Stephen Manydeeds: Three Doors to Open. Choose Wisely.

Experience has proven that the worst way for a tribe to develop its energy and mineral resources is to await contact from a developer, then respond.

The best way is for a tribe to determine beforehand what kinds of development will best address the problems and aspirations of the tribe, then take proactive measures.

Successful tribes first sit down and review all their resources to see how development can effectuate tribal goals. They often do this in their tribal chambers without any outsiders involved.

This decision-making process can be analogized to determining which of three doors the tribe will open:

• Door #1: Opening this door will result in the tribe taking no action. A tribe chooses this option when it has been determined that the hazards of development outweigh the benefits. These hazards can include permanent damage to the environment or sacred sites.  Dust, noise, and disruption may also be concerns.

• Door #2: Leasing through the BIA. This is the easiest doorway for a tribe to pass through as the BIA takes over most of the advertising, conducts environmental studies, and monitors production. The downside is that this choice will bring the lowest return to the tribe for a depletable resource. The leasing entity does not have to hire or train tribal employees, and the finished product normally goes off reservation. Often, the development has a minimal impact on the reservation economy. In addition, because the BIA is involved, everything moves at a bureaucratic pace: Slowly.

• Door #3: Developing resources by themselves. This option provides the greatest economic return and control of tribal resources and allows the tribe to train, employ, and develop industries on the reservation. These industries often have long-term benefits to the tribe. The tribe also can decide what type of environmental studies will need to be done to protect their lands. The downside is that it requires capital to start up these industries and the tribe assumes all the risk if things don’t work out. However, the tribe can mitigate some of these risks through joint ventures and by taking advantage of the Indian Loan Guarantee Program.

Whichever door to development a tribe picks, it is crucially important that it be an informed choice. With each of these choices, tribes must review all the data, studies, and economic scenarios before it acts.

Choosing wisely means being on a level playing field with the developer. This is only possible when the Department of Interior can make available expert, professional staff to advise the tribe.