May 2013 | PAGE 5
CHEYENNE COUNTRY | VOICE OF THE NORTHERN CHEYENNE TRIBE
Section 106 & Historic Preservation A section of the National Historic Preservation Act of 1966 (NHPA) which requires Federal agencies to take into account the effects of their undertakings on historic properties, and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment.
John A. Youngbear/Cheyenne Country
Director of the Tribal Historical Preservation Office for the Northern Cheyenne Tribe moderates the Section 106 conference this past April to discuss the cultural impacts of coal development along the Otter Creek and possible development of the Tongue River Railroad east of the reservation.
Tribal Interests along Route Scrutinized Otter Creek and Tongue River Railroad Impact Cultural Sites
O
fficials met at the Little Wolf Capitol in Lame Deer, Mont., in April to discuss the proposed Tongue River Railroad that would run from the Ashland area to Miles City. The Tongue River Railroad Co. Inc., is owned by billionaire investor Warren Buffett’s Burlington Northern Santa Fe Railway Co., Billionaire candy bar magnet Forrest Mars Jr. and Arch Coal. Mars, a landowner along one of the previous suggested routes fought the railroad for years and in 2011 finally bought one-third of the company. The meeting brought in a handful of differing opinions about the impact it would have on the area drawing supporters and protesters alike. “I think it takes this type of setting and discussion to really come to a resolution.” Tribal Historical Preservation Office Director, Conrad Fisher. The Northern Cheyenne Tribal Historical Preservation Office sponsored the meeting April 16-18 in correspondence with the Surface Transportation Board, who is currently conducting an environmental impact study on the area. This session reflected their keenness to bolstering ties with the affected tribes and landowners and disseminating and gathering information and concerns across the board. The agencies spent the week gathering information on the focal area’s cultural influences and pinpointing any environmental consequences the railroad project may have on the area. Office of Environmental Analysis staff member Catherine Nadals is leading the review on historic preservation. She is also the lead for tribal consultation. Nadals affirmed, “We’ll make certain that we will incorporate your concerns as we
Story by Lenny Smith move forward in this process.” The meeting was attended by representatives from U.S. Army Corps of Engineers, U.S. Bureau of Land Management, U.S. Department of Agriculture, local community members and Tribal Historical Preservation Offices from other reservations. In addition, the Montana Department of Natural Resources and Conservation acted as the lead agency for other Montana state agencies.
T
he railway has been struggling since 1986 to secure a line and have made several recent advances toward construction. In October 2012, the Tongue River Railroad Co. Inc., filed a revised application with the Surface Transportation Board to construct a proposed line from Miles City, Mont., to Ashland, Mont., to transport low sulfur, sub-bituminous coal from proposed mine sites. Because the construction and operation of the project had the potential to result in significant environmental impacts, the Board’s Office of Environmental Analysis had determined that the preparation of an environmental impact statement was needed in February 2013. After review and consideration of all comments received, the final scope of the environmental impact statement will reflect additions and changes and also summarize and address the principal environmental concerns raised by the comments. The final scope report will also explain if and how these issues will be addressed. Concerns deriving from the 83-mile railroad are abundant and were presented during the meetings at the tribal capitol. Ranchers, Native Americans, local businesses, and others opposed to the railroad
in attendance believe that the railroad, which will bisect ranches all along the route, will cut property values, separate pastures from water, spread weeds, and start fires. In addition, the Tongue River valley, which is a habitat for thousands of species of western wildlife and plants, is a cultural mecca, for the local tribal people. The Northern Cheyenne reservation is bordered on the eastern edge by the Tongue River which has historically provided abundant hunting and foraging for the tribe. The area is full of teepee rings, petroglyph’s, battlegrounds, burial sites, and a 2,000 year old bison bone bed. A previous Tongue River Railroad Co., environmental impact statement noted that there were many cultural areas that would be destroyed by the construction of the rail line, important not only to the Northern Cheyenne but also many of the Sioux, Arapaho, Shoshone, and Crow tribes. Other worries include climate changes that the railroad might bring and the damage to the land since coal has been shown to be one of the dirtiest fuel sources on the planet. Backers agree that the railroad has the potential to usher in a dramatic expansion of mining in the state and increase fuel exports to Asia, improving the local economy. Currently, the Northern Cheyenne live in a constant state of poverty with an 80 percent unemployment rate. Many of the communities have no access to a nearby store or gas station. Supporters argue that this could be their opportunity to alleviate any debt and to begin new tribal development projects which will open even more jobs and educational opportunities.
According to BNSF Co., spokeswoman Sue Lundsberg, the proposed route from Miles City to Ashland is TRR’s preferred route because it is the shorter of the suggested routes. It would have less of an impact on the Tongue River Valley, and would affect fewer landowners. In addition, the $490 million line would haul up to 20 million tons annually from a planned mine at the southern end of the Tongue River known as Otter Creek. That’s equal to half of Montana’s current coal production. Economists have projected that the mine and railroad combined could generate almost 2,000 temporary construction jobs and several hundred permanent mining jobs. Lundsberg adds that the routing is subject to change based on survey and engineering work that is required as part of the environmental process. he conference was opened with a welcome from Northern Cheyenne President John Robinson. The agenda consisted of meetings regarding project overviews, methodology, and included a tribal caucus with all of the impacted tribes in attendance. There was also a tour of the project area from Colstrip to Otter Creek. In addition, the Surface Transportation Board encouraged social commentary and responded to any questions and comments that were brought before them during an open discussion. The agenda included a call in number for those who couldn’t make the meeting due to poor weather conditions. The Surface Transportation Board is currently in the process of reviewing the input it received during the scoping process and will issue a Final Scope of Study once it is finished.
T