The Nation

Tribal Report of the Northern Cheyenne Nation (August/September 2006 Vol. I No. 9)

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Tongue River Casino Environmental Assessment Meeting Held

■ Forum held for N.C. Tribal members and landowners.

 

Zoe Miller [HKM Engineering, Inc.]

      On July 26, a Public Information Meeting was held for the Tongue River Casino Environmental Assessment.  The purpose of this meeting was to inform members of the public, including landowners near the casino site, about the proposed project, answer questions, and receive public comment.  The meeting was an open house format, with displays and information sheets available for public review and project staff on hand to answer questions.  Twenty people attended the meeting.  Project staff attending the meeting included Jason Woodside, a business development consultant to the Northern Cheyenne Tribe; Michael Mason, the Tribe's economic development attorney; Rick Stefanic from the Bureau of Indian Affairs; and Rich Schilf and Zoe Miller from HKM Engineering.

 

      At the meeting, attendees asked how the project was planned and financed, what kind of gaming would be allowed, about provision of emergency services, how water would be provided for the site and wastewater treated, and whether alcohol would be served.  These issues have been addressed in the Environmental Assessment for the proposed project as well as in the Tribe's Class III Gaming Compact.

      The Environmental Assessment process is proceeding forward.  Though the document is nearly complete, the Project Team is currently awaiting comments from the Department of the Interior in Washington, D.C.  The Project Team has been awaiting these comments since late spring, but has been told that we should anticipate receiving them this month.   Please look for a summary of the process to date in the next paper.

 

Tribal Report of the Northern Cheyenne Nation (August/September 2006 Vol. I No. 9), page 3.

 Re-elect Norma Bixby for House District 41, State Elections

■ Northern Cheyenne Candidate prioritizes Tribal Water, Indian Education, and other Tribally Specific Issues

 

Norma Bixby

      This will be my fourth and final term as the House Representative in the Montana State Legislature. I would like to get re-elected as there is still work to be done, especially now that the Northern Cheyenne Tribe is considered a State with their water standards.  We need to assure that our water is protected as coal bed methane development moves forward along the Tongue River and the Rosebud Creek area.  Water coming from Wyoming has seriously impacted the quality of water in the Tongue River which not only impacts the Northern Cheyenne Nation but the irrigators down the river towards Miles City.  In addition the amount of water flowing in the Tongue has also been a concern that needs to be addressed at the governmental level between the two States.    Water quality and quantity is a must because these seriously impact the health and well being of individuals I represent in House District 41.   It is imperative to assure that development is done right.

      Regulations and reclamation are still priorities of mine to assure that any development that occurs will not impede on landowners rights and the rights of their neighbors and to make sure the Montana taxpayer do not pick up the tab for reclamation once the development is completed and the energy companies have left.  The bill that was submitted by the 790 Committee to the Environmental Quality Council still needs work to include surface use agreements and reclamation.  Landowners who have split estates must have an avenue and process in State law to protect them when the mineral owners want to develop their minerals.

 

      Education is another priority.  The State Legislature must fund our schools to assure a quality education is provided to all children without raising taxes.  I worked hard to assure that all children would receive a quality education and funding that would be based on educationally relevant factors that include the state standards, Indian education for all, special education, children at risk and the special unique needs of children, such as students who are LEP. I will continue this work in the next session and support funding for full time kindergarten based on parent choice.  Kindergarten is important, but it should not be mandatory. Parents know if their child is ready to attend kindergarten and should have that choice to send their child or not.

      It is important to have a Tribal member in the legislature.  There are so many bills that come before the legislature and some do impact the Tribes.  As a tribal member I know Tribal issues and I can help stop or improve a piece of legislation.  As a Tribal member, I am aware of the other issues that are important to other constituents in the district and on some issues we can work together to get some legislation that will assist both Indian and non- Indians. As the representative from such a diverse district, I have been able to represent the Northern Cheyenne, Crow and the non-Indians and I would like to have the opportunity to continue this working relationship to not only assist House District 41 but all of Montana with issues and laws that are fair and that will move our State forward, Government to Government.

 

Tribal Report of the Northern Cheyenne Nation (August/September 2006 Vol. I No. 9), page 3.

The Big Push for Coal/CBM Development

A concerned Tribal member shares Coal/CBM Development Issues that Northern Cheyennes should consider before pushing for any development.

 

Ben Bahr

      There are many critical factors to consider before Coal/CBM development, which our people need to know before signing agreements with any corporation(s) to develop our natural resource base.  Today, coal, oil, and natural gas account for approximately 70% of US energy generated, however development of coal, oil, and gas are not a way to sustain life, it is “not sustainable.” It will not last, only the hills, mountains, and rocks live long!

      Scientists and other experts think it will be approximately 20 years until renewable energy makes a significant contribution.  Their strategic plan is to not wait for renewable energy, but put Indian natural resources into coal gasification and petroleum development. However for our Tribe, renewable energy, such as wind, solar, agriculture, forest management, water development, food crops, cogeneration, and integrated industries should be developed.

      If CBM/Coal is going to be developed, it should with “limited responsible development.” This is called “sustainable development” with a tribal perspective!  If we are to develop CBM, then let’s do it in a limited fashion and responsibly! Do not allow “Fly by Night” companies to do it for us. We must know a companies background, track record, debts, investments/stocks, etc.,  and allow the EDA committee and tribal membership a voice in the decision making process! It’s only right and proper to allow this due process!

      We the people are the Tribe, not the Tribal Council! There needs to be a moratorium on any further actions taken in regards to CBM/Coal development, which is a legally authorized delay in CBM/Coal development until environmental assessments and public hearings take place.

      The Fischer Tropsch Process (FTP), which is supported by Governor Schweitzer and The FutureGen Alliance, is a public-private organization made up of world’s largest coal companies and the nation’s largest utility companies, has four of these companies operating here in the Powder River Basin! This Alliance, along with DOE, leading universities, international organizations, and other government agencies is proposing is an old German technology, which gasifies coal into liquid fuels, such as hydrogen, ethanol, biodiesel, and other fuels.  This process is very costly and inefficient, which leaves strip mining as the cheapest and the only cost effective method to extract coal! Therefore, the reservation coal would have to be strip-mined! (Please check www.futuregenalliance.org.)

      For the next 20 years, there will be a continuing “Big Push” to develop domestic energy in coal and other hydrocarbon resources, such as CBM.  We see this happening already. In fact, the BLM and other federal agencies have been given a directive from President Bush to mitigate and lessen the obstacles to coal/oil/CBM development on federal lands, including Indian reservations. Most of our current tribal leaders and department directors most likely do not know and have not taken it upon themselves to learn and inform the rest of the tribal membership of the imminent impacts to our most valuable resources! It seems CBM is more important than water, which sustains our way of life. Within 20 years CBM/Coal companies will be dwindling, and new forms of energy will emerge!

      In addition, the Energy Policy Act of 2005 (Public Law 109-58) has Indian Provisions that can be detrimental to tribal sovereignty and self-determination. Furthermore, there are several provisions of the new Energy Policy Act that will have significant impact on tribal lands and communities and potentially on tribal sovereignty interests.

      Land Consolidation Advocates should be aware. Just a few examples of the assault on Tribal Sovereignty that have become full-blown in recent years are the following; attempts by energy corporations to do away with tribal consent on rights of way across our lands; the sale of federal lands that are within our boundaries; the condemnation of native owned allotted lands for “public purposes;” the passage of a federal probate code that determines who else can inherit individual trust land, rather than Tribal Nations making this determination.

      We must truly rise up in unison to defend our sovereign rights. We can ask: Why not exercise negotiated rulemaking in lieu of the charade of “tribal consultation” that is now taking place? This process is an appropriate government to government process.  We can ask: Why not use tribal land consolidation plans and tribal resource management plans, now authorized by the Indian Land Consolidation Act and the American Indian Agricultural & Resource Management Act, to write the regulations and codes that dictate transactions within our borders? We can ask: Why not reference tribal probate codes that determine who inherits trust land rather than federal codes that aid fee patents and eventually lead to further land loss?  These questions explore tribal models and programs that are leading the way to sovereign restoration and proper use and management of our homelands. We invite you to participate with us, the Indian Land Working Group Board. Please check www.indianlandtenure.org.

 

      This is the rationale:  During this point in time of hydrocarbon development in the US, economic infrastructure is heavily reliant and ingrained in coal/petroleum development and increasing reliance on oil imports to fuel the nation.  The reliance is projected to continue rising. Scientists and other experts backed by the “FutureGen Alliance,” project that most coal mine operations will be dwindling by 2020, which will be around the time that renewable energy matures and their promising benefits arrive to world.

      Renewable energy sources approximately account for 15-20% of the energy in the US, they are on the rise, and expected to replace and/or reduce much of the pollutants that contribute to greenhouse gases and ozone depleting chemicals.  Renewable energies such as trees, crops, and solid waste (trash) are the feedstock to produce fiber, sugars, and fuels, which are then further processed to produce items such as plastics, biodiesel, and ethanol.

      Our people must prepare for the future with a combination of renewable energy development, and limited development of CBM/Coal resources!  Some governments and institutions have already developed strategic plans for the future!   We can and should create our own “Alliance of Regional Tribal Nations,” so we will have a voice and receive fair market value in the development of our resources!

      Hydrogen can also be produced from Biomass Gasification and Electrolysis of water with fuel cells, and can be based on zero emissions also! Biomass can also be co-fired with coal to reduce pollution. CO2 can be used for growing kelp and other marine plants

      Coal is being promoted as the answer, however, if we are to develop coal/CBM, further research needs to be done since strip mining is not feasible in terms of sustainability and responsibility to the environment and violates indigenous principles.

      The type of coal in our region (CNF & NC reservation) is “high in sodium,” without a market for it, or “a railroad” in place to get it to market, nor is there a “transmission pipeline” in place to transport the CBM to market, or to our buildings and homes, which will need to be redone for gas for heating and cooking. Have potential developers promised water protection? How will the water be treated, will it be discharged into the river, re-injected back into the drinking water aquifers, or used for water development and agriculture?

      How will we be able to redesign our tribal water infrastructure with unhealthy water? Will the developer be responsible to cover the costs of water treatment facilities? How many wells do we have on the reservation and how many are deep water wells? How many free-flowing wells and springs will dry up? Who will carry the costs of compensating well owners and other damages to surface and ground water, loss of habitat, animals, insects, fish, recreation, etc? Will the Tribe and landowners be responsible, or the developer be responsible for damages and costs? Current water wells will turn into gas wells, water tables are predicted to drop up to 700 feet in the PR Basin, which will turn into one big gas field! Who is really going to benefit from CBM/Coal development? Us or them?  Who will get how much money: $25 or $50 million will only last a few years and then be gone. At what expense will our children experience? There are other ways to make money!

      Ten years after the wells are abandoned and the developers are gone, disruptions to our lands, water, habitat, etc., and other resources will continue to be affected for nearly 100 years!  (E.g. ARCO Exploration.) Although aquifers may nearly replenish themselves in 80-100 years, depletion of our natural resource base will not lead to a sustainable future for our children and culture! The CBM will be gone, but the coal should remain! There are many unanswered questions that need to be addressed yet, before we sign any type of agreements or vote to develop a resource that few know about.

      CBM and Coal development will produce lasting irreversible impacts to our economical, environmental, and cultural resources, which will lessen our ability to govern our lands and resources.  Our sovereignty, the future of our children, and the integrity of our proud indigenous nation, based on the visions, wisdom, and knowledge of our great leaders and the “old ones” will be compromised!

      A good plan would be to buy adjacent lands from private land owners, construct a few CBM wells on the newly acquired land to power tribal agricultural/sawmill facilities, integrated manufacturing industry, surrounding homes, and develop tribal ownership our own energy and communication infrastructures.  This will truly be a tribal strategic response to using or losing our CBM resources.  CBM can be siphoned out from under us up to 14 miles away, so we should counter with a good strategic plan and develop some non-Indian’s land. Our renewable energy projects, resources, and energy infrastructures should be a priority as well as tribally owned. We need to provide energy services for our own people and transition to tribal ownership, rather than allowing local utilities to provide the services at high prices. With the combination of available energy resources, whether renewable or non-renewable should be developed, responsible development can be a road to successful sustainable development. It is not wise to rely on one or two products to generate tribal income and to recover production costs. Industry and income must be diversified.  This is very possible and can be done. I am not against development and not an environmentalist, but if development is going to happen it needs to be done responsibly. Our children and old ones are relying on us!

Nea’eše

 

Tribal Report of the Northern Cheyenne Nation (August/September 2006 Vol. I No. 9), page 3.

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