Clara Caufield
Northern Cheyenne scored major victories in coal agreements
By Clara Caufield
A Cheyenne Voice PART V As summarized in the first parts of this series, in about two decades (spanning the early 1960’s to 1977), the Northern Cheyenne Tribe achieved major victories related to area coal development: getting major and bad-for-the-Tribe coal leases on the Reservation canceled by Congress; winning a Supreme Court case (Hollowbreast) clarifying that the Tribe is sole owner of Reservation mineral rights, and in 1977 becoming the first entity in America to secure Class 1 Air Quality from the Environmental Protection Agency. Gaining Class 1 Air put the Tribe in a very influential position related to massive coal and energy development then being pursued in nearby Colstrip by the Montana Power Company, other corporate partners and investors and its wholly owned subsidiary, the Western Energy Coal Mine. “We knew that industry would not ‘roll over’ easily,” said Dennis Limberhand, then a Tribal Council member. Thus, the Tribe and other parties pursued litigation relating to Colstrip electrical power generation Units 3 & 4. (Units 1 & 2 then were substantially finished.) The litigants included the Northern Cheyenne Tribe vs. U.S. Environmental Protection Agency; Nance Cattle Company, et al. vs. EPA; Puget Sound Power and Light Company, et al., vs. E.P.A. and Northern Cheyenne Tribe and Northern Plains Resource Council, all lending leverage to the Northern Cheyenne. “We had to get their attention,” Dennis Limberhand recalled. Other key tribal players included Tribal President Allen “Chuggy” Rowland, Edwin Dahle, Council member, later Tribal President and Llevando “Cowboy” Fisher. The Tribe’s primary objectives were to secure employment opportunities for tribal members, protection of the Tribe’s Class 1 Air and money to address impacts and educational opportunity. “I thought we could develop a trained workforce for the day when the Cheyenne might develop our own coal,” Edwin Dahle, major tribal coal activist of the day and future Tribal President, often said. He and other tribal representatives entered into a series of tough negotiations with industry representatives, including MPC Board Chairman, Presidents of Pacific Power and Light, Portland General Electric Company and Washington Power Company. “We weren’t sure if we could win everything, but knew we had them over the barrel,” Limberhand noted. “It was not our goal to shut the project down, but to gain employment and education opportunities for our tribal members, justifiable costs to address the impacts and recognition that the Tribe was a legitimate player in area coal development.” The Tribe won. And industry did not lose. “It was the right thing to do,” noted John Williams, key MPC Administrator. “Though it was hard for many people on our end to accept, the agreement with the Tribe has been good for both parties.” The Agreement finalized and implemented in 1980 was negotiated to “resolve difference between the (Colstrip Power) project with the Northern Cheyenne and to improve relations between the Project and the Northern Cheyenne so that both parties benefit from units 3 and 4.” As Carrie Braine says “it was a one-of-a-kind agreement, unusual and innovative at the time. It was a fox and hen house idea, but once we got there, we became the enforcers, not just crossing our fingers, she remarked, a former TERO (tribal employment rights officer) administrator/liaison for the Agreement. “If you were a strong-hearted Cheyenne at the time, you stood with the Tribe. Our history required some people to go with industry,” she says. “But, situations can change.” The following provisions of the MPC/NCT agreement are cited directly from the Agreement. 1. Preference in the employment of Indians: Indians residing on or near the Cheyenne Reservation would receive preference for employment during construction of Units 3 & 4 in Colstrip, those who could reasonably be expected to commute to Colstrip on a daily basis, thereby preventing an influx of outsiders. Primary contractors, Bechtel and other subcontractors would be required to comply as would the various trade unions a result of additional tribal negotiations to provide Indians with on-the-job training opportunities. In order to accomplish this vision, tribal member, Dennis Limberhand, specifically referenced by name in the Agreement was hired to help the companies and unions implement the preference policy and training. That came about when the power companies asked, “Who will get that job done? How will we do it?” Edwin Dahle, key tribal negotiator said, “Let Dennis (Limberhand) do it. He’ll get it done.” That resulted in Dennis being specifically named in the Agreement. “I will never forget that,” Limberhand remembered. “It made me humble and I decided to do my best.” Looking back, his best was more than good enough. 2. Bechtel Training and Employment Program During Construction: Bechtel agreed to implement a comprehensive job training and employment program in conjunction with the various craft unions. The training program started in February, 1980. Once again, Limberhand was the key tribal person who helped implement that. Though he says, “It was at times like wrestling a wild cat.” Yet, he accomplished that task. “Not sure how, mostly it was a good faith effort but sometimes, both sides backed up to the wall. It was tough, sometimes to get through to them. But, Edwin and the Tribe always backed me up.” 3. Montana Power Scholarship During Operation of Colstrip Units 1, 2, 3 and 4: The Colstrip Project established a full-ride scholarship program for Northern Cheyenne pursuing college degrees related to energy development, averaging two students each year. The scholarship goes on to this day which has enabled about 100 tribal members to gain college degrees and employment. Since 1980, some of the first recipients are now retired, with excellent benefits. Yet, as some tribal educational leaders note, the Tribe must still develop more upper management folks. “What would it have been like, if since 1884, we had developed key management people in charge of our destiny? We have not done, that,” says that key Cheyenne educator, posing a new challenge. 4. Bus/Transportation Services: The project implemented and still runs a bus service running from the Reservation to Colstrip for Cheyenne who work at the Colstrip complex. That was once very necessary to the Cheyenne who were poor at the beginning, but now most of them have new 4-wheel drive pickups (about $40,000 a pop) which they drive to work. 5. Ambient Monitoring Program: Under this provision, three air monitoring stations were established on the Reservation, then and still funded by the Project, at no cost to the Northern Cheyenne Tribe, the locations mutually agreed upon. The monitoring stations collect data about SO2, NOx, total suspended particulates, trace metals and also visibility monitoring to comply with EPA requirements. The project also installed state-of-the-art scrubber systems at the electrical power generation units and continues to do so. (Look for more detail about this critical air monitoring program in the future.) 6. Cheyenne Western Bank: MPC agreed to purchase stock in a local bank, partially owned then by the Northern Cheyenne Tribe and to make a $25,000 deposit held there for 5 years, an investment to help that relatively small local enterprise. 7. Impact Assistance: MPC set-aside funds for community relations for the Tribe or reservation projects, still in effect today, very helpful to the Cheyenne community. 8. Law Enforcement: The coal project owners contributed $50,000 for five years running to the Northern Cheyenne Tribe to offset the additional burdens placed upon the Reservation during construction of Colstrip Units 3 and 4. 9. Planning Funds: MPC provided the Tribe with $25,000 for three years in a row to conduct community planning and to pursue additional impact funding, those efforts actively supported by the Colstrip Project. Most tribal applications were successful, generating funds for community projects funded by groups such as the Montana Coal Board, key funder of coal related impacts, supported by coal tax revenues. 10. Administrators: Four representatives (2 from industry and 2 from the Tribe) are appointed to oversee the agreement, meeting quarterly to oversee the implementation and report back to their respective organizations. This effort continues today. 11: Binding Arbitration: Both parties agreed that disputes related to the Agreement would be resolved by Montana law and arbitration process. So far, this has not been necessary. 12. Dismissal of Litigation: As a result of the negotiated Agreement, the Colstrip principals and Tribe agreed to dismiss all related litigation. (Clara Caufield can be reached at acheyennevoice@gmail.com) Copyright permission Native Sun News
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