The Department of the Interior and the Department of 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 consent in energy ROW matters. The report also cites industry’s 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 the use of their lands is fundamental to sovereignty and should not be treated lightly by Congress, the energy industry or the federal agencies.

CERT is exploring with the electricity transmission and natural gas industries on ways to reduce one another’s concerns and improve the relationship between two major players in the U.S. energy marketplace: Tribes and energy transport companies.