[Congressional Record (Bound Edition), Volume 149 (2003), Part 10]
[Senate]
[Pages 13958-13962]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  ENERGY POLICY ACT OF 2003--Continued

  The PRESIDING OFFICER (Mr. Chambliss). The Senator from Colorado.


                           Amendment No. 864

(Purpose: To replace ``tribal consortia'' with ``tribal energy resource 
          development organizations,'' and for other purposes)

  Mr. CAMPBELL. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.

[[Page 13959]]

  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Colorado [Mr. Campbell], for himself and 
     Mr. Domenici, proposes an amendment numbered 864.

  Mr. CAMPBELL. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under ``Text 
of Amendments.'')
  Mr. CAMPBELL. Mr. President, it is an indisputable fact that Indian 
country contains some of the richest energy resources in the America.
  Indian lands comprise approximately 5 percent of the land area of the 
United States, but contains an estimated 10 percent of all energy 
reserves in the United States, including: 30 percent of known coal 
deposits located in the western portion of the United States; 5 percent 
of known onshore oil deposits of the United States; and 10 percent of 
known onshore natural gas deposits of the United States.
  Coal, oil, natural gas, and other energy minerals produced from 
Indian land represent more than 10 percent of total nationwide onshore 
production of energy minerals.
  Even though in one year alone over 9.3 million barrels of oil, 299 
billion cubic feet of natural gas, and 21 million tons of coal were 
produced from Indian land, representing $700 million in Indian energy 
revenue, the Department of the Interior estimates that only 25 percent 
of the oil and less than 20 percent of all natural gas reserves on 
Indian land have been fully developed.
  It is ironic that many Indian people were forced on to the most arid, 
barren, and least productive lands in the 1800s and now they find 
themselves resource rich.
  Despite what we may read in the Washington Post or the New York Times 
about the so-called rich Indians and Indian gambling, it is also 
indisputable that Indians are the most economically deprived ethnic 
group in the United States. Unemployment levels are far above the 
national average, in some cases as high as 70 percent. Per capita 
incomes are well below the national average. They have substandard 
housing, poor health, alcohol and drug abuse, diabetes, amputations, 
and a general malaise and hopelessness, even suicide among Indian 
youngsters.
  In fact, in some reservations it is not uncommon to find one out of 
every two teenage girls and one out of every three boys who attempt 
suicide driven by despair and a dead end future. In that context, this 
amendment I am offering today tries to give them some help.
  Given the extent of the economic deprivation in Indian country and 
the vast potential wealth residing in energy resources which could 
ameliorate this deprivation, it has long been a puzzle why these 
resources have not been more fully developed.
  The answer lies partly in the fact that energy resource development 
is by its very nature capital intensive. Most tribes do not have the 
financial resources to fund extensive energy projects on their own and 
so must partner with private industry, or other outside entities, by 
leasing out their energy resources for development in return for 
royalty payments.
  The unique legal and political relationship between the United States 
and Indian tribes sometimes makes this leasing process cumbersome.
  As with most Indian law and policy, history plays an important part. 
Towards the end of the 19th Century, Indian tribes were forcibly 
removed to isolated areas and reservations where it was believed they 
would not hinder the westward expansion of a new and growing country.
  The natural resources contained on these lands were taken into trust 
by the Federal Government to be administered for the benefit of Indian 
tribes. The ostensible reason for the trust was the belief that Indians 
were incapable and incompetent of administering such resources, and 
would be susceptible to land and resource predators.
  By the way, that belief was prevalent with a lot of people in 
American Government and led the Surgeon General at the time to issue a 
request to the U.S. Army that Indian skulls be sent to DC to study and 
find out if Indians had the intelligence to own their own land. That, 
in turn, gave rise to the saying among modern Indian people that there 
are more dead Indians in Washington, DC, than live ones, because until 
the last couple of years there were over 16,000 remains, primarily 
skulls and upper body bones, warehoused in the Smithsonian. Just a few 
years ago, we passed a Museum of the American Indian bill, and one 
provision of that required that the Smithsonian and other Federal 
agencies start returning those bones.
  A legal and bureaucratic apparatus was formed to administer this 
trust, and over a century later this apparatus remains in place in the 
Interior Department.
  In her capacity as trustee of Indian resources, the Secretary of the 
Interior is required to examine all leases of Indian trust resources, 
to ensure that the terms of the lease benefit the tribe, and to ensure 
that the trust asset is not wasted.
  The Committee on Indian Affairs has been informed over the year that 
the Secretarial approval process is often so lengthy that outside 
parties, who otherwise would like to partner with Indian tribes to 
develop their energy resources, are reluctant to become entangled in 
the bureaucratic red tape that inevitably accompanies the leasing of 
Tribal resources.
  Hence, the framework that was originally designed to protect tribes 
has become an obstacle to development of Tribal resources, in that the 
bureaucratic impediments of trust administration are now a disincentive 
to outside investors.
  To help remedy these problems, earlier this year I, along with 
Senator Domenici, introduced the Indian Tribal Energy Development and 
Self Determination Act of 2003 to provide assistance and encouragement 
to Indian tribes to develop their energy resources.
  This was based really on last year's amendment to the Energy 
conference report, much of the same language. That report, of course, 
did not emerge from the conference committee and died with the end of 
the last Congress.
  This assistance included:
  The establishment of an Indian Energy Office; grants, loans, and 
technical assistance; capacity building; and regulatory changes to the 
rules governing the leasing of Indian lands for energy purposes.
  At the same time, the Senator from New Mexico, Mr. Bingaman, 
introduced his own Indian energy bill that somewhat mirrored ours.
  After the hearing and much debate the best of these two bills were 
melded together into a composite bill that made up title III of the 
bill before us now.
  The amendment I am offering today contains refinements but not major 
changes of title III and I would like to walk through these provisions 
for the benefit of the Members who will be reviewing the Record 
tomorrow.
  Section 2601 contains definitions. Its standard definitions section 
provides definitions for a number of terms including the following:
  Director of the Office of Indian Energy Policy; Indian Tribe; and 
Vertical Integration.
  Section 2602, the Indian Tribal Energy Resource Development, 
authorizes the Interior Secretary to provide assistance to Indian 
tribes in the form of development grants and grants for obtaining or 
developing managerial capacity needed for energy purposes.
  It provides low-interest loans to Indian tribes and tribal energy 
development organizations to promote Indian energy development.
  Section 2602 also provides assistance to Indian Tribes for purposes 
of energy efficiency and energy conservation; as well as planning, 
construction, operation, maintenance of electrical generation 
facilities on tribal lands.
  Section 2603, the Indian Tribal Energy Resource Regulation authorizes 
the Secretary of Interior to make grants to Indian tribes and tribal 
energy development organizations to use, develop, administer, and 
enforce tribal

[[Page 13960]]

laws governing the development and management of energy resources on 
their own lands.
  This section helps tribes build the capacity, if they do not already 
have it, to develop their resources in an effective and safe way.
  For instance, a tribe could use these funds to develop a tribal 
energy resource inventory; to carry out feasibility studies necessary 
to the development of energy resources; to develop and implement tribal 
laws and technical infrastructure to protect the environment; to train 
employees engaged in energy development and environmental protection; 
and other functions related to scientific and technical data 
development and collection.
  Section 2604 establishes a voluntary process for those tribes that 
choose it to help develop their energy resources.
  Under the process, an Indian tribe must first demonstrate to the 
Secretary of Interior that it has the technical and financial capacity 
to develop and manage its own resources.
  Once it meets this burden, the tribe can negotiate energy resource 
development leases, agreements and rights-of-way with third parties 
without first obtaining the Secretary's approval. This will provide 
streamlining to the leasing process that is now burdened by an 
extensive Federal regulation I mentioned earlier.
  Whether a tribe decides to avail itself of the new procedure in the 
section or continue under the current system will be entirely at the 
option and discretion of each tribe. None is required to do so. It is 
totally voluntary, tribe by tribe.
  Under current law, in order to be valid, all leases, business 
agreements, and rights-of-way involving restricted land must be 
submitted to and approved by the Secretary of the Interior. Section 
2604 of the Campbell amendment provides tribes with the obligation of 
submitting to the Secretary a proposed government-to-government 
agreement, a tribal energy resources agreement, sometimes called a 
TERA--and I will continue using that word for simplicity--that will set 
forth mandatory provisions for future leases, business agreements, and 
rights-of-way involving energy development on tribal lands.
  Along with the proposed TERA, the tribe will have to make a 
demonstration to the Secretary that it has the experience and 
managerial and financial capacity to regulate and develop its own 
energy resources. If the Secretary approves the TERA, that TERA will 
govern future development of the tribe's energy resources. The TERA, by 
virtue of this section, will require tribal leases and agreements to 
have certain terms, require compliance with all applicable 
environmental laws, notice to the public, and consultation with the 
States as to potential off-reservation impacts. The TERA will provide 
for an environmental review process that will identify all significant 
impacts, inform the public, and allow the public to comment on the 
potential environmental impacts before any lease agreement or right-of-
way is approved.
  The Secretary will be required to review any direct effects of an 
approval of the TERA itself under NEPA. The subsequent tribal approval 
of leases, business agreements, and rights-of-way under TERA will not 
be subject to another review under NEPA. In other words, tribes will 
not be exempt from NEPA. It will be front-loaded so that the 
requirements are at the secretarial level, but if that agreement goes 
through, they will not have to go through the NEPA process two times.
  The TERA will also require the Secretary to do an annual trust asset 
evaluation to modernize the tribe's energy development activities and 
allow her to reassume the responsibility over those activities if she 
finds an imminent jeopardy of trust assets. This section gives third 
parties who have or may sustain a significant adverse environmental 
impact as a result of the tribe's failure to comply with its TERA the 
standing to petition the Secretary to review the tribe's activities. 
This process both protects the tribe's status and certainly does not 
allow them to circumvent NEPA. If she finds the tribe in violation of 
TERA, she may suspend the leases or rights-of-way or suspend TERA 
altogether.
  Section 2604 also discusses the Secretary's trust responsibility. It 
expressly states that the section does not absolve the United States 
from that responsibility and expressly states that the Secretary will 
continue to have a trust obligation to protect a tribe when another 
party to a lease agreement or right-of-way is in breach. It does not 
affect trust responsibility at all.
  Section 2604 provides that the United States will not be liable to 
any party, including a tribe, for losses resulting in the terms of any 
lease agreements or right-of-way executed by the tribe pursuant to the 
approved TERA, which makes sense; Liability follows responsibility. If 
a tribe makes the leasing decisions, it should certainly be held 
responsible. If the United States continues to make the leasing 
decisions, it will continue to be held responsible. If Indian self-
determination means anything, it means the right of tribes to make 
their own decisions and their responsibility to the tribes to live with 
those decisions.
  Section 2605 deals with the Federal Power Marketing Administration. 
This section authorizes the Bonneville Power Administration and the 
Western Area Power Administration to encourage Indian energy 
development through a variety of means. It authorizes the power 
administrations to purchase power from Indian tribal generators to meet 
their own needs or energy needs on Indian lands, and it requires that 
any such power purchase must not cost more than the prevailing market 
price.
  This section also authorizes the Energy Secretary to undertake a 
power allocation study with a report due within 2 years of the 
enactment of the title.
  Section 2606 deals with Indian mineral development review. This 
section authorizes the Interior Secretary to undertake a review of all 
activities conducted under the Indian Mineral Development Act of 1982 
and to report the results of that review to Congress. Included in the 
study would be recommendations for overcoming the barriers to greater 
mineral development on Indian lands, such as legal barriers, physical 
barriers, market barriers, and others.
  Section 2607 authorizes the Energy Secretary, in tandem with the 
Interior Secretary and the Army Corps of Engineers, to undertake a 
feasibility study of developing a demonstration project that uses wind 
energy generated by tribes and hydropower generated by the Army Corps 
of Engineers on the Missouri River to supply area to the Western Area 
Power Administration. A report of this study is due within 1 year of 
enactment.
  That is the substance of this amendment. It is very important that 
the choice of the tribes is upheld, and it certainly is whether you 
want to participate or not.
  For the record, I ask unanimous consent to have letters of support 
printed in the Record, including from the National Congress of American 
Indians which has over 300 tribal members, and the Council of Energy 
Resource Tribes with over 50 Members, and several letters from 
individual tribes, including the Chickasaw and the Cherokee.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                                              National Congress of


                                             American Indians,

                                     Washington, DC, June 2, 2003.
     Senator Ben Nighthorse Campbell,
     Chairman, U.S. Senate, Committee on Indian Affairs, Hart 
         Office Building, Washington, DC.
       Dear Senator Campbell: This letter is to offer general 
     support for the Indian Tribal Energy Development and Self-
     Determination Act of 2003 (Title III). Since the release of 
     your mark in April, NCAI has been working feverishly to offer 
     a solution to the concerns expressed by tribal 
     representatives. NCAI engaged in this effort so that we could 
     provide general support for this significant piece of 
     legislation once these concerns were addressed. Through this 
     collaborative process, we believe this legislation has the 
     potential to enhance economic development initiatives and 
     will be of great benefit to economic development in Indian 
     country.
       As you may be aware, concerns were raised by a number of 
     tribes and tribal advocates regarding some provisions of the 
     Chairman's mark for this measure. We shared in their concern 
     regarding provisions that significantly limit the United 
     State's liability and

[[Page 13961]]

     release the Secretary of Interior from any accountability to 
     Indian tribes for actions that she is required to undertake 
     pursuant to the legislation. Additionally, we were concerned 
     about the definition of ``tribal consortium'' which differed 
     greatly from the definition that is traditionally employed in 
     legislation affecting Indian tribes and offers federal money 
     to non-tribal entities that should be going to Indian tribes. 
     In addition to these two central concerns, we were not 
     satisfied with provisions pertaining to environmental review 
     and we had some general drafting-related issues.
       Given these concerns, NCAI has convened several conference 
     calls with tribal representatives including the Navajo 
     Nation. Council of Energy Resources Tribes, and the 
     International Council on Utility Policy, and developed a 
     series of tribal recommendations for modifying Title III. We 
     also convened with your staff and Senate Energy and Natural 
     Resources Committee staff to discuss the tribal 
     recommendations. Thereafter, your staff held a conference 
     call for those same representatives and staffers from the 
     Senate Energy and Natural Resource Committee. Although we are 
     pleased that we were able to craft better language for the 
     trust responsibility provisions, we are still concerned with 
     some of the limitations.
       Nonetheless, we realize that in this political climate, the 
     language as currently revised is likely the best compromise 
     that can be reached. We appreciate the effort of your staff 
     and other committee staffers to negotiate language that 
     attempts to address the tribal concerns in light of the 
     current political environment. Again, I want to underscore 
     that the tribal support comes from working with a group of 
     tribal representatives and organizations from diverse 
     perspectives, but not all perspectives. Because of this, our 
     revised version of your mark may not reflect the needs and 
     desires of all tribes who wish to utilize this legislation to 
     develop their energy resources.
       We would like to thank you and your staff for all of their 
     hard work on this very important issue. I cannot stress 
     enough how grateful we are to your commitment to developing 
     legislative solutions to age-old problems in Indian country. 
     Title III is just one more example of how Indian tribes 
     benefit from your championship.
           Sincerely,
                                               Jacqueline Johnson,
     Executive Director.
                                  ____



                            Council of Energy Resource Tribes,

                                         Denver, CO, June 3, 2003.
     Hon. Pete V. Domenici,
     U.S. Senate,
     Washington, DC.
       Dear Senator Domenici: On behalf of the 53 CERT member 
     Tribes, I am writing to express CERT's support for the Title 
     III Indian Energy provisions of S. 14.
       As you know, there are some provisions in section 2604 of 
     the Title III of the bill as reported that has caused concern 
     among CERT member Tribes. Fortunately, we believe those 
     concerns have largely been addressed by language agreed to 
     between Committee staff and representatives of CERT and 
     several member Tribes. At this time, we believe we have 
     reached agreement that addresses the concerns of CERT and the 
     Southern Ute Indian Tribe, the Navajo Nation and the 
     Jicarilla Apache Nation. We expect you will hear from each of 
     those tribes as well.
       CERT has agreed to language that insures that the Tribal 
     Energy Resource Agreements (TERA) process is a voluntary, 
     opt-in program for development of Tribal energy resources. We 
     have also agreed to language to be certain that the public 
     comment opportunities go to the environmental and other 
     impacts of the development and not to the terms of the 
     business agreements themselves. CERT accepts the revised 
     language that better describes the Secretary's trust duties 
     under this section. Finally, the scope of the Secretary's 
     NEPA review of the TERA is settled.
       While drafting final language for this section has been 
     somewhat difficult, we compliment the staff of both the 
     Senate Energy Comittee and the Senate Indian Affairs 
     Committee for their dedication to resolving the remaining 
     differences between us on language relating to trust 
     protections and enviroinmental issues.
       Again, we are pleased to support Title III with these 
     changes to section 2604 and appreciate your steadfast support 
     of the right of Indian Tribes to gain a better measure of 
     control over the development of energy resources on their own 
     lands.
           Sincerely,
                                                  A. David Lester,
     Executive Director.
                                  ____



                           Southern Ute Indian Tribal Council,

                                        Ignacio, CO, May 27, 2003.
     Re: Indian Tribal Energy Development and Self-Determination 
       Act of 2003; S. 14, Title III
     Chairman Pete V. Domenici,
     Committee on Energy and Natural Resources, U.S. Senate, 
         Dirksen Senate Office Building, Washington, DC.
       Dear Chairman Domenici: Approximately one month ago, the 
     Southern Ute Indian Tribe submitted a statement of 
     conceptual, but qualified, support for the Indian Tribal 
     Energy Development and Self-Determination Act of 2003. Our 
     Tribe's activities have shown that tribal energy development 
     can provide tremendous economic development opportunities for 
     tribes while simultaneously assisting the Nation in meeting 
     its energy demands. For tribes that have demonstrated the 
     capability to represent themselves effectively in energy 
     development activities, we have long-advocated legislation 
     that would provide the option of bypassing the stifling 
     effects of the Bureau of Indian Affairs approval requirements 
     applicable to tribal leases, business agreements and rights-
     of-way. The referenced legislation addresses this very 
     matter; however, as Section 2604 of Title III emerged from 
     the Senate Committee of Indian Affairs and the Senate 
     Committee on Energy and Natural Resources, it contained a 
     number of provisions that were objectionable to the Indian 
     community.
       Over the last month, committee staff members and 
     representatives of tribes and Indian organizations have 
     engaged in an intense dialogue about the problems in the 
     draft legislation, and, as a result of their tireless 
     efforts, proposed amendments have been developed that would 
     eliminate the problems previously identified. A list of those 
     proposed amendments is attached for references purposes. 
     Among the different matters resolved to our satisfaction have 
     been the following: (i) confirmation that Section 2604 is a 
     voluntary program available to Tribes on an opt-in/opt-out 
     basis; (ii) inclusion of pre-approval public notice and 
     comment opportunities regarding the environmental impacts of 
     a proposed tribal mineral lease, business agreement or right-
     of-way, but preservation of the confidentiality of the 
     business terms of such documents; (iii) acceptable balancing 
     of the limitations on and ongoing responsibility of the 
     Secretary to perform trust duties associated with a 
     participating tribe's activities undertaken pursuant to this 
     legislation; and (iv) confirmation of the appropriate scope 
     of NEPA review that would be associated with the Secretary's 
     decision to approve a Tribal Energy Resource Agreement 
     (``TERA''), which is the enabling document permitting a tribe 
     to proceed with independent development of mineral leases, 
     business agreements, or rights-of-way. Again, we helped 
     develop and wholly support these amendments.
       During the course of debate on this legislation, some have 
     suggested that Section 2604 will eliminate effective 
     environmental protection on affected tribal lands. We want to 
     assure the members of the Senate that this is not the case. 
     Energy resource development by a tribe generally carries with 
     it a deep commitment to preserving one's backyard. Tribal 
     leaders are directly accountable to their members for 
     preserving environmental resources. In the Four Corners 
     Region, it is not unusual for private landowners or BLM 
     lessees to comment enviously on the environmental diligence 
     employed by our Tribe in the development of our energy 
     resources. We renew our invitation to members of the Senate 
     to visit our Reservation and see first-hand our energy 
     resource projects.
       In conclusion, with the referenced amendments, we strongly 
     support S. 14, Title III. We urge other members of the Senate 
     to also support this legislation, and we commend those who 
     have worked toward its development and passage.
           Sincerely,
                                          Howard D. Richards, Sr.,
     Chairman.
                                  ____



                            Native American Energy Group, LLC,

                                    Ft. Washakie, WY, May 7, 2003.
     Senator Pete V. Domenici,
     U.S. Senate,
     Washington, DC.
       Dear Senator Domenici: Native American Energy Group (NAEG) 
     is an Indian owned company working with tribes and allottees 
     throughout the country to determine how best to develop oil 
     and gas reserves and help provide for the energy security of 
     this country while also protecting the interests of mineral 
     owners. The recent Indian provisions of the Energy Bill are a 
     big step in the right direction to accomplish positive 
     results for the Indian people of this country.
       One of the areas of contention is the environmental area 
     with many people stating that these provisions will gut the 
     NEPA process. While this is a legitimate concern, nowhere 
     have I read or heard that this is the intent of these 
     provisions. In fact recent language in the Bill clearly 
     denotes compliance with all applicable tribal and federal 
     environmental laws. Even without this new language though my 
     understanding was always that the intent was not to gut 
     environmental laws. Tribal governments with energy resources 
     are pro-development but by the same token they are also pro-
     environment. This may seem a dichotomy of sorts but my read 
     on this bill is that the language will strengthen tribal 
     sovereignty, develop tribal capacities and make tribal and 
     allotted oil and gas operations more accountable with less 
     impacts. In addition, the federal trust oversight will not be 
     diminished which is always a concern of tribal governments.

[[Page 13962]]

       NAEG appreciates the work and coordination that goes into 
     an effort of this magnitude and you and your staff are to be 
     commended for the recent provisions as presented in the bill. 
     The history and discussions surrounding this bill recognize 
     the importance of bringing tribes into the mainstream of the 
     energy picture of this country and providing the mechanisms 
     for the technical, administrative and legislative efforts to 
     occur.
       The research your staff has undertaken in support of this 
     bill very well explains the amounts of energy resources 
     situated on tribal and allotted lands. This largely untapped 
     resource can be a boost for this country as we seek to 
     provide jobs and diversify our economy, while helping America 
     meet its energy needs. Please share with the rest of the 
     Senate Indian Committee our support for these endeavors and 
     if there is any information we can provide to assist you in 
     your work please do not hesitate to call me.
           Sincerely,
                                                       Wes Martel,
     President.
                                  ____



                                              Cherokee Nation,

                                      Tahlequah, OK, June 2, 2003.
     Hon. Ben Nighthorse Campbell,
     Chairman, Senate Committee on Indian Affairs, Hart Senate 
         Office Building, Washington, DC.

     Hon. Daniel K. Inouye,
     Vice Chairman, Senate Committee on Indian Affairs, Hart 
         Senate Office Building, Washington, DC.
       Dear Mr. Chairman and Mr. Vice Chairman: It has come to my 
     attention that several changes have been made to Title III of 
     the Senate Energy bill. I understand that these changes will 
     reduce any risk to Tribes, and wish to offer the Cherokee 
     Nation's continued support of S. 14, the Energy Policy Act of 
     2003.
       I thank the Committee for its hard work on this issue and 
     for incorporating tribal recommendations into the bill. Your 
     leadership is greatly appreciated.
       Please feel free to contact my office if you have any 
     questions or comments. I may be reached at (918) 456-0671.
           Sincerely,
                                                       Chad Smith,
     Principal Chief.
                                  ____

                                           Office of the Governor,


                                         The Chickasaw Nation,

                                            Ada, OK, June 5, 2003.
     Hon. Ben Nighthorse Campbell,
     Senate Committee on Indian Affairs, Hart Senate Office 
         Building, Washington, DC.
       Dear Mr. Chairman: We support the inclusion of Title III, 
     as it is, in Senate Bill 14. Thoughtful development of our 
     tribal natural resources serves all Americans.
       We are grateful for the opportunities and support Title III 
     provide to the Chickasaw Nation, and for all of Indian 
     Country, as we explore and develop our natural resources. The 
     language allows us to exercise our own progressive style in 
     development and regulation; yet, it provides for those tribes 
     which prefer the more traditional approach.
       Having a voice in the U.S. Department of Energy will 
     highlight and expedite tribal energy issues. This is an 
     opportunity for every tribe to enter into the nation's 
     economic mainstream with the support of the federal 
     government.
       Your help, and that of Senators Bingaman and Domenici, is 
     appreciated.
           Sincerely,
                                                   Bill Anoatubby,
     Governor.
                                  ____



                                            The Mohegan Tribe,

                                     Uncasville, CT, June 5, 2003.
     Hon. Ben Nighthorse Campbell,
     U.S. Senate, Senate Committee on Indian Affairs, Hart Senate 
         Office Building, Washington, DC.
       Dear Mr. Chairman: The Mohegan Tribe supports the inclusion 
     of Title III in S. 14, the Energy Policy Act of 2003. 
     Offering flexibility and support in developing natural 
     resources throughout Indian Country, Title III creates 
     opportunities in which all Indian nations can benefit. We 
     also appreciate the hard work of Senators Domenici and 
     Bingaman in this matter.
           Sincerely,
                                                    Mark F. Brown,
                                                         Chairman.

  Mr. CAMPBELL. I say to my colleagues, in supporting the amendment, 
you are not only assisting Indian tribes and the development of energy 
resources but helping the United States become less dependent on 
foreign energy which I think is the goal of all.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BENNETT. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________