Tallgrass Institute Releases Tribal Benefit Agreements Report
New research from Tallgrass Institute and Lepwe Inc., Tribal Benefit Agreements: Designing for Sovereignty provides essential context and considerations for Tribal Benefit Agreements (TBAs) that respect self-determination and provide benefits in accordance with Native Peoples’ own goals.
The report – written by Kate R. Finn, Maranda Compton, and Melanie Matteliano, and produced with generous support from the 11th Hour Project – examines the complex legal and historical landscapes surrounding TBAs, gives key context for project development in the U.S., describes patterns and trends in the current uses, and shares best practices for companies and Tribes to support positive outcomes in negotiations and in agreements.
As calls for partnerships with Indigenous Peoples on development projects increase — whether for energy and infrastructure development, or from land and resource usage – Tribal Benefit Agreements: Designing for Sovereignty provides companies and Tribes a critical overview to initiate, negotiate, and complete equitable and right-based agreement design.
From the authors:
“Tribal Benefit Agreements have become increasingly utilized in the U.S. Yet many successes and their mechanics remain unknown. This report brings together available data and new interviews towards pathways that ensure Tribes have decision-making authority and full participation in agreements that align with sovereignty.” –Kate R. Finn, Founder and Executive Director, Tallgrass Institute
"Although it is becoming common practice for companies to negotiate directly with Tribes, a stronger understanding within the private sector of Tribal sovereignty and the history of shifting U.S. Indian policy is needed. Only through the appropriate contextual lens can Tribal Nations and private entities craft agreements that understand and design for the unique differences, historical precedents, and innovations and opportunities that private-Tribal partnerships provide. In this report, we have gathered the key context and guiding principles that will aid Tribal Benefit Agreement designers.” –Maranda Compton, Founder, Lepwe Inc.
“Our research participants were aware of many more agreements with Tribal entities than what is available when searching public data. In the U.S., it is rare for agreements to be announced publicly or for the entirety of their contents to be published. This report makes available agreement parameters, insights, and expertise where little has been collated.” –Melanie Matteliano, Research Manager, Tallgrass Institute