Oversight Hearing on "Tribal Natural Resource Development: Barriers and Successes

Public Lands and Energy MarkupsHouse Natural Resources Subcommittee on Indian and Insular Affairs · 2026-04-22 · 119th Congress
The House Natural Resources Subcommittee on Indian and Insular Affairs held this oversight hearing to examine why energy and mineral development on tribal trust lands faces far more federal regulatory steps than similar development on private land. Begins at 0:16:56
Transcript
Highlights

Title

Federal permitting barriers to tribal energy resource development

Purpose

The House Natural Resources Subcommittee on Indian and Insular Affairs held this oversight hearing to examine why energy and mineral development on tribal trust lands faces far more federal regulatory steps than similar development on private land. Members heard from tribal leaders and industry witnesses about permitting delays under NEPA, the fee-to-trust process, and the Tribal Energy Resource Agreement (TERA) framework, and discussed proposed reforms including the SPEED Act (H.R. 4776). Begins at0:16:56

Who spoke

Chairman (Subcommittee Chair)0:16:56: Opened by noting tribal energy projects can require nearly 50 federal approvals versus fewer than five off-reservation0:17:50, and that only about 2.1 million of an estimated 15 million resource-bearing tribal acres are in production0:18:14; later questioned witnesses on sovereignty and diversification1:12:44.

Ranking Member Leger Fernandez (D-NM)0:21:04: Criticized the administration's FY2027 budget request for cutting BIA natural resources management by over $230 million, including $38 million from tribal forestry0:24:42, and cited termination of the EPA Solar for All program's $500 million for tribes0:23:57; later raised concerns that the SPEED Act's "substantive and unique" comment requirement could bar neighboring tribes from judicial review if their comments overlap0:59:06.

Rep. Downing (R-MT)0:26:37: Introduced Chairman White Clay, praising his leadership of the Crow Tribe0:27:03.

Chairman Frank White Clay, Crow Tribe of Indians0:29:35: Described the Crow Nation's reduction from 38 million to 2.3 million acres0:30:30, said the tribe's coal mine's expedited closure cost about 275 jobs and $35 million in tribal revenue0:32:20, linked the closure to worsening fentanyl and methamphetamine trafficking0:32:47, and said federal permitting and NEPA delays are the core barrier, not tribal mismanagement0:33:44; later noted the tribe found all 72 missing persons cases last year using only its own general fund, with no federal help1:18:25.

Councilman Andrew Gallegos, Southern Ute Indian Tribe0:34:43: Explained the tribe expects Interior to approve its TERA application — the first ever — early next month0:37:11, said even with the TERA the tribe still needs congressional authority for non-energy rights-of-way and NEPA relief0:37:38, and supported SPEED Act language limiting outside legal challenges to tribally approved projects0:38:50.

Ms. Talia Martin, Tribal Energy Alternatives0:39:17: Said her organization has partnered with over 75 tribes in 19 states and installed over 8 megawatts of solar0:40:25, and that Solar for All's termination cost $500 million in committed funding and roughly $94 million in projected lifetime savings0:57:59; said her group's projects averaged about $1,300 in annual household savings0:56:39.

Mr. Ken Ahmann, Colusa Indian Energy0:44:26: Described Colusa's tribally owned microgrid, in operation since 2012 with zero power interruptions, now powering the casino, homes, and government campus0:45:46; said an estimated 17,000 tribal homes lack reliable electricity and tribal energy rates run six times the national average0:46:14; cited 49 federal approval steps for tribal-land energy development versus four on private land0:47:12.

Rep. McDowell (R-NC)0:49:26: Asked why private investors would ever invest given the 49-vs-4-step disparity, and Ahmann responded "most don't"0:50:21; asked Chairman White Clay whether the barrier was resources or permitting, who answered it's "permitting, regulatory, BIA quagmire, NEPA quagmire"0:54:22.

Rep. Wahlberg (R-MI)1:02:16: Asked Gallegos how tribal energy development translates into workforce and economic benefits, and Ahmann what makes the Colusa model replicable for other tribes1:05:11.

Rep. Randall (D-WA)1:07:30: Noted she introduced the TERA Act to streamline approvals and improve agency coordination1:09:30; asked Ahmann about delays from the new Interior policy requiring the Secretary to personally review every tribal clean energy application, and he said he knew of no one who had been approved under it1:10:17.

Key moments

Ahmann testified that developing energy on tribal trust land takes an estimated 49 federal steps versus four on private land, and that most private investors simply won't invest under those odds0:47:120:50:21.

White Clay said the Crow coal mine's closure — driven by federal regulatory pressure — cost roughly 275 jobs and $35 million in tribal royalty and tax revenue, and worsened fentanyl and methamphetamine trafficking on the reservation0:32:200:32:47.

White Clay said the Crow Nation was wrongly placed on the Treasury's Do Not Pay list by the Biden administration over invalid debts, permanently costing the tribe access to pandemic-era federal grants0:33:44.

Gallegos confirmed the Southern Ute Tribe is on track to become the first tribe ever approved for a Tribal Energy Resource Agreement (TERA), more than 20 years after the framework was authorized0:19:390:37:11.

Ahmann said a decade-long legal battle with PG&E over distribution lines failed, forcing Colusa to build and operate its own underground distribution and take PG&E off the reservation entirely0:47:39.

Martin said the EPA's Solar for All termination eliminated $500 million committed to tribes nationally, including roughly $94 million in projected lifetime household savings from her organization's award alone0:23:570:57:59.

Leger Fernandez flagged that SPEED Act language requiring public comments be both "substantive and unique" could bar judicial review for neighboring tribes who raise the same concern (e.g., water-source impacts), effectively canceling out identical tribal objections0:59:061:01:22; Gallegos said the tribe interpreted the provision as targeting only commenters with no connection to the affected area1:00:22.

Ahmann said he knows of no tribe that has been approved under the new Interior policy requiring the Secretary personally sign off on every tribal clean energy application, calling it "cumbersome and unnecessary"1:10:17.

White Clay said the Crow Tribe located and recovered all 72 people reported missing last year, funded entirely through its own general fund with no federal assistance1:18:25.

Leger Fernandez noted the FY2027 budget request cuts BIA natural resources management by over $230 million, including $38 million from tribal forestry, $15 million from water resources, and zeroing out the Tribal Climate Resilience Program0:24:42.

Metadata

CommitteeHouse Natural Resources Subcommittee on Indian and Insular Affairs
Chamber / CongressHouse · 119th Congress
Date2026-04-22
TypeHearing
Witnesses
The Honorable Frank White Clay — Chairman, Crow Tribe of Indians
The Honorable Andrew Gallegos — Councilman, Southern Ute Indian Tribe
Ms. Talia Martin — Co-Executive Director, Tribal Energy Alternatives
Mr. Ken Ahmann — Chief Operating Officer, Colusa Indian Energy
Videoyoutube
Transcript145 caption blocks · 9,476 words · 1:20:01 runtime
EventCongress.gov 119108