Tribal Ownership of Land
There is a situation brewing in Arizona and New Mexico that could have profound energy effects for the nation. The main natural gas pipeline that runs from El Paso, Texas supplies the vast majority of natural gas to New Mexico, Arizona and California. The pipeline crosses Navajo Tribal Land and the old right of way with the tribe is due to expire October 18. The tribe now wants a significant increase in the fees to allow the right-of-way for the pipeline to continue.
What is particularly interesting is the total lack of options on the part of El Paso Corp. the natural gas company.
Part of El Paso’s frustration lies with the fact that there is no way to force a settlement.
If the land were private property, El Paso could seek to seize the right of way through an eminent domain case in civil court. And right-of-way procedures are spelled out for government-owned land.
But because the Navajo tribe is its own nation, El Paso has no recourse through existing law to force a price.
This is precisely what will happen if the Akaka Bill is passed and the newly formed Native Hawaiian government becomes its own sovereign entity, on par with Indian Tribes. Thus there is no way of knowing how much the new government would want for an easement for the fixed rail project to service the Leeward side of the island, for example. If some of the federal lands and ceded lands to be “negotiated” are then handed to the Native Hawaiian government then this is a likely scenario.
Just one of the many “unintended consequences” that might result from the Akaka Bill. And no one can know just how much money this is going to end up costing the state and the counties.
Read the article on the El Paso Corp. pipeline negotiations here.