“According to the study, reservations today are 46 percent less likely to host wind farms and 110 percent less likely to host solar projects compared to neighboring non-reservation lands. Although the lands provided to Native Americans have historically been less agriculturally productive, those lands are now seen as perfectly conditioned for solar and wind energy, according to research from the Stanford Doerr School of Sustainability.
Federal policy, however, continues to pigeonhole Native Americans into farming because of how difficult it can be to use the land for anything else. Since the Dawes Act of 1887, which broke up communal land into parcels among Natives in an attempt to assimilate them into American society, and its subsequent reversal through the Wheeler-Howard Act, Native land policy has been overwhelmingly bureaucratized.
Despite its reversal, the Dawes Act has had long-lasting consequences. Inheritance rules imposed by the law spurred a phenomenon called fractionation, in which parcels of land had to be divided up between all heirs after the owners passed away. As a result, some parcels have hundreds of owners, increasing the cost of development exponentially as the number of owners who needed to be contacted for approval ballooned.
A green light from the Bureau of Indian Affairs is also required for most energy projects on Native lands. “Typically, you have to work with different agencies, including the Bureau of Indian Affairs,” said Sarah Johnston, one of the study’s co-authors, “which, anecdotally, can be quite slow in terms of getting the necessary approvals.” Additionally, ownership records from the Bureau are often incomplete, making cases involving fractionated land even more fraught.
Were reservation lands to host more energy facilities, this would help lower the rate of unelectrified tribal communities. In just Navajo Nation homes, the largest federally recognized tribe in the United States, 21 percent lack electricity.
Altogether, removing regulatory barriers would give Native American tribes the ability to move past the raw deals they’ve gotten throughout history, allowing them to generate electricity, wealth, and prosperity for their communities.”