Interior Finally Releases Guidance for Review of Tribal Wind and Solar Projects

9/2/2026

WASHINGTON, D.C.  –  Indian Tribes interested in developing wind and solar projects on Tribal lands finally got some clarity from the Department of the Interior on the review process for those projects.  More than one year ago, on July 15, 2025, Interior released an internal memorandum requiring all wind and solar projects on Tribal lands to be reviewed by Interior’s Office of the Secretary.  The memorandum included 69 specific actions for the Secretary to review and did not provide any indication on how long the process would take or the standard of review.  The memorandum was issued under President Trump’s Executive Order No. 14315, entitled “Ending Market Distorting Subsidies for Unreliable, Foreign-Controlled Energy Sources.”

Even though Interior has a Trust Responsibility to support the development of Tribal resources for the benefit of Indian Tribes, under the memorandum, Indian Tribes and their partners could not determine if wind and solar projects would ever get approved.  The uncertainty created by the memorandum froze most wind and solar development on Tribal lands.  The memorandum is available here.

On July 30, 2026, Interior released two National Policy Memoranda that provide more insight into the process, but also set out new requirements that are not included in the regulations.  The Memoranda are entitled “Guidance on Actions Relating to Wind and Solar Projects,” available here, and “Guidance on National Environmental Policy Act (NEPA) Routing Framework Relating to Wind and Solar Projects,” available here.  The Memoranda provide guidance on the role that specific officials will have in the review process and the information required to be submitted.  

The Memoranda provide some insight into the wind and solar review process, but the process still ends with elevated review by the Office of the Secretary.  For a well-developed project, Indian Tribes may be able to use the Memoranda to create a foundation for efficient review by the Secretary.  However, more information is needed about the standard of review that the Secretary will apply and how Interior can create new requirements that are not included in the regulations.  The Secretary’s standard of review must include Interior’s Trust Responsibility to support development of Tribal resources for the benefit of Indian Tribes.

Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country.  Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients.  To learn more about how we can assist you, contact us at info@skenandorewilson.com or 608-608-1210.