The sovereignty of federally recognised Tribal Nations in the United States is codified in the US Constitution, federal law, and myriad treaty agreements, but the realities of sovereignty are complex.
Federal law has obfuscated Tribal sovereignty, complicating and restricting Tribally owned or managed energy development on Tribal land.
This paper discusses the divergence of Western and Indigenous concepts of sovereignty and analyses federal Tribal law and policy and its implications for Tribal energy development, making two contributions.
The first is to explore whether past federal laws and policies have supported or impeded the ability of Tribal Nations to develop energy projects and utilise energy resources on Tribals lands in the US.
The second is to explore how the Inflation Reduction Act (IRA) altered US federal energy policy in the context of Tribal energy sovereignty, assessing the impacts of US federal Tribal policy on Tribal sovereignty in terms of de recto (by right), de facto (in fact), or de jure (by law).
This research reveals that the IRA encouraged de facto Tribal energy sovereignty, advancing Tribal self-determination by reducing dependence, increasing benefits, and empowering decision making for Tribal Nations in the US.
Authors: Don Lee, Chelsea Schelly, The Inflation Reduction Act: Implications for energy development, energy sovereignty, and self-determination for federally recognized Tribal Nations in the US, Energy Policy, Volume 205, 2025
Read an abstract of the report
Thanks for the cover image gratefully used from here.