Tournament: Northern Iowa | Round:  | Opponent:  | Judge:
Inherency
Current law restricts the resource leasing process for Indigenous land through the Tribal Energy Resource Agreement process.

Kronk 12 (Elizabeth Ann, Associate Professor of Law at the University of Kansas, Director, Tribal Law and Government Center, “Tribal Energy Resource Agreements: TheUnintended “Great Mischief for Indian EnergyDevelopment” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=pelr)

Recognizing the importance of energy development in… of the Act’s TERA provisions

Plan

The United States Federal Government should amend the Indian Tribal Energy Development and Self-Determination Act and all relevant sections of other federal laws to remove all environmental review provisions from Tribal Energy Resource Agreements.

3. Sovereignty

TERA environmental review provisions destroy Indigenous sovereignty, treating their land as if it were owned by the Federal government. 

Kronk 12 (Elizabeth Ann, Associate Professor of Law at the University of Kansas, Director, Tribal Law and Government Center, “Tribal Energy Resource Agreements: TheUnintended “Great Mischief for Indian EnergyDevelopment” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=pelr)

Potentially in response to these concerns, … reluctance to¶ enter into TERAs.

Removing TERA environmental review provisions is a step toward sovereignty.

Kronk 12 (Elizabeth Ann, Associate Professor of Law at the University of Kansas, Director, Tribal Law and Government Center, “Tribal Energy Resource Agreements: TheUnintended “Great Mischief for Indian EnergyDevelopment” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=pelr)

Conversely, SenatorCampbell’s proposed …Senator Bingaman’s amendment. These¶ themes will be revisited in Section V.

Removing TERA restrictions promotes Indigenous sovereignty.

Kronk 12 (Elizabeth Ann, Associate Professor of Law at the University of Kansas, Director, Tribal Law and Government Center, “Tribal Energy Resource Agreements: TheUnintended “Great Mischief for Indian EnergyDevelopment” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=pelr)

In sum,this proposal for reform … improvement over the existing TERA provisions.

Removing TERA restrictions is key to returning Indigenous sovereignty- Federal control of economic decision making is the root cause of economic hardship in Indigenous communities. 

Kronk 12 (Elizabeth Ann, Associate Professor of Law at the University of Kansas, Director, Tribal Law and Government Center, “Tribal Energy Resource Agreements: TheUnintended “Great Mischief for Indian EnergyDevelopment” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=pelr)

If Congress truly wishes the …hindrance to reservation prosperity’.”149

Self determination is a prerequisite to other human rights and freedoms

Kolodner 94(Eric Kolodner, 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)

While the era of decolonization might have … progress of all human beings. . . .

Failure to change policy towards self-determination is a moral failure, trapping Indigenous Nations in a state of inferiority.

Kronk 12 (Elizabeth Ann, Associate Professor of Law at the University of Kansas, Director, Tribal Law and Government Center, “Tribal Energy Resource Agreements: TheUnintended “Great Mischief for Indian EnergyDevelopment” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=pelr)

Furthermore,reduction of the federal …perpetual state of tutelage.”155

Justice must come first- without it, there is no society. The demands of justice necessitate rejection of even the most theoretically beneficial policies. 

Rawls 71 (John, Professor of Philosophy at Harvard University from 1962-2002, A Theory of Justice).

Justice is the first virtue of social … are more desirable.

4. Biopower

The USFG’s approach Indigenous land has been one of biopolitical oppression. 

Dana E Powell, 2006, “Technologies of Existence: The indigenous environmental justice movement,” Development (2006) 49, 125–132. doi:10.1057/palgrave.development.1100287

A similar history runs through … as some of the most coveted commodities on earth

TERA restrictions allow the Federal government to maintain ultimate control over Indigenous peoples.

Kronk 12 (Elizabeth Ann, Associate Professor of Law at the University of Kansas, Director, Tribal Law and Government Center, “Tribal Energy Resource Agreements: TheUnintended “Great Mischief for Indian EnergyDevelopment” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=pelr)

In addition to apparent consistency with the …ys under the existing TERA provisions.

TERA environmental review mandates are a form of biopolitical control- they force Indigenous peoples to gain the approval of State officials for actions on their own land, treating Indigenous land as if it were owned by the federal government.

Kronk 12 (Elizabeth Ann, Associate Professor of Law at the University of Kansas, Director, Tribal Law and Government Center, “Tribal Energy Resource Agreements: TheUnintended “Great Mischief for Indian EnergyDevelopment” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=pelr)

In addition to concerns related to the …¶ comply with environmental regulations not applicable to the¶ states.79

Environmental assessments under federal standards crowd out alternative knowledge, while indigenous control creates new knowledge production which rectify essentialist boundaries of race and nature and augments technoscience

Bosworth 10 (Kai A., Graduate student, U. of Minnesota, , "Straws in the Wind", http://digitalcommons.macalester.edu/envi_honors/7, Acc: 7/13/12, og)

The knowledge produced …  connections called solidarity” (Haraway 1991, 191).

TERAs are guises for extending Federal managerial control- they shift all risk to the Indigenous peoples while empowering the Federal government to monitor, control, and dominate Indigenous decision making. 

Kronk 12 (Elizabeth Ann, Associate Professor of Law at the University of Kansas, Director, Tribal Law and Government Center, “Tribal Energy Resource Agreements: TheUnintended “Great Mischief for Indian EnergyDevelopment” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=pelr)

President Joe Shirley, Jr.,¶ shared and … following¶ approval of TERAs

The control of the indigenous population fostered by disciplinary power results in systemic genocide and necessitates cycles of violence.

Santos 03(Boaventura de Sousa Santos director of the Center for Social Studies at the University of Coimbra, 2003 “Collective Suicide?” http://bad.eserver.org/issues/2003/63/santos.html)

According to Franz Hinkelammert, … of horror and destruction