Opinion: A clean energy opportunity under the Buy Indian Act

Tuesday, February 15, 2011  

"The application of an often-overlooked federal law may ensure that green energy investment stays in our economy, while at the same time fulfilling the government’s obligation to Native American tribes.

The Buy Indian Act (BIA) was introduced in 1910 as a way to promote the employment of American Indians and the sale of American Indian-made products. The BIA operates much like the Buy American Act, with a priority given to “the products of Indian industry.” The law directs prime contractors to use their best efforts to give Indian organizations and Indian-owned economic enterprises the “maximum practicable opportunity” to participate in subcontracts that it awards, and to do so to the fullest extent consistent with efficient performance of the contract.

The Energy Policy Act of 2005 authorized federal agencies to provide a preference for the purchase of any energy product or byproduct from a business entity that is majority-owned by an Indian tribe. Solar power generated by a tribal venture qualifies as one of these products, as do solar panels created by a majority Indian-owned company.

It took Congress until 1976 to adopt a procurement policy pursuant to the BIA. In 1982, Congress finally affirmed the procurement policy provided in 1976, but only as to labor on federal road construction projects. Largely due to stops implemented by the Bush, Sr. Administration, Congress twice failed to pass amendments to strengthen the BIA and has failed to evoke the law beyond road construction."

Get the Story:
Ryan D. Dreveskracht: The US Clean Energy Economy: Buy Indian (Solar Novus Today 2/15)