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NATIVE WIND AFFIRMATIVE
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INHERENCY................................................................................................ .....30
INHERENCY................................................................................................ .....32
INHERENCY................................................................................................ .....33
INHERENCY: NATIVES LACK POWER..................................... ............................34
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INHERENCY: ONLY 1 WIND DEVELOPM NOW.....................................................35
GENOCIDE ADV EXT: NATIVES ARE TARGETS................................................. ....36
GENOCIDE ADV EXT: NATIVES ARE TARGETS................................................. ....37
................................................................................................................... ...37
GENOCIDE ADV EXT: TOXIC DUMPING = GENOCIDE...........................................38
GENOCIDE ADV EXT: TOXIC DUMPING = GENOCIDE...........................................39
GENOCIDE EXT: OBLIGATION TO END IT...........................................................40
GENOCIDE ADV: A/T: NATIVES WANT TOXICS...................................................41
GENOCIDE ADV: A/T: NATIVES WANT TOXICS...................................................42
GENOCIDE EXT................................................................................. ...............43
GENOCIDE EXT................................................................................. ...............44
GENOCIDE EXT – WATER SUPPLIES...................................................................45
GENOCIDE EXT: WIND SOLVES FOR WATER DAMAGE..........................................46
ENVIRONMENTAL GENOCIDE MPX............................................................. ........47
RACISM MPX........................................................................................... ........48
RACISM MPX........................................................................................... ........49
RACISM MPX........................................................................................... ........50
RACISM OUTWEIGHS NUCLEAR WAR................................................... ..............52
COLONIALISM ........................................................... .....................................53
COLONIALISM................................................................ .................................55
COLONIALISM................................................................ .................................56
COLONIALISM................................................................ .................................57
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COLONIALISM MPX OUTWEIGHS EVERYTHING!!.................................................58
COLONIALISM MPX: KEY TO SURVIVAL............................................... ..............59
PLAN = DECOLONIALIZATION.................................................. .........................60
TAX CREDITS INCREASE SOVEREIGNTY.............................................................61
TAX CREDITS INCREASE SOVEREIGNTY.............................................................62
WIND POWER KEY TO SOVEREIGNTY................................................................63
WIND POWER KEY TO SOVEREIGNTY................................................................64
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SOVEREIGNTY KEY......................................................... .................................65
SELF-DETERMINATION MODELLED GLOBALLY....................................................66
SELF-DETERMINATION MPX: KEY TO ALL RIGHTS..............................................67
SELF-DETERMINATION MPX........................................................................ ......68
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SELF-DETERMINATION MPX........................................................................ ......69
SELF-DETERMINATION KASHMIR ADD-ON (1/1)......................................... .........70
DEMOCRACY ADD-ON (1/2)............................................... ...............................72
DEMOCRACY ADD-ON (2/2)............................................... ...............................73
WATER ADD-ON (1/2)................................................................................. ......75
WATER ADD-ON (2/2)................................................................................. ......76
COAL MINING EXT.......................................................... .................................77
COAL MINING = ENVIRONMENTAL RACISM........................................................78
SOLVENCY – NATIVES HAVE WIND POTENTIAL................................................... .79
THE WIND ENERGY SETBACKS IN CONGRESS HAVE BEEN ESPECIALLY
DISAPPOINTING TO SOME TRIBES, SINCE THEIR LANDS OFTEN HAVE SOME OF THE
HIGHEST WIND RESOURCE POTENTIAL IN THE NATION.
RESEARCH FROM THE NATIONAL RENEWABLE ENERGY LABORATORY INDICATES

THAT MANY OF THE WINDIEST AREAS IN THE U.S. ARE LOCATED CLOSE TO AND ON
RESERVATIONS. THE LABORATORY HAS ESTIMATED THAT THE TOTAL TRIBAL WIND
GENERATION POTENTIAL IS ABOUT 535 BILLION KWH PER YEAR, OR 14 PERCENT
OF THE TOTAL U.S. ELECTRIC GENERATION IN 2004.
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SOLVENCY................................................................... ...................................80
SOLVENCY................................................................... ...................................81
SOLVENCY................................................................... ...................................82
SOLVENCY................................................................... ...................................83
SOLVENCY................................................................... ...................................84
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SOLVENCY................................................................... ...................................87
SOLVENCY................................................................... ...................................88
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SOLVENCY................................................................... ...................................89
SOLVENCY................................................................... ...................................90
SOLVENCY: BENEFITS BOTH PARTIES................................................................91
SOLVENCY: PTC INCREASE WIND POWER.................................................... ......92
SOLVENCY: PTCS ARE KEY..................................................................... ..........93
SOLVENCY: WIND INCREASE ECON INDEPENDENCE............................................94
SOLVENCY: WIND POWER GOOD................................................. .....................95
SOLVENCY: WIND GOOD (RELIABLE)................................................................ .98
SOLVENCY: WIND GOOD (A/T: BIRD KILLER!)....................................................99
SOLVENCY: WIND GOOD (A/T: BIRD KILLER!)............................................. ......100
SOLVENCY: WIND GOOD (A/T: BIRD KILLER!)......................................... .........101
SOLVENCY: WIND GOOD (A/T: BIRD KILLER!)............................................. ......103
SOLVENCY: WIND POWER GOOD (A/T: WEATHER PATTERNS)............................104
SOLVENCY: WIND GOOD (ELECTRICITY PRICES)....................................... ........105
SOLVENCY: WIND GOOD (CHEAP!).............................................................. ....106
SOLVENCY: WIND DECREASE EMISSIONS........................................................107
SOLVENCY – US ACTION KEY................................................................... ........108
SOLVENCY – US ACTION KEY................................................................... ........109
SOLVENCY: US ACTION KEY............................................... ............................110
IMPACT CALCULUS ................................................................................. .......111
IMPACT CALCULUS..................................................................................... ....112
IMPACT CALCULUS..................................................................................... ....113
IMPACT CALCULUS..................................................................................... ....114
A/T: NUCLEAR WAR MPX (KATO)............................................. ........................115
A/T: NUCLEAR WAR MPX (KATO)............................................. ........................116
A/T: NUCLEAR WAR MPX (KATO)......................................... ...........................117
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A/T: NUCLEAR WAR MPX (KULETZ)........................................................... .......120
A/T: COUNTERPLANS............................................... ......................................121
A/T: CP – PTCS ARE KEY................................................. ................................122
A/T: STATES CP................................................................................... ..........123
A/T: STATES CP (PERM SOLVENCY).............................................. ...................124
A/T: CP (STANDARD FLIP MODEL).................................. .................................125
A/T: CP (MINNESOTA FLIP MODEL)............................................. ....................126
A/T: CP (LANDOWNER PAYMENTS).................................................................127
A/T: CP (BOND FINANCING).............................................. .............................128
A/T: SPENDING—ECON DISADS......................................... .............................129
A/T: SPENDING—ECON DISADS (TURN!!)........................................................132
A/T: OIL DISAD.............................................................. ...............................133
A/T: FEDERALISM DISAD.......................................... .....................................134
A/T: HEIDEGGER/TECH KRITIKS.................................................. ....................135
A/T: KRITIKS (DEVELOPMENT/CAPITALISM/BIOPOLITX)....................................136
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A/T: KRITIKS (DEVELOPMENT/CAPITALISM/BIOPOLITX)....................................137
A/T: LANGUAGE KRITIKS............................................................................ ....138
A/T: “TRIBE” KRITIK..................................................................................... .144
A/T: “TRIBE” KRITIK............................................... .......................................145
A/T: “TRIBE” KRITIK..................................................................................... .146
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A/T: “TRIBE”KRITIK............................................... .......................................147
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TOPICALITY: PLAN IS AN INCENTIVE......................................................... ......149
TOPICALITY: PLAN IS A SUBSTANTIAL INCREASE.............................................150
TOPICALITY: PLAN IS AN INCREASE....................................................... .........151
TOPICALITY: WE ARE IN THE UNITED STATES, DUH….......................................152
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OBSERVATION ONE: INHERENCY
A) Current U.S. tax policy denies Native Americans access to tax credits
Shahinian ’08 (Mark Shahinian, 3rd year law student at University of Michigan, “Special
Feature: The Tax Man Cometh Not: How the non-transferability of tax credits harms Indian
tribes” American Indian Law Review, 32 Am. Indian L. Rev. 267)
"The power to tax involves the power to destroy," has become a shibboleth of any
economic reading of U.S. constitutional law. n1 Yet behind Justice Marshall's oft-repeated
words lies an important insight into the balance of power between sovereign entities.
That insight is essentially this: the ability of an entity to maintain its sovereignty
depends on economic power, and that economic power can be taken away by
taxation.
With the power to tax also comes the power to push, to encourage, to foster and to
favor. If taxation can sap economic power, tax policy can also confer vast economic
rents on certain favored groups.
However, America's Indian tribes are a group not favored by federal tax policy. n2 This
paper is concerned with elements of U.S. tax policy that do [*269] unrecognized harm
to Indian tribes. In the standard analysis, Indian tribes benefit from tax-free status - it
is a bright line rule of U.S. tax policy that tribes and their subsidiary corporations do
not pay federal income taxes. However, the guarantee of tax-free status for Indian
tribes also guarantees the tribes cannot use tax credits granted by the federal
government.
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B) CURRENT TAX CODES CREATE AN UNEQUAL PLAYING FIELD FOR

AMERICAN INDIANS
Hall ’04 (Tex, President of National Congress of American Indians, “US. Dept of Energy – Energy
Efficienty and Renewable Energy “Wind and Hydropower Technologies Program – Wind Powering
America, 3/1/2004,
http://www.eere.energy.gov/windandhydro/windpoweringamerica/filter_detail.asp?itemid=678&print)
Second, Congress must authorize the Tribal eligibility for the Production Tax Credit (PTC) that drives all
wind projects in this country. Tribes are now penalized in that they cannot attract the private investor to
develop partnerships for projects on Tribal lands. Indians are the only people with a "trust relationship"
with the federal government. Our treaties require the federal government to assist us in developing our
reservation economies. But all renewable energy incentives go to tax-paying developers via the PTC or to
states or subdivisions of state through the Renewable Energy Production Incentive (REPI). Indians are the only group excluded
from any of the federal renewable energy incentives, yet we are the only ones with a legal obligation — our treaties — for
federal assistance! Currently, because Tribes
are not taxed entities (a status we secured from the United States
in return for our giving them most of this continent), any developer that teams up with a Tribe in a joint
venture for wind development is penalized by only being able to use a portion of the available PTCs,
which are apportioned under federal law by the percentage of ownership in the production facility. So if a
tribe has any ownership in a project on Tribal lands, our partner must forego any incentives represented by
our ownership. The PTC is the main driver for wind development in this country, but this federal
incentive policy steers investment capital away from Indian lands. Intertribal COUP once proposed a
Tribal energy production incentive to correct this federal oversight. Wryly called a "TEPI", it gently
reminded Congress that it had an obligation to provide an equal playing field for Indian energy
development. The Senate version of the federal energy bill contains language to allow Tribes and other
non-taxed entities (such as municipal utilities and rural cooperatives) to sell, assign, or trade any tax
credits that might become available to them, but those provisions were removed by the House in the
conference committee. A current COUP proposal is a little more restrictive in scope, allowing joint ventures
between Tribes and non-Indian developers to allocate the Tribe's share of the credits to their tax-paying partners.
This proposal would be tax neutral, but it removes the penalty for investment in Indian Country through Tribal joint
ventures. Tribes could still be principal owners of the project, but our partners would not be financially penalized.
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ADVANTAGE ONE: GENOCIDE
A) Native Americans live in extreme poverty, which has made reservations

a dumping ground for our toxic industrial byproducts. Nuclear waste
eradicates Native American populations so we can sustain our
consumption patterns
Brook ’98 (Daniel, Contributor to Harper’s and Boston Globe, “Environmental Genocide: Native
Genocide: Native Americans and Toxic Waste, American Journal of Economics and Sociology, Vol. 37,
No. 1)
GENOCIDE AGAINST NATIVE AMERICANS continues in modern times with modern techniques. In the
past, buffalo were slaughtered or corn crops were burned, thereby threatening local native populations; now the Earth itself is being
strangled, thereby threatening all life. The government and large corporations have created toxic, lethal
threats to human health. Yet, because "Native Americans live at the lowest socioeconomic level in the
U.S." (Glass, n.d., 3), they are most at risk for toxic exposure. All poor people and people of color are
disadvantaged, although for Indians, these disadvantages are multiplied by dependence on food supplies closely
tied to the land and in which [toxic] materials . .. have been shown to accumulate" (ibid.). This essay will discuss
the genocide of Native Americans through environmental spoliation and native resistance to it. Although this type of genocide is not (usually)
the result of a systematic plan with malicious intent to exterminate Native Americans, it is the consequence of activities that are often carried
out on and near the reservations with reckless disregard for the lives of Native Americans.1One very significant toxic threat to
Native Americans comes from governmental and commercial hazardous waste sitings. Because of the severe
poverty and extraordinary vulnerability of Native American tribes, their lands have been targeted by the U.S.
government and the large corporations as permanent areas for much of the poisonous industrial by-products of
the dominant society. "Hoping to take advantage of the devastating chronic unemployment, pervasive
poverty and sovereign status of Indian Nations", according to Bradley Angel, writing for the international environmental
organization Green- peace, "the waste disposal industry and the U.S. government have embarked on an all-out
effort to site incinerators, landfills, nuclear waste storage facilities and similar polluting industries on
Tribal land" (Angel 1991, 1). In fact, so enthusiastic is the United States government to dump its most dangerous waste from "the nation's
110 commercial nuclear power plants" (ibid., 16) on the nation's "565 federally recognized tribes" (Aug 1993, 9) that it "has solicited
every Indian Tribe, offering millions of dollars if the tribe would host a nuclear waste facility " (Angel 1991,
15; emphasis added). Given the fact that Native Americans tend to be so materially poor , the money offered by the
government or the corporations for this "toxic trade" is often more akin to bribery or blackmail than to
payment for services rendered.2 In this way, the Mescalero Apache
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<CARD CONTINUED> tribe in 1991, for example, became the first tribe (or state) to file an application for a U.S. Energy
Department grant "to study the feasibility of building a temporary [sic] storage facility for 15,000 metric tons of highly radioactive spent
fuel" (Ak- wesasne Notes 1992, 11). Other Indian tribes, including the Sac, Fox, Yakima, Choctaw, Lower Brule Sioux, Eastern Shawnee,
Ponca, Caddo, and the Skull Valley Band of Goshute, have since applied for the$100,000 exploratory grants as well (Angel 1991, 16-17). Indeed,
since so many reservations are without major sources of outside revenue, it is not surprising that some tribes have considered proposals to host toxic waste
repositories on their reservations. Native Americans, like all other victimized ethnic groups, are not passive populations in the face of destruction from
imperialism and paternalism. Rather, they are active agents in the making of their own history. Nearly a century and a half ago, the radical philosopher and
political economist Karl Marx realized that people "make their own history, but they do not make it just as they please; they do not make it under
circumstances chosen by themselves, but under circumstances directly found, given and transmitted from the past" (Marx 1978, 595). Therefore, tribal
governments considering or planning waste facilities", asserts Margaret Crow of California Indian Legal Services, "do so for a number of reasons" (Crow
1994, 598). First, lacking exploitable subterranean natural resources, some tribal governments have sought to employ the land itself as a resource in an attempt
to fetch a financial return. Second, since many reservations are rural and remote, other lucrative business opportunities are rarely, if ever, available to them.
Third, some reservations are sparsely populated and therefore have surplus land for business activities. And fourth, by establishing waste facilities some tribes
would be able to resolve their reservations' own waste disposal problems while simultaneously raising much-needed revenue. As a result, "[a] small number of
tribes across the country are actively pursuing commercial hazardous and solid waste facilities"; however, "[t]he risk and benefit analysis performed by most
tribes has led to decisions not to engage in commercial waste management" (ibid.). Indeed, Crow reports that by "the end of 1992, there were no commercial
waste facilities operating on any Indian reservations" (ibid.), although the example of the Campo Band of Mission Indians provides an interesting and
illuminating exception to the trend. The Campo Band undertook a "proactive approach to siting a commercial solid waste landfill and recycling facility near
San Diego, California. The Band informed and educated the native community, developed an environmental regulatory infrastructure, solicited companies,
required that the applicant company pay for the Band's financial advisors, lawyers, and solid waste industry consultants, and ultimately negotiated a favorable
contract" (Haner 1994, 106). Even these extraordinary measures, however, are not enough to protect the tribal land and indigenous people from toxic exposure .
Unfortunately, it is a sad but true fact that "virtually every landfill leaks, and every incinerator emits
hundreds of toxic chemicals into the air, land and water" (Angel 1991, 3). The U.S. Environmental Protection
Agency concedes that even if the . . . protective systems work according to plan, the landfills will eventually leak
poisons into the environment" (ibid.).
Therefore, even if these toxic waste sites are safe for the present generation-a rather dubious proposition
at best-they will pose an increasingly greater health and safety risk for all future generations. Native
people (and others) will eventually pay the costs of these toxic pollutants with their lives, "costs to which
[corporate] executives are conveniently immune" (Parker 1983, 59). In this way, private corporations are
able to externalize their costs onto the commons, thereby subsidizing their earnings at the expense of
health, safety, and the environment. Sadly, this may not be the worst environmental hazard on tribal lands. Kevin Grover and Jana
Walker try "[t]o set the record straight" by claiming that "the bigger problem is not that the waste industry is beating a path to the tribal door
[although it is of course doing so]. Rather, it is the unauthorized and illegal dumping occurring on reservations. For most Indian communities
the problem of open dumping on tribal lands is of much greater concern than the remote prospect that a commercial waste disposal facility
may be sited on a reservation" (Haner 1994, 107).3 There are two major categories of people who illegally dump waste on tribal land. They
have been called "midnight dumpers" and "native entrepreneurs." Midnight dumpers are corporations and people who secretly dump their
wastes on reservations without the permission of tribal governments. Native entrepreneurs are tribal members who contaminate tribal land,
without tribal permission, for private profit or personal convenience. Both midnight dumpers and native entrepreneurs threaten Native
American tribes in two significant ways: tribal health and safety, and tribal sovereignty.
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B) Poverty on Native American reservations is equivalent to an ongoing

genocide.
Churchill ’03 (Ward, American Writer and Political Activist, former professor of ethnic studies at
the University of Colorado at Boulder, Routledge,Acts of Rebellion: The Ward Churchill Reader pg
70-1)
All of this is, unfortunately, on paper. The practical reality is that American Indians, far from being well
off, are today the most impoverished sector of the U.S. population.8 We experience by far the lowest
average annual and lifetime incomes of any group. The poorest locality in the United States for 23 of the
past 25 years has been Shannon County, on the Pine Ridge Sioux Reservation in South Dakota, where a
recent study found 88 percent of the available housing to be substandard, much of it to the point of virtual
uninhabitability. The annual per capita income in Shannon County was barely over $2,000 in 1995, while
unemployment hovered in the 90th percentile.9 Bad as conditions are on Pine Ridge, they are only
marginally worse than those on the adjoining Rosebud Sioux Reservation and a host of others. In many
ways, health data convey the costs and consequences of such deep and chronic poverty far better than
their financial counterparts. These begin with the facts that, overall, American Indians suffer far and away
the highest rates of malnutrition, death from exposure, and infant mortality (14.5 times the national
average on some reservations).I° The Indian health level is the lowest and the disease rate the highest of
all major population groups in the United States. The incidence of tuberculosis is over 400 percent the
national average. Similar statistics show the incidence of strep infections is 1,000 percent, meningitis is
2,000 percent higher, and dysentery is 10,000 percent higher. Death rates from disease are shocking when
Indian and non-Indian populations are compared. Influenza and pneumonia are 300 percent greater killers
among Indians. Diseases such as hepatitis are at epidemic proportions, with an 800 percent higher chance of
death. Diabetes is almost a plague [6.8 times the general population rate]." It should come as no surprise,
given the ubiquitousness of such circumstances, that alcoholism and other addictions take an inordinate
toll. Although fewer Indians drink than do nonindians, the rate of alcohol-related accidental deaths among
native people is ten times that of the general population, while the rate of Fetal Alcohol Syndrome (FAS)
among the newborn is 33 times greater.' The suicide rate among Indians is ten times the national norm,
while, among native youth, it is 10,000 percent higher than among our nonindian counterparts.I3 All told,
the current life expectancy of a reservation-based American Indian male is less than fifty years in a
society where the average man lives 71.8 years. Reservation- based Indian women live approximately three years
longer than males, but general population women enjoy an average life
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expectancy seven years longer than nonindian men.14 Hence,

every time an American Indian dies on a reservation
—or, conversely, every time a child is born—it can be argued that about one-third of a lifetime is lost.
This thirtieth percentile attrition of the native population has prevailed throughout the twentieth
century; a situation clearly smacking of genocide.15 This last is, of course, a policy-driven
phenomenon, not something inadvertent or merely "unfortunate." Here, the BIA's exercise of trust
authority over native assets comes into play. While it has orchestrated the increasingly intensive
"development" of reservation lands since 1945, a matter which might logically have been expected to al-
leviate at least the worst of the symptomologies sketched above, the Bureau's role in setting the rates at
which land was/is leased and royalties for extracted minerals were/are paid by major corporations has
precluded any such result.I6 Instances in which the BIA has opted to rent out the more productive areas
on reservations to nonindian ranchers or agribusiness interests for as little as $1 per acre per year, and for
as long as 99 years, are legion and notorious.'? As to mineral royalties, the Bureau has consistently
structured contracts "in behalf of" Indians which require payment of as little as ten percent of market rates
while releasing participating corporations from such normal overhead expenses as the maintenance of
minimum standards for worker/community safety and environmental safeguards. In fact, most such
arrangements have not even provided for a semblance of postoperational clean up of mining and
processing sites.
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C) Genocide makes all their impacts and extinction inevitable.

Campbell ’01 (Kenneth J., Prof of Political Science & International Relations at the Univ of Delaware,
Genocide and the Global Village, p. 15-16)
Regardless of where or on how small a scale it begins, the crime of genocide is the
complete ideological repudiation of, and a direct murderous assault upon. the
prevailing liberal international order. Genocide is fundamentally incompatible with, and
destructive of, an open, tolerant. democratic, free market international order. As
genocide scholar Herbert Hirsch has explained. The unwillingness of the world
community to take action to end genocide and political massacres is not only immoral
but also impractical … [W]ithout some semblance of stability, commerce, travel, and
the international and intranational interchange of goods and information are subjected
to severe disruptions.3 Where genocide is permitted to proliferate, the liberal
international order cannot long survive. No group will be safe: every group will
wonder when they will be next. Left unchecked, genocide threat-ens to destroy
whatever security, democracy, and prosperity exists in the present
international system. As Roger Smith notes : Even the most powerful nations -
those armed with nuclear weapons may end up in struggles that will lead
(accidentally, intentionally. insanely) to the ultimate genocide in which they destroy
not only each other. but mankind itself, sewing the fate of the earth forever with a final
genocidal effort.4 In this sense, genocide is a grave threat to the very fabric of the
international system and must be stopped, even at some risk to lives and treasure.
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D) ALTERNATIVE ENERGY OFFERS NATIVE AMERICANS A WAY OUT OF

POVERTY. ALTERNTIVE ENERGY GIVES A UNIQUE OPPORTUNITY TO
GENERATE INCOME IN A WAY THAT IS COMPATIBLE WITH SELF-
DETERMINATION, SOVEREIGNTY AND TRADITIONAL VALUES.
Asmus ’98 (Peter, senior assoc at AHC group specializing in environ strategy“Landscapes of Power, Amicus Journal, Vol. 19,
Is. 4, PROQUEST)
When Peterson Zah, president and chairman of the Navajo Nation throughout the 1980s and early 1990s, spoke these words
several years ago, he was lamenting the effects of several coal and uranium strip mines and coal-fired power plants on Navajo
(and Hopi) land. Those developments, including the infamous Black Mesa mine of the Peabody Western Coal Company-one of
the largest coal strip mines in the United Stateswere approved in tribal council decisions that were and remain controversial
among tribe members. Over the years, the mines have ripped up land that is deeply sacred to both tribes, brought
health damage to mine workers and radioactive contamination to a local river, and, some tribal members
suspect, been the cause of gross deformities in newborn sheep and even of mysterious deaths. Yet these
mines are only some of the more egregious of the many destructive energy projects that corporate
America has brought to Indian Country. Many tribes have faced the painful dilemma of choosing to
accept or reject mining or drilling deals that would bring both environmental damage and desperately
needed income. Unemployment hovers around 35 percent on the Navajo Reservation, but it is less severe
than on many other reservations-on some, it can reach 90 percent-and energy development is a large part
of the reason. Some 70 percent of the work forces of the mines and power plants are Navajo, and they
provide about half of the tribe's revenues. In the past few years, a few Native Americans, as well as some
nonNative environmentalists, have begun looking to renewable energy sources as a possible way out of
this Hobson's choice. Reservations in the West were typically created on land that European Americans
did not want, whether because the soil was too poor, the water too scarce, or the elements too harsh-such
as fierce sun and relentless wind. Could solar and wind power help tribes change the rules of the energy
game on their lands, allowing them to develop economically while honoring a spiritual tradition that holds
the earth to be a living, sacred entity? A task force of Native Americans, environmentalists, renewable-energy
companies, and federal government officials has been created to look into the possibilities and recommend steps toward
realizing them. A small Department of Energy (DOE) program started disbursing grants to tribes for renewable energy and
energy efficiency in 1994; according to a paper by DOE's Stephen Sargent and Ernest Chabot, the program funded thirty-three
projects in its first two years. And, most importantly, many Native Americans are enthusiastic about the idea. "Now
is the perfect opportunity to shift gears and take a new direction," argued Zah at a 1993 conference on the topic, sponsored by
the nonprofit Center for Resource Management (CRM). "We have the space, the people, the land. What we are now doing [by
depending on coal] is going to be our downfall." For some, small-scale renewables offer a way to redress the fact that
many Native Americans, whose lands bring electric power to millions of other Americans, have no
electricity in their own homes. Notes Navajo energy consultant Harris Arthur, "some 25,000 Navajo, and
another 25,000 other Native Americans, do not currently have electricity." Remote Indian homes and
villages can be miles and miles away from transmission lines. The distance is cultural, as well; some
traditional Hopi, for instance, revere the spiritual power of the earth so greatly that they refuse to allow
infrastructure such as power lines to scar their land. Photovoltaic (PV) panels offer a solution that satisfies
both ancient cultural practices
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and future needs: small-scale solar energy systems that can be installed directly onto
homes without the need for power lines or for imported, polluting fuels. The few traditional
Hopi who currently enjoy solar electricity are enthusiastic about it, offering prayer feathers for
the power of the sun that electrifies their homes as they do for the gifts of crops, the rivers, and
the land. Harris Arthur has been preaching what he calls "the gospel of renewable energy" for
more than a decade, and now finally sees some light at the end of the tunnel. This past
September, he met with officials in DOE and the Environmental Protection Agency, and with key
federal legislators, to push a program of rural PV systems for the Navajo. Arthur argues that the
program would be a natural part of President Clinton's "Million Solar Roofs" initiative. If his
efforts for federal funding fall through, however, he intends to revive a bill "which was
filibustered to death" in the New Mexico legislature earlier this year-but has wide bipartisan
support. For others, the harnessing of solar and wind power represents primarily a
business opportunity for the reservations, one of the few such opportunities that are
compatible with the tribes' heritage of self-determination, sovereignty, and
environmental values. A few tribes are using renewables to bolster their existing
businesses; the Ute Mountain Utes of Colorado, for instance, are using PV-powered
pumps for watering livestock. And Paul Parker of CRM points out that the upheavals
now taking place in the national energy system are creating another possibility-that
Native American tribes could develop their energy resources and sell power to others.
Recent actions by the Federal Energy Regulatory Commission will open up the transmission
highways used to move bulk power throughout the country for use by anyone who wishes to
buy or sell. Corresponding state regulations and legislation will allow customers to choose new
power suppliers just as we now choose telecommunications companies. In these
circumstances, Parker says, tribes could emerge as suppliers of clean, renewable energy
to Indians and non-Indians alike. On the one hand, some Native American lands
feature the best solar and wind energy sites in the country. As renewables technology
advances, renewable energy is becoming ever more costeffective, and nowhere more so than
at sites like these. On the other, tribal sovereignty laws create legal powers on reservations
that other government entities lack. "At the institutional level, Native Americans have more
control over permits and can use tax-exempt financing if power projects are compatible with
their culture and goals," says Parker. According to a CRM report published in early 1997, tribes
have the legal authority to build power plants and transmission lines and to deliver electricity
at the retail level.
No other government entity has as many options for energy management. Parker envisions Native American tribes becoming
critical players in a national strategy to encourage widespread reliance on renewable energy. Starting in 1998, electricity
customers in California will have the choice of buying their power from environmentally sound suppliers. (See "Living Green,"
page 45.) Other states should be extending the option to their citizens in the not-so-distant future. Says Parker, "If people are
willing to pay more for green power, they might be even more interested in purchasing green power from Indian tribes. If tribes
were focused on the issue of renewables, they could become charismatic leaders for the entire nation, bringing their moral and
historical weight behind a national effort to choose clean power." The theory sounds good, but as even Parker admits, putting it
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into practice is another thing. If Native Americans are to reap the benefits of any kind of development on their lands, they will
have to take the lead in bringing it about. On many reservations,
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however, the pattern has far more often been one of exploitation by outside forces. "In the past, tribes have been passive," says
Parker. "They need to be aggressive in order to take advantage of the limited window of opportunity that exists with
deregulation" of the electricity industry. Marty Wilde is still more direct about the potential difficulties. Wilde, an engineer by
training, teaches math and science at the Blackfeet Community College near Browning, Montana. He points out that, for any
people beset by extreme povertyand 45 percent of all Native Americans have living standards below the level the federal
government defines as destitution-there are tremendous obstacles in the way of mustering the political will and financial clout
for home-grown economic development. Nevertheless, with the aid of a DOE grant, the Blackfeet have erected what Wilde
claims is the first wind turbine put up on tribal lands. The pilot project was partly a kind of public relations effort, aimed both
at building alliances with outside powers, such as universities, regional utilities, and state and federal government, and at
getting the Blackfeet themselves interested in the prospects for larger-scale wind power development. "It sits right dab in the
middle of the best wind site in the lower forty-eight," says Wilde of the 100kilowatt turbine, which was completed in May
1996. While some locations have higher average wind speeds, no other location boasts so large a potential wind development
area, notes Wilde. It is projected that 10,000 megawatts of wind power could be developed here, enough electricity to serve the
needs of more than a handfull of states. But Wilde makes it clear that one of the driving motivations behind the installation of
the turbine was for the Blackfeet to undertake a development project on their own, rather than have outsiders do it for them-
and quite possibly take advantage of them or mismanage the project, as has often been the case. The installation is "a glowing
example of how local people took the initiative," he says. "Historically, hustlers have promised the world to these tribes, only
to let them down time and time again. This project could be a major moral boost that will allow the Blackfeet
tribes to determine their own destiny." The Spirit Lake Sioux of North Dakota have now also installed a wind
turbine, to power their casino. By 1996, DOE had given grants toward four other wind projects. And there have been other
promising developments. The Jicarilla Apache tribe, for example, is looking to establish a tribal utility authority. Ideally, they
hope to integrate the functions of generating, transmitting, and distributing power, in order to serve the needs of isolated
customers scattered throughout the tribe's vast land holdings-almost 1 million acres near the New Mexico-Colorado border. A
mix of small wind-turbine and photovoltaic plants, as well as state-of-the-art hydroelectric and clean-
burning natural-gas plants, could reduce nuclear and coal consumption in the region. According to Wyatt
Rogers, a consultant to the Denver, Coloradobased Council of Energy Resource Tribes, one of the bright spots for wind
developers in Western reservations is that "the fastest-growing U.S. power markets are near by"-Seattle and the rest of the
Pacific Northwest. The Council has worked primarily with traditional power sources such as coal, but Rogers, himself a Native
American, is trying to prod it to explore renewables as well. They "fit in with our traditional philosophy," he
says. "Sources of natural energy that can be regenerated are definitely preferred over sources that must be
wasted." All told, the federal government recognizes the sovereignty of over 500 different American Indian tribes and Native
Alaskan groups. Nearly all have long-established land holdings, independent tribal governments, and a growing demand for
more energy to fuel emerging economies. Today, tribal memberships are growing at an average annual rate of more than 3
percent, which makes them the fastest-growing demographic group in the United States after immigrant populations. Will
tribes be able to use the sun and wind to contribute to the worldwide effort to build societies more in
harmony with nature? The task force on Native American renewables believes it will take more efforts by
tribes to set up energy authorities like the one planned by the Jicarilla Apache, more work by renewable energy
companies to form partnerships with tribes, and more funding and technical assistance from the federal
government. But the rewards could be great. The damage fossil-fuel development has wreaked on tribal
lands underscores the poverty of this country's energy and natural resource policies. Renewable energy
represents a way for tribes to join the power of their traditional beliefs with the power of advanced
technology.
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ADVANTAGE 2: SELF-DETERMINATION AND SOVEREIGNTY
A) CURRENT POLICIES UNDERMINE SOVEREINGTY – A NATION-BUILDING

APPROACH LIKE THE PLAN WILL INCREASE ECONOMIC SELF-
DETERMINATION
Shahinian ’08 (Mark Shahinian, 3rd year law student at University of Michigan, “Special Feature:
The Tax Man Cometh Not: How the non-transferability of tax credits harms Indian tribes”
American Indian Law Review, 32 Am. Indian L. Rev. 267)
Tribal sovereignty may be the number one concern of tribes. Indeed, one prominent legal scholar
identifies the right of self-government as the tribes' most valuable reserved right. n90 Historically, tribes
have had good reason to fear a loss of sovereignty, n91 and modern jurisprudence has done little to
assure them of their long-term status. n92
In narrow terms, allowing tribes to develop and own their own wind generation will give them more
control over their resources, thus increasing tribal sovereignty. In broader terms, increased
economic self-determination - and specifically the ability of a local population to use and manage
resources - is at the heart of many of the concerns about sovereignty around the world, from the
debate over free trade n93 to the rapidly developing jurisprudence concerning the efforts of
California and northeastern states to impose restrictions on greenhouse gas emissions. n94
Policymakers have thrown strong weight behind the idea that increased development of tribal
energy and natural resources leads to increased tribal sovereignty. The Reagan Administration, for
example, believed that strengthening tribal governments could be accomplished by resource
development. The 1983 policy statement quoted above noted, "[t]his [*289] Administration
pledges to assist tribes in strengthening their governments by removing the federal impediments to
tribal self-government and tribal resource development."
The Reagan administration's philosophy was still prominent in 2005, when Congress passed the
Energy Policy Act of 2005. Section 503(a)(1) of the 2005 Act reads, "To assist Indian tribes in the
development of energy resources and further the goal of Indian self-determination, the Secretary
shall establish and implement an Indian energy resource development program" n95
In the Senate Report on the Energy Policy Act of 2005, the Energy and Natural Resources
committee wrote:
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The Committee believes that the provisions contained in this legislation, especially when combined
with the tax provisions to be offered from the Finance Committee, are the genesis for improving the
national security of this Nation, enhancing the environment, strengthening self-government for
Native American communities, decreasing dependence on foreign sources of energy, aiding the economy,
and diversifying the energy base of the country. n96
Note that the Senate Report specifically mentioned the tax provisions to be offered from the Finance Committee. In
fact, language in the Act itself indicates that Congress may have wanted to address tribal tax issues at a later date.
Section 503 further provides the "Secretary of Energy shall submit to congress a report on the financing requirements of
Indian tribes for energy development on Indian land." n97
D. Importance of Business Driven Follow-up
Making the PTC tradable for tribes, as part of a program to make all tax credits tradable for tribes, would
have a positive economic impact on tribes. But to fulfill its potential, a tradable tax credit must be enacted as part of
broader legislation to bolster tribal economic development. Or, as one scholar put it, "A federal Indian policy that
focuses on the exploitation of tribal natural resources, and not on the development of tribal economies, is doomed to
resistance and failure." n98
Much research has been done over the past decade on the factors that make tribal economies prosper, notably by
Stephen Cornell, Joseph Kalt, Jonathan [*290] Taylor and their colleagues at the Harvard Project on American Indian
Economic Development. n99 The main points of the research stress tribal governance, the importance of tribal
sovereignty, tribal corporate governance and the need to think broadly about economic development in order for tribal
enterprises to succeed.
Cornell and Kalt, in particular, stress a nation-building approach:
A nation-building approach to development doesn't say, "let's start a business." Instead, it says, "let's
build an environment that encourages investors to invest, that helps businesses last, and that allows
investments to flourish and pay off." A nation-building approach requires new ways of thinking about and
pursuing economic development. Telling the planning office to go get some businesses going doesn't begin to crack the
problem. The solutions lie elsewhere: in the design and construction of nations that work. n100
New ideas in tax credits and other tax incentives for tribes can be a part of this nation-building
approach, by laying the fiscal framework for tribal business to prosper. But tax credits will only be
a part of the solution - moving toward tribal economic development will require much broader
effort than tax credits alone, and Congress should be cautioned against thinking that solving the
PTC transferability problem will prove a magic bullet for tribes.
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B) Suppression of self determination triggers war
Morris ‘99 (Glenn, Professor of the Fourth World Center for the Study of Indigenous Law and Policy at
the University of Colorado,Native American Sovereignty, p. 324-325)
More important, the purpose here is to indicate that through the application of contemporary
principles of international law, particularly in the area of decolonization and self-determination,
indigenous peoples must ultimately be entitled to decide for themselves the dimensions of their
political, economic, cultural, and social conditions. It must be emphasized that the construction of this
position is not based in the supposition that because indigenous peoples constitute ethnic or cultural
minorities in larger societies they must be protected due to that status. Rather, the position is that
since Europeans first wandered into the Western hemisphere they have acknowledged the unique
status of indigenous peoples qua indigenous peoples. That status is only now being reacknowledged
through the application of evolving principles of positive and customary international law. While such
assertions may seem novel and untenable at present, it should be recalled that just forty years ago,
tens of millions of people languished under the rule of colonial domination; today, they are politically
independent. Central to their independence was the development and acceptance of the right to self-
determination under international law. Despite such developments, many colonized peoples were
forced by desperate conditions to engage in armed struggle to advance their legitimate
aspirations. Similarly, for many indigenous peoples few viable options remain in their quest for
control of their destinies. Consequently, a majority of the current armed conflicts in the world are
not between established states, but between indigenous peoples and states that seek their
subordination.
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C) A right to Self Determination will maintain indigenous peoples’ connection to the land and their
cultural identity
Quane ‘05 [Helen, Lecturer in Law, University of Wales, Swansea, United Kingdom]“The Rights of
Indigenous Peoples and the Development Process” The Johns Hopkins University Press Human Rights
Quarterly 27.2 (2005) 652-682)
The article begins with a brief examination of the definition of an "indigenous people." It then
examines the scope of several rights claimed by indigenous peoples. The emphasis is on rights of
particular significance to indigenous peoples in a development context, namely, the right to self-
determination, the right to participate in public affairs, and the right to enjoy one's culture.
As previously noted, the right to self-determination underpins all other claims advanced by
indigenous peoples. If they are successful in claiming this right, it could be used to exert
greater control over development projects on ancestral lands such as the construction of dams,
the extraction of mineral resources, and the use of traditional plants and indigenous
knowledge for pharmaceutical products. In the present context, [End Page 656] the right to
participate in public affairs could be significant in enabling indigenous peoples to participate
effectively in the formulation of development projects that affect them. Finally, the right to enjoy
one's own culture could have important implications in a development context given the close
connection between lands traditionally owned or occupied by indigenous peoples and the
preservation of their cultural identity. For this reason, the right to enjoy one's culture could have
an impact on development projects affecting indigenous land and resources.
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D) Indigenous self determination is key to biodiversity

Suagee ’99 (Dean B., Director, First Nations Environmental Law Program, Summer, 1999, Arizona State
Law Journal, 31 Ariz. St. L.J. 483, LEXIS)
In tribal cultures, places that are regarded as sacred tend to be located in places where the web of
life has not yet been disrupted by human activity. The web of life in such places may reflect
hundreds or thousands of years of the presence of human cultures, but the web has not been ripped
apart by the kinds of activities that industrialized cultures allow to take place under the banner of
"development." Many of the non-human kinds of living things that make up the web of life in such
places- what human policy-makers now call "biological diversity" or "biodiversity"-hold
significance in tribal [*488] religions and cultures: eagles, wolves, salmon, ravens, coyotes, buffalo,
cedar, sage, sweetgrass, to mention just a few. Because tribal cultures are rooted in the natural
world, protecting the land and its biological communities tends to be a prerequisite for cultural
survival. Much has been written about whether or not tribal cultures embody values that can be
described as environmental ethics, or, to frame the inquiry in the past tense, whether or not the
cultural values and practices of tribal peoples enabled them to provide for human needs and wants
without causing irreparable damage to their environments. Professor Rebecca Tsosie recently
reviewed a substantial amount of the literature on this topic and concluded, after raising the usual
cautions about generalizations, that, for most indigenous cultures of North America, traditional
Indian world views can be described as having several common aspects: a perception of the earth as
an animate being; a belief that humans are in a kinship system with other living things; a perception
of the land as essential to the identity of the people; a concept of reciprocity and balance that
extends to relationships among humans, including future generations, and between humans and the
natural world. A basic premise of this article is that the objectives of the movement to preserve
biodiversity will be served by recognizing the human rights of indigenous peoples. The most
effective way to make use of their traditional ecological knowledge is to recognize the rights of
indigenous peoples to govern their own territories. The national and sub-national governments
of the world should support these rights by showing the same kind of respect toward
indigenous peoples that they show in their interactions with other governmental entities. This
premise is based, in part, on the historical experience in the United States, which has shown that
tribal self-government is a prerequisite for cultural survival.
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E) Loss of biodiversity risks ecological collapse and human extinction.

Diner ’94 (David N. B.S. Recipient. Ohio State University. J.D. Recipient. College of Law. Ohio State
University. LL.M. The Judge Advocate General’s School. United States Army. Judge Advocate’s
General’s Corps. United States Army. “The Army and the Endangered Species Act: Who’s Endangering
Whom?” Military Law Review. 143 Mil. L. Rev. 161. Winter, 1994. Lexis-Nexis.)
No species has ever dominated its fellow species as man has. In most cases, people have assumed the God-like power of
life and death -- extinction or survival -- over the plants and animals of the world. For most of history, mankind pursued this
domination with a singleminded determination to master the world, tame the wilderness, and exploit nature for the
maximum benefit of the human race. n67 Inpast mass extinction episodes, as many as ninety percent of the existing species
perished, and yet theworld moved forward,and new species replaced the old. So why should the world be concerned now?
The prime reason is the world's survival. Like all animal life, humans live off of other species. At some point, the number of
species could decline to the point at which the ecosystem fails, and then humans also would become extinct.
No one
knows how many [*171] species the world needs to support human life, and to find out -- by
allowing certain species to become extinct -- would not be sound policy. In addition to food, species
offer many direct and indirect benefits to mankind. n68 2. Ecological Value. -- Ecological value is the
value that species have in maintaining the environment. Pest, n69 erosion, and flood control are prime
benefits certain species provide to man. Plants and animals also provide additional ecological
services -- pollution control, n70 oxygen production, sewage treatment, and biodegradation. n71 3.
Scientific and Utilitarian Value. -- Scientific value is the use of species for research into the physical processes of the world.
n72 Without plants and animals, a large portion of basic scientific research would be impossible. Utilitarian value is the
direct utility humans draw from plants and animals. n73 Only a fraction of the [*172] earth's species have been examined,
and mankind may someday desperately need the species that it is exterminating today. To accept that the snail darter,
Many, if not
harelip sucker, or Dismal Swamp southeastern shrew n74 could save mankind may be difficult for some.
most, species are useless to man in a direct utilitarian sense. Nonetheless, they may be critical in
an indirect role, because their extirpations could affect a directly useful species negatively. In a
closely interconnected ecosystem, the loss of a species affects other species dependent on it. n75
Moreover, as the number of species decline, the effect of each new extinction on the remaining
species increases dramatically. n76 4. Biological Diversity. -- The main premise of species preservation is that
diversity is better than simplicity. n77 As the current mass extinction has progressed, the world's biological diversity
generally has decreased. This trend occurs within ecosystems by reducing the number of species, and within species by
reducing the number of individuals. Both trends carry serious future implications. Biologically
diverse ecosystems
are characterized by a large number of specialist species, filling narrow ecological niches. These
ecosystems inherently are more stable than less diverse systems. "The more complex the ecosystem,
the more successfully it can resist a stress
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. . .[l]ike a net, in which each knot is connected to others by several strands, such a fabric can resist collapse better than a
simple, unbranched circle of threads -- which if cut anywhere breaks down as a whole." n79 By causing widespread
extinctions, humans have artificially simplified many ecosystems. As biologic simplicity increases,
so does the risk of ecosystem failure. The spreading Sahara Desert in Africa, and the dustbowl conditions of the
1930s in the United States are relatively mild examples of what might be expected if this trend continues. Theoretically,
each new animal or plant extinction, with all its dimly perceived and intertwined affects, could
cause total ecosystem collapse and human extinction. Each new extinction increases the risk of
disaster. Like a mechanic removing, one by one, the rivets from an aircraft's wings, [hu]mankind
may be edging closer to the abyss.
**This card has been gender-modified**
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THUS WE OFFER THE FOLLOWING PLAN:
The United States Federal Government

should create a permanent transferable
production tax credit for the production of
electricity from wind-based sources, to be
given to Native American nations in the
United States.
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OBSERVATION TWO: SOLVENCY
A) Giving tradable PTCs to Native Americans solves for pollution by

reducing reliance on fossil fuels
Melmer ’07 (David, , “Western Governors’ Hot Topic is Alternative Energy,” June 27
http://www.indiancountry.com/content.cfm?id=1096415264, accessed 7/23/08)
Discussions over clean energy opened the 2007 Western Governors' Association's recent annual meeting in the Black Hills. Ten
of the 19 governors were in attendance and elected officials from Canada were also present. Clean energy was not the only
topic for the meeting June 10 - 12, but it took up a good portion of event. Carbon capturing and sequestration, or CCS - the
process of capturing CO2 emissions for storage underground - was discussed at length. Western
states have had to rely
most recently on fossil fuel as a power source because a seven-year drought has substantially reduced the
flow of water to hydroelectric dams on the Missouri River. The hydro power from those dams is allocated through
the Western Area Power Administration. The abundance of coal reserves in the Western region, especially in Wyoming and
parts of Montana, could provide the needed energy source to power a large part of the country, but with an adverse
environmental impact. CCS would lesson that impact, scientists told the governors. The governors sought ways to create viable
alternative energy, such as wind power, which is nearly continuously available in many Western states.
Wind farms are
cropping up in many areas, and although wind energy may not be used as a main source of power,
according to wind power advocates, it will lower the emission of CO2 by reducing the dependence on
coal and oil. Tests have shown that South Dakota has earned the label of the ''Saudi Arabia of wind
power.'' Six of South Dakota's tribal reservations are located in the western part of the state, where tests
have proven there is plenty of wind. Tribes with the will to construct wind farms for economic
development, however, do not have the financial wherewithal to partner with developers to create the
wind farms on tribal lands. And most of the land on which wind farms would be constructed are privately
owned or not near a power grid system on which to connect, which creates problems in siting wind farms.
The tribes are at a disadvantage because they are not allowed to use the Production Tax Credit as an
incentive for developers. PTC provides a 1.9 cent-per-kilowatt-hour (kWh) tax credit for electricity
generated for the first 10 years of a renewable energy facility's operation. The Intertribal Council on
Utility Policy asked the governors to sign on to a letter that would request congressional committees to
pass House Bill 1956, which would change the IRS rules to allow tribes to be part of the PTC for
alternative energy. The PTCs are very important for the growth of wind energy. Much of the wind energy
and the potential economic growth for tribes lie with the approval of the PTCs. ''As you are well aware, we
have tremendous wind resources across the state of South Dakota with over 269,120 MW of Class 4-6 wind on tribal lands
alone,'' said Intertribal COUP President Pat Spears in a letter to South Dakota Gov.
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Mike Rounds, outgoing chairman of the WGA. The goal of the WGA is to provide 30,000 MW of power for the Western states
with alternative energy sources by the year 2015. Tribes will provide 80 MW of power for their tribal members on the
reservations, and will also be able to access rural electric systems and Western Area Power Administration markets with
additional power production. They can't without conference, Rounds was asked what South Dakota was doing to encourage
wind energy development among the tribes. He said the state welcomes and encourages the development of resources on tribal
lands. ''It was encouraging, I thought,'' said Chip Comins, filmmaker with American Spirit Productions and a board member of
Native Wind. Spears said he has tried for more than a year to get Rounds to agree to a meeting and work with the tribes and to
comment on a letter sent to him about the tax credit. ''One staff member brought up a concern about another tribe investing in a
wind project here. I said, 'That can't happen; they can't use the tax credit, either.' ''He said, 'We would rather see it local.' There
is nothing more local than tribal lands,'' Spears said. Developers from out of state can receive tax credits. There are no
developers in South Dakota. Several years ago, the Senate supported the tax credit measure for tribes, but it did not receive the
support of the House. The WGA's support would help passage of H.R. 1956 to allow tribes to partner with developers with tax
incentives. More than 35 cities support tribal wind energy development, including many who receive WAPA hydropower
allocations that are now 85 percent dependent on carbon-emitting fuels. Without
the PTC, tribes will not have access
to private capital for investment at the same level as other developers, Intertribal COUP claims. The
second and final day of the governor's conference was devoted to carbon emission, and to develop a
method of dealing with Congress on this environmental issue.
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B) PTC for tribes is a targeted fix to the problem and does not require
revisions of the tax code - which enhances sovereignty and solves for
resource shortfalls
To help resolve the problems outlined above, Congress should institute tax- credit tradability for
tribes, including a tradable PTC. Congress should change the current non-assignable status of tax
credits and allow tribes to trade their tax credits to business partners with tax liabilities in return for
cash, equity or other consideration equal to the value of the credits minus any (presumably minor)
transaction costs. This is a narrow, targeted fix to a problem, which does not require large-scale
revisions of the tax code or of the federal-tribal [*283] relationship. With this sort of provision in
place, tribes could become involved in businesses that make heavy use of tax credits.
A. Tradable PTC is Win-Win
Tradable tax credits would be an ideal solution for all parties - tribes, government and private
business. Tribes would gain economic development opportunities; government would be able to
further promote the business ventures it is trying to encourage through the tax code and would
reduce tribal dependency on federal dollars; private business would be able to partner (and profit)
with tribes in developing an important natural resource. Each party would bring something to the
table. The tribes would contribute the resources - land, wind and labor. The outside investor would
contribute the capital. The federal government would contribute the tax credits. The tribes and the
outside investor would be partners, both sharing in the venture's profits. The tribe would take much
of the cash flow, while the outside equity investor would take all of the tax credits and, depending
on the arrangement, some of the cash flow from the project.
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C) FAILURE TO TRANSITION TO ALTERNATIVE ENERGY MAKES US COMPLICIT

IN CULTURAL GENOCIDE
Suagee ’92 (Dean, JD University of North Carolina, “Self-Determination for Indigenous Peoples at
the dawn of the solarage” 25 U. Mich. J.L. Reform 671, Spring/Summer 1992, LEXIS)
In this part of the Article, I offer a brief review of the pursuit of economic growth and economic
development by the states of the world in the latter half of this century, including the emerging
consensus that development must be "sustainable" and the lack of consensus on just what the word
"sustainable" means. I then briefly review the evidence which indicates that (in the context of energy
development at least) to be sustainable, energy development requires a worldwide shift from
technologies that consume fossil fuels to technologies that derive useful energy from the sun and from
natural forces and processes that are driven by solar energy. The evidence suggests that we really have
no choice; rather, the issue is how much global climate change we are willing to accept before we
commit ourselves to achieving this transition. The concluding section of this part discusses some of the
ways in which conventional energy development already has devastated and continues to threaten
indigenous peoples. My point is that by delaying the commitment to bring about the transition to the
solar age, we accept not only the global climate change that will accompany delay but also the cultural
genocide of some of the world's remaining indigenous peoples.
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INHERENCY
LACK OF A PRODUCTION TAX CREDIT SERVES AS A DIS-INCENTIVE FOR NATIVES AND

PREVENTS DEVELOPMENT OF ALTERNATIVE ENERGY
InterTribal Council on Utility Policy ’06 (“An Intertribal COUP Background Policy Paper for a
Comparable and Appropriate Tribal Energy Production Incentive”, 6-21-06,
http://www.intertribalcoup.org/policy/index.html, Accessed 7/24/08)
Current federal renewable energy incentives serve to underwrite the productive

development of a variety of renewable energy resources. Federal incentives, such
as the Production Tax Credit (PTC), the Renewable Energy Production Incentive
(REPI), and the Clean Renewable Energy Bonds (CREBs), have all been designed to
meet the needs of a variety of entities (for-profit developers, municipal utilities,
cooperatives, and other non-profit public power entities). But these incentives were
not designed expressly for Tribes, ironically the only group that the federal
government has an explicit trust responsibility to assist in economic development.
While Tribes have been recently included in the eligibility of several of these
renewable energy incentive programs (usually as an afterthought), none have been
designed or adapted to meet their unique situation, as governments with abundant
trust assets, but with limited practical access to long-term financing, and with
limited control over their membership as a rate base for competitive commercial
development on or off their reservations. Tribally specific programs under the 1992
and 2005 energy policy acts have been routinely under-funded to adequately assist
Tribes in full scale economic development of multi-megawatt renewable energy
projects. Where significant funding has, in some cases been authorized, adequate
corresponding appropriations have failed to follow. Under the energy policy act of
1992, $10 million dollars had been authorized for each of the DOI and DOE tribal
renewable energy programs for tribal renewable projects, but the DOI has never
requested any funding under this title, and the requests of DOE are always
significantly reduced through lower appropriations, and then further reduced, by the
practice of earmarks. Direct federal funding, to the extent authorized for large
commercial tribal projects serving loads beyond the local rural areas, is unlikely to
be actually available due to the constraints and limitations on appropriated federal
support.The federal renewable energy incentives, as designed, are problematic for
Tribes, in that they are both insufficient and inappropriate as drivers of tribal
development as presently configured. The presently formulated federal incentives
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have actually worked as dis-incentives in the unique context of tribal renewable
energy development.
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INHERENCY
The current Production Tax Credit penalizes those who try to invest in
tribal alternative energy
InterTribal Council on Utility Policy, 06 (“An Intertribal COUP Background Policy

Paper for a Comparable and Appropriate Tribal Energy Production Incentive”, 6-21-6,
http://www.intertribalcoup.org/policy/index.html, Accessed 7/23/08)
The PTC, coupled with the ability to depreciate the capital investment in project
assets, can provide for much lower costs of power than any of the other federal
incentives. The PTC is inapplicable, however, as an incentive to tribally-owned
projects because Tribes, as governments, have no federal tax liability against
which to use the credits, and outside investors seeking to joint venture with a
Tribe are penalized with the loss of the PTC to the extent of tribal ownership in the
partnership. Clearly, the PTC has been a very effective incentive in the
commercial arena, as witnessed by the fact that construction and investment halt
each time the PTC expires, rippling economic dislocation throughout the industry.
Since it was designed to make renewable energy competitive with other
subsidized power sources, when the PTC is in place, power purchasers assume in
their tariffs that the credits will be utilized by their wind suppliers. Thus, the PTC
becomes a two-cent per kWh penalty for Tribal projects that can not utilize the
production tax credit.
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INHERENCY
Clean Energy Tax Stimulus Act tax credits currently inapplicable to tribal
wind projects
Capriccioso ‘08
(Rob, Indian Country Today, “Tribes look for federal wind energy incentives”, 4-11-8,
http://www.indiancountry.com/content.cfm?id=1096417367)
In recent weeks, Sen. John Thune, R-S.D., co-sponsored the bipartisan Clean
Energy Tax Stimulus Act of 2008, which would extend the renewable
energy production tax credit for one year. The current production tax credit
incentive of 2 cents per kilowatt-hour is scheduled to expire in December. Thune's
proposed production tax credit would only benefit entities that already
have profits from wind energy production, but the legislation also includes
bond funding that tribes could apply for to help establish wind energy
projects. Thune and other wind energy proponents in the Senate say they want
to extend the production tax credit so that wind energy developers have certainty
when it comes to future projects. Whether their mission includes certainty
for tribal entities remains to be seen. Few, if any, tribes have been able
to take advantage of the production tax credits offered to date because
many tribes that have been able to create wind energy projects have
relied on non-Native developers to help them get projects off the
ground. Under current law, tribes are not entitled to the tax credits
provided to non-Native developers for renewable energy production
because tribes have a tax-exempt status. Tribal energy experts say it's
important for tribes to be reaching out to Congress regarding the tax-
exempt issue, since it likely discourages non-Native developers from
wanting to work with tribes.
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INHERENCY: NATIVES LACK POWER
Indian reservations lack power.

Gough, 04 (Robert, Former director of the Rosebud Sioux Tribe Utility Commission, Secretary of the
Intertribal Council On Utility Policy, “Tribal Wind Power Development in the Northern
GreatPlains,”19NaturalResourcesandEnvironment,Issue2-Fall,2004,
http://heinonline.org/HOL/Page?collection=journals&handle=hein.journals/nre19&div=31&size=2&rot=
0&type=image, Accessed 7/22/08)//amanda
Indian country is extremely rich in natural and cultural resources, yet economically it is the poorest part of
America. Indian reservations have long suffered the disproportionate impacts of extractive energy
development relative to the benefits derived from their contributions to the national energy economy.
While Indian lands have historically been the site of third-party energy resource extraction of coal, gas,
oil, uranium, and hydropower, the resident tribal communities are the limited end-use consumers of
relatively higher-priced energy services. According to a 2000 Energy Information Administration report,
if you live on an Indian reservation, you are ten times more likely to lack electrification than anywhere
else in America, and if you have access to electricity, you pay a significantly higher proportion of your
household income for that service. EXECUTIVE SUMMARY, U.S. DEPARTMENT OF ENERGY,
INDIAN ENERGY REPORT: ENERGY CONSUMPTION AND RENEWABLE ENERGY
DEVELOPMENT POTENTIAL ON INDIAN LANDS (Apr. 2000) at
www.eia.doe.gov/cneaf/solar.renewables/ilands/ ilandssum.html.
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INHERENCY: ONLY 1 WIND DEVELOPM NOW
ONLY ONE MAJOR WIND DEVELOPMENT EXISTS ON NATIVE LANDS IN THE

U.S.
Yet tribes cannot fully participate in the renewable energy industry because of their tax status
and their lack of ability to use the tax credits the federal government allocates to renewable
energy companies. Despite the current wind boom, reservations have not become wind
development sites. In fact, [*272] only one major wind development exists on an Indian
reservation in the U.S. - a 50MW project on the land of the Campo Band of Kumeyaay Indians
near San Diego, Calif. n22
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GENOCIDE ADV EXT: NATIVES ARE TARGETS
ECONOMIC INEQUALITY MAKES NATIVE LANDS TARGETS FOR POLLUTING

INDUSTRIES
BROOK ’98 (Dan, Cal-Berkley Soc Prof, "The Environmental Genocide: Native Americans and Toxic
Waste." American Journal of Economics and Sociology, January 1998)
One very significant toxic threat to Native Americans comes from governmental and commercial
hazardous waste sitings. Because of the severe poverty and extraordinary vulnerability of Native
American tribes, their lands have been targeted by the U.S. government and the large corporations as
permanent areas for much of the poisonous industrial by-products of the dominant society. "Hoping to
take advantage of the devastating chronic unemployment, pervasive poverty and sovereign status of
Indian Nations", according to Bradley Angel, writing for the international environmental organization
Greenpeace, "the waste disposal industry and the U.S. government have embarked on an all-out effort to
site incinerators, landfills, nuclear waste storage facilities and similar polluting industries on Tribal land"
(Angel 1991, 1).
Laws concerning the environmental safety and preservation of historic

sites don’t stop toxic waste on Native American lands
Conant ’07 (Jeff, “Speaking Dine to Dirty Power: Navajo Challenge New Coal-Fired Plant” Corp Watch.
April 3, http://www.corpwatch.org/article.php?id=14435 date accessed:7/24/08)
“They only recognize our sovereignty when they want to dump toxic waste on us,” says Lori Goodman,
spokesperson for Diné CARE, (Diné Citizens Against Ruining our Environment), She charges that Sithe
is benefitting from “Dick Cheney’s secret meetings with the energy companies” that resulted in the
Energy Policy Act of August 2005. A provision of this act known as the Tribal Energy Resource
Agreements (TERA) made it unnecessary for Indian nations to follow national laws such as the National
Environmental Policy Act (NEPA) and the National Historic Preservation Act.
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GENOCIDE ADV EXT: NATIVES ARE TARGETS
The US has historically exposed tribes to dangerous radioactivity and

treated them badly in general.
LaDuke, 1999 (Winona, Native environmental activist, All Our Relations: Native Struggles for Land and
Life, South End Press, 1999, p.99
http://books.google.com/books?id=S2avAZImrSEC&printsec=frontcover&dq=Winona+LaDuke&sig=A
CfU3U3N3nfh6IaKUuXfXBzYkZjkbUGjVQ, Accessed 7/23/08.)
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GENOCIDE ADV EXT: TOXIC DUMPING = GENOCIDE
TOXIC THREATS AMOUNT TO A CULTURAL GENOCIDE TOWARDS NATIVE AMERICANS
Genocide against Native Americans continues in modern times with modern techniques. In the past,
buffalo were slaughtered or corn crops were burned, thereby threatening local native populations; now the
Earth itself is being strangled, thereby threatening all life. The government and large corporations have
created toxic, lethal threats to human health. Yet, because "Native Americans live at the lowest
socioeconomic level in the U.S." (Glass, n.d., 3), they are most at risk for toxic exposure. All poor people
and people of color are disadvantaged, although "[f]or Indians, these disadvantages are multiplied by
dependence on food supplies closely tied to the land and in which [toxic] materials . . . have been shown
to accumulate" (ibid.). This essay will discuss the genocide of Native Americans through environmental
spoliation and native resistance to it. Although this type of genocide is not (usually) the result of a
systematic plan with malicious intent to exterminate Native Americans, it is the consequence of activities
that are often carried out on and near the reservations with reckless disregard for the lives of Native
Americans.(1)
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GENOCIDE ADV EXT: TOXIC DUMPING = GENOCIDE
TOXIC WASTE IS A THREAT TO SOVEREIGNTY AND CONTINUES THE ON-

GOING GENOCIDE OF NATIVE AMERICANS
A second problem that Native Americans must confront when toxic waste is dumped on their lands is the
issue of tribal sovereignty, and more specifically the loss of this sovereignty. "Native American
governments retain all power not taken away by treaty, federal statute, or the courts. As an extension of
this principle, native governments retain authority over members unless divested by the federal
government" (Haner 1994, 109-110). Jennifer Haner, a New York attorney, asserts that illegal dumping
threatens tribal sovereignty because it creates the conditions that make federal government intervention on
the reservations more likely (ibid., 121). The federal government can use the issue of illegally dumped
toxic waste as a pretext to revert to past patterns of paternalism and control over Native American affairs
on the reservations; Native Americans are viewed as irresponsible, the U.S. government as their savior.
Less abstract examples of threats to sovereignty include the experience of the Kaibab-Paiute Tribe. The
Waste Tech Corporation "wanted to restrict the Kaibab-Paiute Tribe from having full access to their own
tribal land . . . [and also wanted] the unilateral fight to determine where access roads would be built, and
the unilateral right to decide to take any additional land they desired" (Angel 1991, 3). Another concrete
example is Waste Management, Inc.'s attempt to curtail the powers of the Campo Environmental
Protection Agency and to dilute other tribal regulations. Amcor officials at the Pine Ridge Reservation in
South Dakota, as a further example, sought exemption from any environmental laws mandated for tribal
lands after the contract was signed. All of these acts are threats to the sovereignty of Native American
tribes and contribute to the genocidal project.
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GENOCIDE EXT: OBLIGATION TO END IT
CULTURAL GENOCIDE HAS OCCURRED TO NATIVE AMERICANS AND IT IS OUR

DUTY TO END IT
Suagee ’92 (Dean, JD University of North Carolina, “Self-Determination for Indigenous Peoples at
the dawn of the solarage” 25 U. Mich. J.L. Reform 671, Spring/Summer 1992, LEXIS)
Indigenous peoples have the collective and individual right to be protected from cultural genocide,
including the prevention of and redress for:
(a) Any act which has the aim or effect of depriving them of their integrity as distinct societies, or of
their cultural or ethnic characteristics or identities;
(b) Any form of forced assimilation or integration by imposition of other cultures or ways of life;
(c) Dispossession of their lands, territories or resources;
(d) Any propaganda directed against them. n101
Under the Working Group's definition, cultural genocide has taken place all over the world, even
recently in the United States. For instance, the United States' "termination" policy of the 1950s
[*697] and early 1960s clearly fits the concept. n102 Racial prejudice and notions of racial superiority
provide the rationalizations for cultural genocide. n103 Despite the human rights norm inherent in the
Genocide Convention that all cultural groupings have the right to exist, n104 the destruction of
indigenous peoples continues, in part because of the notion that indigenous ways of life are somehow
inferior to those of modern industrialized societies. Those who seek to defend the rights of indigenous
peoples must work to make this notion simply untenable. Indigenous peoples believe that their right
to survive and to control their own territories should be respected not only because they are entitled to
basic human rights but also because they have some values and wisdom to share with the other
peoples of the Earth. To put an end to the destruction of indigenous peoples, indigenous rights
advocates must help the rest of the world to see that there is real value in what indigenous peoples
have to offer, especially in their spiritual relationships with the Earth and with nonhuman living
things.
Those who would defend the human rights of indigenous peoples can draw many lessons from the
long history of the relations between the United States and the indigenous tribes and nations of North
America. Although the autonomy possessed by Indian tribes in the United States is less than ideal,
tribes do exercise a broad range of governmental powers, and the simple fact that more than 500
federally recognized tribes continue to exist in the United States n105 suggests that positive as well as
negative lessons may be drawn. Two of the most important lessons are: (1) forced assimilation does
not work and (2) local autonomy and self-government can work. In my view, these two lessons are
fundamental for the survival of indigenous peoples throughout [*698] the world. n106 The next part of
this Article examines tribal autonomy in the United States in some detail, with an emphasis on tribal
authority for protection of the environment and the preservation of tribal cultures.
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GENOCIDE ADV: A/T: NATIVES WANT TOXICS
Economic situation drives Native American tribes to cooperate with

polluting industries.
Brook ‘98
(Dan, Cal Berkley Sociology Prof "The Environmental Genocide: Native Americans and Toxic Waste."
American Journal of Economics and Sociology, January 1998,
http://findarticles.com/p/articles/mi_m0254/is_n1_v57/ai_20538772/pg_1?tag=artBody;col1)
In fact, so enthusiastic is the United States government to dump its most

dangerous waste from "the nation's 110 commercial nuclear power plants"
(ibid., 16) on the nation's "565 federally recognized tribes" (Aug 1993, 9) that it
"has solicited every Indian Tribe, offering millions of dollars if the tribe
would host a nuclear waste facility" (Angel 1991, 15; emphasis added).
Given the fact that Native Americans tend to be so materially poor, the
money offered by the government or the corporations for this "toxic trade"
is often more akin to bribery or blackmail than to payment for services
rendered.(2) In this way, the Mescalero Apache tribe in 1991, for example,
became the first tribe (or state) to file an application for a U.S. Energy
Department grant "to study the feasibility of building a temporary [sic]
storage facility for 15,000 metric tons of highly radioactive spent fuel"
(Akwesasne Notes 1992, 11). Other Indian tribes, including the Sac, Fox, Yakima, Choctaw,
Lower Brule Sioux, Eastern Shawnee, Ponca, Caddo, and the Skull Valley Band of Goshute, have
since applied for the $100,000 exploratory grants as well (Angel 1991, 16-17).
since so many reservations are without major sources of outside

Indeed,
revenue, it is not surprising that some tribes have considered proposals
to host toxic waste repositories on their reservations. Native Americans, like all
other victimized ethnic groups, are not passive populations in the face of destruction from
imperialism and paternalism. Rather, they are active agents in the making of their own history.
Nearly a century and a half ago, the radical philosopher and political economist Karl Marx realized
that people "make their own history, but they do not make it just as they please; they do not make
it under circumstances chosen by themselves, but under circumstances directly found, given and
transmitted from the past" (Marx 1978, 595). Therefore,
tribal governments
considering or planning waste facilities", asserts Margaret Crow of
California Indian Legal Services, "do so for a number of reasons" (Crow
1994, 598). First, lacking exploitable subterranean natural resources,
some tribal governments have sought to employ the land itself as a
resource in an attempt to fetch a financial return. Second, since many
reservations are rural and remote, other lucrative business
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opportunities are rarely, if ever, available to them. Third, some
reservations are sparsely populated and therefore have surplus land for
business activities. And fourth, by establishing waste facilities some tribes
would be able to resolve their reservations' own waste disposal problems while
simultaneously raising much-needed revenue.
GENOCIDE ADV: A/T: NATIVES WANT TOXICS
<CONTINUED…..>
As a result, a small number of tribes across the country are actively

pursuing commercial hazardous and solid waste facilities"; however,
"the risk and benefit analysis performed by most tribes has led to decisions not
to engage in commercial waste management" (ibid.). Indeed, Crow reports that
by "the end of 1992, there were no commercial waste facilities operating on
any Indian reservations" (ibid.), although the example of the Campo Band of
Mission Indians provides an interesting and illuminating exception to the trend.
The Campo Band undertook a "proactive approach to siting a commercial solid
waste landfill and recycling facility near San Diego, California. The Band
informed and educated the native community, developed an environmental
regulatory infrastructure, solicited companies, required that the applicant
company pay for the Band's financial advisors, lawyers, and solid waste
industry consultants, and ultimately negotiated a favorable contract" (Haner
1994, 106). Even these extraordinary measures, however, are not enough to
protect the tribal land and indigenous people from toxic exposure.
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GENOCIDE EXT
RACISM ENABLES CONTINUED EXPLOITATION OF NATIVE AMERICANS AND

LEGITIMIZES RADIOACTIVE COLONIALISM
Bullard ’02 (Robert D., Clark Atlanta Univ. Environ Justice Resource Center Dir., “Poverty, pollution,
and environmental racism: strategies for building healthy and sustainable communities” National Black
Justice Environmental Network. July 2. http://www.ejrc.cau.edu/PovpolEj.html)
While Native peoples have been massacred and fought, cheated, and robbed of
their historical lands, today their lands are subject to some of most invasive
industrial interventions imaginable. According to the Worldwatch Institute, 317
reservations in the United States are threatened by environmental hazards, ranging
from toxic wastes to clearcuts.
Reservations have been targeted as sites for 16 proposed nuclear waste dumps.
Over 100 proposals have been floated in recent years to dump toxic waste in Indian
communities. Seventy-seven sacred sites have been disturbed or desecrated
through resource extraction and development activities. The federal government is
proposing to use Yucca Mountain, sacred to the Shone, a dumpsite for the nation's
high-level nuclear waste. [26]
Radioactive colonialism operates in energy production (mining of uranium) and

disposal of wastes on Indian lands. The legacy of institutional racism has left many
sovereign Indian nations without an economic infrastructure to address poverty,
unemployment, inadequate education and health care, and a host of other social
problems.
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GENOCIDE EXT
Indigenous people have terrible living standards and are experiencing

ethnocide and genocide.
Life, South End Press, 1999, p. 172-173
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GENOCIDE EXT – WATER SUPPLIES
THE GOVERNMENT HAS DONE NOTHING TO PROTECT NATIVE AMERICAN WATER

SUPPLIES
Selden ’04 (Stephanie, Indian Country Today, “Fort Belknap Tribes file new lawsuit over mining
population”, 2-19-4, http://www.indiancountry.com/content.cfm?id=1077214201, accessed 7-24-08)
"The water pollution is just not getting cleaned up and we have to bring this lawsuit to protect our people
and water," Fort Belknap Indian Community Council Chairman Ben Speakthunder said in a prepared
statement. "The area is still so contaminated that even the water treatment plants are discharging polluted
water."
"Whatever the responsible parties have been doing in the name of reclamation is just not working," added
Charlie Tebbutt, an attorney with the Western Environmental Law Center, a nonprofit, public interest
group. "The pollution is ongoing and must be addressed."
In 2000, the Fort Belknap Tribes also sued the BLM, the BIA, and the Indian Health Service for allegedly
breaching their trust responsibilities by allowing the federal permitting and multiple expansions at
Zortman-Landusky and for "failing to properly protect tribal health and resources from the impacts of
mining."
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GENOCIDE EXT: WIND SOLVES FOR WATER DAMAGE
NATIVE WIND PROJECTS CAN BUILD SUSTAINABLE ECONOMIES WHILE

REVERSING CURRENT SYSTEMS THAT DIMINSH WATER SUPPLIES
Hall ’04 (Tex,President of National Congress of American Indians, US Department of Energy, “Wind and
Hydropower Technologies Program - Wind Powering AmericaNative American Interview” 3-1-2004,
accessed 7/24/08
http://www.eere.energy.gov/windandhydro/windpoweringamerica/filter_detail.asp?itemid=678&pri
nt)
Our cheap electricity may contribute significantly to the ruin of our ranching and farming economies
through the prolonged drought associated with climate change and increased weather extremes and
variability. With less hydropower due to the low water levels, the current federal policy is to buy and burn
more fossil fuels, creating more greenhouse gases and filling the sky with sulfur, nitrogen, and carbon
gases. Our current coal, gas, and nuclear generators also consume a tremendous amount of precious water
through steam generators and power plant cooling systems. In the face of this, wind power projects on
the Great Plains can generate electricity on a large, utility scale without consuming water in the
process. People may even pay an extra premium for wind power if it can help to preserve our regional
water supply. Tribal wind projects could replace diminished hydropower in the federal grid system
while building up sustainable Tribal homeland economies.
The continuation of the drought conditions, climate change, and the necessary emissions
reductions will only result in an increase in the cost of power from fossil fuel sources such as coal.
Wind energy can be produced at a fixed, non-escalating cost for up to 30 years. No other source of
power can claim that. The Tribes can save the federal government money, generate Tribal revenue
and jobs, and increase the flexibility and improve management of the Missouri River.
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ENVIRONMENTAL GENOCIDE MPX
Environmental genocide on Native American lands perpetuates “human sacrifice zones” and
threatens all aspects of Native American life.
Hooks and Smith ‘04
(Gregory and Chad L., Washington State Univr. Dept of Soc Chair and Texas State Univ. Soc Prof“The
Treadmill of Destruction: National Sacrifice Areas and Native Americans”, American Sociological
Review, Vol. 60, No. 4, p.562, August 2004)
Some Indian lands have suffered such severe and prolonged environmental degradation that it
is beyond current technology to make them safe for human use. Brook (1998) characterizes
the military damage to Indian lands as part of an “environmental genocide.” Once a locale
has been seriously degraded, it often attracts additional pollution (Marshall 1996). Reflecting
their permanent degradation and their purported contribution to the collective good, these
areas are referred to as “national sacrifice areas” (Kuletz 1998) or “human sacrifice zones”
(Bullard 1993). The preceding discussion made conceptual distinctions based on the sources of
toxins and the processes through which people come to reside in proximity to them. We assert that
because reservations were forced upon Native Americans and because military activities pose the
gravest danger to them, the experiences of Native Americans are best understood in terms of the
treadmill of destruction. In the ensuing paragraphs we provide justification for this assertion and a
historical context for the quantitative analyses that follow. We anticipate finding that the military
systematically used and damaged Native American lands. Our research hypothesis is shared
by the Department of Defense: In order to ensure that it meets its national security mission, DoD
operates and trains on vast amounts of land, including American Indian and Alaska Native
lands. Evidence of DoD’s past use of these lands remains: hazardous materials, unexploded
ordnance (UXO), abandoned equipment, unsafe buildings, and debris. This contamination
degrades the natural environment and threatens tribal economic, social and cultural welfare.
(U.S.Department of Defense 2001).
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RACISM MPX
RACISM CAUSES DEONTIC HARM-- WE MUST EXPRESS SOLIDARITY WITH

ITS VICTIMS REGARDLESS OF CONSEQUENCES.
Post '91 (Robert C., Professor of Law @ UC-Berkeley, William & Mary Law Review, Winter '91,
LEXIS)
A recurring theme in the contemporary literature is that racist expression ought

to be regulated because it creates what has been termed " deontic" harm. 18
The basic point is that there is an "elemental wrongness" 19 to racist
expression, regardless of the presence or absence of particular empirical
consequences such as "grievous, severe psychological injury." 20 It is argued that
toleration for racist expression is inconsistent with respect for "the principle of
equality" 21 that is at the heart of the fourteenth amendment. 22
The thrust of this argument is that a society committed to ideals of social and
political equality cannot remain passive: it must issue unequivocal expressions of
solidarity with vulnerable minority groups and make positive statements affirming
its commitment to those ideals. Laws prohibiting racist speech must be
regarded as important components of such expressions and statements. 23
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RACISM MPX
REJECTING RACISM IS A MORAL IMPERATIVE WHICH OUTWEIGHS ALL

OTHER IMPACTS-- CONFLICT AND DESTRUCTION ARE INEVITABLE WITHIN A
SOCIETY WHICH ALLOWS IT.
Memmi 2000 (Albert, Professor Emeritus of Sociology @ U of Paris, Naiteire, Racism, transl. Steve
Martinot, p. 165)
Of course, this is debatable. There are those who think that if one is strong
enough, the assault on and oppression of others is permissible. But no one is
ever sure of remaining the strongest. One day, perhaps, the roles will be
reversed. All unjust society contains within itself the seeds of its own death. It is
probably smarter to treat others with respect so that they treat you with respect.
"Recall," says the Bible, "that you were once a stranger in Egypt," which means
both that you ought to respect the stranger because you were a stranger yourself
and that you risk becoming once again someday. It is an ethical and a practical
appeal -- indeed, it is a contract, however implicit it might be. In short, the
refusal of racism is the condition for all theoretical and practical
morality. Because, in the end, the ethical choice commands the political
choice, a just society must be a society accepted by all. If this
contractual principle is not accepted, then only conflict, violence, and
destruction will be our lot. If it is accepted, we can hope someday to live in
peace. True, it is a wager, but the stakes are irresistible.
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RACISM MPX
REJECTION OF RACISM IS A PRECONDITION FOR HUMAN AND MORAL

ORDER WHICH OUTWEIGHS UTILITY-- INJUSTICE CAUSES VIOLENCE.
Martinot, p. 164)
However, it remains true that one's moral conduct only emerges from a choice; one has
to want it. It is a choice among other choices, and always debatable in its foundations
and its consequences. Let us say, broadly speaking, that the choice to conduct oneself
morally is the condition for the establishment of a human order, for which racism is the
very negation. This is almost a redundancy. One cannot found a moral order, let alone a
legislative order, on racism, because racism signifies the exclusion of the other and his or
her subjection to violence and domination. From an ethical point of view, if one can
deploy a little religious language, racism is "the truly capital sin."fn22 It is not an
accident that almost all of humanity's spiritual traditions counsel respect for the weak,
for orphans, widows, or strangers. It is not just a question of theoretical counsel respect
for the weak, for orphans, widows, or strangers. It is not just a question of theoretical
morality and disinterested commandments. Such unanimity in the safeguarding of the
other suggests the real utility of such sentiments. All things considered, we have an
interest in banishing injustice, because injustice engenders violence and death.
NO CONCESSIONS-- WE CANNOT ACCEPT ANY DEGREE OF RACISM, IT

MAKES INJUSTICE AND VIOLENCE INEVITABLE.
Martinot, p. 163)
The struggle against racism will be long, difficult, without intermission, without
remission, probably never achieved. Yet for this very reason, it is a struggle to be
undertaken without surcease and without concessions. One cannot be indulgent
toward racism; one must not even let the monster in the house, especially not in a
mask. To give it merely a foothold means to augment the bestial part in us and in
other people, which is to diminish what is human. To accept the racist universe to the
slightest degree is to endorse fear, injustice and violence. It is to accept the
persistence of the dark history in which we still largely live. It is to agree that the
outsider will always be a possible victim (and which [person] man is not [themself]
himself an outsider relative to someone else?). Racism illustrates in sum, the
inevitable negativity of the condition of the dominated; that is, it illuminates in a
certain sense the entire human condition. The anti-racist struggle, difficult though it
is, and always in question, is nevertheless one of the prologues to the ultimate
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passage from animality to humanity. In that sense, we cannot fail to rise to the racist
challenge.
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RACISM OUTWEIGHS NUCLEAR WAR
RACISM OUTWEIGHS NUCLEAR WAR.

Mohan in 93 (Brij, Professor at LSU, Eclipse of Freedom p. 3-4)
Metaphors of existence symbolize variegated aspects of the human reality. However, words can be
apocalyptic. "There are words," de Beauvoir writes, "as murderous as gas chambers" (1968: 30).
Expressions can be unifying and explosive; they portray explicit messages and implicit agendas in
human affairs and social configurations. Manifestly the Cold War is over. But the world is not without
nuclear terror. Ethnic strife and political instabilities in the New World Order -- following the
dissolution of the Soviet Union -- have generated fears of nuclear terrorism and blackmail in view of
the widening circle of nuclear powers. Despite encouraging trends in nuclear disarmament, unsettling
questions, power, and fear of terrorism continue to characterize the crisis of the new age which is
stumbling at the threshold of the twenty-first century.
The ordeal of existence transcends the thermonuclear fever because the latter does not directly impact
the day-to-day operations if the common people. The fear of crime, accidents, loss of job, and health
care on one hand; and the sources of racism, sexism, and ageism on the other hand have created a
counterculture of denial and disbelief that has shattered the façade of civility. Civilization loses its
significance when its social institutions become counterproductive. It is this aspect of the mega-crisis
that we are concerned about.
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COLONIALISM
NATIVE AMERICANS ARE STILL SUBJECTED TO COLONIAL CONTROL THROUGH

EXPLOITATION OF THEIR LANDS
Robyn ’02 (Linda, Northern Arizona Univ. criminal justice prof “Indigenous Knowledge and Technology
Creating Environmental Justice in the Twenty-First Century”, American Indian Quarterly, Spring 2002,
vol. 26; no. 2, Project Muse)
Until recently, those seeking to exploit Indigenous lands did not

consider drawing upon the vast wealth of Indigenous knowledge.
Specifically within the United States, loss of power and autonomy
through the process of colonialism relegated Indigenous peoples to a
position on the lower end of the hierarchical scale in U.S. society. The
legacy of fifteenth-century European colonial domination placed
Indigenous knowledge in the categories of primitive, simple, “not
knowledge,” or folklore. It comes as no surprise then that through the process of
colonization Indigenous knowledge and perspectives have been ignored and denigrated by the
vast majority of social, physical, biological and agricultural scientists, and governments using
colonial powers to exploit Indigenous resources. Colonization is more than just a convenient
economic domination of one group by another. In its present-day form, colonization continues
to undermine the political, military, social, psycho-culture, value systems, and knowledge base
of the colonized and imposes on them the values and culture of the colonizer. For the sake of
economic control—the main impetus behind any colonization—the colonizer must constantly
devise new means of oppressing the colonized. Colonialism continues today, but with different
foreign powers than in the past, that is, banks, corporations, speculators, governments, and
various development agencies.
Today Indigenous peoples are on the frontline
of contemporary colonial struggles. They are sitting on resources the
rest of the world wants at the lowest possible cost. Their territories
are still considered frontier lands, un-owned, underutilized, and,
therefore, open to exploitation. Because Indigenous populations are
small, politically weak, and usually physically isolated, their vast
environmental knowledge base is, for the most part, denigrated by
these new colonizers, making Indigenous populations easy targets as
resource colonies. Central to the concept of resource colonization is, as John
Bodley emphasizes in his work, Victims of Progress, “that the prior ownership rights
and interests of the aboriginal inhabitants are totally ignored as irrelevant by both the
state and the invading individuals.” When two different groups of people come
together in the process of colonization, lives are changed, sometimes for the better
but often for the worse. The Europeans’ search for gold, precious metals, and fossil
fuels demonstrates how such meetings adversely transformed regions and peoples
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through social conflict; these situations still occur today. The history between the
colonizers and the colonized has led to the perception of the latter as an exploitable
group or disposable resource.
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COLONIALISM
CONTINUED COLONIALISM AND FORCED ASSIMILATION HAVE RESULTED IN

VIOLENCE TOWARDS NATIVE AMERICANS
In the previous example of the Sokaogon’s resistance to Exxon, as they

fought (and continue to fight) to hold on to their way of life, many
Chippewa in Wisconsin have fiercely resisted the destruction of the
environment and the destruction of their treaty rights by
multinational corporations and the state. The Chippewa of Wisconsin, along with
several grassroots organizations, are no longer willing to submit to the corporations’ ongoing
war of aggression against Native peoples and the natural world.24 The Chippewa’s
unwillingness to acquiesce to the most powerful institutions in the world has been met with
order to
various institutional sanctions, including criminalizing those who dare to resist. In
maintain control over the land and resources of others, (in this case, the
Chippewa of Wisconsin) corporate /state actors must effectively
neutralize the efforts of those who would oppose this control. As a
tactic to mobilize public opinion in favor of corporations, American Indians
who have resisted the environmentally destructive corporate mega-
projects on tribal lands have been portrayed by the media as deviant
and un-American because they are supposedly impeding progress. We
need only to look to past examples of American Indians as victims of ethnocide and
ethnoviolence.25 American Indians, as a whole, have been systematically portrayed as deviant
since first contact with Europeans, and later, European-Americans who have engaged in
deculturating and redefining them as inferior beings.26 Historic rituals of embedding in the
Anglo mind images of Native peoples as “savages,” “backward,”
“uncivilized,” and “unintelligent,” justified the continued repression
of traditional ways and forced assimilation into the dominant culture
through violence when deemed necessary.27 Their construction as the
“deviant other” along with political and economic disempowerment
provides the context for multinational corporations and the state of
Wisconsin to wage a war of aggression against the Chippewa for their
natural resources. This can be seen in the intense racial conflicts between
the Chippewa and non-Indians experienced in Wisconsin for the past twenty
206 Robyn: Indigenous Knowledge and Technology years.
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COLONIALISM
Native Americans face the harshest environmental devastation in the

nation as a result of colonialist environmental policies.
Robyn ’02 (Linda, the assistant professor in the Criminal Justice Department at Northern Arizona
University, “Indigenous Knowledge and Technology: Creating Environmental Justice in the Twenty-First
Century”. The American Indian Quarterly, 26.2 (2002), p. 203)
The state and multinational corporations have consistently used their historically structured hierarchical
positions of power to keep Indian people powerless and in a position of relative disadvantage in the past.
Clearly, when the efforts of those privileged by power have been blocked by resistance based in treaty
rights, unethical practices in dealing with the tribes have occurred which have caused them injury and
harm. Those in powerful positions have countered Indian resistance by using the force of racism.
Sociologist Robert Bullard argues that "[W]hether by conscious design or institutional neglect,
communities of color in urban ghettos, in rural 'poverty pockets,' or on economically impoverished
Native-American reservations face some of the worst environmental devastation in the nation." 41 The
struggle engaged in by the Chippewa to protect their natural resources from the state of Wisconsin and
huge multinational corporations is but one such example. Environmental racism experienced by the
Chippewa is evident in the systematic efforts put forth to exclude them from participation in the decision-
making process. In an effort to "neutralize" the opposition, corporations have narrowly defined issues that
can be raised in environmental impact statements and have ignored the objections of those opposed to the
destruction caused by mining. And, as we have seen, with the increasing power of mining opponents,
other methods of "neutralizing" the opposition must be found by the state and corporations. As illustrated
earlier in this article, the state government and corporations have resorted to using the climate of race
hatred to weaken and divide potential coalitions active against their multinational corporate vision of
industrial development. Examining these situations from a critical perspective helps facilitate an
understanding of the way in which those in power are participants in creating an environmentally harmful
atmosphere which maintains current hierarchical positions of power. The critical perspective presented
here can be applied to deconstruct the unequal relationship between the state/corporate entities and those
who are less powerful, to reconstruct a better form of balance.
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COLONIALISM
Degrading federal policies have denied Native Americans identity and

integrity.
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COLONIALISM MPX OUTWEIGHS EVERYTHING!!
COLONIALISM INFLICTS DAILY SUFFERING UPON NATIVE AMERICANS – OUR

IMPACT IS SYSTEMIC AND WILL OUTWEIGH THEIR ONE-SHOT IMPACT CLAIMS.
Barsh ’93 (Russel Lawrence, Prof of Native American Studies – Univ of Lethbridge,
United Nations Representative, JD Harvard Law School, “The Challenge of
Indigenous Self-Determination” 26 U. Mich. J.L. Reform 277, Winter 93, LEXIS)
If there is a fundamental cause of American Indian isolationism, it is 500 years of abuse.

Colonialism and oppression operate at a personal, psychological, and cultural level, as well as in the
realms of political and economic structures. The children of dysfunctional, abusive parents grow up
in a capricious world of arbitrary punishment, humiliation, and powerlessness. They suffer from
insecurity, low self-esteem, and a loss of trust in others. n28 Colonialism is the abuse of an entire
civilization for generations. It creates a culture of mistrust, defensiveness, and "self-rejection." n29
The effect is greatest on women, who already are suffering from patriarchal domination in some
cultures, and in others, are subjected to patriarchal domination for the first time by the colonizers.
n30
This can produce a politics of resignation, reactiveness, and continuing dependence on outsiders
for leadership. n31
Arguably the worst abuse of indigenous peoples worldwide has taken place in the United States,
which not only pursued an aggressive and intrusive policy of cultural assimilation for more than a
century, but also has preserved a particularly self-confident cultural arrogance to this day, denying
Indians [*286] the recognition that they need to begin healing themselves. n32 The negative effects
of cultural abuse are proportional to the thoroughness with which the colonizer intervenes in the
daily lives of ordinary people. Intense warfare can be less damaging than the captivity and daily
"disciplining" of an entire population, which characterized reservation life at the end of the last
century. n33 Under these conditions, the only avenue of escape permitted is to embrace the habits
and values of the oppressor, leaving people with a cruel choice between being victimized as
"inferior" Indians or as second-class whites. In either case, much more was lost than cultural
knowledge. Also lost was confidence in the possibility of genuine self-determination.
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COLONIALISM MPX: KEY TO SURVIVAL
PRESERVATIONOF NATIVE AMERICAN LANDS AND ENVIRONMETN ARE KEY

TO THEIR SURVIVAL
When the Sokaogon Chippewa Indians began their long fight against
Exxon’s plans to mine next to their reservation in 1976, it was as if the death
knell for the tribe had sounded with no hope of staving off this
multinational giant. However, many environmentalists began to realize
that “we all live downstream” and saw the importance of Indians’
assertion of treaty rights as an integral part of environmental protection
strategy. In 1976 the Sokaogon became engaged in a battle not only to preserve
their wild rice subsistence culture and the treaty-protected waters flowing through
their reservation, but for their economic and cultural survival as well. The
Sokaogon’s very cultural and economic survival depended on their
ability to protect and defend the environment. The two could not be
separated.16
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PLAN = DECOLONIALIZATION
ALTERNATIVE ENERGY PROJECTS ON NATIVE AMERICAN LANDS ALLOWS FOR

DECOLONIZATION OF NATIVES AND ALLOWS NATIVES TO CHALLENGE UNFAIR
POLICIES
Environmental harms follow the path of least resistance and are connected to many things such as the
air we breathe, our food, water, lifestyles, and legal decisions. Developing economically sustainable
alternatives will depend on many variables, such as research, effective organizing and lobbying,
legal representation,
effective use of the media, interactive utilization of Native rights and environmental movements by
Indigenous groups and state /local governments, and an essential inclusion of Native beliefs and
values concerning the environment. Including these values singularly or in combination,
depending on the context, into the political deliberative and allocative process can help bring about
environmentally sound, long-term, sustainable economic alternatives. With the inclusion of
Indigenous knowledge and values, the socially harmful interaction between economic and
political institutions that we have seen in the past can be decreased while at the same time helping
restore the balance which is so important to Native peoples. Clearly, incorporating these kinds of
values and beliefs into policy decisions challenges and decolonizes the harmful, wasteful projects
of profit-maximizing corporations and growth-at-all-costs government policies while
strengthening Indian nations as a whole.
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TAX CREDITS INCREASE SOVEREIGNTY
TRADABLE TAX CREDITS REDUCE TRIBAL DEPENDENCY AND INCREASE

TRIBAL SOLVEREIGNTY
Shahinian ’08 (Mark Shahinian, 3rd year law student at University of Michigan, “Special Feature: The
Tax Man Cometh Not: How the non-transferability of tax credits harms Indian tribes” American Indian
Law Review, 32 Am. Indian L. Rev. 267)
The argument for a tradable tax credit is, at root, an argument for equity. Legal scholarship has a
history of arguments for a federal tax treatment of tribes that allows tribal economies to develop. n23
The moral basis of arguments for an equitable - even favorable - tax treatment of tribes tends to rest on
the federal trust responsibility toward tribes established early in U.S. history and articulated by Chief
Justice Marshall in Cherokee Nation v. Georgia. n24 Writing of the Tribal Tax Status Act of 1982, legal
scholar Robert Williams said "To satisfy the 'moral obligations of the highest responsibility and trust'
incumbent upon the United States in its dealings with Indian nations, federal Indian Country
development policy must address itself to the structural barriers currently preventing tribal economic
and social self-sufficiency." n25 Lack of tribal access to tax credits is one of today's structural barriers.
Addressing those barriers will help alleviate the federal concern for tribal economic development
expressed by the Federal Reserve Bank of Minneapolis. "On Pine Ridge, Lower Brule and Rosebud
reservations," a bank publication found, "roughly half of Indian families are poor." n26
By aligning the tax incentives tribal businesses face with those faced by the rest of the business
community, the federal government will meet its goals of energy development, reduced tribal
dependency and increased tribal sovereignty. That alignment of incentives can be made a reality by
making wind energy tax credits tradable. More broadly, allowing tribes to utilize all tax credits now
available only to tax-paying entities will better align the interests of tribal business and U.S. policy,
and also will better provide for tribal economic development.
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TAX CREDITS INCREASE SOVEREIGNTY
PTC WILL DECREASE NATIVE ECONOMIC DEPENDENCE ON THE FEDERAL

GOVERNEMNT, INCREASING SOVEREIGNTY
Any measures that give the tribes a leg up in the economic development game reduce their
economic dependency on the federal government. Wind power development could play a role in
this economic development, but only if tribes have access to the PTC. Wind power development
would provide the "greater percentage of the cost of [tribal] self government" that the Reagan
administration sought and it would push the tribes toward "real and permanent progress".
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WIND POWER KEY TO SOVEREIGNTY
NATIVE AMERICANS WANT TO GENERATE THEIR OWN ENERGY TO

STREGTHEN SOVEREIGNTY
Neiss ’02 (Ronald L., Rosebud Utility Comm President – Rosebud Reservation, South Dakota, “Wind
Stakeholder Interview:Rosebud Reservation, 1/1/2002, US Dept. of Energy,
http://www.eere.energy.gov/windandhydro/windpoweringamerica/filter_detail.asp?itemid=699)
Generating our own energy will help our tribe develop a sustainable homeland
economy on the reservation in the short term and strengthen our tribal sovereignty
in the long term. A tribe is only as sovereign as its economy and finances permit.
One of our tribal goals is energy self-sufficiency, and developing our renewable
energy resources will help us achieve that goal. What better way is there than using
non-polluting tools for economic development? Sometimes Indians are called to be
the "Stewards of the Earth." But are we really? As my cousin, James "Tony" Iron
Shell, says the Lakota are the Tateya Topa Ho Oyate - the Voice of the Four Winds
People. That's quite a responsibility to live up to!
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WIND POWER KEY TO SOVEREIGNTY
WIND ENERGY IS AN AVENUE FOR NATIVE AMERICANS TO RECLAIM THEIR

SOVEREIGNTY
Vandever ’07 (Vanessa, Navajo Indian and Native America Program Manager of the Hopi and Navajo
Tribal Sustainable Development Education Project, B.A. in Political Science from Stanford, 4/30/07, “The
Power of Wind: A Rosebud Reservation Success Story”, EPA Tribal News,
http://www.epa.gov/oppt/tribal/pubs/epatribal1.htm)
Native American people, whether from the Southwest or the Plains, believe the wind has great power. For
this reason, many Native American Tribes view the wind as a holy symbol. As a result, wind power has
become an avenue for Tribes to reclaim their sovereignty through economic self-sufficiency. More
importantly, wind energy is a clean and renewable energy that has the potential to replace the Native
Reservations' dependence on natural resource exploitation.
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SOVEREIGNTY KEY
Sovereignty allows tribes to act in their best interests.

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SELF-DETERMINATION MODELLED GLOBALLY
Indigenous Native American development creates a solvent global model
Jorgensen ’97 (Miriam Research Associate for the Harvard Project on American Indian Economic
Development and consultant to the Standing Rock Sioux and White Mountain Apache Tribes, 1997,
American Indian Studies, p. 137)
In particular, the challenge for American Indian economic development is for it to be indigenously
defined and institutionally based. As such, development will be a process which takes account of
Native assets and goals and incorporates them into specific plans for the future. It will be capable of
addressing welfare issues generally, and not income issues alone. Because it concentrates on
institutional development, it will not put limited projects ahead of broader policy-making. It will
create a political-economic environment which is conducive to investment by tribal members and
non- members alike. Furthermore, its political and social institutions will together promote the
continued success of these designated welfare- improving investments. Clearly, development that
succeeds at combating poverty and its concomitant ills is not narrowly "economic." Finally, if Native
nations achieve this kind of development, their success will be a beacon not only to other
indigenous peoples whose colonizers allow a measure of political independence, but to all nations
which are restructuring their development outlook. American Indian nations have the potential to
show other countries—from Eastern Europe to Asia and beyond -how development can be done
"right."
Armed struggle for most indigenous peoples represents a desperate and

untenable strategy for their survival. Nonetheless, it may remain an
unavoidable option for many of them, because if their petitions seeking
recognition of their rights in international forums are ignored, many
indigenous peoples, quite literally, face extermination.
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SELF-DETERMINATION MPX: KEY TO ALL RIGHTS
SELF-DETERMINATION UNDERPINS ALL OTHER RIGHTS
CASTELLINO AND GILBERT ’03 (Joshua, PHD – works at centre for human rights at
national univ of Ireland, Jeremie:PHD , Irish Centre for Human Rights, “Self-
Determination, Indigenous Peoples and Minorities” Macquarie Law Review,
http://www.austlii.edu.au/au/journals/MqLJ/2003/8.html)
Self-determination, viewed as a human right, takes on more than the notion first
emphasised in the context of Hobbesian philosophy. Rather, it is a practical
enunciation of a right that ostensibly underpins all other rights. However, the overall
theme of the discussion of the Covenants and the overwhelming focus on the
colonial era, suggest that this expression of self-determination is hard to engage
outside this very specific setting. In terms of scope, although the specification is
that all peoples have the right to self-determination, the distinction of a ‘people’
from that of ‘indigenous peoples’ and ‘minorities’ also serves to limit the right to the
context of a specific era, dating this aspect of the Covenants and preventing them
from being living, dynamic mechanisms. Thus, while the objective of self-
determination is the free determination of political status and pursuit of appropriate
economic, social and cultural development, these entitlements are restricted to
those defined narrowly as a ‘people’, severely restricting the scope of self-
determination. The Human Rights Committee has argued, however, that Article 1 of
the Covenant on Civil and Political Rights is still relevant in the context of ‘internal’
self-determination, but this argument is largely disappointing.[36] The use of
‘internal’ self-determination is premised on the notion that the physical dimensions
of the entity are pre-determined; and it is only within that structure that non-
peoples namely ‘indigenous peoples’ and ‘minorities’ may exercise self-
determination. In the case of minorities, even ‘internal’ self-determination is open to
question.
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SELF-DETERMINATION MPX
FAILURE TO PROMOTE NATIVE SELF-DETERMINATION RISKS COLLAPSE OF

NATIVE AMERICAN CULTURE
Suagee ’92 (Dean B., Lawyer – specializes in Native American law and environmental law, University of
Michigan Journal of Law Reform, “SELF-DETERMINATION FOR INDIGENOUS PEOPLES AT THE
DAWN OF THE SOLAR AGE”, SPRING AND SUMMER, 1992, 25 U. Mich. J.L. Reform 671, LEXIS)
As the industrialized societies of the world become increasingly proficient at

reaching further into the remote places of Mother Earth to extract resources,
indigenous peoples face ominous threats to their survival. Ancient ways of life that
have sustained countless generations lose their viability when the web of life is torn
asunder by the technologies of industrialized peoples, whether it is multinational
corporations or impoverished refugees from the urban slums of Third World countries that wield these
technologies. Kinship networks and religious belief systems that have helped countless
generations of individuals develop positive self-images tend to break down when
these ancient cultures are confronted by the power and arrogance of industrialized
peoples. These indigenous individuals who accept the challenges of carrying on the traditions must deal
not only with environmentally destructive technologies and externally imposed legal regimes, but also
with self-destructive behavior on the part of other members of their own societies. There is nothing
new, of course, about the decimation of indigenous peoples and the destruction of
their ways of life. There is something new, however, in the responses of many
indigenous peoples and of those in the industrialized societies who are concerned
about their plight. In recent years, an international movement has emerged to
recognize the rights of indigenous peoples under international law -- to recognize that
indigenous peoples are indeed members of the human family, and that, as such, they are entitled to human
rights and human dignity. n2 For example, the United Nations has established the Working Group on
Indigenous Populations, n3 [*674] which, with the active involvement of indigenous peoples'
representatives and advocates, has been fashioning a declaration of the rights of indigenous peoples for
adoption by the United Nations General Assembly. n4 There are many facets to the development of
standards to protect the human rights of indigenous peoples, but, from the perspectives of indigenous
peoples, much of it comes down to different ways of saying the same basic principle -- indigenous
peoples want the right to make their own decisions about how much of the
industrialized world they will allow into their societies and about what kinds of
"development" are allowed to take place in the lands and waters that comprise the
traditional homelands upon which their ancient ways of life depend. The forces that
threaten the survival of indigenous
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SELF-DETERMINATION MPX
<CONTINUED…..
peoples, however, are not patiently awaiting the adoption of a declaration of the
rights of indigenous peoples. To believe that such forces will voluntarily comply with the United
Nations declaration when it is adopted would be a naive exercise in wishful thinking. It is true that the
idea of self-determination for indigenous peoples, or at least the idea of autonomy within legally
recognized territories, has gained substantial currency over the last decade or so. Many governmental
officials and political figures around the world, however, continue to regard
indigenous peoples as members of "primitive" cultures that deserve at most some
measure of paternalistic protection while they either become assimilated or
disappear forever. Paternalistic protection characterizes one end of the spectrum
along which the beliefs of such politicians are manifested; the genocidal use of
military force marks the other end.
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SELF-DETERMINATION KASHMIR ADD-ON (1/1)
A) Pakistan wants Kashmiri self-determination

Washington Post ’02 (“Defining Terrorism Tricky for Pakistan” Jan. 7,
LEXIS)
For the Pakistani ruler, who took power in a 1999 coup and later named himself president, the televised
gesture perfectly fit the role of faithful U.S. ally seeking to combat terrorism and reduce the threat of
war in nuclear-armed South Asia. Musharraf has played the part with unexpected enthusiasm since the
Bush administration prevailed on him immediately after Sept. 11 to reverse Pakistan's course in
Afghanistan and enlist in the war on terrorism.
But beneath the public relations coup, tucked discreetly into his summit declarations, were repeated
warnings from Musharraf that terrorism launched from Afghanistan is one thing, rebellion in Kashmir
another. Pakistan's overriding national cause -- self-determination for fellow Muslims in Kashmir --
must not be blurred into the struggle to extinguish terrorism that has become paramount for the United
States since Sept. 11, he said.
B) U.S. pressure for internal self determination is key to prevent India-

Pakistan nuclear conflict
Michael Kelly, Director of Legal Research, Writing & Advocacy at Michigan State University's Detroit
College of Law, 1999, Drake Law Review
Kashmir is now occupied by three sovereign nation-states: India, which controls the lion's share; Pakistan,
which occupies a small western portion; and China, which controls Ladakh. Various mediations of the
situation have been attempted (the United Nations from 1948-58, the U.S.S.R. from 1965-66, and the
United States in 1990), but to no avail. Predictably, the situation in Kashmir has degenerated. There are
both secessionist groups and unionist groups taking militant action against each other and the Indian
army that has occupied the state to enforce military rule for most of the 1990s. Violence has
become the daily norm for this region. In 1990 alone, there were 3000 deaths related
to the unrest in Kashmir. Complicating matters, and of concern to the world
community and the United Nations, is the recent development of nuclear
capabilities on the part of both India and Pakistan. Indeed, as the realistic
and potential flashpoint amongst the three occupying nuclear powers,
Kashmir has been referred to as a "nuclear tinderbox" waiting to be
ignited. One formula recently put forward, and significantly based on
principles of self- determination, calls for the creation of a "Kashmiri
Autonomous Region" under nominal Indian control that would exist
until a referendum can be held, at which point the various parts of Kashmir can
freely choose with which sovereign they wish to associate without the entire region going as a
This appears to be a rational suggestion. But until the
single entity.
United States can weigh in to pressure the concerned parties into a
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joint settlement, it is likely to go unrealized. Thus, self-deterministic
issues continue to fester and foment further violence while
simultaneously offering an elusive solution to the problem.
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DEMOCRACY ADD-ON (1/2)
A) International support for internal self determination is key to

democratization
Kolodner ’94 (Eric, currently completing a joint degree at New York University
School of Law and Princeton University's Woodrow Wilson School, Fall 1994,
Connecticut Journal of International Law, 10 Conn. J. Int'l L. 153, LEXIS)
The international community, therefore, should attempt to resolve

conflicts under principles of internal self-determination before
supporting a people's right to external self-determination with its
potentially disruptive consequences. Although this strategy has not been
explicitly enunciated in the international arena, it is derived from principles
found within the Declaration on Friendly Relations. This document implies that
a people's claim to external self-determination is less legitimate when it is
living under a system of democratic governance, i.e., when it can effectively
exercise its right to internal self-determination. Movements for internal self-
determination are, in fact, coterminous with movements for increased
democracy, which have recently swept the globe from the former Soviet
Union to Guatemala. Some observers have even begun to advance the
idea that there exists an emerging right to democratic governance
which may create an obligation for the international community to
promote and protect democracy. The international community must direct
its efforts towards defining the parameters of this emerging right to democratic
governance and thereby delineate the boundaries of the right to internal self-
determination.
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DEMOCRACY ADD-ON (2/2)
B) Global democratic consolidation is essential to prevent many scenarios

for war and extinction.
Carnegie Commission on Preventing Deadly Conflict ’95 (October,
“Promoting Democracy in the 1990’s,”
http://www.carnegie.org//sub/pubs/deadly/dia95_01.html)
OTHER THREATS This hardly exhausts the lists of threats to our security and
well-being in the coming years and decades. In the former Yugoslavia
nationalist aggression tears at the stability of Europe and could easily spread.
The flow of illegal drugs intensifies through increasingly powerful international
crime syndicates that have made common cause with authoritarian regimes
and have utterly corrupted the institutions of tenuous, democratic ones.
Nuclear, chemical, and biological weapons continue to proliferate. The
very source of life on Earth, the global ecosystem, appears
increasingly endangered. Most of these new and unconventional
threats to security are associated with or aggravated by the weakness
or absence of democracy, with its provisions for legality, accountability,
popular sovereignty, and openness. LESSONS OF THE TWENTIETH CENTURY
The experience of this century offers important lessons. Countries that
govern themselves in a truly democratic fashion do not go to war with
one another. They do not aggress against their neighbors to aggrandize
themselves or glorify their leaders. Democratic governments do not
ethnically "cleanse" their own populations, and they are much less likely
to face ethnic insurgency. Democracies do not sponsor terrorism against one
another. They do not build weapons of mass destruction to use on or to
threaten one another. Democratic countries form more reliable, open, and
enduring trading partnerships. In the long run they offer better and more stable
climates for investment. They are more environmentally responsible
because they must answer to their own citizens, who organize to protest
the destruction of their environments. They are better bets to honor
international treaties since they value legal obligations and because their
openness makes it much more difficult to breach agreements in secret.
Precisely because, within their own borders, they respect competition, civil
liberties, property rights, and the rule of law, democracies are the only reliable
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foundation on which a new world order of international security and prosperity
can be built.
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WATER ADD-ON (1/2)
A) TOXINS FROM MINING CONTAMINATE NATIVE AMERICAN WATER

SUPPLIES
Selden ‘04 (Stephanie, Indian Country Today, “Fort Belknap Tribes file new lawsuit over mining
population”, 2-19-4, http://www.indiancountry.com/content.cfm?id=1077214201)
HELENA, Mont. - The Assiniboine and Gros Ventre Tribes of the Fort Belknap Indian Reservation allege
in a new round of litigation that the Bureau of Land Management, the Montana Department of
Environmental Quality and the current owner of the Zortman-Landusky mine complex are violating the
federal Clean Water Act.
The lawsuit, filed Jan. 29 in Helena's U.S. District Court, contends that the agencies and Los Angeles
resident Luke Ployhar, who holds 71 patented mining claims in the area and owns more than 1,000 acres
at the now-closed Zortman-Landusky mines, have failed to establish adequate clean-up measures at the
site and are discharging toxins without the proper permits.
In 2002, the Assiniboine and Gros Ventre Tribes and three conservation groups sued the state agency and a bankruptcy trustee
over reclamation plans at the complex. The plaintiffs in that case, which is still pending, argue that the restoration shortfalls
violate the Montana Constitution's promise that "all lands disturbed by the taking of natural resources shall be reclaimed," as
Pollution from mine tailings and open-pit excavation in the Little
well as the state's Metal Mine Reclamation Act.
Rocky Mountains continues to pollute streams and groundwater, the tribes say, and the contamination is
impacting the adjacent reservation and its residents. They also argue that the quantity of water flowing
from the mine areas has been diminished.
B) COAL MINING DEVASTATES NATIVE LANDS AND DESTROYS ECOSYSTEMS

NIES ’98 (Judith,Mass. College of Art writing instructor “The Black Mesa
Syndrome: Indian Lands, Black Gold, Summer 1998,
http://www.shundahai.org/bigmtbackground.html)
Today at Black Mesa, buckets the size of a four- story building peel the topsoil off in
mile-long strips—a technique called strip mining. Instead of burrowing into the earth
to find the mineral seam, the land over the mineral deposit is removed. Bulldozers
shape the underlayers into enormous slag heaps, workers dynamite the exposed
mineral bed, and steam shovels load the coal into massive transport trucks. By the
time the coal is extracted, the land has turned gray, all vegetation has disappeared,
the air is filled with coal dust, the groundwater is contaminated with toxic runoff
(sulphates particularly), and electric green ponds dot the landscape. Sheep that
drink from such ponds at noon are dead by suppertime.
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WATER ADD-ON (2/2)
C) Preserving groundwater is key to sustaining life

Aldous ’07 (Alison, et. Al, wetland ecologist, PHD, The Nature Conservancy. “Ground and Biodiversity
Conservation” Dec.
http://www.waconservation.org/data/collins/GroundwaterMethodsGuideTNC_Jan08.pdf)
It is estimated that groundwater represents about 21 percent of the

world’s fresh water and 97% of all the unfrozen fresh water on the earth
(Dunne and Leopold, 1918). Next to glaciers and ice caps, groundwater reservoirs
are the largest holding basins for freshwater in the world’s hydrologic cycle. This
large supply of water is critical to sustaining both ecological and human
communities around the world.
Groundwater is critically important to the ecosystems and species

across the Pacific Northwest. Rivers and streams throughout the region
depend on groundwater for baseflow or cool water inputs and many wetlands and
most lakes are directly connected groundwater (Brown et al., 2007; Sinclair and
Pitz, 1999). The thousands of springs distributed throughout the region
all depend on groundwater for their water supply. In Oregon, over 130
species of conservation concern have been identified as groundwater dependent,
with groundwater providing either the hydrologic or water quality (including
thermal) conditions they require (Brown et al., 2007).
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COAL MINING EXT
Coal mining increases water pollution and threatens livestock

Coal-Issues, 2008 (Source Watch. “Coal and Native American Tribal Lands” June 27,
http://www.sourcewatch.org/index.php?title=Coal_and_Native_American_tribal_lands&printable=yes
date accessed: 7/24/08)
In addition to air pollution, waste from the coal mines supporting the Four Corners and San
Juan plants has contaminated the water with sulfates, leading to the death of livestock.
According to one source, 70 million tons of coal combustion waste (containing cadmium,
selenium, arsenic, and lead) has been dumped in the Navajo coal mine, and combined with the San
Juan mine, reaches a total of 150 million tons.
Waste of coal-burning contaminates groundwater with lead

CONANT ’07 (Jeff, “Speaking Dine to Dirty Power: Navajo Challenge New Coal-Fired Plant” Corp
Watch. April 3, http://www.corpwatch.org/article.php?id=14435 date accessed: July 2, 2008)
This waste, heavily laden with cadmium, selenium, arsenic, and lead – byproducts of coal-
burning – leaches into groundwater turning it poisonous to people, livestock, and vegetation.
A forthcoming EPA report released to the national environmental group Earth Justice indicates
that groundwater contaminated with coal ash leads to a cancer risk as high as 1 in 100 –
10,000 times higher than previous EPA estimates.
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COAL MINING = ENVIRONMENTAL RACISM
COAL MINING ON NATIVE LANDS IS ENVIRONMENTAL RACISM
Coal-Issues, 2008 (Source Watch. “Coal and Native American Tribal Lands” June 27,
http://www.sourcewatch.org/index.php?title=Coal_and_Native_American_tribal_lands&printable=yes
date accessed: 7/24/08)
The placement of coal-fired plants in the impoverished communities living on native reservations, with
little or no access to healthcare, is seen by some environmental justice advocates as “blatant
environmental racism and injustice.”[28] The primary beneficiaries of coal mining and power generation
are often not the native tribes who live on the land being used. In the case of Black Mesa, 80 percent of
Navajo people do not have running water and 50 percent of people on the Navajo and Hopi reservations
do not have electricity despite the fact that transmission lines cross the reservations to deliver electricity to
the southwest and California, and the water aquifer has been extensively tapped to supply to former coal
slurry pipeline. Black Mesa Navajo Nicole Horseherder summed this up in a 2004 Los Angeles Times
article, saying, “Somewhere far away from us, people have no understanding that their demand for cheap
electricity, air conditioning and lights 24 hours a day have contributed to the imbalance of this very
delicate place.”[29]In addition, the development of natural resources on tribal lands does not always lead to
better living conditions due to low royalties, unbalanced contracts with outside corporations and the
federal government, and tribal mismanagement
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SOLVENCY – NATIVES HAVE WIND POTENTIAL
NATIVE LANDS HAVE THE HIGHEST WIND POTENTIAL IN THE NATION
Capriccioso ’08 (Rob, staff writer for Indian Country, “Tribes look for federal wind energy incentives”
April 11, http://www.indiancountry.com/content.cfm?id=1096417026)
The wind energy setbacks in Congress have been especially disappointing to some tribes, since their
lands often have some of the highest wind resource potential in the nation.
Research from the National Renewable Energy Laboratory indicates that many of the windiest
areas in the U.S. are located close to and on reservations. The laboratory has estimated that the
total tribal wind generation potential is about 535 billion kwh per year, or 14 percent of the total
U.S. electric generation in 2004.
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SOLVENCY
Giving tradable PTCs to Native Americans solves for pollution by reducing

reliance on fossil fuels
Melmer ’07 (David, , “Western Governors’ Hot Topic is Alternative Energy,” June 27
http://www.indiancountry.com/content.cfm?id=1096415264, accessed 7/23/08)
Discussions over clean energy opened the 2007 Western Governors' Association's recent annual meeting in the Black Hills. Ten
of the 19 governors were in attendance and elected officials from Canada were also present.
Clean energy was not the only topic for the meeting June 10 - 12, but it took up a good portion of event. Carbon capturing and
sequestration, or CCS - the process of capturing CO2 emissions for storage underground - was discussed at length. Western
states have had to rely most recently on fossil fuel as a power source because a seven-year drought has
substantially reduced the flow of water to hydroelectric dams on the Missouri River. The hydro power from
those dams is allocated through the Western Area Power Administration. The abundance of coal reserves in the Western region,
especially in Wyoming and parts of Montana, could provide the needed energy source to power a large part of the country, but
with an adverse environmental impact. CCS would lesson that impact, scientists told the governors. The governors sought ways
to create viable alternative energy, such as wind power, which is nearly continuously available in many Western states. Wind
farms are cropping up in many areas, and although wind energy may not be used as a main source of
power, according to wind power advocates, it will lower the emission of CO2 by reducing the dependence
on coal and oil. Tests have shown that South Dakota has earned the label of the ''Saudi Arabia of wind
power.'' Six of South Dakota's tribal reservations are located in the western part of the state, where tests
have proven there is plenty of wind. Tribes with the will to construct wind farms for economic
development, however, do not have the financial wherewithal to partner with developers to create the
wind farms on tribal lands. And most of the land on which wind farms would be constructed are privately
owned or not near a power grid system on which to connect, which creates problems in siting wind farms.
The tribes are at a disadvantage because they are not allowed to use the Production Tax Credit as an
incentive for developers. PTC provides a 1.9 cent-per-kilowatt-hour (kWh) tax credit for electricity
generated for the first 10 years of a renewable energy facility's operation. The Intertribal Council on
Utility Policy asked the governors to sign on to a letter that would request congressional committees to
pass House Bill 1956, which would change the IRS rules to allow tribes to be part of the PTC for
alternative energy. The PTCs are very important for the growth of wind energy. Much of the wind energy
and the potential economic growth for tribes lie with the approval of the PTCs. ''As you are well aware, we
have tremendous wind resources across the state of South Dakota with over 269,120 MW of Class 4-6 wind on tribal lands
alone,'' said Intertribal COUP President Pat Spears in a letter to South Dakota Gov. Mike Rounds, outgoing chairman of the
WGA. The goal of the WGA is to provide 30,000 MW of power for the Western states with alternative energy sources by the
year 2015. Tribes will provide 80 MW of power for their tribal members on the reservations, and will also be able to access
rural electric systems and Western Area Power Administration markets with additional power production. They can't without
the PTC incentive. At a press conference, Rounds was asked what South Dakota was doing to encourage wind energy
development among the tribes. He said the state welcomes and encourages the development of resources on tribal lands. ''It was
encouraging,
<CARD CONTINUED……..>
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SOLVENCY
<CONTINUES……>
I thought,'' said Chip Comins, filmmaker with American Spirit Productions and a board member of Native Wind. Spears said he
has tried for more than a year to get Rounds to agree to a meeting and work with the tribes and to comment on a letter sent to
him about the tax credit. ''One staff member brought up a concern about another tribe investing in a wind project here. I said,
'That can't happen; they can't use the tax credit, either.' ''He said, 'We would rather see it local.' There is nothing more local than
tribal lands,'' Spears said. Developers from out of state can receive tax credits. There are no developers in South Dakota.
Several years ago, the Senate supported the tax credit measure for tribes, but it did not receive the support of the House. The
WGA's support would help passage of H.R. 1956 to allow tribes to partner with developers with tax incentives. More than 35
cities support tribal wind energy development, including many who receive WAPA hydropower allocations that are now 85
percent dependent on carbon-emitting fuels.
Without the PTC, tribes will not have access to private capital for
investment at the same level as other developers, Intertribal COUP claims. The second and final day of
the governor's conference was devoted to carbon emission, and to develop a method of dealing with
Congress on this environmental issue.
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SOLVENCY
PTC’S MUST BE MADE TRANSFERABLE TO INCREASE WIND ENERGY

PROJECT INVESTMENT ON NATIVE AMERICAN LANDS
Sandlin ’08 (Rep. Stephanie Herseth , US Congresswoman[D- S.D.], “What should Congress do to
encourage alternative fuels and technologies? Wind Needs Greater Roll in Nation’s Energy Policy”,
Roll Call, April 21, 2008)
Looking ahead, we need to involve every community willing and able to contribute to our new
energy economy, including Native American tribes. As tax-exempt organizations, tribes cannot
take the tax credit or use the full value of the tax credit when joint venturing with a taxable
entity. This aspect of the law provides a disincentive for non-tribal companies to invest in
renewable energy projects on tribal lands because they can only take a portion of the production
tax credit related to their stake in the project. Even as tribes are seeking capital to fund
renewable energy projects on tribal lands, non-tribal companies are facing this financial
disincentive for investment. That is why Congress should act on Rep. Raœl Grijalva's (D-Ariz.)
legislation, H.R. 1954, and Sen. Tim Johnson's (D-S.D.) companion bill, S. 2520. By allowing tribes
to transfer the credit for electricity produced from renewable resources, this legislation would
remove the disincentive that exists under current law for such ventures. By facilitating and
encouraging such investment, we would not only support tribal communities in many rural
areas, but also harness an abundant renewable resource to reduce our overall carbon emissions.
A shift in priorities is needed to demonstrate a real commitment to wind energy within our
national energy portfolio. In addition to reducing carbon emissions, developing our wind
resources will provide a tremendous economic driver for our nation's rural areas and overall
economy. Given the irrefutable benefits a robust wind industry would provide our country in
meeting its goal of energy security, I am hopeful that we will be successful in enacting these
important policies yet this year.
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SOLVENCY
A PRODUCTION TAX CREDIT IS CRUCIAL TO BOSLSTER ENERGY SECURITY

InterTribal Council on Utility Policy ‘06
(“An Intertribal COUP Background Policy Paper for a Comparable and Appropriate Tribal Energy
Production Incentive”, June 21, http://www.intertribalcoup.org/policy/index.html, Accessed 7/24/08)
To encourage the production of electricity from renewable sources by Tribes, Congress could provide
for more flexible rules so that the full production tax credit can be used by taxable, non-tribal partners
in tribal joint ventures to promote sustainable economic development, tribal self-sufficiency, tribal
sovereignty and national energy security, and encourage stable, long-term private investment in Indian
Country that is sustainable, respectful of Tribal sovereignty and self-determination, is integrative of
tribal ownership interests in the project, and is in accordance with the Federal Trust Responsibility to
Tribes and Western Governors' recommendations for encouraging renewable energy development in
the West.
With the Tribal energy production incentive proposed language provided above, Tribes would be
able to assign the production tax credit (PTC) within tribal joint ventures so that Tribes can retain
significant project ownership while allocating their share of the PTC to their taxable partners, so
that the federal incentive does not to penalize private development partners for engaging tribal
participation, while bringing private capital to Indian renewable energy projects and cleaner,
cheaper renewable energy to America.
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SOLVENCY
PTCS WOULD REDUCE TRIBAL DEPENDENCE AND INCREASE TRIBAL SOVEREIGNTY
There are three clear rationales for this change in the tax code. First, the change will give tribes
the same incentives as the rest of the business community as tribal economies develop. Second,
the change will reduce tribal dependence on federal grants, as larger pools of investment capital
become available to tribes. Third, the change will increase tribal sovereignty, as dependence is
reduced.
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SOLVENCY
THE PLAN GIVES NATIVE AMERICANS CRITICAL INPUT INTO THE POLITICAL
PROCESS AND ENABLES A DECONSTRUCTION OF ENVIRONMENTAL RACISM
The state and multinational corporations have consistently used their

historically structured hierarchical positions of power to keep Indian
people powerless and in a position of relative disadvantage in the past.
Clearly, when the efforts of those privileged by power have been blocked by
resistance based in treaty rights, unethical practices in dealing with the tribes
have occurred which have caused them injury and harm. Those in powerful
positions have countered Indian resistance by using the force of racism.
Sociologist Robert Bullard argues that “[W]hether by conscious design or
institutional neglect, communities of color in urban ghettos, in rural
‘poverty pockets,’ or on economically impoverished Native-American
reservations face some of the worst environmental devastation in the
nation.” 41 The struggle engaged in by the Chippewa to protect their natural
resources from the state of Wisconsin and huge multinational corporations is but
one such example. Environmental racism experienced by the Chippewa is
evident in the systematic efforts put forth to exclude them from
participation in the decisionmaking process. In an effort to “neutralize”
the opposition, corporations have narrowly defined issues that can be
raised in environmental impact statements and have ignored the
objections of those opposed to the destruction caused by mining. And, as
we have seen, with the increasing power of mining opponents, other methods of
“neutralizing” the opposition must be found by the state and corporations. As
illustrated earlier in this article, the state government and corporations have
resorted to using the climate of race hatred to weaken and divide
potential coalitions active against their multinational corporate vision of
industrial development. Examining these situations from a critical
perspective helps facilitate an understanding of the way in which those
in power are participants in creating an environmentally harmful
atmosphere which maintains current hierarchical positions of power. The
critical perspective presented here can be applied to deconstruct the
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unequal relationship between the state /corporate entities and those
who are less powerful, to reconstruct a better form of balance.
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SOLVENCY
WIND POWER ON NATIVE LANDS CAN PROVIDE FOR A SUBSTANTIAL AMOUNT OF

ELECTRICITY NEEDS
There is potential for tribes to play a major role in the U.S. wind industry. As noted above,
wind power on tribal lands could provide a substantial portion of U.S. electricity needs. n17 The
Great Plains have wind in abundance, and many tribal reservations are located in the Great
Plains. Wind developers are interested in working with tribes because tribes are single
landowners over vast, windy tracts of land - the area within the Rosebud Reservation
boundaries alone is larger than the land area of the entire state of Rhode Island. Additionally,
some power purchasers, realizing the economic plight of the reservations, are willing to give
the tribes better-than-market prices for tribally generated electricity. n18
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SOLVENCY
RENEWABLE ENERGY IS AN AVENUE TO INCLUDE NATIVE AMERICAN

PERSPECTIVES AND FOSTER SUSTAINABLE DEVELOPMENT
In the times past, Native nations in the Americas achieved an ecological balance with their environment.
The great success that Native people experienced using natural patterns and strategies for survival is
available to us now. It may be time to us to begin to examine the alternatives used throughout history to
achieve the survival of Native societies. For example, Gedicks suggests investing in locally-owned small
firms and in labor-intensive technologies such as tribal fish hatcheries, renewable energy, recycling,
forest products, and organic farmind, which would create far more jobs than mining, while at the same
time contributing to an environmentally stable economy. Gedicks also suggests encouraging utilities to
buy locally-produced renewable energy rather than encouraging electric utilities to build coal-fired power
plants. He cites Northern States Power, a company building a wind farm in Buddalo Ridge, Minnesota, as
an example of available, cost effective technology. From an American Indian context it is important, once
again, to recognize the influence of past history, cultural perspectives, and environmental relationships.
The logic that led us into the problems our society faces today is not adequate to develop informed
solutions to these contemporary concerns.
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SOLVENCY
Non-renewable energies are unsustainable, pollution-intensive, and use up tremendous amounts of

water – wind solves best
0&type=image, Accessed 7/22/08)
Coal and, to an increasingly greater extent natural gas, are the two nonrenewable fossil fuels that power
most of this country's low-cost electricity consumption. The real downwind costs for the sulfur, nitrogen,
mercury, particulate, and carbon dioxide emissions are largely ignored, however, particularly with regard
to coal. Natural gas is considerably cleaner than coal, but is subject to an "affordability intermittency"
when supply and demand issues raise its cost to levels that outrage consumers. "Too cheap to meter" was
the slogan of the "Atoms for Peace" program that turned the small atomic bombs of the Manhattan Project
of the 1940s into the heavily subsidized and necessarily centralized nuclear power industry of the 1950s
and 1960s. The dispatchable electricity technologies for each of these fuel sources require substantial
water consumption, as these fuels are used to boil water to spin generating turbines through the controlled
release of high-pressured steam. These pollution-intensive technologies not only compromise the quality
of our air but also consume vast quantities of water for power generation, and the tremendous heat
generated by these central station plants usually is dissipated through evaporative cooling, guzzling
thousands of additional gallons of water a minute per plant.
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SOLVENCY
Renewable energy could stabilize tribal economies and replace coal-fired

plants.
Gough, 04 (Robert, Former director of the Rosebud Sioux Tribe Utility Commission,
Secretary of the Intertribal Council On Utility Policy, “Tribal Wind Power Development in the
Northern GreatPlains,”19NaturalResourcesandEnvironment,Issue2-Fall,2004,
http://heinonline.org/HOL/Page?collection=journals&handle=hein.journals/nre19&div=31&si
ze=2&rot=0&type=image, Accessed 7/22/08)
In the coming years, the federally owned and operated grid system could be significantly restored to
carrying renewable energy while providing an economic "farm to market" road for tribally generated
clean power from this nation's heartland. This restoration could also provide a sustainable revenue stream
back to some of this nation's poorest communities, building a foundation for a sustainable tribal economy
based upon an inexhaustible resource-the ever-present wind. Wind power can supplement the diminished
hydropower resource, which is far below historical "normals" in the wake of extended drought conditions
that are consistent with long-term climatic change and shifts in precipitation. Renewable energy carried
by the grid system could also begin replacing the power produced by some of this nation's dirtiest fossil
fuel
plants and help avoid the need to build more coal-fired plants to meet this nation's growing demand for
electricity.
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SOLVENCY: BENEFITS BOTH PARTIES
PRODUCTION TAX CREDIT SOLVES AND BENEFITS BOTH PARTNERS

Ritchie ’05 (Ed. "Native American Empowerment: A New Frontier For Distributed Energy, Distributed
Energy, July/August 2005, http://www.foresterpress.com/de_0507_native.html date accessed 7/24/08)
A modification to production tax credits could help. Currently, they aren’t available because
as sovereign governments in and of themselves, tribes don’t pay federal taxes. But they could
attract outside partnerships with distributed energy resources if tax credit rules were changed
to allow non-tribal partners to write off the tribe’s portion of the credits. Under the current
structure, partners are restricted to tax credits based upon their percentage of equity. So a
50% equity would equal a 50% tax credit. Another possibility is a congressional move toward
federal renewable portfolio standards that would offer double credit for new renewable
development on tribal lands.
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SOLVENCY: PTC INCREASE WIND POWER
MAKING THE PTC TRADABLE WILL INCREASE WIND DEVELOPMENT ON

NATIVE LANDS
Making tax credits tradable by tribes - and thereby aligning the financial incentives of tribes
with the rest of the U.S. business community - promotes the federal goal of guiding economic
activity, whether in the wind power industry or in other industries with substantial tax credits.
Congress is bent on fostering renewable energy production in the United States. Congress is
also bent on fostering tribal energy development. If Congress made the PTC tradable, tribes
would face the same tax incentives as the rest of the business community, renewable energy
development on tribal lands would increase, and Congress would take a step forward in
achieving its goals of tribal and renewable energy development.
PTC FUELS WIIND POWER GROWTH
Fletcher '08 (Sam Fletcher, Senior Writer for Oil & Gas Journal, "Texas Resources: Oil, Wind", Oil &
Gas Journal, Journally Speaking; pg. 19, LEXISNEXIS, 7/22/2008)//Claudia Tran
Last year was "the third consecutive year of record-setting growth, establishing wind power as one of
the largest sources of new electricity supply for the country," said AWEA Executive Director Randall
Swisher. That growth was "driven by strong demand, favorable economics, and a period of welcome
relief from the on-again, off-again, boom-and-bust cycle of the federal production tax credit (PTC) for
wind power," he said.
The PTC provides a per-megawatt tax credit on the sale of electricity generated by wind power.
Congress has let the PTC expire several times, only to renew it retroactively. The PTC is due to expire
again in 2008, but wind power advocates want it extended for 15 years to provide "more certainty" to
sustain investments in wind energy. By reducing the use of natural gas and other fossil fuels to
generate electricity, modern windmills will serve customers "even in regions with low or no wind
resources," AWEA said.
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SOLVENCY: PTCS ARE KEY
PRODUCTION TAX CREDITS ARE THE BEST INCENTIVE OPTION – OPTIMIZES

COMPETITIVENESS
Intertribal Council on Utility Policy ’06 (Intertribal COUP, Background Policy Paper for a Comparable
and Appropriate Tribal Energy Production Incentive, “Tribal Joint Venture Production Tax Credit,”
http://intertribalcoup.org/policy/index.html, 6-21-06, accessed: 7-24-08).
The federal Production Tax Credit (PTC) is widely recognized as the principal driver of
private capital to renewable projects around the nation. It is based upon the proportion of one’s
ownership interest in the kilowatt-hours generated by a project. It is designed to reduce the cost of
power by rewarding actual energy production, and not simply investment in hardware that may
or may not, in fact, produce power. As a “tax credit”, the PTC is a “bankable” part of a business
plan, because once obtained, it is guaranteed for a 10 year period, reducing the cost of power.
The PTC has been far more effective in stimulating the large-scale build out of renewable
energy projects, particularly under current federal spending constraints, than the
other federal incentives which depend upon annually appropriated federal dollars, eligibility,
selection, and tiered payments.
The PTC, coupled with the ability to depreciate the capital investment in project assets, can
provide for much lower costs of power than any of the other federal incentives. The PTC is
inapplicable, however, as an incentive to tribally-owned projects because Tribes, as
governments, have no federal tax liability against which to use the credits, and outside
investors seeking to joint venture with a Tribe are penalized with the loss of the PTC to the
extent of tribal ownership in the partnership.
Clearly, the PTC has been a very effective incentive in the commercial arena, as witnessed by the
fact that construction and investment halt each time the PTC expires, rippling economic
dislocation throughout the industry. Since it was designed to make renewable energy
competitive with other subsidized power sources, when the PTC is in place, power purchasers
assume in their tariffs that the credits will be utilized by their wind suppliers. Thus, the PTC
becomes a two-cent per kWh penalty for Tribal projects that can not utilize the production tax
credit.
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SOLVENCY: WIND INCREASE ECON INDEPENDENCE
WIND PROJECTS CREATE A SUSTAINABLE RESERVATION ECONOMY AND

ALLOW THEM TO BE COMPLETELY ENERGY INDEPENDENT
InterTribal Council on Utility Policy’06

(“An Intertribal COUP Background Policy Paper for a Comparable and Appropriate Tribal Energy
Production Incentive”, June 21, http://www.intertribalcoup.org/policy/index.html, Accessed 7/25/08)
Even with numerous amounts of tribal land areas excluded from development, the Department of
Energy's National Renewable Energy Laboratory estimates that the total tribal wind generation
potential is about 535 billion kWh/yr, or 14% of the total U.S. electric generation in 2004, which is
estimated to be 3,853 billion kWh/yr. As the chairman of the Mandan, Hidatsa and Arikara Nations,
Tex G. Hall has noted that his Ft. Berthold reservation in North Dakota has over 17,000 times more
power in the wind that blows across his reservation than is used there every day. Tribes are interested
in meeting their own energy needs, as well as supplying clean power to the nation's commercial
markets, from tribally owned projects. Renewable energy can be exported beyond the reservation
boundaries, while bring benefits to the local communities.
The export of rural tribal wind power can provide the basis for a sustainable reservation economy that
brings revenues and employment to impoverished rural tribal communities without diminishing the
quality of the air, water or land resources of the reservation in the ways that other extractive and
consumptive energy development has done in the past. And unlike other forms of energy development,
a wind project can bring in a 25 year revenue stream from the sale of energy, green tags, and from
other incentives, with out leaving behind degraded air, polluted water, flooded lands or gaping holes in
the ground. Moreover, with a wind project, after 25 years the Tribe will still have 100% of the energy
resource it started with!
In the simplest terms, the economics of building any wind project comes down to the relative cost of
producing the power being lower than the price that would be paid for that power. Faced with the
relatively low cost of power in the West, due to the highly subsidized costs of federal hydropower and
to the externalized pollution costs of coal, and the artificially low (avoided cost) prices utilities offer to
pay independent power producers for energy, the cost of clean, non-water-consuming wind power must
be incentivized to be competitive, and Tribes need to be able to access to such incentives.
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SOLVENCY: WIND POWER GOOD
TRADITIONAL METHODS OF ELECTRICITY GENERATION CAUSE MANY

CONSEQUENCES – WIND ENERGY CAN EFFECTIVELY FILL THE GAPE AND
PROVIDE ENERGY WITH MANY ADVANTAGES
Traditional methods of electricity generation are faced with increasing difficulties: coal-fired
generation is a liability in the age of global warming; n7 natural gas prices are high and
unpredictable; n8 nuclear power still poses [*270] storage problems; n9 and there are few rivers
in the U.S. left undammed for hydroelectricity. n10
These problems have opened up a market opportunity for wind-generated electricity. Wind
power has stepped in to fill the gap left by traditional power sources and provides new
generation capacity. n11 Builders of wind farms will add about 2750 megawatts (MW) of
generating capacity in 2006, which will produce about as much electricity as is used by the
entire state of Rhode Island. n12
Wind enjoys three main advantages: price, environmental benefits and economic benefits. When
coupled with federal tax credits, new wind turbine designs are now cost-competitive with new
coal plants and natural gas generation. n13 With concerns of global warming rising, wind is an
energy source that results in few greenhouse gasses. Wind power also enjoys political support
for the positive impact it can have on domestic manufacturing industries. n14 Renewable energy
development brings high levels of economic benefits to the local community, when compared to
fossil-powered electricity. n15 Renewable energy is particularly popular in rural areas with few
[*271] other economic prospects. In 2006, a successful challenger for a U.S. Senate seat in
Montana made wind power a prominent part of his campaign. n16
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WIND HAS MANY ENVIORNMETNAL BENEFITS
U.S. Department of Energy, 08 (“20% Wind Energy by 2030: Increasing Wind Energy’s Contribution to
U.S. Electric Supply”, http://www.nrel.gov/docs/fy08osti/42864.pdf, Accessed 7/25/08)
Wind energy is one of the cleanest and most environmentally neutral energy sources in the world
today Compared to conventional fossil fuel energy sources, wind energy generation does not
degrade the quality of our air and water and can make important contributions to reducing climate
change effects and meeting national energy security goals. In addition, it avoids environmental
effects from the mining, drilling, and hazardous waste storage associated with using fossil fuels.
Wind energy offers many ecosystem benefits, especially compared with other forms of electricity
production. Wind energy production can also, however, negatively affect wildlife habitat and
individual species, and measures to mitigate prospective impacts may be required. As with all
responsible industrial development, wind power facilities need to adhere to high standards for
environmental protection.
USE OF WIND CONSERVES WATER WASTED BY OTHER ENERGY

PRODUCTION PROJECTS
U.S. Department of Energy, 08V(“20% Wind Energy by 2030: Increasing Wind Energy’s Contribution
to U.S. Electric Supply”, http://www.nrel.gov/docs/fy08osti/42864.pdf, Accessed 7/25/08)
In contrast, wind energy does not require the level of water resources consumed by many other kinds of
power generation. As a result, it may offer communities in water-stressed areas the option of
economically meeting growing energy needs without increasing demands on valuable water resources.
Wind energy can also provide targeted energy production to serve critical local water system needs such
as irrigation and municipal systems.
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Wind energy is a highly powerful type of energy that would be a non-

pollution and efficient alternative to oil and coal.
Steve, Jaime, 2008. (Director Legislative Affairs, American Wind Energy Association), “Wind Energy
Production Tax Credit (PTC)”, <http://www.awea.org/legislative/pdf/PTC_Fact_Sheet.pdf>, accessed on
7/22/2008. //prarthana
Wind energy offsets other, more polluting sources of energy. That is important because electricity
generation is the largest industrial source of air pollution in the U.S. When wind projects generate
electricity, fuel at other power plants is not consumed.
To generate the same amount of electricity as today’s U.S. wind turbine fleet (16,818 MW) would require
burning 23 million tons of coal (a line of 10-ton trucks over 9,000 miles long) or 75 million barrels of oil
each year.
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SOLVENCY: WIND GOOD (RELIABLE)
Wind power is reliable over time.

0&type=image, Accessed 7/22/08)
Against the background of the dispatchability of conventional energy plants, wind power faces the
challenge of intermittency, since the wind does not blow all the time. Wind is reliable and predictable,
however, over time at any given site. Because wind power uses a free energy source, the cost of wind
energy is front-loaded in the capital investment of siting and installation of the actual technology. With
accurate wind resource data, the power output over time of a wind power installation can be accurately
predicted. This means that the long-term price of power is determined at the onset of the wind project.
Unlike the price of coal or natural gas, the price of wind power is firm over the twenty-five- or thirty-year
life of the facility and not subject to fuel cost increases that utilities merely pass on to their rate payers.
Wind is presently the fastest growing source of new electricity in the world, and it is the only utility-scale
technology that does not depend upon the emission of the by-products of combustion, the need for long-
term care of
waste products, or the consumption of water for either generation or cooling. Few of these unaccounted
savings are currently factored into the economics of energy production
at the point of the monthly electric bill, except for the renewable energy premiums sometimes added
through utility customer choice programs.
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SOLVENCY: WIND GOOD (A/T: BIRD KILLER!)
Bird deaths due to wind are a drop in the bucket – new advances prevent
bird deaths
Brisman, 5 – Law clerk in the United States District Court for Florida. J.D., 2003, University
of Connecticut School of Law[Avi. “THE AESTHETICS OF WIND ENERGY SYSTEMS.” NYU
Environmental Law Journal. 13 N.Y.U. Envtl. L.J. 1, p. Lexis]
According to Jillian Liner, Audubon New York's Important Bird Areas (IBA) Program Coordinator, "as
environmentalists fight to increase the percent of our energy supplied by alternative, "greener' sources, there is one
alternative source that is not getting the immediate green light, even from environmentalists: Wind
power. And one of the concerns is the potential risk to birds." 185 Concern over avian mortality first arose in the early
1990s when more than thirty-three threatened gold eagles and seventy-five other raptors, such as red-tailed hawks, were
in Altamont Pass, California (about sixty
injured or died during a three-year period from collisions with wind turbines
These numbers, however, are not indicative of bird deaths at
miles east of San Francisco). 186 [*71]
other wind farms. According to Reeves and Beck, the turbines in Altamont Pass were sited in
the middle of prime raptor habitat. "Extensive studies performed subsequently at sites
around the U.S. measured only one or two bird deaths per turbine per year," they explain. 187
This is a small number when one considers that [*72] "estimates of annual bird fatalities due
to collisions with man-made structures in the United States range from 100 million to
greater than 1 billion." 188
The AWEA has also attempted to assuage concerns over bird deaths:
Wind's overall impact on birds is low compared with other human-related sources of avian mortality . . . . No matter how
bird deaths from wind energy are unlikely to ever reach as
extensively wind is developed in the future,
high as 1% of those from other human-related sources such as hunters, house cats, buildings, and autos.
Wind is, quite literally, a drop in the bucket. 189
These already low numbers should continue to drop given that "birds
can see (and avoid) the newer, larger,
more slowly rotating rotors more easily." 190 In addition, research has found that [*73] painting
turbine blades and installing sonar systems helps reduce the likelihood of avian mortality.
191 Nevertheless, the stigma of wind turbines as "condor Cuisinarts" 192 persists, posing an unfortunate problem for wind
farm developers. Two commentators have noted that "wind energy's ability to emerge as a positive symbol of environmentally
responsible energy production will be seriously jeopardized if wind turbines become popularly associated with the death of
[birds]." 193
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Wind turbines have been designed to reduce their effect on birds
Cotter ‘07
(Christopher, JD Candidate Univ of Dayton School of Law, “COMMENT: WIND POWER
AND THE RENEWABLE PORTFOLIO STANDARD: AN OHIO ANALYSIS” 32 Dayton L. Rev.
405, LEXIS)
The AWEA lists five ways turbine manufacturers have designed wind turbines to
reduce their effect on avian mortalities: 1) reducing the number of perches; 2)
reducing the amount of noise; 3) configuring the placement of turbines in a wind
farm to reduce the possibility of birds getting caught (for instance, spacing them
farther apart in more densely- [*421] populated bird areas); 4) changing the
blade painting pattern so that it contrasts with the general background; and 5)
broadcasting a certain radio frequency to discourage birds from entering wind
farm areas. n184
Wind turbines cause less bird deaths than other energy sources
Cotter ‘07
(Christopher, JD Candidate Univ of Dayton School of Law, “COMMENT: WIND POWER

AND THE RENEWABLE PORTFOLIO STANDARD: AN OHIO ANALYSIS” 32 Dayton L. Rev.
405, LEXIS)
Proponents such as the AWEA, also remind the public that other energy sources
involve avian deaths. n185 The Exxon Valdez oil spill in Alaska resulted in the deaths
of more than 500,000 migratory birds. n186 A single Florida coal-fired power plant
with four smokestacks caused 3,000 avian deaths in a single evening during a fall
migration. n187 A study of bird deaths in California revealed: birds flying into
buildings and windows caused 55% of bird deaths, automobile collisions caused 7%
of bird deaths, and wind turbines caused less than 0.01% of bird deaths. n188 As
with issues surrounding the noise impact, wind power observers do not expect avian
deaths to have any major impact on its continued development. n189
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Studies prove wind doesn’t hurt birds

Inside Energy ‘07
(Inside Energy with Federal Lands, May 7, Congress told wind farms not causing
major bird kills; experts urge steps, lexis)
A well-regarded council told Congress last week that it found "no evidence" that
large wind-energy projects have caused major losses of birds, but called for
adoption of new policies that could be used to limit disturbances resulting from the
burgeoning industry. That conclusion and recommendation were among many in a
detailed study on the environmental impacts of wind energy requested by
lawmakers and produced by the National Research Council, part of The National
Academies. The report is likely to color future House and Senate debates over the
renewable energy source. The council examined onshore wind farms and focused
on the Mid-Atlantic region, one place in the United States where there has been high
concern that the facilities were wiping out bird species. It said it had no data
indicating there have been "measurable changes" in bird populations due to wind
farms, with the single exception of the Altamont Pass project in California. There, the
turbines blades are older and shorter than ones used in new wind farms and tended
to kill eagles, hawks and other raptors.
That’s an urban myth: turbines are placed away from flight paths
Record Online ‘08
(Sustainable Living: Wind-powered energy grows in popularity, April
6,http://www.recordonline.com/apps/pbcs.dll/article?AID=/20080406/NEWS/8040603
25/-1/NEWS)
Urban myths claim that wind turbines are noisy and kill birds. "Small wind turbines
do make some noise, but not enough to be found objectionable by most people. A
typical residential wind system makes less noise than the average washing
machine," says the American Wind Energy Association Web site. The National
Audubon Society Web site states that "Audubon strongly supports wind power as a
clean alternative energy source that reduces the threat of global warming. Location,
however, is important." A poorly sited early wind project in California was
responsible for killing many raptors. Newer wind farms are sited away from flight
paths and endangered bird populations. The most positive factor about small-scale
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wind power is that wind turbines produce no pollution and, by using wind power,
you will be offsetting climate change.
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Even if turbines cause bird deaths, it doesn’t significantly effect bird

populations
The National Academic News 2007
(National academy of science, news release,
http://www8.nationalacademies.org/onpinews/newsitem.aspx?RecordID=119350,
May 3, 2007.)
Wind facilities can have certain adverse environmental effects on a local

or regional level, by damaging habitat and killing birds and bats that fly
into turbines. Among birds, the most frequent turbine fatalities are nocturnal,
migrating songbirds, probably because of their abundance, the report says.
However, the committee saw no evidence that fatalities from existing
wind facilities are causing measurable changes in bird populations in the
United States. A possible exception is deaths among birds of prey, such as eagles
and hawks, near Altamont Pass, Calif. -- a facility with older, smaller turbines that
appear more apt to kill such birds than newer turbines are.
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SOLVENCY: WIND POWER GOOD (A/T: WEATHER PATTERNS)
Wind energy does not disrupt weather patterns

Simon ‘07 (Christopher A.,Assistant Prof of Pol Science at university of Nevada, Alternative energy:
political, economic, and social feasibility, page 49).
There has been some discussion of the possibility of climatological impacts of wind generation
systems. Nonmainstream scientists and other concerned individuals speculate that large-scale
systems—such as those found in northern California—may change the regional weather. At this
point, mainstream scientists find little credence in the argument that weather patterns will be
altered by wind farms. Climatologists point out that the impact of the use of fossil fuels and
the gravitational influences of the moon on the Earth are more readily detectable than any
possible impact of “wind farms,” although it is conceivable that large-scale wind generation
facilities could minutely slow the wind in the region.
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SOLVENCY: WIND GOOD (ELECTRICITY PRICES)
WIND HAS THE ABILITY TO PROVIDE FOR ALL U.S. ELECTRICTY NEEDS AND
IS THE CHEPEST FORM OF ALTERNATIVE ENRGY
WorldWatch Institute and the Center for American Progress ’06 (American Energy: The Renewable Path
to Energy Security, SEPTEMBER,
images1.americanprogress.org/il80web20037/americanenergynow/AmericanEnergy.pdf, Accessed
7/24/08)
The wind that sweeps across America is one of the country’s most abundant energy resources.
About one-fourth of the total land area of the United States has winds powerful enough to generate
electricity as cheaply as natural gas or coal at today’s prices. According to government-sponsored
studies, the wind resources of Kansas, North Dakota, and Texas alone are in principle sufficient to
provide all the electricity the nation currently uses. Although wind power presently provides less
than 1 percent of U.S. electricity, it is poised to expand dramatically. Wind energy technology has
advanced steadily over the past two decades. Average turbine size has increased from less than 100
kW in the early 1980s to more than 1,200 kW today, with machines up to 5,000 kW under
development. The largest machines have blade spans over 300 feet, compared with roughly 200 feet
for a typical jumbo jet. Additional advances, from lighter and more flexible blades to sophisticated
computer controls, variable speed operation, and direct-drive generators, have driven costs down to
the point where windfarms on good sites can generate electricity for 3–5 cents per kilowatt-hour.
These advances, together with sharp increases in natural gas prices, have made wind power the least
expensive source of new electricity in many regions.
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SOLVENCY: WIND GOOD (CHEAP!)
Wind power is the least expensive source of new electricity

Worldwatch Institute of American Progress, 2006
(American Energy: The Renewable Path to Energy Security, p. 26).
Additional advances, from lighter and more flexible blades to sophisticated computer controls,
variable speed operation, and direct-drive generators, have driven costs down to the point
where wind farms on good sites can generate electricity for 3–5 cents per kilowatt-hour. These
advances, together with sharp increases in natural gas prices, have made wind power the least
expensive source of new electricity in many regions.
Wind energy is an abundant alternate energy and is cost competitive

Worldwatch Institute of American Progress, 2006
(American Energy: The Renewable Path to Energy Security, p. 26).
The wind that sweeps across America is one of the country’s most abundant energy resources.
About one-fourth of the total land area of the United States has winds powerful enough to
generate electricity as cheaply as natural gas or coal at today’s prices. According to government-
sponsored studies, the wind resources of Kansas, North Dakota, and Texas alone are in
principle sufficient to provide all the electricity the nation currently uses.
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SOLVENCY: WIND DECREASE EMISSIONS
WIND IS THE MOST PRODUCTIVE WAY TO REDUCE EMISSIONS

ROBERTS ’04 (Paul, The End of Oil: On the edge of perilous world, p. 198-199).
And because wind turbines are emission-free, they are exceedingly attractive utilities hoping to
cut sulfur emissions or get credit for reducing emissions of carbon dioxide. In fact, says Flavin, in
the current power markets—where demand for electricity is growing, but where high gas prices,
environmental concerns, and fuel price volatility are making new gas- or coal-fired power plants
unattractive, wind begins to look downright sensible. “If you’re a utility needing to expand your
supply and can’t build coal anywhere, and nuclear isn’t an option and gas carries a price risk,
you don’t have many options,” says Flavin.
WIND REDUCES EMISSIONS
Worldwatch Institute of American Progress, 2006(American Energy: The Renewable Path to Energy
Security, p. 27).
On balance, the environmental, economic, and social benefits of wind power outweigh the costs.
During 2005, wind turbines operating in the United States offset the emission of 3.5 million tons
of carbon dioxide, while reducing natural gas demand for power generation by 4–5 percent.
Wind farms can be permitted and built far faster than conventional power plants. And by some
estimates, every 100 MW of wind capacity creates 200 construction jobs, 2–5 permanent jobs, and
up to $1 million in local property tax revenue.
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SOLVENCY – US ACTION KEY
USFG action is key – only they can do the plan.
Dubois ’06 (Leslie, writer for Energy Law Journal, “COMMENT: CURIOSITY AND CARBON:
EXAMINING THE FUTURE OF CARBON SEQUESTRATION AND THE ACCOMPANYING
JURISDICTIONAL ISSUES AS OUTLINED IN THE INDIAN ENERGY TITLE OF THE 2005
ENERGY POLICY ACT” 27 Energy L. J. 603, LEXIS)
The federal government exercises jurisdiction over tribes concerning environmental and energy issues
through administrative agencies exercising authority granted by Congress. n121 The courts have used the
government's fiduciary or trust duty as a basis for awarding damages for the "mismanagement of Indian
resources ..." when the federal agency "has been assigned comprehensive responsibility to manage them
for the benefit of tribes." n122
The federal government holds much of tribal land in trust and may exercise control over the tribes by
requiring federal governmental approval for contracts made regarding Indian interests in land. n123 For
example, the Secretary of the Interior, or a designee thereof, must approve agreements or contracts
with tribes that encumber "Indian lands for a period of 7 or more years." n124 Thus, if energy contracts
regarding sequestration last for more than seven years, the approval of the Secretary of the Interior
would be necessary in order for the contract to be valid unless the contract is covered under the new
procedures in the Indian Energy Title. It should be noted, however, that Secretarial review is
applicable only to tribal trust lands and not agreements regarding tribal land held in fee. Therefore, if
sequestration and subsequent carbon trading occurred on tribally held fee land, Secretarial approval of
carbon trading agreements would not be necessary. n125
The EPA, an administrative agency, has a subsidiary American Indian Environmental Office that
exercises jurisdiction over enforcing environmental protection laws on Indian reservations. n126 While
there is no definitive answer on how the federal government will treat carbon trade and sequestration
on tribal lands, the EPA currently exercises authority over various aspects of tribal environmental
issues. n127 In addition, it authorizes tribes to assume responsibility [*616] to adopt water or air
quality standards for their reservations under the Clean Water Act and the Clean Air Act. n128 As such,
it is logical that tribes may extend this power to regulation of carbon sequestration and the carbon
trade internally.
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SOLVENCY – US ACTION KEY
The federal government must take action to redress historical

wrongdoings
Churchill ’03 (Ward, American Writer and Political Activist, former professor of ethnic studies at
the University of Colorado at Boulder, Routledge,Acts of Rebellion: The Ward Churchill Reader pg
70-1)
In this changing context, the federal government has once again begun to engage in "damage control,"
allowing a calculated range of concessions in order to bolster .4 what it seeks to project as its image
abroad. Notably, in 1974, the U.S. Supreme 1 Court announced for the first time that American Indians
have a right to pursue the actual recovery of stolen land through the federal judiciary.5° Although resort
to the courts of the colonizer is hardly an ideal solution to the issues raised by indigenous nations, it does
place another tool in the inventory of means by which we can now pursue our rights. It has, moreover,
resulted in measurable gains for some of us over the past quarter-century. Probably the best example of
this is the suit, first entered in 1972 under the auspices of a sponsoring organization, of the basically
landless Passamaquoddy and Penobscot Nations in present-day Maine to some twelve million acres
acknowledged as being theirs in a series of letters dating from the 1790s and signed by George
Washington." Since it was demonstrated that no ratified treaty existed by which the Indians had ceded
their land, U.S. District Judge Edward T. Gignoux ordered a settlement acceptable to the majority of the
native people involved.52 This resulted in the recovery, in 1980, of some 300,000 acres of land, and
payment of $27 million in compensatory. damages by the federal government.53 In a similarly argued
case, the Narragansetts of Rhode Island—not previously recognized by the government as still existing—
were in 1978 able to win not only recognition of themselves, but to recover 1,800 acres of the remaining
3,200 stripped from them in 1880 by unilateral action of the state." In another instance, the Mashantucket
Pequot people of Connecticut filed suit in 1976 to recover 800 of the 2,000 acres comprising their original
reservation, created by the Connecticut Colony in 1686 but reduced to 184 acres by the State of Con-
necticut after the American War of Independence.55 Pursuant to a settlement agreement arrived at with
the state in 1982, Congress passed an act providing funds to acquire the desired acreage. It was promptly
vetoed by Ronald Reagan on April 11, 1983.56 After the Senate Select Committee on Indian Affairs
convened hearings on the matter, however, Reagan agreed to a slight revision of the statute, affixing his
signature on October 18 the same year.57
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SOLVENCY: US ACTION KEY
FEDERAL INCENTIVES ARE KEY TO ENSURE SUSTAINABLE RENEWABLE

ENERGY FROM NATIVE AMERICAN
Hall ’04 (Tex, President of National Congress of American Indians, US Department of Energy, “Wind and
http://www.eere.energy.gov/windandhydro/windpoweringamerica/filter_detail.asp?itemid=678&print, 7-24-08)
Tribes in the Great Plains could look to the wind as a constant source of renewable energy to
help meet our own local energy needs in a way that protects our air, water, and land. Tribes are
interested in protecting their sovereignty and providing for their reservation communities.
Tribally owned wind projects can provide an opportunity to generate power locally in a clean
way that meets our needs in an affordable way, now and for the future. Wind power can provide
several sources of revenue to the tribe, through the sale of energy, the sale of green tags, and the
use of production incentives.
But to realize this potential, tribes need technical assistance from the federal government to
assess our resources and site projects. We need to level the economic playing field so that tribes
can use the production incentives available to off-reservation development. Tribes need access to
the federal grid to bring our value-added electricity to market throughout our region and
beyond.
FEDERAL INCENTIVES FULLFILL THE FEDERAL TRUST RESPONSIBILITY TO TRIBAL

NATIONS
Hall ’04 (Tex, President of National Congress of American Indians, US Department of Energy, “Wind and
http://www.eere.energy.gov/windandhydro/windpoweringamerica/filter_detail.asp?itemid=678&print, 7-
24-08)
First, it is essential to continue funding the U.S. Department of Energy (DOE) grants program
for renewable energy projects because they provide funding for planning, feasibility, and
development of real projects. The DOE and the Wind Powering America program have initiated
a meaningful outreach to Tribes through the Native American Wind Interest Groups and
technical assistance partnerships. This is a great model that demonstrates the trust responsibility
of the U.S. Government to the Tribal Nations.
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IMPACT CALCULUS
STATUS QUO POLICIES ENSURE UNEQUAL TREATMENT AND ALLOWS FOR

POPULATIONS TO BE SACRIFIED – WHICH MEANS ALL THE NEG IMPACTS
ARE INEVITABLE.
Bullard ’02 (Robert D., Clark Atlanta Univ. Environ Justice Resource Center Dir., “Poverty, pollution,
and environmental racism: strategies for building healthy and sustainable communities” National Black
Justice Environmental Network. July 2. http://www.ejrc.cau.edu/PovpolEj.html)
The dominant environmental protection paradigm manages, regulates, and distributes risks. It also
institutionalizes unequal enforcement, trades human health for profit, places the burden of proof on the
"victims" and not the polluting industry, legitimates human exposure to harmful chemicals, pesticides, and
hazardous substances, promotes "risky" technologies, exploits the vulnerability of economically and
politically disenfranchised communities, subsidizes ecological destruction, creates an industry around risk
assessment and risk management, delays cleanup actions, and fails to develop pollution prevention as the
overarching and dominant strategy.
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IMPACT CALCULUS
THE NEGATIVE CALCULATIONS REDUCE NUCLEAR CATASTROPHE TO EXTINCTION

WHICH DISCOUNTS THE HISTORY OF ONGOING, SYSTEMIC NUCLEAR VIOLENCE
AGAINST INDIGENOUS NATIONS.
Kato ’93 (Masahide , Pol Science Prof at Univ. of Hawaii, “Nuclear Globalism: Traversing Rocket,
Satellites, and Nuclear War via the Strategic Gaze”, Alternatives, 18.3)
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Beyond utilitarian concerns, principle requires an affirmative ballot – must

recognize innate indigenous self-determination rights to ensure survival
Suagee ’92 (Dean B., Lawyer – specializes in Native American law and environmental law, University of
DAWN OF THE SOLAR AGE”, SPRING AND SUMMER, 1992, 25 U. Mich. J.L. Reform 671, LEXIS)
All over the world, indigenous peoples n16 are fighting for their lives and for their ways of
life. n17 Some indigenous peoples have been engaged in these struggles for hundreds of years, while other peoples, because
of the remoteness of the environments in which they live, have been spared from such struggles until more recent times. But
remoteness no longer ensures protection. The industrialized countries of the world and transnational
corporations now have the technological capability to extract oil from the once untouchable
Arctic and Amazon, to build massive hydropower dams, to rearrange river systems from the
tundra to the tropics, and to clearcut forests virtually anywhere in the world. The governments
of the less developed countries also have access to this brutal technological capability.The economies, the
cultures, and the religious world views of indigenous peoples are based upon the
environments in [*679] which they live. n18 The destruction of these environments renders
the survival of these peoples as distinct societies difficult or impossible. Despite the forces that
threaten their survival, however, indigenous peoples in many parts of the world somehow have managed to carry on. With a
total estimated population of some 200 to 300 million, indigenous peoples constitute about four or five percent of the world's
population. n19Even though indigenous peoples are minority cultures, n20 they rightly insist that we draw a distinction
between them and ethnic or national minorities. Generally, the distinction reflects the legacy of the age of colonialism. One
definition of the term "indigenous" was proposed by the Special Rapporteur on the Problem of Discrimination against
Indigenous Populations, who was appointed under the auspices of the United Nations Sub-Commission on Prevention of
Discrimination and Protection of Minorities: Indigenous communities, peoples and nations are those which, having a historical
continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from
other sectors of the societies now prevailing in those territories, or parts of them. They form at present non-dominant sectors of
society and are determined to preserve, develop and transmit to future generations their ancestral territories, [*680] and their
ethnic identity, as the basis of their continued existence as peoples, in accordance with their own cultural patterns, social
institutions and legal systems. n21 Although no commonly accepted definition of indigenous peoples has yet been fashioned,
n22 the Special Rapporteur's definition includes some of the key concepts that fit most cases. Particularly, it includes the
concepts that indigenous peoples identify themselves as indigenous, that their ways of life are tied to their ancestral territories,
that peoples who are relative newcomers exercise some degree of political domination over them, and that they are determined
to remain distinct peoples. Although some of these factors also apply to many ethnic minorities, the cultural connection to
ancestral lands generally serves to distinguish indigenous peoples from ethnic minorities. n23 All over the world, indigenous
peoples express their connection to their lands and their respect for the environment in spiritual terms. n24 They provide living
proof that it is possible [*681] for human societies to provide for their needs over countless generations without destroying the
ecosystems on which
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they depend, and that religious teachings can serve at least as well as science in setting the rules for living in balance with the
natural world. Although some indigenous peoples do not face imminent threats to their survival as distinct peoples, many do,
and the forces that threaten them are largely beyond their control. To a large extent, the peoples of the
industrialized (and industrializing) world have the power to decide whether indigenous
peoples will survive. Utilitarian reasons can be advanced for ensuring indigenous peoples'
survival. For instance, we can learn from their experience in balancing human needs with environmental preservation and
from their knowledge of herbal medicine. To do this, however, we need to take some time to appreciate the subtleties of
teachings which have been handed down over countless generations since mythic time. At another level, however,
one can argue that we should not be governed by utilitarian thinking alone. We should act
instead on principle. Indigenous peoples are part of the human family and we should treat
them as such. We should recognize that they are entitled to human rights under
international law as a matter of principle.
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A/T: NUCLEAR WAR MPX (KATO)
APOCALYPTIC IMAGERY THAT REPRESENTS NUCLEAR WAR AS AN UNTHINKABLE

CATASTROPHE MASKS THE REAL CATASTROPHE OF EVERYDAY NUCLEAR VIOLENCE
AGAINST INDIGENOUS NATIONS
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DEPICTIONS OF NUCLEAR CATASTROPHE ONLY RECOGNIZE INTERSTATE WAR – THIS

IGNORES THE DECADES OF NUCLEAR VIOLENCE AGAINST INDIGENOUS NATIONS
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THE ONLY WAY TO RESIST EXTERMINATION IS TO FORGE A LINK BETWEEN

ANTINUCLEAR AND ENVIRONMENTAL MOVEMENTS – WHICH IS BLOCKED BY THEIR
DISCOURSE WHICH HIDES THE VIOLENCE AGAINST INDIGENOUS NATIONS
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THE NEGATIVE’S REPRESENTATIONS REDUCE NUCLEAR CATASTROPHE TO THE

FINAL POINT OF TOTAL EXTINCTION WHICH DISCOUNTS THE ENTIRE HISTORY OF
THE ONGOING, SYSTEMIC NUCLEAR VIOLENCE AGAINST INDIGENOUS NATIONS
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A/T: NUCLEAR WAR MPX (KULETZ)
THE IMPACT OF NUCLEARISM IS NOT JUST PHYSICAL VIOLENCE – IT ALSO INCLUDES

THE CULTURAL EXTERMINATION OF NATIVE AMERICANS
Kuletz ’98 (Valerie, Prof of American Studies at Univer of Canterbury,The Tainted Desert: Environmental
Ruin in the American West, pg. 51)
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A/T: COUNTERPLANS
TAX CREDITS ARE THE ONLY WAY TO SOLVE WIND – ALTERNATIVE METHODS FAIL
Shahinian ’08 (Mark Shahinian, 3rd year law student at University of Michigan, “Special Feature: The
Tax Man Cometh Not: How the non-transferability of tax credits harms Indian tribes” American
Indian Law Review, 32 Am. Indian L. Rev. 267)
Many other methods have been proposed for financing wind farms. However, these methods all fail
to satisfy both the financing requirements for a wind project and the cultural and business
requirements of the tribes. It is the lack of assignability of the production tax credits discussed supra
that precludes development of tribally owned wind farms. Other forms of financing cannot compete
with a wind farm that benefits from the PTC.
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A/T: CP – PTCS ARE KEY
OTHER FINANCING METHODS WILL NOT WORK – ONLY THE PTC WILL ENCOURAGE
WIND ON NATIVE LANDS
Many other methods have been proposed for financing wind farms. However, these methods all
fail to satisfy both the financing requirements for a wind project and the cultural and business
requirements of the tribes. It is the lack of assignability of the production tax credits discussed
supra that precludes development of tribally owned wind farms. Other forms of financing cannot
compete with a wind farm that benefits from the PTC.
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A/T: STATES CP
States lack jurisdiction over Native American nations

Suagee ’92 (Dean B., lawyer specializing in Native American Law and Environment, University of
DAWN OF THE SOLAR AGE”, SPRING AND SUMMER, 1992, 25 U. Mich. J.L. Reform 671, Lexis)
Indian tribes have governmental powers as an aspect of their original or inherent sovereignty, but
these powers can be divested by Congress through its "plenary power." n112 Within their
reservations, tribes generally retain all powers other than those they gave up in treaties, had taken
away by an express act of Congress, or had taken away by implicit divestiture as a result of their
dependent status. n113 Accordingly, the tribes have authority over a wide range of subject matter,
although the federal government has concurrent authority over much of this range. State
governments generally lack jurisdiction over tribes and Indians within reservations, unless
expressly granted jurisdiction by the federal government, n114 but states generally do have
jurisdiction over non-Indians within reservations, except when preempted by federal law n115 or
when the exercise of state authority would infringe upon tribal self-government. n116
States will try to take jurisdiction over native lands

Weaver ’96 [Jace, Associate Professor of American Studies, Cultural Studies, and Law at Yale
University,Defending Mother Earth: Native American Perspectives on Environmental Justice, Page
109-110]
The impact of mining in western states has placed a severe burden on the environment. The associated
problems, perceived need for development and resources, and a myriad of other environmental issues
have created tensions among Native nations and the federal and state governments. Historically, western
states have pressured the federal government and the tribes to permit a sharing of responsibility with
regard to Indian lands. They have done so under the banner of proper balance between environmental
protection and development. With the onset of the energy crisis in the 1970s, states became determined
"to acquire additional control over developmental activities within their borders
regardless of whether such development occurs on private, state [tribal], or federal lands In the absence of
federal or tribal authorization to regulate Indian lands within their borders, states unilaterally sought
jurisdiction over such lands .
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A/T: STATES CP (PERM SOLVENCY)
INCREASING RENEWABLE PROJECTS REQUIRES ASSISTANCE FROM THE

FEDERAL AND STATE GOVERNMENTS
McKinnon ’07 (Shaun, REPORT: TRIBES MOST VULNERABLE TO CLIMATE SHIFT; WATER, FOOD
SUPPLIES AT RISK,” The Arizona Republic (Phoenix), Sept. 25, Pg. 1, LEXIS)
"While climate change will affect everyone, it will affect some disproportionately," said Jonathan Hanna,
a research fellow at the University of Colorado at Boulder and author of the report. "Native American
communities are among the most vulnerable to a changing climate." Deepening droughts expected by
climate scientists could further squeeze water supplies across the Southwest and worsen shortages for
tribes, such as Arizona's Navajo Nation, that lack secure water rights, the report said. Rising ocean levels
and melting Alaskan tundra would wipe out native lands, while changing river cycles threaten salmon that
have sustained Northwest tribes for centuries. The researchers say reservations could benefit from the
need for more renewable energy sources, such as wind and solar power, but the tribes need help
from state and federal leaders.
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A/T: CP (STANDARD FLIP MODEL)
STANDARD FLIP MODEL PRESENTS MAJOR PROBLEMS FOR NATIVE
This Standard Flip model presents two key problems that seem small to outsiders, but have proven
insurmountable in the tribal context. First, the outcome of flips is completely unknown. The wind
market is young, and few, if any projects have actually passed the ten-year mark and flipped over.
[*280] Therefore, there are no data points to suggest what "fair market value" might be for a ten-
year-old wind farm. Tribes, as naturally conservative government entities, are wary of this
arrangement. n54 Second, the Standard Flip conflicts with the tribes' desire to own the resource
projects on their lands. On the Rosebud reservation, for example, a 30MW wind farm has been
proposed for tribal lands, with a Standard Flip model of ownership. n55 However, the tribal council
nearly killed the project, expressing strong reservations about outside ownership of the project and
the flip model. "Ownership is important to the tribes" said Ken Haukaas, the Rosebud tribal official in
charge of implementing the wind project. "They want to own it." n56 Tribal concerns about outside
ownership are founded on historical experience; as recently as the 1990s, the Rosebud Sioux tribe
became embroiled in a major legal battle with an outside investor who owned a pork production
facility on the reservation.
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A/T: CP (MINNESOTA FLIP MODEL)
MINNESOTA FLIP MODEL NOT EFFECTIVE FOR NATIVE WIND DEVELOPMENT OUTSIDE
OF MINNESOTA
However, the Minnesota Flip has never done well outside Minnesota. Without the small project
size, state support and high prices, outside investors have not felt comfortable with a model that
forces an investor to put up 99% of the capital (to gain 99% of the cash flow) but subjects that
taxable partner to the risks associated with minority ownership status. None of these three
[*281] factors (small project size, state subsidy and high electricity prices) are present in the
Great Plains states or the Southwest - the areas likely to see significant tribal wind
development.
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A/T: CP (LANDOWNER PAYMENTS)
LAND-OWNER PAYMENT MODEL IS NOT DESIRABLE OPTION FOR NATIVE

AMERICANS
Another proposal has been for tribes to take landowner payments for placing wind turbines on
their land - becoming a passive partner in wind projects. Unfortunately, landowner payments for
a project are tiny compared to the overall profits of a project, and this option would not benefit
tribes much. Landowner payments for wind projects cluster around $ 4000 to $ 6000 per
turbine per year. n61 However, the return on a large wind turbine can equal $ 270,000 - $
340,000 per year - over fifty times the landowner payments. n62 Clearly, the money is in owning
projects, not in being a landowner.
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A/T: CP (BOND FINANCING)
NATIVES FACE MANY OBSTACLES THROUGH BOND FINANCING OF WIND

PROJECTS
Financing tribal wind farms though low-priced bonds also does not work in practice. Recent
research has shown the problems tribes encounter in seeking cheap or subsidized sources of
capital that would obviate the need to take advantage of the PTC. n63
The most obvious source of this cheap money would be tax-exempt bonds issued by tribal
governments. However, tax-exempt bonds present two problems. First, tribes have had
problems convincing the IRS that tribal projects are part of an "essential government function"
as required for tribal tax-exempt bonds. n64 Meeting this standard will be more problematic for
large wind farms designed to sell power to off-reservation customers - precisely the kind of wind
farm that will make tribes the most money. Second, even if financed with tax-free bonds, tribal
projects do worse than PTC-enabled projects in a side-by-side comparison and do not meet
standard requirements for return on investment. n65
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A/T: SPENDING—ECON DISADS
PRODUCTION TAX CREDITS ARE REVENUE NEUTRAL
Intertribal Council on Utility Policy ’06 (Intertribal COUP, Background Policy Paper for a Comparable
and Appropriate Tribal Energy Production Incentive “Tribal Joint Venture Production Tax Credit,”
http://intertribalcoup.org/policy/index.html, 6-21-06, accessed: 7-24-8).
Shared PTC : What is needed to encourage Tribal development is an incentive that allows for a
substantial degree of tribal project ownership, coupled with the suitability, certainty and
availability of private investment capital that could be obtained through a tradable or
assignable PTC circumscribed within a tribal joint venture, partnering a tribe (or tribes) with
a taxable partner for reservation based projects. A PTC sharing partnership would simply
allow Tribes to assign their presently unusable tax credits with their taxable, equity partners
within federally recorded tribal joint ventures. This limited application of the full PTC to
known and identifiable taxable entities within a tribal project partnership would bring both
credit accountability and much needed private capital to tribal economic development in a
manner that supports tribal sovereignty and meets the federal trust responsibility within the
federally designed system of economic energy incentives. A tradable PTC within a tribal joint
venture, such as a tribal energy resource development organization, would provide a tribal
energy production incentive in a revenue-neutral manner, wherein the same PTC would
otherwise be used by the taxable partner on other off-reservation projects that would exclude
any tribal ownership interest.
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Wind is the most effective renewable

Singh ’01 (Virinder,” THE WORK THAT GOES INTO RENEWABLE ENERGY” Renewable Energy
Policy Project, No. 13, November 2001,
http://www.repp.org/articles/static/1/binaries/LABOR_FINAL_REV.pdf, accessed 7-24-08)
Because the U.S. electricity sector overwhelmingly relies upon electricity generated by large, central-
station power plants connected to customers by long transmission and distribution wires, it is not
surprising that the bulk of national renewable energy generation also comes from central-station
plants such as wind, geothermal and biomass. This trend is not likely to change significantly in
the near future. Wind energy, and particularly large turbines concentrated in wind “farms”, will
capture the vast majority of the 2,000 megawatts (MW) of renewables to be built in Texas by 2009.
With wind turbines growing in size and productivity (many new turbines in the market are now 1 MW
and larger, compared to 600-kW to 750-kW just a couple of years ago), wind power on average is the
cheapest source of new renewable energy in the United States today.
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The PTC pays for itself through the tax revenue it makes.
Global Power Report, June 26, 2008 (Global Power Report, “General Electric study argues that wind
projects generate more in taxes than they cost in credits”,
http://www.lexisnexis.com.ezproxy.mnl.umkc.edu/us/lnacademic/results/docview/docview.do?docLinkInd
=true&risb=21_T4217194143&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29
_T4217194152&cisb=22_T4217194151&treeMax=true&treeWidth=0&csi=8146&docNo=2, Lexis, Date
Accessed 7/22/08)
The federal production tax credit for wind energy more than pays for itself through tax revenue from a
project's income, vendor's profits and workers' wages, according to a study by GE Energy Financial
Services.
GE released the study June 18 at the American Council on Renewable Energy's Renewable Energy
Finance Forum in New York.
"Congress is debating how to pay for the wind tax credits perhaps without realizing that, over time, wind
farms pump more money into the US Treasury and state and local coffers than they take out," Kevin
Walsh, GE EFS' managing director of renewable energy, said at the conference. "Our study shows that the
wind farms more than pay for themselves through existing tax revenues, so it's time to renew the
incentives immediately."
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A/T: SPENDING—ECON DISADS (TURN!!)
WIND DEVELOPMENT WOULD PROVIDE JOBS AND PUMP MONEY INTO THE
ECONOMY
WorldWatch Institute and the Center for American Progress’06

(American Energy: The Renewable Path to Energy Security, September,
images1.americanprogress.org/il80web20037/americanenergynow/AmericanEnergy.pdf, Accessed
7/25/08)
A 2004 Renewable Energy Policy Project study determined that increasing U.S. wind capacity to
50,000 M about five times today’s level—would create 150,000 manufacturing jobs, while pumping
$20 billion
in investment into the national economy. Renewable heating and biofuels also offer significant
employment opportunities. The U.S. ethanol industry created nearly 154,000 jobs throughout the
nation’s economy in
2005 alone, boosting household income by $5.7 billion.
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A/T: OIL DISAD
WIND POWER TRADES OFF WITH COAL AND GAS, NOT OIL
U.S. Department of Energy, 08 (“20% Wind Energy by 2030: Increasing Wind Energy’s Contribution to
U.S. Electric Supply”, http://www.nrel.gov/docs/fy08osti/42864.pdf, Accessed 7/24/08)
The fuel displaced by wind-generated electricity depends on the local grid and the type of generation
supply. In most places, natural gas is the primary fuel displaced. Wind energy can displace coal on
electric grids with large amounts of coal-fired generation. In the future, wind energy is likely to offset
more coal by reducing the need to build new coal plants. Regardless of the actual fuel supplanted, more
electricity generated from wind turbines means that other nonrenewable, fossil-based fuels are not
being consumed. In New York, for example, a study prepared for the independent system operator
(ISO) found that if wind energy provided 10% of the state’s peak electricity demand, 65% of the
energy displaced would be from natural gas, followed by coal at 15%, oil at 10%, and electricity
imported from out of state at 10% (Piwko et al. 2005).
NO LINK—ONLY 3% OF ELECTRICITY IS PRODUCED FROM OIL

The Oil Drum ’07 “Photovoltaics: From Waste to Energy-maker,” Oct. 8,
http://www.theoildrum.com/node/3047, accessed 7/24/08)
Previous responses to oil price spikes depended on technology already on the market. The US generated a
substantial amount of its electricity from oil through the 1960's. When the oil price shocks of the 1970's
hit, the response was to accelerate the on-going construction of nuclear electric plants; no new
"Manhattan Project" was required, because the old one did just fine. Today, only about 3% of US electric
generation comes from oil and oil byproducts (including petroleum coke).
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A/T: FEDERALISM DISAD
1) Non-unique – the PTC is in place now for non-natives
2) No internal link – incentives for renewable energy are a cooperative enterprise – the states and
the federal government actively work together
Runyon, ‘8 - Managing Editor @ Renewable World Online
[Jennifer. “Report: Update on State Renewable Portfolio Standards.”
http://www.renewableenergyworld.com/rea/news/story?id=52240]
Wiser thinks more action at the federal level will probably be necessary. "State RPS policies, while
impressive, are still modest in scope if the goal is to significantly diversify the nation's electricity
supplies, and to significantly drive down carbon emissions," he says. "If those are our goals, then federal
action appears necessary, whether through a federal RPS, a long-term extension of renewable energy tax
incentives, or through federal climate-change policy."
Wiser believes that all policies deserve attention and debate, "proponents of feed-in tariffs, tax incentives,
and RPS policies should all be heard," he says.
"But, let's also recognize that our existing mix of state and Federal policies — primarily federal tax
incentives and state RPS programs — are beginning to have a significant impact on renewable energy
markets in the U.S.," says Wiser.
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A/T: HEIDEGGER/TECH Kritiks
The ‘sustainable’ technology of the plan is also ontological—it represents

a different way of knowing and engaging the world, which must be
evaluated in comparison to current fossil fuel extraction.
Powell ‘06(Dana E., “Technologies of Existence: The indigenous environmental justice movement”,
Development (2006) 49(3), pp. 125–132, http://www.palgrave-
journals.com/development/journal/v49/n3/pdf/1100287a.pdf)
The significance of the relatively recent emergence of wind and solar technologies as tribal
development projects is that tribes are increasingly connecting into this network of renewable
energy activism as a means of economic growth, ecological protection, and cultural preservation.
Seemingly an oxymoron -- to preserve ‘tradition’ with the use of high-tech machines-- advocates of
wind and solar power emphasize that cultural preservation is itself about flexible practices, change,
and honouring worldviews in which the modernist distinction between nature and culture is
nonsensical. In other words, when some of the most important cultural resources are the land itself
(i.e., mountains for ceremonies, waters for fishing, soils for growing indigenous foods), to protect
nature is also to protect culture. As Bruno Latour has also argued, this natures-cultures epistemology
is also ontology --a different way of knowing, inhabiting and engaging the world (Latour, 1993,
2005). Wind turbines and solar photovoltaic panels are articulating with this worldview, and at the
same time articulating with many tribes’ desires to move beyond fossil fuel extraction as a primary
means of economic development, and towards natural resource practices that are more ‘sustainable’.
The wind and the sun introduce new elements of common property to be harnessed for alternative
development projects and increased decentralization and ownership over the means of power
production.
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A/T: KRITIKS (DEVELOPMENT/CAPITALISM/BIOPOLITX)
The aff utilizes renewable energy to emphasize concepts of sustainability and environmental justice
which move beyond status quo biopolitical models of development, while avoiding the traps of
neoliberalism and essentialism.
Powell ’06 (Dana E., “Technologies of Existence: The indigenous environmental justice movement”,
Development (2006) 49(3), pp. 125–132, http://www.palgrave-
journals.com/development/journal/v49/n3/pdf/1100287a.pdf)
Technologies of existence
This recent emergence of renewable energy technologies on reservations inspires analysis of natural
resource conflicts to move beyond models of resistance in understanding controversies and social
struggles over resource management and energy production to seeing the ways in which concepts such
as ‘sustainability’ are being resignified through the introduction of what I argue are imaginative
technologies of existence. I stress existence over resistance not to obscure the contestations of federal,
tribal, and utility consortium proposals for natural resource development, which have been importantly
detailed elsewhere (Gedicks, 2001), but to emphasize the creative, imaginative work of the movement
in envisioning and enacting alternative ways for tribes to self-sustain and grow healthy economies,
ecologies, cultures, and bodies in an integrated manner. There are other technologies of existence
engaging particular, situated natural resource conflicts within the movement: recovery of customary
foods and harvesting practices, coalition-building around water rights and resources, restoration of
salmon and sturgeon populations, and projects involving information and film media as a means of
preserving and producing the ‘natural’ resource of culture itself. This constellation of resources --
energy, food, water, and culture -- are of central concern to the IEJM and creating sustainable methods
of generating each advances the ‘good life’ towards which the movement’s work strives. In this sense,
wind and solar projects on reservations are not technologies of existence to ‘make live’ in the
biopolitical sense of a population’s ensured biological survival and micro-practices of regulation, but
technologies that articulate with desire, history, localization, imagination, and being in a way in which
the meaning of ‘existence’ exceeds a definition of continued biological survival or reproduction. These
technologies are about a particular quality of existence that speaks to the late Latin root of the word,
existentia, which comes from the earlier Latin exsistere, meaning ‘come into being,’ itself a
combination of ex_ ‘out’ þ sistere ‘take a stand’ (O.A.D., 2001). Thus, when ‘existence’ recovers the
notions of coming into being, externality, and taking a stand, what it means to live and to grow is
inherently active and perhaps even risky. Sustainability, then, in
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the context of the IEJM, is a bold existence and set of practices informed by a particular
history of struggle and oriented towards a future of well-being, in which the economic, the
ecological, and the cultural are interdependent and mutually constitutive. The movement’s
concept of ‘environmental justice’conveys such a non-reductive understanding of
sustainability as a certain quality of existence. The concept proliferates and circulates
through the geographically dispersed installations of wind turbines and solar panels (among
the other technologies of existence) and is reinforced at national and transnational
gatherings of HTE and the IEN. As an enunciation of sustainability, ‘environmental justice’
recalls specific cases of contamination on indigenous lands, articulates with broader
environmental and anti-racist movements worldwide, and critiques dominant approaches to
development by posing concrete alternatives. This is a critical, alternative knowledge being
produced through the networked practices of a specific social movement. It is not the
sustainability of the‘triple bottom line’ in neo-liberal theory that self-congratulates its
attention not only to capital but also to pre-figured notions of the environment and society;
though it is also not a romanticized ‘traditional’ wisdom of indigenous people, endowed with
some sort of essentialist knowledge and protective role for the natural world. It is, instead, a
sophisticated hybrid concept -- in which knowledges of wider energy and trade markets,
science and engineering, local resource management issues, global processes of climate
change and wars for oil, and the relational knowing that comes with enacted attachments
to place, converge to inform and generate a call for ‘environmental justice,’ implemented
through specific material technologies.
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A/T: LANGUAGE KRITIKS
CRITIQUES OF TERMINOLOGY HAVE LITTLE EFFECT ON THE ACTUAL TREATMENT

OF INDIGENOUS PEOPLE – THEY CHANGE THE NAME AND TREAT THEM THE SAME.
THE BEST SOLUTION IS DEPLOYING GENERIC TERMS IN A CONTEXT THAT IS
CRITICAL OF THE OF THE COLONIZER’S WORLDVIEW
d’Errico ’05 (Peter, legal studies dept @u. mass, “Native American Indian Studies – A Note on Names”,
http://www.umass.edu/legal/derrico/name.html, Accessed 7/12/08)
"American Indians" derives from the colonizers' world-view and is therefore not the real name of
anyone. It is a name given to people by outsiders, not by themselves. Why should we use any name
given to a people by someone other than themselves? 2
On the other hand, why shouldn't we use it? Almost everybody in the world knows the name and to
whom it refers. It is commonly used by many Indigenous Peoples in the United States, even today.
It is the legal definition of these Peoples in United States law.
Some people get upset about "American Indian" because of its association with Columbus. There is
an equally serious dilemma with the use of "Native American," which came into vogue as part of a
concern for "political correctness." The latter was an effort to acknowledge ethnic diversity in the
United States while insisting on an over-arching American unity. Groups became identified as
hyphen-American. Thus, African-American, Irish-American, Italian-American, and so on. For the
original inhabitants of the land, the "correct" term became Native-American.
The word "native" has a generic meaning, referring to anyone or anything that is at home in its
place of origin. "Native" also has a pejorative meaning in English colonization, as in "The natives
are restless tonight." From an English perspective (and, after all, we are talking about English
words), "native" carries the connotation of "primitive," which itself has both a generic definition,
meaning "first" or "primary," and a pejorative use, meaning "backward" or "ignorant." And, as we
have seen, "American" derives from that other Italian. So "Native American" does not avoid the
problem of naming from an outsider's perspective.
Concern for political correctness focuses more on appearances than reality. As John Trudell
observed at the time, "They change our name and treat us the same." Basic to the treatment is an
insistence that the original inhabitants of the land are not permitted to name
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<CONTINUED…..>
themselves. As an added twist, it seems that the only full, un-hyphenated Americans are
those who make no claim of origin beyond the shores of this land. Many of these folk assert
that they are in fact the real "native" Americans.
We have to discard both "American Indian" and "Native American" if we want to be faithful to
reality and true to the principle that a People's name ought to come from themselves. The
consequence of this is that the original inhabitants of this land are to be called by whatever names
they give themselves. There are no American Indians or Native Americans. There are many
different peoples, hundreds in fact, bearing such names as Wampanoag, Cherokee, Seminole,
Navajo, Hopi, and so on and on through the field of names. These are the "real" names of the
people.
But the conundrum of names doesn't end there. Some of the traditional or "real" names are not
actually derived from the people themselves, but from their neighbors or even enemies. "Mohawk"
is a Narraganset name, meaning "flesh eaters." "Sioux" is a French corruption of an Anishinabe
word for "enemy." Similarly, "Apache" is a Spanish corruption of a Zuni word for "enemy," while
Navajo is from the Spanish version of a Tewa word. If we want to be fully authentic in every
instance, we will have to inquire into the language of each People to find the name they call
themselves. It may not be surprising to find that the deepest real names are often a word for
"people" or for the homeland or for some differentiating characteristic of the people as seen through
their own eyes.
The important thing is to acknowledge the fundamental difference between how a People view
themselves and how they are viewed by others, and to not get hung up on names for the sake of
"political correctness."
In this context, the difference between "American Indian" and "Native-American" is nonexistent.
Both are names given from the outside. On the other hand, in studying the situation and history of
the Original Peoples of the continent, we do not need to completely avoid names whose significance
is understood by all. Indeed, it may be that the shortest way to penetrate the situation of Indigenous
Peoples is to critically use the generic name imposed on them.
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MAJORITY OF NATIVE AMERICANS/AMERICAN INDIANS BELIEVE IT IS ACCEPTABLE

TO USE EITHER TERM
Brunner ‘07 (Borgna,Editorial Director – Information Please “American Indian versus Native American:
A once-heated issue has sorted itself out”, http://www.infoplease.com/spot/aihmterms.html, Accessed
7/24/08)
Are the terms American Indian and Native American essentially synonyms, in the same way that the
terms black and African American are often used interchangeably? Or is using the term American
Indian instead of Native American the equivalent of using Negro instead of black—offensive and
anachronistic? Is the insistence on using Native American to the exclusion of all other terms a sign of
being doctrinaire?
Culture Wars
While these were once raging questions in the culture wars, they have now happily sorted themselves
out. Over the years, the people whom these words are meant to represent have made their preference
clear: the majority of American Indians/Native Americans believe it is acceptable to use either term, or
both. Many have also suggested leaving such general terms behind in favor of specific tribal
designations. As the publisher and editor of The Navajo Times, the largest Native American–owned
weekly newspaper, puts it, "I . . . would rather be known as, 'Tom Arviso Jr., a member of the Navajo
tribe,' instead of 'Arviso, a Native American or American Indian.' This gives an authentic description of
my heritage, rather than lumping me into a whole race of people."
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The continued use of “Indian” proves that attempted changes in terminology fail, AND there are
numerous appellations for indigenous people, favoring one term over the other is arbitrary.
Brunner, Editorial Director, Information Please, 2007
(Borgna, “American Indian versus Native American: A once-heated issue has sorted itself out”,
http://www.infoplease.com/spot/aihmterms.html, Accessed 7/24/08)
Peaceful Coexistence
As The American Heritage Book of English Usage points out, "the acceptance of Native American has
not brought about the demise of Indian. Unlike Negro, which was quickly stigmatized once black
became preferred, Indian never fell out of favor with a large segment of the American population."
Now almost every style and usage guide describes these terms as synonyms that can be used
interchangeably. In recent decades, other terms have also come into use, including Amerindian,
indigenous people, and Native, expanding the vocabulary for referring to indigenous people of the
United States rather than circumscribing it. Many people will no doubt favor one appellation over
another—and will have strong reasons for doing so—but such choices are (or should be) no longer
accompanied by a sense of righteousness that one term is superior to the other. This simply isn't true.
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Native peoples express no particular preference for one term over another
—the term is not as important as the intention.
Brunner ‘07(Borgna, Editorial Dir – Information Please“American Indian versus Native American: A
once-heated issue has sorted itself out”, http://www.infoplease.com/spot/aihmterms.html, Accessed
7/24/08)
"We Will Call Ourselves Any Damn Thing We Choose"
No doubt the most significant reason that an inclusive attitude toward these terms of identity has
developed is their common usage among Native peoples. A 1995 Census Bureau Survey of preferences
for racial and ethnic terminology (there is no more recent survey) indicated that 49% of Native people
preferred being called American Indian, 37% preferred Native American, 3.6% preferred "some other
term," and 5% had no preference. As The American Heritage Guide to English Usage points out, "the
issue has never been particularly divisive between Indians and non-Indians. While generally
welcoming the respectful tone of Native American, Indian writers have continued to use the older
name at least as often as the newer one."The criticism that Indian is hopelessly tainted by the ignorant
or romantic stereotypes of popular American culture can be answered, at least in part, by pointing to
the continuing use of this term among American Indians themselves. Indeed, Indian authors and those
sympathetic to Indian causes often prefer it for its unpretentious familiarity as well as its emotional impact, as in this
passage from the Kiowa writer N. Scott Momaday's memoir The Names (1976): 'It was about this time that [my mother]
began to see herself as an Indian. That dim native heritage became a fascination and a cause for her.' "Names and Labels:
Social, Racital, and Ethnic Terms: Indian", The American Heritage® Book of English Usage. A Practical and Authoritative
Guide to Contemporary English. 1996.As Christina Berry, a Cherokee writer and producer of the website All
Things Cherokee, counsels:In the end, the term you choose to use (as an Indian or non-Indian) is your
own personal choice. Very few Indians that I know care either way. The recommended method is to
refer to a person by their tribe, if that information is known. The reason is that the Native peoples of North
America are incredibly diverse. It would be like referring both a Romanian and an Irishman as European. . . . [W]henever
possible an Indian would prefer to be called a Cherokee or a Lakota or whichever tribe they belong to. This shows respect
because not only are you sensitive to the fact that the terms Indian, American Indian, and Native American are an over
simplification of a diverse ethnicity, but you also show that you listened when they told what tribe they belonged to. When
you don't know the specific tribe simply use the term which you are most comfortable using. The worst
that can happen is that someone might correct you and open the door for a thoughtful debate on the
subject of political correctness and its impact on ethnic identity. What matters in the long run is not
which term is used but the intention with which it is used.
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When you can’t refer to a specific tribe, either term is acceptable—the label is not as important as
the context.
Berry, No Date
(Christina, “What’s in a Name? Indians and Political Correctness”,

http://www.allthingscherokee.com/articles_culture_events_070101.html, Accessed 7/24/08)
In the end, the term you choose to use (as an Indian or non-Indian) is your own personal choice.
Very few Indians that I know care either way. The recommended method is to refer to a person by
their tribe, if that information is known. The reason is that the Native peoples of North America are
incredibly diverse. It would be like referring both a Romanian and an Irishman as European. It's true
that they are both from Europe but their people have very different histories, cultures, and
languages. The same is true of Indians. The Cherokee are vastly different from the Lakota, the Dine,
the Kiowa, and the Cree, but they are all labeled Native American. So whenever possible an Indian
would prefer to be called a Cherokee or a Lakota or whichever tribe they belong to. This shows
respect because not only are you sensitive to the fact that the terms Indian, American Indian, and
Native American are an over simplification of a diverse ethnicity, but you also show that you
listened when they told what tribe they belonged to.
When you don't know the specific tribe simply use the term which you are most comfortable using.
The worst that can happen is that someone might correct you and open the door for a thoughtful
debate on the subject of political correctness and its impact on ethnic identity. What matters in the
long run is not which term is used but the intention with which it is used. Terms like "redskin" and
"injun" are obviously offensive because of the historical meaning behind them; however, the term
"Indian" is increasingly falling back into use. But when used in the wrong context any label can be
offensive.
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A/T: “TRIBE” KRITIK
TRIBE IS A LEGAL TERM IN THE U.S. – EVEN IF IT IS PROBLEMATIC IN OTHER

CONTEXTS – IT IS NECESSARY BECAUSE IT IS HOW INDIGENOUS NATIONS ARE
DESIGNATED
Tolerance.org, No Date (Essay adapted from “Talking About ‘Tribe’: Moving From Stereotypes to
Analysis”, originally published by Africa Policy Information Center in ’97. Principal author is Chris
Lowe, an Africa Historian, http://www.tolerance.org/teach/printar.jsp?p=0&ar=213&pi=ttm, Accessed
7/25/08)
Under U.S. law, "tribe" is a bureaucratic term. For a community of Native Americans to gain access to
programs, and to enforce rights due to them under treaties and laws, they must be recognized as a tribe.
This is comparable to unincorporated areas' applying for municipal status under state laws. Away from
the law, Native Americans often prefer the words "nation" or "people" over "tribe."
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THERE IS NO ALTERNATIVE – “TRIBE” WILL CONTINUE TO BE USED BY

HISTORICANS, ETHNOLOGISTS AND NATIVE AMERICANS
Miller ’06 (Mark Edwin, Assistant Professor of History and Southern Utah Univ,Forgotten Tribes:
Unrecognized Indians and the Federal Acknowledgement Process, pp. 10-11)
In spite of the hopelessly muddled issues involved, most scholarly definitions of the concept of an
Indian tribe do include common elements. There is a loose agreement on the criteria the BIA uses
to recognize tribes as well – if not a consensus on exactly how to measure and quantify them. Most
concerned parties believe that groups claiming to be “tribes” must have some qualities that
distinguish them from other and that they use to distinguish themselves from outsiders. In other
words, there has to be a “thing” in being, in order to acknowledge it. Scholars of ethnicity generally
hold that tribes are groups with a territory, community, and political organization; many definitions
also include common culture, language, genealogy, and identity. In general, many in the
anthropological profession believe the term connoted an ethnic group in contrast to the central state
that had some loosely defined political structure and group norms that controlled and integrated
group behavior. Therefore, despite problems with the acknowledgement process, ethnologists,
historians, and lawyers generally continue to find the term “tribe” useful and are loath to throw it
out, while American Indians are giving it new life and meaning. Because of its utility and
widespread usage, it seems doubtful that the term “tribe” will be banished from the lexicon of
English in the near future.
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CHURCHILL’S CRITIQUE OF ‘TRIBE’ EMPLOYS SELECTIVE INTERPRETATION OF

OBSCURE DICTIONARY DEFINTIONS AND IS A MANIPULATIVE SEMANTIC GAME
DESIGNED TO UNDERCUT THE REAL WORLD SELF-DETERMINATION OF NATIVE
AMERICANS
Lavelle ’96 (John,Exect Director of Center for SPIRIT, “Sorely Lacking in…Scholarly Integrity”,
American Indian Quarterly, Winter, Vol. 20, Issue 1, p. 109,
http://www.pirateballerina.com/images/lavellereview.htm, Accessed 7/25/08)
In short, Churchill's ersatz version of the "Declaration of War" is a strategically manipulated and subtly distorted device, which could
be used to undermine rather than support Indian tribes in their efforts to safeguard their sacred traditions and culture. Yet another
noteworthy problem in Indians Are Us? is Churchill's harangue in "Naming Our Destiny" against popular use of the word "tribe."
"[T]o be addressed as 'tribal,'" Churchill insists, "is to be demeaned in a most extraordinarily vicious way" (p. 295). The
persuasiveness of Churchill's case against the word "tribe" is decisively undercut, however, by
Churchill's reliance on his contrived, indefensible position concerning the nonexistent "eugenics
code" of the 1887 General Allotment Act, as critiqued previously in this essay. And so, Churchill's
argument that "the preoccupation with 'blood lines' connoted by the term 'tribe'" (p. 296) is rooted in
"a system of identifying Indians in accordance with a formal eugenics code dubbed 'blood quantum'
which is still in effect at the present time" (p. 333) is as fallacious and unavailing as the tribal
sovereignty-bashing conspiracy theory on which that argument entirely depends.
In a section of "Naming Our Destiny" entitled "'Tribes' versus 'Peoples,'" Churchill endeavors
further to rationalize his antipathy for the word "tribe" by invoking "the definitive Oxford English
Dictionary," which in one obscure definition, according to Churchill, defines "tribe" as a group in
the classification of plants, animals, etc., used as superior and sometimes inferior to a family; also, loosely, any
group or series of animals. [p. 294] Churchill then excerpts definitions for the word "people" from the
Oxford dictionary and, curiously, from a 1949 edition of Webster's New Collegiate Dictionary, to decree
that the word "people" in all ways is preferable to the word "tribe," since "tribe" embodies an
"expressly animalistic emphasis . . . . . . . . . . . . It follows that when indigenous peoples are passed
off as tribes . . . they are effectively cast as being subhuman" (p. 298). Of course, Churchill never
explains why he so fervently insists on vesting in English dictionaries the ironclad authority to
dispose of an issue of self-naming that for Indian people is a matter exclusively for the tribes
themselves to decide. Be that as it may, it is instructive to examine a few of the wobbles in the eccentric spin of
Churchill's treatment of language. First, Churchill's disdain for the
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A/T: “TRIBE”KRITIK
<CONTINUED….>
word "tribe," by his own avowed reasoning, should extend with equal force to the word
"family," since each of these terms may denote a general category in the classification of
plants, animals, and other living organisms, within the science of taxonomy. Likewise, since
the word "community" may denote any interacting population of life forms (human and/or
nonhuman) in the language of scientific ecology, Churchill logically should be just as
disgusted by any reference to human beings per se as constituting a "community." Clearly,
if a person actually were to be repulsed and enraged whenever words like "family,"
"community" and "tribe" were used in ordinary conversation-and merely because these
terms, like most words, have multiple, divergent meanings-then such a person would be in
need of psychological treatment for what would amount to a debilitating disorder in
interpersonal communication. Second, Churchill summons forth his sundry dictionary
definitions in a noticeably lopsided manner. For instance, Churchill chooses not to divulge
the fact that Webster's Ninth New Collegiate Dictionary lists a definition for the word
"peoples" that has as much "animalistic emphasis" as Churchill's comparably obscure
definition for the word "tribe." This omission is especially noteworthy because Churchill admits that he in
fact consulted this very same dictionary-Webster's Ninth-in order to "cross-reference the 'old' definitions
obtained [in the 1949 Webster's] with those in newer iterations of the same dictionary, to see whether there
have been changes" (pp. 332-333). According to a definition in Webster's Ninth suppressed by Churchill,
"peoples" may be defined as "lower animals usu. of a specified kind or situation... 'squirrels and chipmunks: the
little furry [peoples].'" In addition, Webster's Third New International Dictionary of the English Language calls to
mind yet another amusing "nonhuman" meaning for the word "peoples." According to this particular Webster's
(not concededly referenced by Churchill), the word "peoples" may denote "supernatural beings that are thought
of as similar to humans in many respects... 'kobolds, trolls, and such [peoples] are not to be trusted.'" Thus, it
appears thatChurchill's pedantic argument against the word "tribe" rests not on any objective
analysis of dictionary definitions at all, but rather on a highly manipulative process of
selectively disclosing those definitions that would appear consistent with Churchill's
antitribal thesis, while carefully concealing those definitions that would seem to contradict
that thesis. So much for the manifest silliness of competing (and, in Churchill's case,
cheating) in a game of Trivial Pursuit with "definitive" dictionaries to ascertain by what
name Indian tribes will be permitted to identify themselves. But beyond all the tedious
game-playing and semantic trickery in "Naming Our Destiny," there remains unresolved a
very serious implied question: By what mechanism does an abstraction like "Indian self-
determination" get transformed into real selfempowerment for Indian people? As
demonstrated in this essay, Ward Churchill expends a great deal of effort in Indians Are Us?
espousing the counter-intuitive thesis that Indian tribes themselves are an obstacle in the
struggle for Indian self-empowerment, and should be aggressively disavowed and devalued,
therefore, in all political discussions bearing on Indian self-determination. Of course, the
very fact that Churchill strives to "prove" his case against Indian tribes by falsifying the
historical record, misstating the views of fellow scholars, issuing distorted versions of public
documents, and shrewdly manipulating language is enough to dissuade any sensible reader
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from taking Churchill's anti-tribal propaganda seriously. Still, the goal of clarifying and affirming the
integral role of Indian tribes in the dynamic of Indian selfempowerment is extremely important and challenging
-- much more so than is the relatively easier task of dismissing Ward Churchill's obfuscation of this profound
topic.
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TOPICALITY: PLAN IS AN INCENTIVE
Status quo tax policy is a disincentive

Capriccioso ‘08(Rob, Indian Country Today, “Tribes look for federal wind energy incentives”, 4-11-8,
http://www.indiancountry.com/content.cfm?id=1096417367, accessed 7-25-08)
''The federal renewable energy incentives, as designed, are problematic for tribes, in that they
are both insufficient and inappropriate as drivers of tribal development as presently
configured,'' the group noted in a recent policy paper. ''The presently formulated federal
incentives have actually worked as disincentives in the unique context of tribal renewable
energy development.''
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TOPICALITY: PLAN IS A SUBSTANTIAL INCREASE
Plan is a massive increase in incentives - Current law is a disincentive, rendering Native American Tribes
ineligible
Capriccioso’0 8 (Rob, “Tribes look for federal wind energy incentives”, Indian Country Today,
April 11, 2008, http://www.indiancountry.com/content.cfm?id=1096417026, date accessed 7/24/08)
As growing numbers of tribes pursue wind energy projects, tribal energy advocates are cautiously
hoping that new developments in Congress could eventually lead to tax credits and incentives
to aid tribal economies.
''We're not really holding our breath for Congress to step in with funding,'' said Bruce
Renville, a wind energy planner with the Sisseton-Wahpeton Sioux Tribe. ''But certainly,
grants or other incentives would be helpful.''
In recent weeks, Sen. John Thune, R-S.D., co-sponsored the bipartisan Clean Energy Tax Stimulus
Act of 2008, which would extend the renewable energy production tax credit for one year. The
current production tax credit incentive of 2 cents per kilowatt-hour is scheduled to expire in
December.
Thune's proposed production tax credit would only benefit entities that already have profits
from wind energy production, but the legislation also includes bond funding that tribes could
apply for to help establish wind energy projects. Thune and other wind energy proponents in the
Senate say they want to extend the production tax credit so that wind energy developers have
certainty when it comes to future projects.
Whether their mission includes certainty for tribal entities remains to be seen.
Few, if any, tribes have been able to take advantage of the production tax credits offered to
date because many tribes that have been able to create wind energy projects have relied on
non-Native developers to help them get projects off the ground.
Under current law, tribes are not entitled to the tax credits provided to non-Native developers
for renewable energy production because tribes have a tax-exempt status.
Tribal energy experts say it's important for tribes to be reaching out to Congress regarding
the tax-exempt issue, since it likely discourages non-Native developers from wanting to work
with tribes.
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TOPICALITY: PLAN IS AN INCREASE
Federal tax credit inapplicable to tribes now

Intertribal Council on Utility Policy, Background Policy Paper for a Comparable and Appropriate
Tribal Energy Production Incentive ‘07("Tribal Joint Venture Production Tax Credit", Intertribal
Council on Utility Policy, 4-17-07, http://www.intertribalcoup.org/policy/index.html#_ftnref, accessed 7-
24-8)
The PTC is inapplicable, however, as an incentive to tribally-owned projects because Tribes, as

governments, have no federal tax liability against which to use the credits, and outside investors
seeking to joint venture with a Tribe are penalized with the loss of the PTC to the extent of tribal
ownership in the partnership.
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TOPICALITY: WE ARE IN THE UNITED STATES, DUH….
NATIVE AMERICAN NATIONS ARE LOCATED IN THE UNITED STATES

American Indian Law Review ’06 (Justin Pybas, law student – University of Oklahoma College of Law,
“NOTE: NATIVE HAWAIIANS: THE ISSUE OF FEDERAL RECOGNITION” 30 Am. Indian L. Rev.
185, LEXIS)
At the present time, there are more than 550 federally recognized Native American nations in the
contiguous United States and Alaska. n19 "Since 1978, twenty one groups have successfully become
federally recognized nations through either procedures under the Bureau of Indian Affairs,
Department of Interior, or congressional action." n20 Currently there are fifty federal statutes which
conclude that "Native Americans" include Alaska Natives and Native Hawaiians. n21 Alas, Native
Hawaiians are not federally recognized. n22 The disparity in these numbers begs the question, are
Native Hawaiians really that different from other Native American groups?
NATIVE AMERICAN NATIONS ARE ENTITIES IN THE UNITED STATES

COLUMBIA HUMAN RIGHTS LAW REVIEW ’98 (Terence Dougherty, JD – Columbia Univ.,
“ARTICLE: GROUP RIGHTS TO CULTURAL SURVIVAL: INTELLECTUAL PROPERTY RIGHTS
IN NATIVE AMERICAN CULTURAL SYMBOLS” 29 Colum. Human Rights L. Rev. 355)
As discussed above, recognizing and upholding the sovereignty of Native American nations to
make decisions affecting their own political and cultural cohesiveness is the most appropriate
method for acknowledging Native American nations as group entities within the United States.
n178
This is also the most appropriate method through which the U.S. government can support the
survival of these independent cultures. n179 It is the most direct means of furthering the [*393] goal
of Native American group cultural survival. However, should the plaintiffs not prevail in a federal
court appeal of the tribal court judgment, there may be an appropriate statutory remedy informed by
group right principles to prevent the use of Crazy Horse's name in conjunction with liquor products.
152

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UMKC SDI ‘08

NATIVE WIND AFF

RESEARCH FROM THE NATIONAL RENEWABLE ENERGY LABORATORY INDICATES

B) CURRENT TAX CODES CREATE AN UNEQUAL PLAYING FIELD FOR

ADVANTAGE ONE: GENOCIDE

A) Native Americans live in extreme poverty, which has made reservations

B) Poverty on Native American reservations is equivalent to an ongoing

expectancy seven years longer than nonindian men.14 Hence,

C) Genocide makes all their impacts and extinction inevitable.

D) ALTERNATIVE ENERGY OFFERS NATIVE AMERICANS A WAY OUT OF

ADVANTAGE 2: SELF-DETERMINATION AND SOVEREIGNTY

A) CURRENT POLICIES UNDERMINE SOVEREINGTY – A NATION-BUILDING

D. Importance of Business Driven Follow-up

Cornell and Kalt, in particular, stress a nation-building approach:

B) Suppression of self determination triggers war

D) Indigenous self determination is key to biodiversity

E) Loss of biodiversity risks ecological collapse and human extinction.

**This card has been gender-modified**

THUS WE OFFER THE FOLLOWING PLAN:

The United States Federal Government

OBSERVATION TWO: SOLVENCY

A) Giving tradable PTCs to Native Americans solves for pollution by

A. Tradable PTC is Win-Win

C) FAILURE TO TRANSITION TO ALTERNATIVE ENERGY MAKES US COMPLICIT

LACK OF A PRODUCTION TAX CREDIT SERVES AS A DIS-INCENTIVE FOR NATIVES AND

Current federal renewable energy incentives serve to underwrite the productive

InterTribal Council on Utility Policy, 06 (“An Intertribal COUP Background Policy

Indian reservations lack power.

ONLY ONE MAJOR WIND DEVELOPMENT EXISTS ON NATIVE LANDS IN THE

ECONOMIC INEQUALITY MAKES NATIVE LANDS TARGETS FOR POLLUTING

Laws concerning the environmental safety and preservation of historic

The US has historically exposed tribes to dangerous radioactivity and

TOXIC THREATS AMOUNT TO A CULTURAL GENOCIDE TOWARDS NATIVE AMERICANS

TOXIC WASTE IS A THREAT TO SOVEREIGNTY AND CONTINUES THE ON-

CULTURAL GENOCIDE HAS OCCURRED TO NATIVE AMERICANS AND IT IS OUR

Economic situation drives Native American tribes to cooperate with

In fact, so enthusiastic is the United States government to dump its most

since so many reservations are without major sources of outside

GENOCIDE ADV: A/T: NATIVES WANT TOXICS

As a result, a small number of tribes across the country are actively

RACISM ENABLES CONTINUED EXPLOITATION OF NATIVE AMERICANS AND

Radioactive colonialism operates in energy production (mining of uranium) and

Indigenous people have terrible living standards and are experiencing

THE GOVERNMENT HAS DONE NOTHING TO PROTECT NATIVE AMERICAN WATER

NATIVE WIND PROJECTS CAN BUILD SUSTAINABLE ECONOMIES WHILE

RACISM CAUSES DEONTIC HARM-- WE MUST EXPRESS SOLIDARITY WITH

A recurring theme in the contemporary literature is that racist expression ought

REJECTING RACISM IS A MORAL IMPERATIVE WHICH OUTWEIGHS ALL

REJECTION OF RACISM IS A PRECONDITION FOR HUMAN AND MORAL

NO CONCESSIONS-- WE CANNOT ACCEPT ANY DEGREE OF RACISM, IT

RACISM OUTWEIGHS NUCLEAR WAR.

NATIVE AMERICANS ARE STILL SUBJECTED TO COLONIAL CONTROL THROUGH

Until recently, those seeking to exploit Indigenous lands did not

CONTINUED COLONIALISM AND FORCED ASSIMILATION HAVE RESULTED IN

In the previous example of the Sokaogon’s resistance to Exxon, as they

Native Americans face the harshest environmental devastation in the

Degrading federal policies have denied Native Americans identity and

COLONIALISM INFLICTS DAILY SUFFERING UPON NATIVE AMERICANS – OUR

If there is a fundamental cause of American Indian isolationism, it is 500 years of abuse.

PRESERVATIONOF NATIVE AMERICAN LANDS AND ENVIRONMETN ARE KEY

ALTERNATIVE ENERGY PROJECTS ON NATIVE AMERICAN LANDS ALLOWS FOR

TRADABLE TAX CREDITS REDUCE TRIBAL DEPENDENCY AND INCREASE

PTC WILL DECREASE NATIVE ECONOMIC DEPENDENCE ON THE FEDERAL

NATIVE AMERICANS WANT TO GENERATE THEIR OWN ENERGY TO

This card has been gender-modified