IF YOUR TIME IS SHORT
Renewable energy and the transition away from fossil fuels is a key issue for the Arizona Corporation Commission. In a recent debate, Republican candidate Nick Myers said that neither the state or utility rate-payers should compensate the Navajo Nation for the closing of a large coal-fired power plant near Page, Arizona.
“It’s not the job of the rate-payers in Arizona to get into foreign aid,” Myers said in the Sept. 12 debate on Arizona PBS. “If you’re talking about tribal lands, foreign aid comes under the federal government.”
Federal aid to tribal governments is not foreign aid.
Although the Navajo Nation has “nation” in its name, it’s not considered a foreign government. The Supreme Court rulings of Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832) defined tribal nations as “domestic dependent nations.” That applies to the 574 federally-recognized Native American tribes in the United States.
The land of the Navajo Nation was originally inhabited by the indigenous Navajo. The American government took it away, and established the current reservation boundaries.
Through congressional acts such as the Indian Self-Determination and Education Act of 1975, federally recognized tribes are able to exercise greater sovereignty in their governmental affairs. The federal government provides some support for education, health and social services.
The budgets of the State Department and the Interior Department for 2023 show the Interior Department has a dedicated Indian Affairs section. The State Department budget has no programs for tribal nations.
Myers told PolitiFact that the National Congress of American Indians, an organization aimed at ensuring the rights of tribes, “seems to be proud of being independent, federally recognized nations.” He added that the State Department says “they are responsible for making U.S. payments to international organizations.”
Neither fact makes tribal groups eligible for foreign aid.
In November 2019, the coal-fired power plant known as the Navajo Generating Station near Page, Arizona, and the Kayenta mine that provided the coal for the plant permanently closed. The closure impacted the surrounding community and the Navajo Nation, costing hundreds of jobs and millions of dollars in lost revenue.
The Arizona Corporation Commission held several meetings where residents from the Navajo Nation and neighboring Hopi Nation called for assistance to help transition to renewable energy and for economic recovery. No decision has been made, and the new members of the Arizona Corporation Commission are expected to face this issue in the future as other coal-fired power plants near the Navajo Nation are expected to close.
Myers said that financial assistance given to tribal nations falls under “foreign aid” which “comes under the federal government.”
The U.S. Supreme Court and the federal laws define 574 federally recognized tribal nations as “domestic dependent nations.” Federal money for tribal governments mainly flows through the U.S. Interior Department and is not classified as foreign aid.
We rate this claim Pants on Fire.