Under a proposal by the Department of the Interior last fall, only the private dam licensee could appeal the terms and conditions of its permit in the final steps of the process. Indian tribes would be shut out of the process even if the private dam might be located on Indian land.

     "It seems to me an overarching theme of the Republicans’ energy plan is to shut the public out of the process of developing energy projects on their public lands and coastlines. Now, they are even reaching into sovereign Indian lands, taking power away from self-governing tribes, and handing it over to the Federal government," declared Rahall.

     During consideration of the Republican-drafted Committee on Resources’ portion of a national energy policy proposal, Democrats offered a comprehensive alternative to allow responsible energy development on Federal lands, while protecting the health, safety, and sovereignty of all Americans.

     Included in that Democratic proposal was language to protect the rights of citizens and landowners, including Indian tribes, from being shut out of the approval process for private hydro power facilities to be sited on their land. The broad Democratic alternative proposal failed in a Committee vote.

     U.S. Rep. Tom Udall (D-NM) then asked the Committee to vote separately on just this portion of the Democrats alternative and its own merits; the Committee again struck it down.

     "Indian tribes have so much to offer to our national energy policy. To shut them out of the process of permitting hydro power development activities on their own land goes against the very principles of our centuries-old trust relationships with the tribes," said Udall.

     Then U.S. Rep. Frank Pallone (D-NJ) offered the language only as it pertains to federally recognized tribes. And still, the Republican-dominated Committee membership voted it down.

     "No one who voted against my amendment can look a Native American in the eye and claim to be supportive of tribal sovereignty. My amendment only dealt with dams specifically located on Indian land and still the Republicans refused to let the Indian tribe be a party to the licensing to ensure protection of the Indian resources. It seems like the Republicans will go to any length to protect big energy," said Pallone.

     Rahall concluded, "The federal government has historically placed enough obstacles in the way of tribes trying to reach their full potential. The Resources Committee could have restored a tribe’s right to have a say in the development of its own land. Sadly, this Committee failed to seize this opportunity."