American Indian tribal leaders told government officials Tuesday they’ve been unfairly accused of overcharging energy companies for rights of way for pipeline and utility-transmission lines.
Representatives of tribes from across the nation are in Denver this week for a three-day joint hearing between the federal Department of the Interior and the U.S. Energy Department for a federal study on the tribal right- of-way issue.
Several tribal leaders say the study has fostered false accusations that they are trying to disrupt the energy market.
“These issues that have been raised are a dagger to the very heart for rights to be who we are,” said David Lester, director of Council of Energy Resource Tribes, a Denver-based tribal organization.
The study is focusing on how the tribes have been historically compensated. It will also recommend standards to determine fair compensation and assess tribal sovereignty interests. The study is due to be sent to Congress on Aug. 7.
“We are making every effort to talk to the tribes, talk to the tribal leaders and talk to the tribal representatives,” said Bob Middleton, director of the Interior Department’s office of Indian energy and economic development.
Authorized by the federal Energy Policy Act of 2005, the study has galvanized the tribes and the energy industry – each struggling to balance tribal sovereignty with energy demands. The industry says it may be forced to pass increased right-of-way costs to consumers if the tribes are able to negotiate lucrative contracts.
The Navajo Nation and El Paso Corp. are locked in a bitter dispute over how much the Houston-based company should pay for the right to cross tribal lands with a 900-mile pipeline.
Carol Harvey, a representative of the Eastern Shoshone tribe, said the Navajo dispute is the only one that the industry can cite in the current right-of-way debate.
“This injustice is compounded given the lack of tribal technical expertise,” Harvey said. “Tribes across the country are having to retain consultants and outside counsel to assist them in protecting their rights.”
Staff writer Kim McGuire can be reached at 303-820-1240 or kmcguire@denverpost.com.
