Christos-Kunnan Aff

email me if you have any questions: vanachristos@gmail.com

1AC

First, current Federal law mandates that the Secretary of the Interior approve tribal economic enterprises by positioning tribes as inferior "wards" in need of legal guardian oversight
Clinton 93
(Robert N. Clinton, Redressing the Legacy of Conquest: A Vision Quest for a Decolonized Federal Indian Law, 46 Ark. L. Rev. 77 (1993))

Another problem with the federal colonization of Indian tribes is the series of legal requirements
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tribal constitutions and by-laws,  n161 and certain tribal ordinances.  n162

Second, the oversight approval process hinders economic self-determination and impinges on tribal sovereignty
Clinton 93
(Robert N. Clinton, Redressing the Legacy of Conquest: A Vision Quest for a Decolonized Federal Indian Law, 46 Ark. L. Rev. 77 (1993))

In 1977, the American Indian Policy Review Commission condemned these approval requirements, particularly
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, with the benefit of hindsight, have proven to be disadvantageous.  n164

The United States federal government should end secretarial approval requirement for topical energy production on tribal land. 

A 15 year extended Harvard University study concluded that THE MOST important dimension of tribal sovereignty is NOT over land rights, terminating the entire trust relationship, or _ BUT LAYS instead in restoring economic vitality and the ability to make financial decisions for themselves. Restoring foundational and fundamental elements of CHOICE to native persons over economic matters and commerce helps restore tribal sovereignty

Royster 12—Professor of Law and Co-Director, Native American Law Center, University of Tulsa College of Law (Judith, Tribal Energy Development: Renewables and the Problem of the Current Statutory Structures, 31 Stan. Envtl. L.J. 91)

The Harvard Project on American Indian Economic Development has spent more than a decade and
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providing information and technical assistance and serving as a resource for tribes.19

Self-governance is key to sustainable development.  Tribes are much better equipped with the knowledge and expertise to make major decisions than the federal government.  Sustained economic development must start from the inside  

Cornell and Kalt 6 
(Stephen, Director of the Udall Center for Studies in Public Policy, Professor of Sociology and Public Administration and Policy at The University of Arizona, faculty associate with the Native Nations Institute for Leadership, Management, and Policy, and Joseph P., Ford Foundation Professor of International Political Economy, "Two Approaches to Economic Development on American Indian Reservations: One Works, the Other Doesn’t", http://www.jopna.net/pubs/jopna_2005-02_Approaches.pdf-http://www.jopna.net/pubs/jopna_2005-02_Approaches.pdf)

This development—the move to practical sovereignty or genuine self-rule—turns
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be a necessary (but not sufficient) condition for reservation economic development.

Nullifying TERA is key to outside investment and Native ownership
Royster 12—Professor of Law and Co-Director, Native American Law Center, University of Tulsa College of Law (Judith, Tribal Energy Development: Renewables and the Problem of the Current Statutory Structures, 31 Stan. Envtl. L.J. 91)

The non-minerals statutes that might be used for renewable energy development share a
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the TERA process may be more of a barrier than an opportunity. n135

Prefer the systemic impacts of the 1ac over improbable disad claims and utilitarian scenarios and this impact stems from 300 years of oppression and outweighs all other impacts====
Menand 5 (Louis Phd from Columbia, December 2005 in The New Yorker com/archive/2005/12/05/051205crbo_books1?printable=true)

It is the somewhat gratifying lesson of Philip Tetlock’s new book, "Expert Political
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monkeys, who would have distributed their picks evenly over the three choices.

And, ignoring systemic impacts allows deadly, faceless, objective violence to continue; only embracing an impact framework that gets rid of a focus on directly visible, subjective violence solves====
Zizek 8
 ~[Slavoj, senior researcher at the Institute of Sociology @ Univ. of Ljubljana, Violence, p. 1-2~]

If there is a unifying thesis that runs through the bric-a-brac
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of what otherwise seem to be "irrational" explosions of subjective violence.  

2AC NCFA

2AC vs. Los Rios

"Restriction" are limitations on the use of property

Texas Supreme Court ’10
CAUSE NO. 08-01-18,007-CV-A, Final Judgment, http://www.supreme.courts.state.tx.us/ebriefs/12/12046401.pdf
"Restriction" is defined and commonly used to mean "~[a~] limitation (esp. in a deed) placed on the use or enjoyment of property." BLACK’S LAW DICTIONARY 1054 (7th ed. 2000).

b) Restrictions are the equivalent of conditions on action Plummer 29 J., Court Justice, MAX ZLOZOWER, Respondent, v. SAM LINDENBAUM et al., Appellants Civ. No. 3724COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT100 Cal. App. 766; 281 P. 102; 1929 Cal. App. LEXIS 404September 26, 1929, Decided, lexis
The word "restriction," when used in connection with the grant of interest in
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a particular event, or the performance or nonperformance of a particular act.

Best Interpretation:

A) secretarial approval is a restriction on the development of energy on tribal lands
U.S. Code ’5
25 U.S.C. § 3504 : US Code - Section 3504: Leases, business agreements, and rights-of-way involving energy development or transmission, 2005,
An Indian tribe may grant a right-of-way over tribal land for
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Secretary determines to be in the best¶ interest of the Indian tribe;¶

Genealogy ruptures closed narratives and highlights dislocations to reveal erased continuities.  We are the best approach to forclose the 300 year legacy. The gen itself is an independent disad on neg positions because they have only generated evidence without investigating the genealogy 

Yancy, George. "A Foucauldian Reading of Whiteness." What White Looks Like: African-American Philosophers on the Whiteness Question. Psychology Press, 2004. 109

Genealogy takes as its objects precisely those institutions and practices which, like morality,
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traditional history exhibits as unchanging, it creates the possibility of altering them.

The genealogy presented in the 1ac is the best approach to advocate for Native rights.  Prefer our representation of Native Americans over theirs
Weaver 07
Jace, More Light Than Heat: The Current State of Native American Studies. The American Indian Quarterly, Volume 31, Number 2, Spring 2007. pp. 233-255.

Over the past several years, there has been a movement by Native¶ tribal
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and to make their own identities the focus of¶ their own work.

Consultations result in no substantive actions. CP will not solve for tribal economic self-determination.  It will just roll back the same old cycle
Haskew 2K
Derek, "Federal Consultation with Indian Tribes: The Foundation of Enlightened Policy Decisions, or Another Badge of Shame?". American Indian Law Review, Vol. 24, No. 1 (1999/2000). Jstor.

The problem with confused and confusing meanings is dwarfed by the larger¶ problem with
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may be, the specific failures of¶ consultations require more careful attention.

This is a key moment for us to examine Federal Indian Law.  The 1ac is the first step to righting the 300 years of wrongs.  We need to open up the space about Federal Indian Law in order to not fall victim of invisibility and erasure

Miranda 3
Deborah A.What’s Wrong with a Little Fantasy?: Storytelling from the (Still) Ivory Tower
The American Indian Quarterly, Volume 27, Number 1%262, Winter/Spring
2003, pp. 333-348.

If you do not examine Native experiences and voices, you agree to live¶
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We are always home, and yet never allowed¶ to go Home.

 The reductiveness and intersectionality of the environmental justice movement cause it to deny the agency of distinct minority groups and threaten their survival.
Yamamoto and Lyman 1 (Eric K, Hawaii Law School law prof., and Jen-L W, UC Berkeley visiting law prof., University of Colorado Law Review, 72 U. Colo. L. Rev. 311, Spring, p. 311-313, ln)
"Racial communities are not all created equal." 1 Yet, the established environmental justice framework tends to treat racial minorities as interchangeable 

Plan bipart + tribes like it
Brown 10 — AP (Matthew, Indian tribes to Congress – Streamline energy development, www.buffalopost.net/?p8525~%23more-8525)

American Indian leaders on Thursday asked Congress to streamline the development of energy projects on
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on public lands – including reservations, which are held in federal trust.

2AC vs. Sac
The aff just has to define restriction on energy production

"Restriction" are limitations on the use of property

Texas Supreme Court ’10 
CAUSE NO. 08-01-18,007-CV-A, Final Judgment, http://www.supreme.courts.state.tx.us/ebriefs/12/12046401.pdf
"Restriction" is defined and commonly used to mean "~[a~] limitation (esp. in a deed) placed on the use or enjoyment of property." BLACK’S LAW DICTIONARY 1054 (7th ed. 2000).

b) Restrictions are the equivalent of conditions on action
Plummer 29 J., Court Justice, MAX ZLOZOWER, Respondent, v. SAM LINDENBAUM et al., Appellants Civ. No. 3724COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT100 Cal. App. 766; 281 P. 102; 1929 Cal. App. LEXIS 404September 26, 1929, Decided, lexis
The word "restriction," when used in connection with the grant of interest in
AND
a particular event, or the performance or nonperformance of a particular act.

Best Interpretation:

A) secretarial approval is a restriction on the development of energy on tribal lands
U.S. Code ’5
25 U.S.C. § 3504 : US Code - Section 3504: Leases, business agreements, and rights-of-way involving energy development or transmission, 2005,
An Indian tribe may grant a right-of-way over tribal land for
AND
Secretary determines to be in the best¶ interest of the Indian tribe;¶

Indian territories are considered part of the United States geographically and jurisdictionally
Cherokee Nation v. Georgia Court Decision
(Cherokee Nation v. Georgia (30 U.S. (5 Pet.) 1 (1831))
The Indian Territory is admitted to compose a part of the United States. In
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taking back a limited grant to themselves in which they admit their dependence.

Genealogy ruptures closed narratives and highlights dislocations to reveal erased continuities.  We are the best approach to forclose the 300 year legacy. The gen itself is an independent disad on neg positions because they have only generated evidence without investigating the genealogy 

Yancy, George. "A Foucauldian Reading of Whiteness." What White Looks Like: African-American Philosophers on the Whiteness Question. Psychology Press, 2004. 109

Genealogy takes as its objects precisely those institutions and practices which, like morality,
AND
traditional history exhibits as unchanging, it creates the possibility of altering them.

Renewable energy can thrive on tribal land, but lacks investments due to the secretarial approval process
Kronk 12
Elizabeth Ann, "Tribal Energy Resource Agreements: The Unintended "Great Mischief for Indian Energy Development" and the Resulting Need for Reform," 29 Pace Envtl. L. Rev. 811, Assistant Professor, Texas Tech University School of Law)
Recognizing the potential key role that tribes will play in the ¶ development of the
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bureaucratic red tape that inevitably ¶ accompanies the leasing of Tribal resources.2

Consultations result in no substantive actions. CP will not solve for tribal economic self-determination.  It will just roll back the same old cycle
Haskew 2K
Derek, "Federal Consultation with Indian Tribes: The Foundation of Enlightened Policy Decisions, or Another Badge of Shame?". American Indian Law Review, Vol. 24, No. 1 (1999/2000). Jstor.

The problem with confused and confusing meanings is dwarfed by the larger¶ problem with
AND
may be, the specific failures of¶ consultations require more careful attention.