous peoples will choose to become independent states. The argument about independence and the territorial integrity of states looks suspiciously like a straw man. n91 Perhaps the argument is really about who has the right to decide what uses of natural resources will be permitted within the territories of indigenous peoples. The overwhelming concern of indigenous peoples is to preserve the integrity of the natural environments on which their ways of life depend. n92 States, transnational corporations, and others see these natural environments as largely unused, and they seek to exploit natural resources without much regard for the use patterns of indigenous peoples. n93 If a state which claims sovereignty over the territory of an indigenous people either seeks itself to exploit the resources of that territory in ways that threaten the survival of the indigenous people, or permits such exploitation, the indigenous people would be likely to choose independence or association with another state. This suggests that whatever the right to "self-determination" means, it must, at the very least, include the right to reject absolutely the exploitation of natural resources in ways that the indigenous peoples determine for themselves threaten their rights to remain distinct self-governing peoples. n94 Perhaps the real reason that states object to selfdetermination is the specter of indigenous peoples having such an absolute right to control their territories, territories which the states see as their own. 43

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

Self-Determination
In order to end cultural genocide, it is necessary to make known the value of indigenous cultures. 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 Under the Working Group's definition, cultural genocide has taken place all over the world, even recently in the United States. For instance, the United States' "termination" policy of the 1950s [*697] and early 1960s clearly fits the concept. n102 Racial prejudice and notions of racial superiority provide the rationalizations for cultural genocide. n103 Despite the human rights norm inherent in the Genocide Convention that all cultural groupings have the right to exist, n104 the destruction of indigenous peoples continues, in part because of the notion that indigenous ways of life are somehow inferior to those of modern industrialized societies. Those who seek to defend the rights of indigenous peoples must work to make this notion simply untenable. Indigenous peoples believe that their right to survive and to control their own territories should be respected not only because they are entitled to basic human rights but also because they have some values and wisdom to share with the other peoples of the Earth. To put an end to the destruction of indigenous peoples, indigenous rights advocates must help the rest of the world to see that there is real value in what indigenous peoples have to offer, especially in their spiritual relationships with the Earth and with nonhuman living things. Those who would defend the human rights of indigenous peoples can draw many lessons from the long history of the relations between the United States and the indigenous tribes and nations of North America. Although the autonomy possessed by Indian tribes in the United States is less than ideal, tribes do exercise a broad range of governmental powers, and the simple fact that more than 500 federally recognized tribes continue to exist in the United States n105 suggests that positive as well as negative lessons may be drawn. Two of the most important lessons are: (1) forced assimilation does not work and (2) local autonomy and self-government can work. In my view, these two lessons are fundamental for the survival of indigenous peoples throughout [*698] the world. n106 The next part of this Article examines tribal autonomy in the United States in some detail, with an emphasis on tribal authority for protection of the environment and the preservation of tribal cultures.

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

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Self-Determination
Consumers being eco-conscious coupled with technological advances and tax credits have lead to amazing wind energy production. Brit T. Brown and Benjamin A. Escobar, respectively attorney and chemical engineer, 2007, Energy Bar Association, Wind
Power: Generating Electricity and Lawsuits, http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh20.896904.6850326094&target=results_DocumentContent&reloadEntirePage=true&rand=1216168576418&returnToKey=20_T4168 990931&parent=docview#n1 For these and other reasons, wind energy is the fastest growing source of electricity worldwide. According to the American Wind Energy Association [*491] (AWEA), wind generating capacity increased by 27% in 2006, with similar increases expected in 2007. n6 In the United States, more than 11,600 megawatts of wind generating capacity are already installed, which is roughly enough to power 2.9 million homes. Put another way, it would take approximately forty million barrels of oil per year to generate the same volume of electricity. This impressive growth has been made possible by consumers' willingness to pay slightly higher energy rates for green energy, state and federal subsidies in the form of tax credits and otherwise, and technological advances that have enhanced the design of wind turbines, thereby making wind-generated electricity increasingly cost competitive with electricity generated from fossil fuels.

45

Natives Aff DDI 2008 BQ Cory, Lauren, Phillip, Sam, Steve Wind energy is the most cost effective option. 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. 6-8
Wind energy is currently the most cost-effective renewable resource being developed. Because of dramatic improvements in the technology, the levelized cost of energy generated using wind turbines has dropped from more than $1.00 per kWhr in 1978 to less than 10 cents\kWhr in 1988.16 Generally, installed capital costs of wind capacity are between $900 and $1,000 per kW, with annual operation and maintenance costs of about 1 cent\kWhr. On a levelized basis, the cost of energy from wind farms located at Class IV sites or better is 5-7 cents\kWhr. The U.s. Department of Energy has projected that the capital costs for wind could fall to approximately $750 per kW by the year 200017 with wind energy costs in the range of 3-6 cents/kWhr. While the costs for various solar energy technologies have dropped considerably in recent years, these technologies, particularly photovoltaics, remain fairly expensive relative to many other electric resources, including wind, geothermal and conventional resources such as coal and natural gas. Currently, photovoltaic module prices in the United States range from $4,500 to $5,000 per kW.18 Total system costs, which typically include metering, labor and interconnection charges, range from $6,000 to as high as $20,0Cl0 per kW. Levelized costs for energy generated using photovoltaics range from 20 cents\kWhr to as high as 60 cents\kWhr. In spite of these relatively high costs, photovoltaic technologies have already proven to be very cost-effective for distributed generation and remote applications, because relatively expensive transmission line extensions can be avoided.. There is also substantial support and commitment among energy industry stakeholders, including Enron, the Electric Power Research Institute and technology vendors, to promote solar technologies in a variety of settings. These dynamics should continue to drive capital costs downward. Estimating the costs of geothermal energy is more difficult because it is highly dependent on site quality, technology choices, the size of the facility, the assumed capacity factor, discount rates and costs for operation and maintenance. There are many possible project design options, which also have a significant impact on the overall cost of geothermal energy. The Department of Energy estimates construction costs for geothermal projects to be as low as $1,800 per kW and as high as $3,000 per kW. Generally, geothermal energy has a levelized cost of approximately 5 cents\kWhr, which is highly competitive with conventional resources. To the extent geothermal projects can be expanded to have higher capacities than presently (e.g., up to 100 to 300 MW), these costs will be even lower.20 Biomass energy (i.e., energy from growing plants such as trees, com, wheat, and cane or from animal, agricultural, municipal, and household wastes) has been developed on a relatively large scale in the United States and technologies and applications have been proven effective. Conventional biomass power plants are similar to coal-fired power plants, which makes the capital costs also similar. The current average cost for biomass is approximately 7 cents\kWhr.21 However, biomass resources are highly variable and unpredictable, making the resulting energy supply somewhat unreliable. Thus, any biomass development initiative would likely require a "firming" power source. Although some of the cost data presented here for various renewable energy resources may seem prohibitive. Indian tribes have abundant renewable resources and unique economic development tools, which may make them more likely developers of these resources than traditional industry organizations. Further, renewable energy offers value to both the power provider and the consumer. When renewables are included as part of a utility's resource mix, the utility can benefit from reduced reserve requirements, elimination/deferral of transmission and distribution costs and dispatchability/remote operation. Customers can benefit from improved environmental quality, access to more diversified services, reduced risk of fluctuations in fuel prices, and potentially lower costs for electricity.22

Solvency

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Solvency
Tax status of Native Americans is not matter or economics or business, it is a matter of equality. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
The argument for a tradable tax credit is, at root, an argument for equity. Legal scholarship has a history of arguments for a federal tax treatment of tribes that allows tribal economies to develop. n23 The moral basis of arguments for an equitable - even favorable - tax treatment of tribes tends to rest on the federal trust responsibility toward tribes established early in U.S. history and articulated by Chief Justice Marshall in Cherokee Nation v. Georgia. n24 Writing of the Tribal Tax Status Act of 1982, legal scholar Robert Williams said "To satisfy the 'moral obligations of the highest responsibility and trust' incumbent upon the United States in its dealings with Indian nations, federal Indian Country development policy must address itself to the structural barriers currently preventing tribal economic and social selfsufficiency." n25 Lack of tribal access to tax credits is one of today's structural barriers. Addressing those barriers will help alleviate the federal concern for tribal economic development expressed by the Federal Reserve Bank of Minneapolis. "On Pine Ridge, Lower Brule and Rosebud reservations," a bank publication found, "roughly half of Indian families are poor." n26 By aligning the tax incentives tribal businesses face with those faced by the rest of the business community, the federal government will meet its goals of energy development, reduced tribal dependency and increased tribal sovereignty. That alignment of incentives can be made a reality by making wind energy tax credits tradable. More broadly, allowing tribes to utilize all tax credits now available only to tax-paying entities will better align the interests of tribal business and U.S. policy, and also will better provide for tribal economic development.

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The tax status of Native Americans removes them from the two criteria necessary for successful wind power business. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
The project owners: Project ownership is the key to the issues discussed in this paper. Only certain owners will find profit in wind farms. These owners must, for financial reasons, meet two criteria. First, they must have easy access to the capital markets. Wind farms are extremely capital intensive. A 30MW n33 wind farm (enough to power, on average, 12,000 homes) such as one proposed for the Rosebud Reservation can cost $ 48 million to build. n34 Modern wind farms are generally in the 100-200MW range, and can represent capital investments of half a billion dollars. n35 Second, the owner must have a large, steady tax liability from non-wind operations that they can offset with the PTC credits. A 30MW wind farm throws off more than $ 1.6 million per year in tax credits for the first ten years of its operation. n36 [*275] The two requirements above - access to capital markets and large tax liability - mean wind farm owners tend to be some of the largest corporations in the world, and that the owners and financiers of projects tend to be one in the same. American investment bank Goldman Sachs, financial giant General Electric and Australian investment bank Babcock & Brown all own or have owned significant wind properties. n37 III. Tax Credits and Tribes However, the two requirements - access to capital markets and large tax liability - also work to wreck the hopes for tribal ownership of wind projects. Tribes, as discussed infra, are non-taxable entities. As such, they cannot use tax credits, and are at a competitive disadvantage compared to taxable owners of wind projects.

Tribal owned wind farms are destined to fail, even compared to corporate owned wind farms on tribal land. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
The importance of tax credits goes beyond the merely theoretical. Tax credits for renewable energy are substantial - one study found the PTC contributes 17% of a wind project's bottom line. n39 Tribes' lack of access to the PTC denies them a huge piece of revenue that taxable entities have access to. Financial data from wind farms is usually confidential, but results of an academic study by Andrew Mills that compared hypothetical tribally owned projects to projects owned by corporations indicate that tribally owned projects give a far worse return on investment than do corporate-owned projects. The tribally owned projects on tribal land also fare worse in how much economic benefit they bring to the tribe as compared to an outside project built on tribal land. The reason for the discrepancy is that tribally owned projects cannot take advantage of federal tax credits for wind energy production. n40 Mills' side-by-side comparisons of a tribally owned wind farm and commercially owned wind farm found the tribal wind farm provides a 2% internal rate of return on investment while the same wind farm, commercially owned, provides a 12% return - the difference lies almost entirely in the tax credits. n41 This difference is so vast that to achieve the same rate of return, a tribe must receive $ 71/MWh for power sales from this hypothetical wind farm as compared to $ 53/MWh for a commercial entity. This 34% premium is too big for tribes to overcome in electricity markets that routinely see wholesale electricity prices average $ 23/MWh - about the same as the $ 18 difference between the $ 71/MWh and $ 53/MWh price points. n42

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Tribes have succeeded in the realm of fossil fuels, but have struggled in wind power due to their taxexempt status. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
Nevertheless, Indian tribes, as opposed to individual Indians, remain tax-free entities. This non-taxability is one of the few bright-line rules in Indian law. "Income tax statutes do not tax Indian tribes. The tribe is not a taxable entity," as the IRS has simply put it. n49 Some corporate forms, if owned by tribes, are also not taxable. n50 This tax-free status has been a boon to some tribes and their subsidiary corporations, allowing them to develop industries free from the burden of [*279] paying out 35% of their income to the government. The Southern Ute Tribe has leveraged natural gas reserves on its land to amass a business empire that holds $ 1.45 billion in assets. n51 Other tribes, such as the Mississippi Choctaw, have done equally well. n52 Unfortunately, in some industries, such as wind power, this tax-free status has proven an insurmountable handicap for tribes.

The Standard Flip Model does not work for Native American wind farm projects. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
One proposal has been for tribal wind projects to use a "flip" model of ownership. In the Standard Flip model, during the first ten years of a project's operation - while the tax credits are in place - a large equity investor owns 99% of the project and the tribe/landowner owns 1%. The equity investor can take the tax credits associated with its share of the project. After the tax credits run out (after ten years), the project is "flipped" (i.e., sold) to the tribe. Over a three- year span, the tribe buys back the project (in an arms-length transaction for fair market value) from the equity investor. After that, the tribe is the 99% owner of the project. n53 This Standard Flip model presents two key problems that seem small to outsiders, but have proven insurmountable in the tribal context. First, the outcome of flips is completely unknown. The wind market is young, and few, if any projects have actually passed the ten-year mark and flipped over. [*280] Therefore, there are no data points to suggest what "fair market value" might be for a ten-year-old wind farm. Tribes, as naturally conservative government entities, are wary of this arrangement. n54 Second, the Standard Flip conflicts with the tribes' desire to own the resource projects on their lands. On the Rosebud reservation, for example, a 30MW wind farm has been proposed for tribal lands, with a Standard Flip model of ownership. n55 However, the tribal council nearly killed the project, expressing strong reservations about outside ownership of the project and the flip model. "Ownership is important to the tribes" said Ken Haukaas, the Rosebud tribal official in charge of implementing the wind project. "They want to own it." n56 Tribal concerns about outside ownership are founded on historical experience; as recently as the 1990s, the Rosebud Sioux tribe became embroiled in a major legal battle with an outside investor who owned a pork production facility on the reservation. n57

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The Minnesota Flip Model has worked, but never outside of Minnesota or for larger projects. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
Alternatively, the tribe could use the "Minnesota Flip". n58 The Minnesota Flip is structured so that the landowner can "own" 1% of a project in a cash flow sense but retain 51% or more voting rights on the projects' control. Ownership then flips to the landowner in the same fashion as the Standard Flip. Such a model could satisfy tribes' desire to retain control of projects, while still allowing the partnerships with taxable investors that make wind projects financially viable. Typical Minnesota Flip projects are small, (1.8MW) n59 which allows outside investors to diversify across a number of projects. They receive extensive state support (from Minnesota's 1.5 /kWh production incentive) n60 that increases their profit margins. Finally, they benefit from high electricity prices in the Minneapolis region. These factors combine to make Minnesota flip projects appealing. However, the Minnesota Flip has never done well outside Minnesota. Without the small project size, state support and high prices, outside investors have not felt comfortable with a model that forces an investor to put up 99% of the capital (to gain 99% of the cash flow) but subjects that taxable partner to the risks associated with minority ownership status. None of these three [*281] factors (small project size, state subsidy and high electricity prices) are present in the Great Plains states or the Southwest - the areas likely to see significant tribal wind development.

Being a landowner is not enough, the profit is in the project ownership. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
Another proposal has been for tribes to take landowner payments for placing wind turbines on their land - becoming a passive partner in wind projects. Unfortunately, landowner payments for a project are tiny compared to the overall profits of a project, and this option would not benefit tribes much. Landowner payments for wind projects cluster around $ 4000 to $ 6000 per turbine per year. n61 However, the return on a large wind turbine can equal $ 270,000 - $ 340,000 per year - over fifty times the landowner payments. n62 Clearly, the money is in owning projects, not in being a landowner.

Subsidized sources of capital have failed for tribes seeking to profit on wind farms. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
Financing tribal wind farms through low-priced bonds also does not work in practice. Recent research has shown the problems tribes encounter in seeking cheap or subsidized sources of capital that would obviate the need to take advantage of the PTC. n63 The most obvious source of this cheap money would be tax-exempt bonds issued by tribal governments. However, taxexempt bonds present two problems. First, tribes have had problems convincing the IRS that tribal projects are part of an "essential government function" as required for tribal tax-exempt bonds. n64 Meeting this standard will be more problematic for large wind farms designed to sell power to off-reservation customers - precisely the kind of wind farm that will make tribes the most money. Second, even if financed with tax-free bonds, tribal projects do worse than PTC-enabled projects in a side-by-side comparison and do not meet standard requirements for return on investment. n65

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Clean or Renewable Energy Bonds have consistently failed to help tribes with renewable energy ventures. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
Clean or Renewable Energy Bonds n66 - a federal attempt to help tribes and other non-taxable entities (such as electric power cooperatives or municipal utilities) overcome the PTC issues - have also failed to work for tribes and do not have the potential to work on a large scale. CREBs bonds give the buyer of the bonds a 1.9 /KWh tax credit, in the hope that nontaxable entities can finance projects by selling CREBs bonds to taxable entities. One group of CREBs bonds has been approved, with apparently only one tribe among the 709 applicants. n67 Reasons for the non-participation are unclear, but may have to do with tribal inexperience with this new financial mechanism - and with bonding in general, n68 due to historic restrictions on tribal bonding authority. n69 Whatever the reasons, CREBs bonds have not appealed to tribes. The more serious problem for wind development is that CREBs bonds are allocated in limited amounts - the national cap was $ 800 million for 2006, and continued funding is dependent on year-by-year congressional approval, making them an uncertain investment vehicle. Also, CREBs bonds are financed through a smallest-to-largest mechanism, whereby the smallest qualifying projects are chosen first, and the largest ones receive funding on an as-available basis. The size requirement tends to favor solar installations over wind farms - in the 2006 CREBs allocation 434 solar projects were funded, as compared to 112 wind projects. n70 Indeed, the largest CREBs-funded project was $ 31 million - hardly enough for a small wind farm - despite applications for projects up to $ 80 million in size. n71

Tradable tax credits are a win-win situation. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
Tradable tax credits would be an ideal solution for all parties - tribes, government and private business. Tribes would gain economic development opportunities; government would be able to further promote the business ventures it is trying to encourage through the tax code and would reduce tribal dependency on federal dollars; private business would be able to partner (and profit) with tribes in developing an important natural resource. Each party would bring something to the table. The tribes would contribute the resources - land, wind and labor. The outside investor would contribute the capital. The federal government would contribute the tax credits. The tribes and the outside investor would be partners, both sharing in the venture's profits. The tribe would take much of the cash flow, while the outside equity investor would take all of the tax credits and, depending on the arrangement, some of the cash flow from the project. The idea of a tradable tax credit is not a new one, nor is it without precedent. A group advocating renewable energy development on Indian lands originally proposed the idea for tribes n72 and the Western Governors' Association has supported it. n73 In Oregon, the state's Business Energy Tax Credits allow renewable energy project owners to trade ("pass through" is the Oregon term) state renewable energy tax credits to taxable entities. Project owners can be non-profit organizations, tribes or public entities that partner with Oregon businesses or residents with an Oregon tax liability. n74

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Tradable tax credits for wind farms are a financial incentive from Congress to Native Americans to increase alternative energy. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
Making tax credits tradable by tribes - and thereby aligning the financial incentives of tribes with the rest of the U.S. business community - promotes the federal goal of guiding economic activity, whether in the wind power industry or in other industries with substantial tax credits. Congress is bent on fostering renewable energy production in the United States. Congress is also bent on fostering tribal energy development. If Congress made the PTC tradable, tribes would face the same tax incentives as the rest of the business community, renewable energy development on tribal lands would increase, and Congress would take a step forward in achieving its goals of tribal and renewable energy development. Tax credits are economic incentives the government provides to promote certain activities. n76 With these incentives, the government is trying to encourage economic activity (such as charitable giving or pollution-free energy production) that the government considers socially beneficial. n77 The government has an interest in promoting those activities targeted for promotion to the fullest extent possible, including in Indian Country.

The PTC is an effective way to merge two important goals of Congress – increase alternative energy and help tribal communities. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
Congress has acted on its goals of increasing renewable energy production by enacting the PTC - Congress has also acted on its goals of increasing tribal energy resource production by enacting parts of the Energy Policy Act of 2005. Congress would like tribal corporations to work toward resource development in the same manner as non-reservation businesses. The 2005 Energy Policy Act articulates Congress' intent to foster energy development on tribal lands. n81 The Senate Committee on Energy and Natural Resources, in its report on the bill, wrote "There are abundant energy resources available for production on Indian lands. Development of those resources must be encouraged." n82 Making the PTC tradable would merge those two goals. Congress should - and, the record indicates, does - want Indian tribes to face the same set of incentives as non-Indian business entities. Both logic and congressional action indicate that the government would want all economic activity within the boundaries of the United States to face the same incentive system, in order to broadly encourage the activities targeted by tax credits. Congress has articulated its goals of energy security and clean energy production. Tribes, given the proper incentives, and a tradable PTC, can help the U.S. meet those goals.

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Tradable tax credits decrease tribal dependency on the federal government. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
Increasing tribal revenues from wind energy production - or any other economic activity that prospers off-reservation in a tax-credit environment and could benefit tribes if tax credits are made tradable - is a good way to meet federal goals of reducing tribal dependence. [*287] The reduction of tribal dependence has been a congressional goal since the nineteenth century. Even during the passage of the Allotment Acts in the late nineteenth century, the twisted logic of the time said that forcing tribal members into farming would push the Indians toward "real and permanent progress." n83 This goal of reduced tribal dependence was first codified in the economic development context nearly 100 years ago - in the Buy Indian Act of 1908. n84 The Act directs the Department of Interior to give preference to Indians as far as is practicable in hiring and procurement. n85 The Buy Indian Act has been expanded over the years. In 1974, it was made to apply to all federal contracts. n86 Congress has been willing to extend the same type of support evinced by the Buy Indian Act to tribal energy programs. For example, in 2001, the full House of Representatives passed the Hayworth amendment to the proposed energy bill adding "energy products and energy by-products" to the categories of materials covered under the Buy Indian Act. n87 That bill, House Bill 4, died in conference committee in 2002. However, the ideas from the Hayworth amendment are incorporated into the Energy Policy Act of 2005 - the Act provides for federal purchases of power generated by Indian tribes. n88 Even outside the energy development or economic development contexts, the Federal Government has made clear through the years that it would like to see the tribes less dependent on direct grants of federal dollars. The Reagan administration advocated reduced tribal dependence in an important policy statement issued in 1983. "It is important to the concept of self-government that tribes reduce their dependence on federal funds by providing a greater percentage of the cost of their self-government," the administration wrote. n89 [*288] Any measures that give the tribes a leg up in the economic development game reduce their economic dependency on the federal government. Wind power development could play a role in this economic development, but only if tribes have access to the PTC. Wind power development would provide the "greater percentage of the cost of [tribal] self government" that the Reagan administration sought and it would push the tribes toward "real and permanent progress".

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Tradable tax credits increase Native American sovereignty. Mark Shahinian, third year law student, Univ. of Mich., 2007, Special Feature: The Tax Man Cometh Not: How The Non-Transferability Of Tax Credits Harms Indian Tribes, American Indian Law Review
Tribal sovereignty may be the number one concern of tribes. Indeed, one prominent legal scholar identifies the right of self-government as the tribes' most valuable reserved right. n90 Historically, tribes have had good reason to fear a loss of sovereignty, n91 and modern jurisprudence has done little to assure them of their long-term status. n92 In narrow terms, allowing tribes to develop and own their own wind generation will give them more control over their resources, thus increasing tribal sovereignty. In broader terms, increased economic self-determination - and specifically the ability of a local population to use and manage resources - is at the heart of many of the concerns about sovereignty around the world, from the debate over free trade n93 to the rapidly developing jurisprudence concerning the efforts of California and northeastern states to impose restrictions on greenhouse gas emissions. n94 Policymakers have thrown strong weight behind the idea that increased development of tribal energy and natural resources leads to increased tribal sovereignty. The Reagan Administration, for example, believed that strengthening tribal governments could be accomplished by resource development. The 1983 policy statement quoted above noted, "[t]his [*289] Administration pledges to assist tribes in strengthening their governments by removing the federal impediments to tribal selfgovernment and tribal resource development." The Reagan administration's philosophy was still prominent in 2005, when Congress passed the Energy Policy Act of 2005. Section 503(a)(1) of the 2005 Act reads, "To assist Indian tribes in the development of energy resources and further the goal of Indian self-determination, the Secretary shall establish and implement an Indian energy resource development program" n95 In the Senate Report on the Energy Policy Act of 2005, the Energy and Natural Resources committee wrote: The Committee believes that the provisions contained in this legislation, especially when combined with the tax provisions to be offered from the Finance Committee, are the genesis for improving the national security of this Nation, enhancing the environment, strengthening self-government for Native American communities, decreasing dependence on foreign sources of energy, aiding the economy, and diversifying the energy base of the country. n96 Note that the Senate Report specifically mentioned the tax provisions to be offered from the Finance Committee. In fact, language in the Act itself indicates that Congress may have wanted to address tribal tax issues at a later date. Section 503 further provides the "Secretary of Energy shall submit to congress a report on the financing requirements of Indian tribes for energy development on Indian land." n97

The concerns of Native Americans vary by tribe, but most shared the desire for economic development through alternative energy. 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.
Through comments associated with the assessments, it was apparent that the particular opportunities available and the barriers facing each tribe’s development of renewable energy were as individual and unique as the tribes themselves. Many of the  tribes were concerned about cultural issues (such as sacred sites), environmental issues (not damming a river), political issues (intra­ and inter­tribal politics and external relations with states), and economics (the cost of energy). In general, tribes were quite

interested in the potential opportunities for economic development offered by developing renewable energy resources, as well as the ability to gain energy independence.  Furthermore, tribes in rural settings were more interested in developing 
renewable resources compared to tribe located in urban settings. 

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Wind energy is readily available within many tribal lands in the West. 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.
It has been established that many tribes in the West are interested in developing their renewable and wind energy resources. The question that naturally arises next concerns the availability of wind resources on Native American lands. Wind energy resource maps from the national wind resource assessment of the United States, created in 1986 for the U.S. Department of Energy by the Pacific Northwest Laboratory, are documented in the Wind Energy Resource Atlas of the United States. (5) Wind maps based on this data and overlaid with tribal boundaries and transmission lines were created by the National Renewable Energy Laboratory to assist tribes in evaluating their potential for wind energy development. Wind resource maps similar to the one shown in Figure 2 are presented for each of the 13 states in the WRAP region in Reference (6) (Arizona, California, Colorado, Idaho, Montana, North Dakota, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington and Wyoming), along with resource maps for solar, biomass and geothermal energy. There are 237 tribes in the WRAP region. Based upon NREL wind energy resource maps, there are about 60 reservations in the WRAP region that have a class-5 wind resource (excellent) or better. Many of these reservations with the wind resource have sufficient land to develop the wind resource, and some are in proximity to existing transmission lines.

The wind energy potential on Tribal Lands is enormous. National Conference on State Legislature, legislature service organization, June 2007, Native American Power,
http://www.ncsl.org/magazine/articles/2007/07SLJune07_Native.pdf Wind and solar energy especially have great potential on tribal lands. The wind energy capacity on tribal lands is approximately 14 percent of the annual U.S. electric generation. The solar energy potential is 4.5 times the annual U.S. electric generation. The two dozen reservations in the northern Great Plains have a combined wind power potential that exceeds 300 gigawatts—half of the current electrical generation in the United States.

Empirically, Native Americans have been able to utilize Alternative Energy technology. National Conference on State Legislature, Legislature service organization, June 2007, Native American Power,
http://www.ncsl.org/magazine/articles/2007/07SLJune07_Native.pdf
New energy projects are popping up all around the country. The Confederated Tribes of Warm Springs in Central Oregon are on their way to becoming a major energy supplier in the Pacific Northwest. The tribes’ own

interest in two large hydroelectric projects and a biomass project that operates on wood waste from the tribes’ lumber mill. Another project in the works is a large biomass plant that will use forest waste to generate renewable electricity for more than 15,000 homes. With funding from the U.S. Department of Energy, Warm Springs also is working on a wind energy assessment, and is studying geothermal resources on the reservation.
There are more examples around the country. A wind turbine powers Four Bears Casino near Ft. Berthoud, N.D. The Mohegan Nation in Uncasville, Conn., tapped the Connecticut Clean Energy Fund to finance two giant fuel cells that use hydrogen and operate like a battery. This cleaner power replaces diesel generators as the source of emergency power for the tribe’s gambling facility. The tribe plans eventually to go off-grid by adding more fuel cells for their main power source as well.

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Many Native Americans live in poverty and alternative energy technology can alleviate some of this. The tribes, however, often do not have the resources to fund the project alone. National Conference on State Legislature, legislature service organization, June 2007, Native American Power,
http://www.ncsl.org/magazine/articles/2007/07SLJune07_Native.pdf One-third of the 2.4 million Native Americans living on or near tribal lands live in poverty. The unemployment rate is double the national average. There are an estimated 18,000 families in the Navajo Nation alone still living without electricity. “Our hope is that if the tribes choose to develop these renewable energy resources,” says DOE’s Pierce, “it could enable local economic development and contribute to additional jobs.” For some tribes, taking on renewable energy projects means helping members pay for, and in some cases acquire, power. If tribes can generate their own power, they can lower utility bills and bring power to more people. Energy projects also provide new jobs, and potential profits translate into additional assets for tribes. In some cases not only do tribes benefit, but so do the areas near the reservation. A handful of tribes supply power to neighboring communities, which can be beneficial for the tribes as well as the surrounding area. Funding for new projects can be a challenge, however. Many tribes have been able to invest their own money, while others have turned to banks, the federal government and other tribes. Since 1992, the Tribal Energy Program at the U.S. Department of Energy has supported tribes with renewable energy and energy efficiency technologies to encourage self-sufficiency, economic development and employment opportunities. So far, the DOE has invested $12.4 million in 76 projects in Indian Country with tribes putting in around $3.3 million.

Despite past atrocities, Native Americans support alternative energy and believe Congress should create a tax incentive to aid in developing these technologies for tribes. National Congress of American Indians, 2008, 2008 Political Platform, http://nativevote.org/documents/NCAI%20Politi
cal%20Platform%202008.doc. WE BELIEVE in the importance of balancing natural resource and economic development with sustainable conservation principles. To help combat climate change and simultaneously develop new economic opportunities, renewable energy sources should be a priority for future energy development. Indian Nations across the country have a vast renewable energy potential, and many of them are leading the way in developing wind, solar, biomass, and geothermal energy sources. Indian tribes have a great capacity to assist in the national energy agenda, and work as partners in developing progressive energy policies. We call upon Congress to adopt legislation that will create a Production Tax Incentive that will allow Indian tribes to develop alternative energy sources in an economically feasible manner. WE BELEVE that the United States, as legal trustee of Indian lands, has a special obligation to assist tribes in the protection, management, and environmentally sound development of their natural resources, including reserved water rights and mineral resources, toward the end of utilizing them to promote the development of sustainable, diversified, self governing economies on Indian reservations. The history of the government’s efforts to make these decisions and to manage these properties unilaterally is replete with scandalous failures, resulting in enormous liabilities for the government, unmitigated environmental disasters, and incalculable financial losses for Indian tribes and resources owners. In its fiduciary capacity, and in accordance with the federal Indian policy of tribal self-determination, the federal government must make available appropriate private sector expertise, where requested, that will be responsive to tribal objectives and cultural values in making decisions regarding resource development on Indian lands.

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Implementing energy efficient programs saves tribes money. Thomas L. Acker, William M. Auberle, John D. Eastwood, David R. LaRoche, Amanda S. Ormond, Robert P.  Slack, and Dean H. Smith,  Associate Professor, Mechanical Engineering, Professor, Civil and Environmental  Engineering, Lecturer in Economics, Program Director, Center for Sustainable Environments, Principal,  The  Ormond Group, Graduate Research Assistant, Mechanical Engineering, and Associate Professor,  Economics  and Applied Indigenous Studies respectively; February 2004, College of Business Administration Northern  Arizona University, http://66.102.1.104/scholar?hl  =en&lr=&client=firefoxa&q=cache:jBniSwlv3c8J:www.franke.nau.edu/Faculty/Intellectual/workingpapers/pdf/ Smith_EnergyEfficiency.pdf+Tribal+Energy+Program
Energy efficiency is maximizing the effective utilization of energy while minimizing the costs of that  energy.  Implementation of energy efficiency (EE) programs by a tribe can have many positive impacts. These include the reduction of energy costs and the associated freeing of significant financial resources for other important  uses, improving  electrical service, increased energy independence, improved air quality, reduction in environmental impacts, and others.  Foremost amongst these benefits may be the potential for reduced energy costs. By employing EE measures, it is easily possible to save 10 percent on energy costs and the potential exists to save in excess of 50 percent. Thus, if a tribe spends  $100,000 annually on energy, it can expect a minimum energy cost savings of  $10,000 annually, and perhaps significantly  more. In 1997, U.S. Indian households spent $757 million on energy  supplies. Thus if only 10 percent of that cost were  eliminated via EE, then $76 million would be available for other  purposes on Indian lands instead of energy. The magnitude of these savings will increase significantly if other energy end-uses such as commercial and government entities are included. Furthermore, EE can go hand­in­hand  with new electrification, providing a cost­effective means to decrease  operating costs while improving the performance of newly electrified homes and other buildings. 

Native America spends a lot for fossil fuels every year. Conversely, their potential for creating alternative energy is huge. 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
The editors at the Business Journal might have been a tad hyperbolic in their assessment, but energy on Indian land is certainly big business. In 2004, some $400 million was split between 41 tribes for the sale of oil, gas, and coal on their lands. According to the Indigenous Environmental Network, 35% of the fossil fuel resources in the US are within Indian country; The Department of the Interior estimates that Indian lands hold undiscovered reserves of almost 54 billion tons of coal, 38 trillion cubic feet of natural gas, and 5.4 billion barrels of oil. Indian lands also contain enormous amounts of alternative energy: “Wind blowing through Indian reservations in just four northern Great Plains states could support almost 200,000 megawatts of wind power,” Winona LaDuke told Indian Country Today in March 2005. “[And] tribal landholdings in the southwestern US…could generate enough power to eradicate all fossil fuel burning power plants in the US.”

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Solvency
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.

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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

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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

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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 offreservation 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. 63

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Solvency
Tradable tax credits rock at life. Mark Shahinian, third year law student, Univ. of Mich., 2007, 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/nativeamericans-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 ceremony479 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 selfdetermination 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 19th century,455 would be overturned, and tribes would once more be presumed to possess nearabsolute 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 19th century was eradication of Indians and the seizure of their land, the motif of the 20th 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 regulation204 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.

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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.

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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.

Traditional West Fails
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Natives Aff DDI 2008 BQ Cory, Lauren, Phillip, Sam, Steve The unwillingness to give Native Americans self-determination is driven by dominant western philosophy, and is devastating to Natives. William Bradford Professor of Law at University of Indiana 05 Another Such Victory And We Are Undone: A Call To An American Indian Declaration Of Independence Pg. 4
Even if federal Indian law was not already structurally incompatible with the selfdetermination16 of Indian nations and ready-made for exploitation by foes of sovereign governments within the external borders of the U.S., its interpretation, guided by the dominant philosophies of Western liberal jurisprudence and modern international legal positivism—the former distrustful of the Indian normative universe and thus bent upon remaking tribes to comport with a secular, individualist model of governance; the latter unwilling to recognize tribes as subjects of law and as bearers of natural legal rights actionable in domestic and international courts—would prove hostile, and perhaps fatal, to territorially-based Indian sovereignty.

The American legal process is entirely incompatible with Native Americans; any attempt to work with the courts will fail, or stop short of secession will fail. William Bradford Professor of Law at University of Indiana 05 Another Such Victory And We Are Undone: A Call To An American Indian Declaration Of Independence Pg. 5
Part I of this Article briefly sketches the ongoing historical process whereby tribal sovereignty, once accorded great deference by the international community, has been incrementally denatured and corroded by federal Indian law. Part II situates Lara within this history and reframes the decision as a Pyrrhic victory for Indian tribal sovereignty. Part III defends the premise that federal Indian law and its interpretation and application in courts of the United States is an irremediably evil legal system utterly inconsistent with contemporary understandings of the natural right to self-determination. Part IV propounds an alternative legal theory, rooted in natural law and partly reflected in the international indigenous rights regime, that substantiates the right of Indian tribes to a quantum of self-determination incompatible with continued political association with the United States. Part V elaborates and defends an American Indian Declaration of Independence as the legitimate expression of the natural legal right of Indian peoples to self-determination and as a rejoinder to Lara and the philosophical and historical foundation upon which it rests. Finally, Part VI examines and rejects alternate proposals for the realization of Indian self-determination that stop short of secession.

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A2: (They Don’t Deserve Help)
JAS theory is one of imperialist conquest, which is inherently biased against Native Americans, and uses their survival of Genocide against them. William Bradford Professor of Law at University of Indiana 3/9/04 Beyond Reparations: An American Indian Theory Of Justice Pg. 36
At its core, JAS theory is a not terribly subtle justification for conquest and forced assimilation. While JAS theorists may consider this characterization as reductionist and reflexively dismissive of the obvious merits of their theory—namely, its pragmatic and utilitarian approach to preserving the interests of the non-Indian majority—stripped of its academic veneer JAS theory is little more than the medieval dogmas once enunciated by conquistadors as justification for their adventures in the Americas. The indispensability thesis central to JAS theory—that formerly Indian lands are indispensable not to Indian survival, as Indians have somehow survived without them, but to non-Indians currently in possession, who would suffer impoverishment and uprooting were they stripped of title—actually marshals the fact that Indians have managed to survive expropriation, genocide, and ethnocide as evidence against their claim: had Indians been extinguished as the consequence of the expropriation of their lands, then and only then would JAS theorists concede that Indian lands were indispensable to Indians, and even then there would be no claimants left for the benefit of whom justice might be done. In other words, Indians have proven that they can do without Indian lands, but non-Indians either cannot or should not have to make the same showing. The only explanations JAS theory offers to support its historical agnosticism and differential treatment are two: (1) that was then, and this is now; and (2) the fundamental precept of Western liberal jurisprudence, that like cases are decided alike, does not apply to Indian claims.

JAS is a racist theory, which foster rationalizes genocide against Native Americans William Bradford Professor of Law at University of Indiana 3/9/04 Beyond Reparations: An American Indian Theory Of Justice Pg. 37
In other words, rather than present a theory of justice, JAS theorists elaborate a rationalization for genocide and ethnocide that suggests to Indians that “our culture is superior to yours, that’s why we won the war, and to the victors go the spoils, so either content yourselves with scraps we throw you savages or better yet shed your anachronistic Indianness and embrace our modern civilization, but either way stop bringing up the past—it poisons our national body politic and scares us nice non-Indian people.” Simply put, JAS, almost absolutely indifferent to the present effects of past injustice, categorically rejects any moral or legal obligations flowing from conquest and genocide In the face of the claim that the theft of Indian land and the murder of Indian people are neutral facts, Indians might conclude that the only path to justice is down the very same road whereby their rights to land and self-determination were taken.

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Modeling
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.

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Modeling
Within the international community, indigenous peoples are fighting for their lives, but are threatened by nations and corporations seeking fuel. We must act to aid in preserving their culture. 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 All over the world, indigenous peoples n16 are fighting for their lives and for their ways of life. n17 Some indigenous peoples have been engaged in these struggles for hundreds of years, while other peoples, because of the remoteness of the environments in which they live, have been spared from such struggles until more recent times. But remoteness no longer ensures protection. The industrialized countries of the world and transnational corporations now have the technological capability to extract oil from the once untouchable Arctic and Amazon, to build massive hydropower dams, to rearrange river systems from the tundra to the tropics, and to clearcut forests virtually anywhere in the world. The governments of the less developed countries also have access to this brutal technological capability. The economies, the cultures, and the religious world views of indigenous peoples are based upon the environments in [*679] which they live. n18 The destruction of these environments renders the survival of these peoples as distinct societies difficult or impossible. Despite the forces that threaten their survival, however, indigenous peoples in many parts of the world somehow have managed to carry on. With a total estimated population of some 200 to 300 million, indigenous peoples constitute about four or five percent of the world's population. n19 Even though indigenous peoples are minority cultures, n20 they rightly insist that we draw a distinction between them and ethnic or national minorities. Generally, the distinction reflects the legacy of the age of colonialism. One definition of the term "indigenous" was proposed by the Special Rapporteur on the Problem of Discrimination against Indigenous Populations, who was appointed under the auspices of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities: Indigenous communities, peoples and nations are those which, having a historical continuity with pre-invasion and precolonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing in those territories, or parts of them. They form at present non-dominant sectors of society and are determined to preserve, develop and transmit to future generations their ancestral territories, [*680] and their ethnic identity, as the basis of their continued existence as peoples, in accordance with their own cultural patterns, social institutions and legal systems. n21 Although no commonly accepted definition of indigenous peoples has yet been fashioned, n22 the Special Rapporteur's definition includes some of the key concepts that fit most cases. Particularly, it includes the concepts that indigenous peoples identify themselves as indigenous, that their ways of life are tied to their ancestral territories, that peoples who are relative newcomers exercise some degree of political domination over them, and that they are determined to remain distinct peoples. Although some of these factors also apply to many ethnic minorities, the cultural connection to ancestral lands generally serves to distinguish indigenous peoples from ethnic minorities. n23 All over the world, indigenous peoples express their connection to their lands and their respect for the environment in spiritual terms. n24 They provide living proof that it is possible [*681] for human societies to provide for their needs over countless generations without destroying the ecosystems on which they depend, and that religious teachings can serve at least as well as science in setting the rules for living in balance with the natural world. Although some indigenous peoples do not face imminent threats to their survival as distinct peoples, many do, and the forces that threaten them are largely beyond their control. To a large extent, the peoples of the industrialized (and industrializing) world have the power to decide whether indigenous peoples will survive. Utilitarian reasons can be advanced for ensuring indigenous peoples' survival. For instance, we can learn from their experience in balancing human needs with environmental preservation and from their knowledge of herbal medicine. To do this, however, we need to take some time to appreciate the subtleties of teachings which have been handed down over countless generations since mythic time. At another level, however, one can argue that we should not be governed by utilitarian thinking alone. We should act instead on principle. Indigenous peoples are part of the human family and we should treat them as such. We should recognize that they are entitled to human rights under international law as a matter of principle.

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Modeling
Renewable energy sources are key to Indigenous rights worldwide. Dean B. Suagee, attorney, 1992, SELF-DETERMINATION FOR INDIGENOUS PEOPLES AT THE DAWN OF THE SOLAR
AGE, University of Michigan Law Review, Lexis Five hundred years after the dawn of the age of colonialism, Mother Earth is in danger, and so are many of the indigenous peoples that somehow have managed to survive as distinct [*748] societies. Indigenous peoples seek recognition of their human rights under international law, and they regard environmental protection as a necessary part of their human rights. In the industrialized countries and the LDCs, many people in the environmental movement have embraced the concept of sustainable development as a necessary part of any long-term strategy to resolve global environmental problems. In any realistic strategy to achieve sustainable development, energy efficiency and community-scale renewable energy systems must be prominently featured. This Article has presented an overview of the emerging international law of the human rights of indigenous peoples and has argued that, for the promise of the international recognition of these rights to be fulfilled, the industrialized countries and the LDCs must choose to take soft energy paths and must make concerted efforts to achieve real progress along these paths. This Article also has suggested some ways in which tribal leaders in the United States could help to expedite the global transition to the solar age. The reasons for choosing soft energy paths are both principled and pragmatic. Indigenous peoples are part of the human family and, by that simple fact, they deserve to be treated with dignity and with respect for their human rights. Aside from principle, and although we may not realize it, the people of the industrialized world and the less developed countries need indigenous peoples to survive as distinct societies. As the people of the world strive for models of development that are sustainable over the long term, we need, as examples, indigenous peoples whose ways of life have proven to be sustainable over countless generations, since the dawn of mythic time. 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.

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Neg

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

JAS(They Don’t Need Reparations)
Although terrible the injustices against native Americans were commit centuries in the past, making reparations a naïve attempt to solve “dead history”. William Bradford Professor of Law at University of Indiana 3/9/04 Beyond Reparations: An American Indian Theory Of Justice Pg. 30
JAS theorists reject as foolishly naïve a “natural way of reasoning” that would require that lands illicitly taken by colonial invaders and passed on to their descendants through the generations be nonetheless returned.275 Although JAS theory recognizes that the historical record has an important place in the development and application of a theory of justice with respect to Indian claims, for JAS theorists the historical injustices suffered by Indian claimants must be weighed against the current injustice that would be inflicted upon innocent owners now in possession of erstwhile Indian lands were those lands stripped away and restored to Indian ownership.276 To sanction a moral understanding that demands restoration of Indian lands would have practical effects, foremost among them the dispossession and impoverishment of non-Indian landowners, an outcome with which JAS theorists are not prepared to abide.277 To avoid this, JAS theorists urge us to reconceive of the historical injustices suffered by Indian tribes and individuals as a “dead history”278 and to accept that Indian claims for redress have been superseded by demographic and ecological transformations279—in other words, while injustice may have been inflicted in centuries past, injustice is perishable, and the accreting rights of non-Indians in Indian land have incrementally extinguished, or at least rendered morally irrelevant, any present claims for its restoration.

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Cash Not Enough
Cash is not enough to heal the wounds left by centuries of injustice against Native Americans. Only by giving rights of self-determination can justice be acquired. William Bradford Professor of Law at University of Indiana 3/9/04 Beyond Reparations: An American Indian Theory Of Justice Pg. 37
However, JAC theory is morphologically similar to reparations, and thus far too quick to assume that cash and Indian land are commensurable327 and far too susceptible to counter-claims that, even if money may in respect to some tribal claims be a roughly adequate remedy, sufficient compensation either has already been paid or will be paid to discharge the obligation to remedy all the past injustices visited upon all Indians. Simply put, money can play at best an indirect part in the satisfaction of the harms of which Indians complain: although a diversity of opinion exists within Indian Country, most Indians desire above all not to be made whole financially but rather to exercise their rights to self-determine and to 324 Although express their unique cultures and religions upon their sacred ancestral lands.328 Only land restoration and legal transformations that permit the (re)development of separate political identities can actualize these fundamental rights and relieve the economic deprivation and emotional pain Indians bear intergenerationally. While cash would improve Indians’ bargaining position in regard to reclamation of lands and reduce their sociopolitical dependency upon the U.S., there is no amount of money that can compel unwilling sellers, public or private, to reconvey formerly Indian lands, and no dollar figure for which tribes would be willing to trade their right to self-govern. Cash, however beneficial to its recipients, cannot restore to Indians the capacity to self-determine on their aboriginal landmass.

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Corps Will Screw
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.

Alligning with native Americans has become a veneer for privatization through no-bid business. 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
The Alaska tribal companies have, according to Scherer, “become a way for large corporations with no Native American ownership to receive no-bid contracts, an avenue for federal officials to steer work to favored companies, and a device for speeding privatization.” Evidence for this assertion abounds. From 2002 through the end of 2004, the Olgoonik Corporation, owned by the Inupiat Eskimo tribe, garnered revenues in excess of $225 million for construction work on US military bases around the world. Because of its tribal status, Olgoonik procured this work without having to bid against others for it. It then subcontracted most of the work to the infamous multinational corporation Halliburton.

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Corps will screw
Empirically, Native based Alternative Energy companies have been used to further pollution covertly. 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
NativeEnergy, which wants to help consumers “enjoy a climate neutral lifestyle,” was founded in 2000 with a mission “to get more wind turbines and other renewable energy systems built.” There were no Native Americans present in the management of NativeEnergy at the time of its founding. The multiphase wind development initiative, which began in earnest with the completion of the first wind turbine in 2003, was billed as a way to bring renewable energy–related jobs and training opportunities to the citizens of this sovereign nation, who are among the poorest in all of North America. NativeEnergy’s President and CEO Tom Boucher is an energy industry vet who formerly worked at Green Mountain Energy, a subsidiary of a company now controlled by oil industry giant BP and Nuon, a Netherlands-based energy company. Boucher was convinced there was profit to be made in alternative energy, and the Rosebud project was his test case. Boucher financed the project by selling, of all things, air. More specifically, he took advantage of the new “flexible emissions standards” created by the Kyoto Protocol. Essentially, the standards created tax-deductible pollution credits (or “green tags”) for ecologically responsible companies, which can then be sold to polluters wishing to “offset” their carbon dioxide generation without actually reducing their emissions.

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Legislation Solves
Recent legislation has removed many of the legal protectors of Native American rights that existed in the past. 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
It’s probably no coincidence that this purchase coincided with that month’s passage of the 2005 Energy Policy Act, which contains native energy–specific provisions in its Title V. Supporters like Tex Hall, president of the National Congress of American Indians, touted the act as “one of the most important tribal pieces of legislation to hit Indian country in the past 20 years. [It] provides real incentives for energy companies to partner with Indian tribes in developing tribal resources.” Keeping in mind that tribal-owned companies are exempt from a great deal of the regulation, oversight, and competitive bidding stipulations that apply to other businesses, and that the legislation increases subsidies for wind energy in particular, the act leaves NativeEnergy ideally situated to exploit its tribal status. But there are a host of alarming provisions in the act. For starters, Section 1813 of Title V gives the US the obviously dangerous power to grant rights of way through Indian lands without permission from Indian tribes, if deemed to be in the strategic interests of an energy-related project. Other critics have derided the act as a fire sale on Indian energy, characterizing various incentives as a broad collection of subsidies for US energy companies, particularly those in Texas. And, according to a 2005 Democracy Now! interview with Clayton Thomas-Muller, Native Energy Organizer for the Indigenous Environmental Network, the act “rolls back the protections of the National Environmental Policy Act and the protections of the National Historic Preservation Act, both of which are critical pieces of legislation that grassroots indigenous peoples utilize to protect our sacred sites.” Most importantly, under the guise of promoting tribal sovereignty (leaving out those aspects of sovereignty that have little or nothing to do with economics), the act also releases the federal government from its traditional trust responsibility to tribes where resource development is concerned. The trust relationship between the US and native tribes has been a crucial way for Native Americans to hold the government legally accountable, as evidenced by the many recent court losses suffered by the Department of the Interior and Treasury during the years-long Indian Trust Case filed by Eloise Cobell on behalf of more than 500,000 Native American landholders. [See “Fighting Long Odds,” November 2003.] The trust relationship was originally imposed on Native Americans in 1887, after the passage of the Dawes Allotment Act. This act was a fairly straightforward (and successful) attempt to break down tribal unity by dispersing parcels of land to individual Indian “heads of household” who signed on to the government’s “tribal rolls.” The land was not to be managed by Native Americans, however: It was held “in trust,” and the government was supposed to disburse to Native landholders the royalties generated by the leasing of their lands to timber, mining, livestock, and energy interests. But for the most part, the government didn’t disburse the money, and now admits that at least $137 billion of it is simply missing. Without the trust relationship, which among other things makes the government legally responsible for the money it manages, Cobell and her coplaintiffs could not have sued.

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

Legislation Solves
Legislation isn’t as benign as it seems – even the most recent ecological legislation that affected Native Americans was really imperialism in disguise. 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
The Energy Policy Act also shifts responsibility for environmental review and regulation from the federal to tribal governments. This, too, was promoted under the auspices of increasing tribal sovereignty, but it doesn’t take a genius to know that Native Americans won’t be any more successful in regulating the energy industry than the US government, a host of well-funded environmental groups, and the UN have been. In fact, it probably only takes a village-variety idiot to comprehend the predictably disastrous outcome of this shift for Native Americans. It’s hard to believe, in light of the relevant history, that an ever-avaricious energy industry—which has been all too willing to play a game of planetary ecological brinksmanship in the name of profit—places any value on tribal sovereignty unless there’s a way to exploit it. It’s hard to believe, after hundreds of years of plunder and unaccountability, that further deregulation, coupled with economic incentives, and even with the participation of some well-meaning “green” players on the field, is going to deliver anything but the predictable domination of Native Americans by white European economic powers. In fact, I’ll go out on a limb and say that the emerging Native American energy infrastructure looks more like the beginnings of a new rush on Indian lands than it does the advent of any kind of brave new sovereign era. But don’t take my word for it. Take it from Billy Connelly, the senior advisor on marketing and communications for NativeEnergy, the company, you’ll recall, that helped usher in the dawn of this renewable energy rush. When asked during a March 2006 phone interview why the demonstration of a potentially viable renewable energy economy on Native American lands wasn’t simply an example of small businesses laying the groundwork for the eventual control and megaprofits of major corporations, Connelly sighed and said simply, “I’d be pleasantly surprised if this didn’t follow that age-old pattern.”

The Energy Policy Act of 2005 allocated $2 billion to assist with Tribal energy. George W. Bush, President of the United States, November 2, 2005, http://www.whitehouse.gov/news/releases/2005/11/20051102­
16.html  To enhance energy opportunities and strengthen tribal economies, my Administration is working to ease the regulatory barriers associated with tribal energy development. In August, I signed the Energy Policy Act of 2005, allocating $2 billion in the form of grants, loans, and loan guarantees for exploration, development, and production of energy. This legislation will help ensure that latest energy technologies are being used throughout our country.

Currently, The Energy Policy Bill of 2005 assists tribes in energy resources. Environment News Service, 9-8-05, http://www.ens-newswire.com/ens/aug2005/2005-08-08-01.asp, Internally Edited
Senator Jeff Bingaman of New Mexico, a Democrat who co-chairs the Senate Energy Committee with fellow New Mexican Republican Pete Domenici, said the [Energy Policy] bill [of 2005] will help Native Americans. The bill creates an Office of Indian Energy Policy & Programs at the Department of Energy that will use grants, technical assistance, and loan guarantees to assist Pueblos and Tribes with the production of energy resources; increasing the supply of electricity to Indian homes and businesses; and managing energy development and use in a manner that protects tribal lands and communities. "This new energy policy will give Indian Country a voice at the Department of Energy and will help tribes cut through the bureaucracy that has held up energy development on Indian lands," Bingaman said. "This is a major step forward."

Legislation Solves
Legislation is pending on incentives for tribes.
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Natives Aff DDI 2008 BQ Cory, Lauren, Phillip, Sam, Steve
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 WASHINGTON - As growing numbers of tribes pursue wind energy projects, tribal energy advocates are cautiously hoping that new developments in Congress could eventually lead to tax credits and incentives to aid tribal economies. ''We're not really holding our breath for Congress to step in with funding,'' said Bruce Renville, a wind energy planner with the Sisseton-Wahpeton Sioux Tribe. ''But certainly, grants or other incentives would be helpful.'' In recent weeks, Sen. John Thune, R-S.D., co-sponsored the bipartisan Clean Energy Tax Stimulus Act of 2008, which would extend the renewable energy production tax credit for one year. The current production tax credit incentive of 2 cents per kilowatt-hour is scheduled to expire in December. Thune's proposed production tax credit would only benefit entities that already have profits from wind energy production, but the legislation also includes bond funding that tribes could apply for to help establish wind energy projects.

The DOE is trying to offset the cost of setting up wind resources to Native Americans through loans. US Department of Energy, 9-27-2005,
http://www.eere.energy.gov/windandhydro/windpoweringamerica/na_anemometer_loan.asp The National Renewable Energy Laboratory's (NREL's) Native American Anemometer Loan Program is part of an effort to promote the installation of wind turbines on Native American lands. NREL's program allows Native American tribes to borrow anemometers and the equipment needed for installation so that they may measure the wind resource on tribal lands. By significantly reducing the cost of quantifying the wind resource in tribal lands, NREL expects that more tribes will be encouraged to install wind turbines. The Anemometer Loan Program is administered jointly by NREL and the Western Area Power Administration (WAPA) as part of the U.S. Department of Energy's Wind Powering America Initiative. The map below shows the locations where anemometers are currently installed and where monitoring is complete.

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

No Solvency
Despite the potential of wind energy, other issues must be addressed before it will be successful. US Department of Energy, 4-10-2008,
http://www.eere.energy.gov/windandhydro/windpoweringamerica/native_americans.asp There are more than 700 American Indian tribes and Native Alaskan villages and corporations located on 96 million acres in the United States. Many of these tribes and villages have excellent wind resources that could be commercially developed to meet their electricity needs or for electricity export. Changing national utility policy, a keen interest in economic development, environmental concerns, and availability of lowcost financing have kindled a strong interest in tribal wind development opportunities. However, several key issues need to be addressed, including lack of wind resource data, tribal utility policies, sovereignty, perceived developer risk, limited loads, investment capital, technical expertise, and especially transmission to markets.

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

Neg Inherency
Tribes currently have the autonomy to regulate air quality within their reservations. 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.
The Regional Haze Rule

In 1999, EPA issued the national regional haze rule (RHR). (64 Fed.Reg. 35714-35774, codified at 40 CFR 51.300-309). Although the RHR has provisions that apply to all states and tribes in the United States, one provision of the RHR embraces the recommendations of the GCVTC and offers states in that region the option of complying with the RHR requirements by developing implementation plans to achieve the goals set forth by the GCVTC and later by the EPA. Section 309
of the RHR presents a method of reducing haze that focuses on the implementation of renewable energy and energy efficiency. Tribes within the GCVTC Region may seek approval from the EPA to implement the regional haze program through tribal implementation plans (TIPs) developed under the provisions of the Tribal Authority Rule (TAR). Promulgated in 1998, the

TAR recognizes the authority of eligible tribes to regulate all sources of air pollution within the exterior boundaries of the reservation, including those on non-Indian-owned fee land within the reservation. Tribes generally are exempt from statutory deadlines and the sanctions imposed for failure to meet those deadlines, and have a great deal of flexibility in developing their air quality management programs.

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