ABSTRACT
This chapter aims to regulate the conveyance of their own energy resources, giving them, under certain circumstances, the ability to enter into leases and other agreements for the construction of renewable energy networks without federal supervision. It analyzes the rationale for and substance of the most significant federal law relating to renewable energy on tribal lands and identifies ongoing challenges in the way the United States approaches renewable energy infrastructure siting on tribal lands. Recognizing the potential, and driven by the concerns described above, many tribes have begun to explore renewable energy development. With the recent passage of the Indian Tribal Energy Development and Self-Determination Act, Congress has attempted to help tribes more easily navigate this process, although as the next section will discuss, the Act has not yet met this goal. The current legal framework for using tribal land for renewable energy projects fails, however, to adequately address the needs of tribes and the environment.
