The Federal Government Just Handed Native American Tribes A Big Victory

Despite being off-limits to certain types of encroachment from the U.S. government, Native American tribes have long realized that their land isn’t truly their own. One glaring example involved the ability of the Federal Energy Regulatory Commission to approve certain types of development on reservations — even over the objection of the tribes who live there.

But there’s been a major reversal that put a lot more power back into the hands of Native Americans.

The quest of renewable energy

Amid growing demand for sources of energy that aren’t dependent on coal and oil, many developers have gravitated toward hydropower as a reliable and cleaner source. Of course, obtaining power through such projects depends on water, which is obviously an important resource for humans.

That’s a major reason that tribes, particularly across the Southwest where water is at a premium, have pushed back against new hydropower projects.

The commission has acted on those concerns and will now allow tribes to veto such proposals. This means that if a company does want to obtain rights for a project on Native land, they’ll first have to negotiate with tribal leaders directly.

Putting tribes in charge of their land

Navajo Nation spokesperson George Hardeen celebrated the concession, calling it “the acknowledgement and respect of tribal sovereignty, which is critical.”

For its part, the commission has already nixed at least seven hydropower projects that had been planned for Navajo Nation territory in Arizona, New Mexico, and Utah.

With the new provisions in place, tribes are on an equal footing with federal regulators when it comes to deciding which projects will be approved.

But will the current arrangement last? It could theoretically be repealed by a future administration … and that’s why the Hopi Tribe has called on the commission to protect the provision by enshrining it in an official rule.

Chris Agee February 24th, 2024

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