Section 1813 Final Report Available

The Departments of the Interior and Energy submitted their final Report to Congress titled “Energy Policy Act of 2005, Section 1813 Indian Land Rights-of-Way Study”.

In keeping with the last draft published in December 2006, the Report discusses the common themes that surfaced during the course of the study including the manifestation of tribal sovereignty in the statutory and regulatory requirements of Tribal consents in energy ROW matters.  The Report also cites concern about uncertainty and lack of transparency in the valuation process.

The two federal Departments make two major recommendations for the granting, expansion or renewal of rights of way on Tribal lands.  First, the valuation of energy ROWs on Tribal lands should continue to be based on terms negotiated between the parties.  Second, if there is a failure in the negotiation of a ROW that has a significant effect on the supply, price or reliability of energy resources, Congress might consider resolving such a situation by way of specific legislation rather than broad changes that would affect Tribal sovereignty of self-determination generally.

CERT is pleased that the Report confirms what its members have always believed:  the right of Tribes to consent to use of their lands is fundamental to sovereignty and should not be treated lightly by the Congress, the energy industry or the federal agencies.

The full report is at: http://1813.anl.gov/documents/docs/FinalReportDocs/EPAct_1813_Final.pdf

 

The website (including transmittal letters for Final report and all past documents) is at: http://1813.anl.gov/documents/index.cfm

 

Please be advised that this Web site will no longer be available after August 8, 2007.