Tournament: KCKCC | Round: 1 | Opponent: Kstate | Judge: Tews

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: The Unintended “Great Mischief for Indian Energy Development” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http:~/~/digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=cgi?article=1705andcontext=pelr)

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 and comment provisions from Tribal Energy Resource Agreements.

Federal subjugation of Indigenous peoples is systemic and rooted in the colonialist notion that Indigenous peoples gave sovereignty to America, and that the federal government owes them protection as a “dependent nation”.

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

Federal Trustee statutes are interpreted by the United States to either place Indigenous peoples in a dependent status or to protect Indigenous peoples from government intervention- both notions are colonialist and based on the choices of the US, not the 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: The Unintended “Great Mischief for Indian Energy Development” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http:~/~/digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=cgi?article=1705andcontext=pelr)

TERA restrictions don’t apply to state governments and are stricter than restrictions on the Federal government- this discrepancy is indicative of the flawed mindset of colonialism guiding policy toward 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: The Unintended “Great Mischief for Indian Energy Development” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http:~/~/digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=cgi?article=1705andcontext=pelr

Colonialism inflicts massive daily suffering, dehumanizing populations. The impact is sustained and perpetual.  It outweighs any one-shot impacts.

Russel Lawrence Barsh, Professor of Native American Studies at the University of Lethbridge and United Nations Representative of the Mikmaq Grand Council and Four Directions Council, University of Michigan Journal of Law Reform, Winter, 1993, 26 U. Mich. J.L. Ref. 277

Internal Self-Determination is the remedy for colonialism

Aukerman 2000 Miriam J. US representative of the Gulag Museum “Definitions and Justifications: Minority and Indigenous Rights in a Central/East European Context” Human Rights Quarterly 22.4 (2000) 1011-1050

Now is key – we have a moral obligation to act in any way possible to stop the harms of colonialism.

Bothwell 2K Anthony Peirson Xavier (2000) "We Live on Their Land: Implications of Long-Ago Takings of Native American Indian Property," Annual Survey of International and Comparative Law: Vol. 6: Iss. 1, Article 9. Available at: http://digitalcommons.law.ggu.edu/annlsurvey/vol6/iss1/9

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

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: The Unintended “Great Mischief for Indian Energy Development” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http:~/~/digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=cgi?article=1705andcontext=pelr)

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: The Unintended “Great Mischief for Indian Energy Development” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http:~/~/digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=cgi?article=1705andcontext=pelr)

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/7url:http://digitalcommons.macalester.edu/envi_honors/7, Acc: 7/13/12, og)

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: The Unintended “Great Mischief for Indian Energy Development” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http:~/~/digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=cgi?article=1705andcontext=pelr)

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)

Removing TERA restrictions is key to breaking down the biopolitical control the Federal government exercises over Indigenous decision making- Federal involvement creates the poverty and exclusion that traps Indigenous peoples in a state of dependence.

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

TERA environmental review provisions destroy Indigenous self-determination, 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: The Unintended “Great Mischief for Indian Energy Development” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http:~/~/digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=cgi?article=1705andcontext=pelr)

Removing TERA environmental review provisions is a step toward self-determination.

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

Removing TERA restrictions promotes Indigenous self-determination.

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

Removing TERA restrictions is key to Indigenous self-determination- 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: The Unintended “Great Mischief for Indian Energy Development” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http:~/~/digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=cgi?article=1705andcontext=pelr)

Self-determinationis a prerequisite to other freedoms, meaning without it there is no human dignity.

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)

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: The Unintended “Great Mischief for Indian Energy Development” and the Resulting Need for Reform29 Pace Envtl. L. Rev. 811 (2012), 5-21. http:~/~/digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705andcontext=cgi?article=1705andcontext=pelr)

Indigenous controlled energy development breaks down the Western ideology that has been forced upon Indigenous peoples

Stephen Cornell and Joseph P. Kalt, Cornell is Director of the Udall Center for Studies in Public Policy and Professor of Sociology and of Public Administration and Policy at The University of Arizona where he also serves as a faculty associate with the Native Nations Institute for Leadership, Management, and Policy. Kalt is Ford Foundation Professor of International Political Economy. 1992, American Indian Studies Center.

TERAs can uniquely provide recognition of equality, with the potential to dramatically increase Indigenous self-determination while reducing the role of the Federal Government.

Hendershot 8— (Don, columnist for the Smoky Mountain News, “Between Two Sovereigns”, October 2008, http://www.drinkerbiddle.com/Templates/media/files/news/2008/paul-moorehead-talks-tera-with-native-american-journal.pdf)