Master's Thesis, 2008 Table of Contents, Foreword, Introduction, & Conclusions only - contact me for more information.

1. California Energy Policy & Native American Tribes:
Consultation, Collaboration, and Support for Renewable
Energy Development and Energy Efficiency Programs
by
Amanda C. Cárdenas
A thesis submitted in partial fulfillment of
the requirements for the degree of
Master of Science
(Environment & Resources)
at the
Nelson Institute for Environmental Studies
University of Wisconsin – Madison
2008

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“America is at an unsustainable place where we’ve consumed half of the world’s
known oil and combusted ourselves to the edge of oblivion in terms of global climate
change. The challenge is how you transform that to an economy that is more
sustainable. A lot of traditional teachings that are indigenous about land
management—underburning growth, forestry—are philosophical teachings that have
merit. My reservation is doing this renewable-energy program out of locally
produced and renewable [sources], in terms of wind energy, biofuel, solar.”
~Winona LaDuke (Anishinaabe), Native American activist, environmentalist, economist, and writer
“We call for a more sustainable and culturally appropriate development that is
guided by the values and teachings of our ancestors. We call for an economic base
that would truly empower our people rather then the pockets of transnational
corporations, western cities, tribal, state and federal government. We call for an end
to the colonization of our lands for energy purposes and we demand a better
government that is more accountable to the people.”
~Roberto Nutlouis, of the Indigenous Youth Coalition of Pinon, a small community on the Navajo reservation,
a member of the Black Mesa Water Coalition and part of the IEN youth committee

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Table of Contents
Acknowledgements ……………………………………………………………………... v – vi
Foreword …………………………………………………………………………....... vii - viii
Introduction ………………………………………………………………………............ 1 – 2
Chapter One ………………………………………………………………………......... 3 – 16
 Overview of California Indian History and Its Uniqueness
 Political and Legal Context
Chapter Two ……………………………………………………………………………17 – 34
 Tribal-State Cooperative Relationships/Intergovernmental Agreements
 Importance of Energy Policies/Programs and Native Americans
 Federal Support for Indian Energy Efficiency and Renewable Resource
Development
 California Energy Law, Policy, and Program Context
 California Energy Policy’s Relevance to Tribes
Chapter Three …………………………………………………………………………. 35 – 51
 State of Knowledge: Energy-Related State Agencies and Their Studies and Reports
 California Energy-Related Legislative Committees
 California Legislative Committees/Caucuses/Task Forces and Executive Agencies
(Commissions and Offices) for Native Americans
 California Legislation for Consultation/Cooperation with Tribes
Chapter Four: Interviews with California Tribes …………………………………..…. 52 – 78
 Purpose of Interviewing
 Interview Design, Selection, and Response Rate
 Interview Results and Analysis: Trends in Responses
Chapter Five ………………………………………………………………………….. 79 – 98
 Tribal-State Relations in Both Branches
 Varying Degrees of Consultation and Cooperative Policies, Commissions, and
Committees on Indian Affairs
 Applicable Models for CA & Prescriptive Conclusions for the CA Government
Chapter Six ………………………………………………………………………....... 99 – 114
 Prescriptions for California
 Avenues to Expand Native American Voice/Representation in CA Government’s
Energy Affairs: What Tribes Can Do

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Conclusion …………………………………………………………………………. 115 – 118
 Summary of Key Findings, Gaps in Thesis Study, and Call for Further Research
 Generating Greater Discussion about Energy Policy Impacts – and Policy Impacts in
General – on CA Tribes
Appendix 1 …………………………………………………………………………. 119 – 131
 Maps, Figures, & Tables
Appendix 2 …………………………………………………………………………. 132 – 142
 Interview Information
Appendix 3 …………………………………………………………………………. 143 – 146
 Research Approval and Consent Forms
Appendix 4 …………………………………………………………………………. 147 – 148
 Acronyms
Literature Cited/Consulted ………………………………………………………… 149 – 155

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ACKNOWLEDGEMENTS
This thesis has required much patience, persistence, and faith. I am grateful for my
advisors willing to work within my short time frame and see me through with their
encouragement and support. This topic has been a challenging one, but one that has been
illuminated through interviews with participating tribes. With great appreciation, I want to
acknowledge the candid input, time, and trust given by the Ewiiaapaayp Indian Reservation
(Ewiiaapaayp Band of Kumeyaay, formerly Cuyapaipe), Hoopa Valley Reservation (Hupa),
Lone Pine Reservation (Paiute and Shoshone), Picayune Rancheria (Chukchansi), Robinson
Rancheria (Eastern Pomo), Santa Ynez Reservation (Chumash), and Susanville Indian
Rancheria (Paiute, Maidu, Pit River, and Washoe). Participation was not easy to acquire for
this study, and their perspectives have provided representative voices even for those
California tribes not interviewed. Textual materials can only lend so much to research;
interviews with tribal government officials greatly strengthened this study by filling in the
gaps and lending greater credibility to the state of affairs in California with respect to tribal-
state relations and energy policy. Additionally, I appreciate the prompt communication with
the California Energy Commission (Assistant Director of Policy Development; Deputy
Directors of the Energy Efficiency and Renewables Division, the Electricity Supply Analysis
Division, the Energy Research and Development Division, the Fuels and Transportation
Division, and the Energy Facilities Siting Division; former Project Manager for the 2007
Integrated Energy Policy Report; and Public Advisor) and the California Public Utilities
Commission (Transmission Permitting Advisor). Not least important, I would like to thank
my parents for taking such interest in and supporting my passion for environmental policy

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and Native American issues. Passion is the key to a good argument and good writing, and
they have fostered my passion for the environment and justice since an early age.

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FOREWORD
Although the subject of California energy policy and tribes must inevitably have
some informal discussion, the overall state of affairs was not previously assessed nor written
about by the state government, tribes, or other organizations. No documents have been
produced that address this question of tribal-state consultation and collaboration, as well as
state support for renewable energy development and energy efficiency in California Indian
Country. California lacks a sovereignty accord, legislative committee on tribal affairs,
executive commission on tribal-state relations, and presently has no Native Americans
serving in the State Legislature. This is shocking, considering the vast number1 of Native
Americans in the state. Moreover, energy development and efficiency programs are more
extensive in California compared to any other state, and yet tribes appear to have no place at
the policy-making table and are barely consulted.
Most tribes in California are just beginning to learn about energy issues, either on
their own initiative or from federal agencies. Still, there is a lack of interaction between
tribes and the state when it comes to energy policy-making and program creation. Tribes are
very much viewed through the lens of gaming, which continues to be a barrier in tribal-state
relations in addition to the unique history of tribal-state relations that is not too long ago to be
considered a remnant of the distant past.
This thesis aims to determine the degree and type of incorporation of California tribes
in the state government’s energy policy discussions. 106 federally recognized tribes means
1
In 2004, the U.S. Census Bureau reported that there are 687,400 Native Americans in California, the
highest total of any state in the nation (http://www.census.gov/Press-
Release/www/releases/archives/facts_for_features_special_editions/005684.html).

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106 sovereign nations within California, not just a single minority population (Map in
Appendix 1). The impacts of energy are huge, especially in a state with major electric
industry restructuring, blackout crises, and mass renewable energy development and energy
efficiency programs.
This thesis is not without gaps and limitations, but my hope is that it provides tribes
and others with proof of the matter that can then be used to bring about change to this
unfortunate conclusion.2 I began this thesis with the intention of laying the foundation for
further pursuit of this topic, which needs more attention. It is therefore not perfect, but it is
revealing. More studies are necessary, which would ideally collect data from even more
tribes in California and bring the findings to the state government and general public.
Further, seeking state agency perspectives and input3 would help to balance tribes’
perspectives provided by this study. Renewable energy development and energy efficiency
are crucial to increasing tribal sovereignty and self-determination, which will bring much
greater welfare to California tribes.
2
The primary conclusion is that California tribes have not sufficiently, nor justly, been incorporated
into state energy policy debates and existing energy programs. The findings of this study do not
imply that tribes have purposely been excluded, but rather, that tribes have been overlooked and
neglected by California in its energy affairs. The intention of this paper is not to be antagonistic. It is
not meant to take a completely neutral or complacent position either but to highlight present
deficiencies and to suggest improvements on the part of the State of California.
3
The California Energy Commission and the California Public Utilities Commission were contacted
for the purpose of balancing tribal perspectives, although the scope of this study and its primary goal
were more narrowly confined to providing tribal perspectives. Future studies may expand the scope
of this paper and conduct thorough research on California executive agency and State Legislature
views and experiences with tribal-state relations and energy issues.

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INTRODUCTION
California has 106 federally recognized tribes (Ben and Coty 2003). It also has multiple other
non-federally recognized tribes and the largest population of Native Americans within any state in the
country. California is diverse in its geography, environment, demographics, and economic bases;
California tribes demonstrate similar diversity. California is one of the most environmentally
progressive states and is a national leader in the development of renewable resources4 (CEC Integrated
Energy Policy Report 2007: 101). Over the past three decades, the state has created one of the largest
and most diverse renewable generation portfolios in the world (CEC Integrated Energy Policy Report
2007: 101). It also has the world’s eighth largest economy (CEC Integrated Energy Policy Report
2007: 16). Given this unique status, combined with the notable number of Native peoples in the state,
California energy policy’s impact on tribes should also be considered and discussed. The hypothesis –
and the impetus for this thesis – was that California tribes have not sufficiently, nor justly, been
incorporated into state energy policy debates and existing energy programs.
The focus of this research has been on the State of California’s energy policy process and
energy development/efficiency program support for Native American tribes and communities. The
two areas that this study highlights are: (1) inclusion (e.g., consultation and collaboration) of tribes in
the state energy policy process and program development; mutually beneficial partnerships; tribal-
state relations and; (2) degree of state funding, education, and technical assistance for tribes to
develop renewable energy resources and energy efficiency programs.
There is currently a lack of information in journals, few symposiums/conferences with no
written conclusions or reports, and no previous or existing studies by California state
agencies/departments in this issue realm. This study is the first to address the confluence of California
4
California leads the U.S. in electricity generation from non-hydroelectric renewable energy sources, including
geothermal power, wind power, fuel wood, landfill gas, and solar power. California also produces the most
hydroelectric power, second only to Washington State (EIA State Energy Profiles, California).

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tribes and state energy policy/programs, and to provide conclusions and suggest prescriptions.
Qualitative assessments have been conducted to write this thesis, but further data was needed to fill
this research gap. Thus, this study involved interviews with the tribal government officials themselves
so as to gain a tribal perspective. The interview subjects mostly serve in leading positions within their
tribal natural resources/environmental protection departments/agencies and are most familiar with
environmental/energy issues for the tribes. These interviews greatly complemented, strengthened, and
clarified the qualitative assessment of information sources such as books (about tribal-state relations),
journal articles, organization publications, state government documents/records,5 state legislation, and
legal texts consulted for this research.
5
Correspondence with California agencies helped in the assessment of state agency reports and programs.

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CONCLUSION
Summary of Key Findings, Gaps in Thesis Study, and Call for Further Research
Originally, this study planned to interview at least one tribe from almost every county in
California that contains tribes (for geographic representation). California tribes were originally
selected based on several other factors: reservation/rancheria size, enrollment, affluence (determined
by per capita income and resort/gaming operations), and whether they have their own natural resources
department.6 However, this list of 31 tribes had to be altered due to lack of response and time
constraints. Nonetheless, the seven tribal government officials interviewed in this study reveal a trend
that substantiates and proves the hypothesis of this study: California tribes have not sufficiently, nor
justly, been incorporated into state energy policy debates and existing energy programs. More
specifically, key findings for this study are as follows:
 Bearing in mind that California has the largest population of Native Americans out
of any state in the nation, the state’s tribal-state relations political structure is
underdeveloped compared to other state models.
 Virtually no tribal-state consultation or collaborative frameworks exist for energy
issues, policies, and programs.
 State support (i.e., funding, educational assistance, technical assistance, and project
planning assistance) for tribes’ energy needs and interests appears minimal to
nonexistent. Outreach by state energy agencies is not specifically geared toward
tribes.7 The majority of energy development and energy efficiency support comes
6
Statistics and characteristics from Tiller’s Guide to Indian Country: Economic Profiles of American Indian
Reservations (2005) were used in the original selection process. This resource can provide an excellent starting
point for selection of tribes in future studies.
7
A prescription for tribes at the present time is to take the initiative to contact state agencies to find out about
energy policies and programs rather than wait for state agencies to contact and consult with them.

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from the federal government, with the DOE, HUD, EPA, etc. providing almost all
energy-related outreach.
 California appears to leave tribal energy matters to the federal government, which is
detrimental because of increasing devolution, where tribes and states must learn to
work together, and because federal support is not without its gaps and limitations.
 Tribal-state relations history in California, and the ways that state and tribal
governments perceive each other, needs to be acknowledged and repaired as a
precondition for forging future relationships. Tribes are hopeful for win-win
situations between tribes and the State of California.
 As confirmed by this study, tribes believe that energy development and energy
conservation measures will strongly and positively impact tribal sovereignty and
self-governance.
These findings warrant further attention. Interviews with a greater number of tribes throughout
California would make an even stronger argument for tribes to bring to the state government.8
Inevitably, there is variation in interview subjects’ knowledge of energy issues and
involvement in tribal-state relations. Perhaps responses were more strongly influenced by personal
beliefs and feelings in some cases; a larger number of tribal interviews could remedy any bias that may
exist. Still, the individuals who were interviewed represented their tribes for this study, and they all
serve in leading environmental positions for their reservations/rancherias. They agreed to participate
due to their belief that they were the most appropriate contact in their tribes for the premise of this
study. It is also my belief that they have given very candid responses due to their trust in the promise
of not disclosing their identities, and due to their belief that this study is genuinely intended to benefit
8
In addition, future studies should interview state officials to get their opinion and interpretation of the state of
affairs. Future studies may also want to look at comparably sized government bodies such as townships and
villages to see if such entities report frequent contact with the state for energy matters; if so, this could make an
even stronger case for neglect of tribal nations.

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all tribes in California. Hopefully, tribes will utilize these findings and generate discussion among
themselves, question state energy agencies’ roles in tribal-state relations, and bring the words and
concerns of tribes themselves to the California government.
Generating Greater Discussion about Energy Policy Impacts – and Policy Impacts in General –
on CA Tribes
Where do tribal governments fit in moving California, America, and the world to a post-fossil
fuels economy? Electric industry restructuring, energy policy reform, and energy efficiency program
development are here in California, and tribes should not be to only ones in the state to ask what this
means in terms of service and welfare for Native American communities and Indian Country.
The good news is that tribal-state relations with respect to energy issues is not a conflict over
territorial boundaries and jurisdiction. Rather, it is about incorporating tribes into the state energy
policy process and state energy programs. But the degree to which California tribes are considered and
included in the state’s energy policy process and programs is still an issue of sovereignty at its core.
Alternatives to state-centrism and a zero-sum perception of tribal-state relationships are possible and
need to be pursued to create “positive-sum tribal-state relationships” (Cornell and Taylor 2000: 4).
Energy and climate problems transcend political boundaries and require new frameworks to solves
these problems. California tribes are impacted by energy policy and program choices that the state
makes, and the state is also impacted by tribal energy development decisions. Tribes need to be
viewed as both sovereign governments, with a right to consultation, collaboration, and support – a
right to seats at the table as fellow sovereign nations sharing the same geography – as well as partners
in solving energy and climate issues. Moving beyond an obsessive concern with restricting tribal
sovereignty and ending neglect for energy policy’s impact on tribal welfare is a necessary task for
California. California’s formal recognition of tribal sovereignty is a necessary first step in forming
tribal-state cooperative relationships, as we see in several state models.

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Tribal governments have begun to take advantage of self-determination, and they have begun to
take their place in U.S. federalism through tri-federalism (i.e., power shared among tribes, states, and
the federal government). Tribal recognition came in President Bill Clinton’s Executive Order 13084
issued on May 1998, entitled “Consultation and Coordination with Indian Tribal Governments”
(Mason 2002: 97). Similarly, a new dimension should be added to tri-federalism where tribes and
states engage in positive power-sharing – consultation and collaboration – in such a way that affirms
and upholds tribes’ status as co-existing sovereign nations with legitimate and important roles in our
vital renewable energy future.