presented by paul moorehead, esq. july 10, 2008 m 05 moorehead 7-… · policy update 2008...

Indian Tribal Energy Policy Update 2008

Presented by Paul Moorehead, Esq.

Washington, D.C.

+ + DRINKER BIDDLE & REATH LLP

July 10, 2008

Tribal Energy Policy Update

• Policies to Promote Energy Development

• Need for Diversification of Energy Sources

• Key Legislation

Authorizing Legislation


Appropriations Legislation

Tax Legislation

Law Seminars International | Tribal Energy | 07/10/08 in Washington, DC

Policies to Promote Energy Development

• What are our Energy Policies?

• Who shapes and develops Policy?

President via Executive Orders and Memos

Congress via Enacted Statutes


Congress via Enacted Statutes

American Public and Interest Groups

Policy Development – Executive Branch

• Presidential Executive Orders

• Annual Budget Request

• Agency Rulemaking

Congressional Testimony


• Congressional Testimony


Policy Development - Executive Branch

• Vice President Cheney’s Energy Task Force

• President’s E.O. on Expediting Permitting for Energy Projects

• Interior Secretary Gale Norton’s Order


creating the Office of Indian Energy and Economic Development

Policy Development – Executive Branch

• Office of Indian Energy and Economic Development (OIEED)

TERA Regulation Finalized April 2008

Capacity Building Grants


Indian Tribal Energy Advisory Committee


Policy Development – Legislative Branch

• Energy Policy Act of 2005 – 17 Titles

Policies: Pro-production, Efficiency, R&D, Tax

• Indian Tribal Energy Development and Self Determination Act (Title V)


Policies: Appropriate Federal Role, New Emphasis on Tribal Decision-making

Policy Development - Legislative Branch

• Policies of Title V

Production-oriented

Non-discriminatory vis a vis Resources

Shared responsibility – DoI and DoE


Optional Tribal Participation



• Most Profound Title V Policy

Tribal Energy Resource Agreements (TERAs)

• Tribal, not Federal, Decision-making

• Tribal Capacity Required


• Negotiations and Agreements without DoI Approval


• Energy Dependence and Security Act of 20072007

Energy Efficiency and Conservation

Focus on Renewable Energy

Grants and Participation by Tribes


Grants and Participation by Tribes

Biofuels, Ethanol, R&D, Infrastructure


A Continued Congressional Focus on Indian Tribal Energy

• May 1, 2008, Senate Committee on Indian Affairs Oversight Hearing on Indian Energy

• July 22, 2008, Senate Committee on Finance Oversight Hearing on Indian Tax Incentives and Economic Development


p

Focus on Energy Development on Tribal Lands

Need for Diversification of Energy Sources

• Energy sources

Traditional: Oil, Gas, Coal

Renewable: Wind, Solar, Geothermal, Hydro, Biomass, Landfill Gas


Making a Comeback: Nuclear


Need for Diversification of Energy Sources

• Recent Public Laws (2005, 2007) cover the breadth of energy resources

• Ongoing debate is over which should be emphasized, incented and subsidized

“ANWR Wi d ill ” D b


“ANWR vs. Windmills” Debate

2007-2008 is a Legislative Staging Ground

Energy-Related Tax Legislation

• EPAct of 2005 included a Tax Title

• Energy Independence and Security Act of 2007 included a Tax Title

• The “Energy Extenders” Package (H.R. 6049)


would extend most energy –related tax incentives for one year (through 2008)



• Since 2005 Indian tribes and private partners lobbying for long term reauthorization of the lobbying for long-term reauthorization of the “1993 Indian Tax Incentives” (1993-2003)

Accelerated Depreciation

Wage & Health Care Credit

P i (S 176 H R 1875)


• Permanent extensions (S.176, H.R. 1875)

• One-year extension (H.R. 6049)


• Cost and Budget Estimates

Since 2001 $54 million in wage / health credits used by taxpayers

Use of depreciation allowance largely unknown


unknown

The “Texas into Oklahoma” phenomenon


Current Reauthorization Efforts

• Joint Committee on Taxation on H.R. 6049

• Estimated Costs 2008-2018

Accelerated Depreciation $152 million

Wage and Health Credit $59 million


Wage and Health Credit $59 million

NIXON MEETS WITH TRIBAL LEADERS – 1970



2007-2008 As a Staging Ground

• Two major energy enactments in 2005, 2007

• Reflect Republican (2005) and Democrat (2007) policy differences

• Fall elections in 2008 will bring a new President and a new Congress


g

National Energy Policy already a campaign issue and likely in the top 3 issues for 2009

Looking Ahead to 2009

• New President and New Congress

• National Energy Policy

• Comprehensive Energy Legislation

Climate Change Legislation


• Climate Change Legislation


Contact Information

[email protected]

202.230.5174

1500 K Street, N.W.

Washington DC 20005


Washington, DC 20005


presented by paul moorehead, esq. july 10, 2008 m 05 moorehead 7-… · policy update 2008...

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