Wind energy in Indian country: a study of the challenges and opportunities facing South Dakota tribes

South Dakota Law Review, Fall, 2009 by Patrick M. Garry, Candice J. Spurlin, Derek A. Nelsen

(4.) Haukaas, Wind Farm, supra note 2, at 8 ("The objectives of the project are to develop a self-sustainable business on the reservation to foster jobs primarily and to create maximum economic development benefits to the [Rosebud Sioux Tribe] and its members without the [T]ribe assuming any economic risk.").

(5.) Id. at 16 (stating there would be between "20-40 temporary jobs [created] during the construction" phase of the project with an impact of approximately "$3-4 million"). This economic boost has also been recognized as having an extremely beneficial impact on a community with per capita income under $8,000 per year. Id.

(6.) Wind power revenues are often generated by charging per kilowatt hour (kWh). The greater the capacity of a wind production facility the more revenues will be produced. Wind power facilities can range from producing less than I megawatt (MW) to over 1,000 MWs annually.

(7.) See Haukaas, Wind Farm, supra note 2, at 6.

(8.) See Mustafa P. Ostrander, Wind Power: A Lawyer's Guide to Representing Landowners, 16 Bus. L. TODAY 24 (2007).

(9.) See infra Part III.

(10.) Native American Interview: Robert Gough, Intertribal Council on Utility Policy (COUP) (2004), http://www.windpoweringamerica.gov/filter detail.asp?itemid=764.

(11.) Ronald H. Rosenberg, Diversifying America's Energy Future: The Future of Renewable Wind Power, 26 VA. ENVTL. L.J. 505, 519 (2008). "Tribal land encompasses ninety-six million acres, much of which possesses excellent wind resources[.]" Id. at 520.

(12.) Gough, supra note 10. "The Northern Great Plains reservations have more than 200 gigawatts of clean wind energy potential." Id.

(13.) See Haukaas, Wind Farm, supra note 2, at 2. The Rosebud Sioux Tribe has approximately 26,000 members who reside on over one million acres of reservation land in South Central South Dakota. Id.

(14.) Interview with Ken Haukaas, Rosebud Sioux Tribe, in St. Francis, S.D. (Oct. 17, 2008).

(15.) Haukaas, Wind Farm, supra note 2, at 16.

(16.) See id. Attachment C at 20 (stating "some impacts to ... avian and bat species [were] expected to occur" but measures could be taken to mitigate such occurrences).

(17.) See id. Attachment C at 24 (concluding "[n]o impacts to cultural resources are expected form [sic] the proposed action"). See also id. Attachment B at 1. The purpose of the cultural evaluation was to "gather information on the possible cultural or religious significance of the site." Id. This evaluation was conducted by interviewing tribal elders who were familiar with the planned site location in a "confidential and private" manner. Id.

(18.) See Haukaas, Wind Farm, supra note 2, at 3.

(19.) Id.

(20.) Haukaas, Wind Farm, supra note 2, at 4. The initial cost for the project was approximately $37 million in April 2003. Id. At the time of filing his findings, Ken Haukaas estimated that the cost had grown to about $54 million. Id. This huge increase was the result of the weakening dollar and the jump in demand for wind power equipment. Id.

(21.) See Matthew L. Wald, Wind Energy Bumps into Power Grid's Limits, N.Y. TIMES, Aug. 27, 2008, at Al.