Tribal Renewable Energy Development under the Hearth Act: An Independently Rational, but Collectively Deficient Option

Full-text available at SSRN. See link in this record. ; Increased domestic energy production is of enhanced importance to the United States of America. Given the growing focus on energy development, and specifically domestic energy development, many, including tribal governments, have increasingly looked to Indian country for potential energy development opportunities. Such attention on potential energy development opportunities in Indian country is warranted, as abundant alternative and renewable energy sources exist within Indian country. Many tribes are increasingly exploring possible opportunities related to alternative and renewable energy development. Despite this interest in alternative and renewable energy development in Indian country, large alternative and renewable energy projects are virtually absent from Indian country. Accordingly, this article explores why despite the great potential for alternative and renewable energy development in Indian country and the fact that many tribes may be interested in such development for a variety of reasons, very little actual development seems to be occurring. This article is the first to consider the impact of the Helping Expedite and Advance Responsible Tribal Homeownership Act (HEARTH Act) on renewable energy development in Indian country. Congress enacted the HEARTH Act in July 2012 to address one of the obstacles to alternative and renewable energy development in Indian country – federal approval for leases of tribal lands. In brief, the HEARTH Act allows tribes with tribal leasing provisions pre-approved by the Secretary of Interior to lease tribal land without Secretarial approval required for each individual lease. To fully understand the potential implications of the HEARTH Act, this article examines the overwhelming national interest in domestic alternative and renewable energy development and the specific benefits of such development to Indian country. The article then explores obstacles to effective energy development in Indian country. The article ...