Wind energy lease doesn’t make Council agenda

BY LINDSEY BARK
Reporter
09/19/2016 04:00 PM
Main Cherokee Phoenix
Tribal Councilor Bryan Warner, right, reads a resolution regarding the Cherokee Nation’s membership to the National Congress of American Indians at a Sept. 12 Tribal Council meeting in Tahlequah, Oklahoma. LINDSEY BARK/CHEROKEE PHOENIX
Main Cherokee Phoenix
Tribal Councilor David Walkingstick, middle, talks about the resolution for Cherokee Nation to support the Standing Rock Sioux Tribe’s fight against the Dakota Access Pipeline in North Dakota during the Sept. 12 Tribal Council meeting. LINDSEY BARK/CHEROKEE PHOENIX
TAHLEQUAH, Okla. – Six Tribal Councilors voted against adding to the agenda a resolution authorizing a wind resource lease agreement between the Cherokee Nation and Chilocco Wind Farm LLC. Despite passing the legislation an hour earlier in a reconvened Rules Committee meeting, the measure failed to get a two-thirds vote during the Sept. 12 Tribal Council meeting.

With Tribal Councilors Harley Buzzard and Rex Jordan absent, Tribal Councilors David Walkingstick, Dick Lay, Jack Baker, Shawn Crittenden, Don Garvin and Buel Anglen voted against adding the wind farm legislation to the agenda.

According to the resolution, the Tribal Council had previously authorized Cherokee Nation Businesses to obtain “grant funding to support feasibility studies as to the development of wind energy within the jurisdiction of the Cherokee Nation.” It also states that it would be “economically advantageous” for CN to create wind energy resources in Kay County on its Chilocco trust property.

“We’re looking for alternative energy,” Tribal Council Speaker Joe Byrd said. “It’s on the heels of the Dakota pipeline issue where we protect our land, we protect our resources.”

Byrd said some Tribal Councilors were not in favor of building a wind farm in the Chilocco area and wanted to keep the land untouched.

“After a few years, it will be a mess to clean up,” Garvin said. “We’re trying to protect our land, and I don’t think that’s good use for the our land. I think (we should) leave it like it is, try to be good neighbors to the people (that live) up there around it.”

The legislation also calls for a limited waiver of sovereign immunity if the entity seeking to bring suit against the CN is Chilocco Wind Farm LLC or its successors or assigns; the claim is for breach of contract and seeks only actual or liquidated damages, including attorney fees, resulting from the Nation’s noncompliance with the Wind Resource Lease Agreement; and that any action can only be brought in the United States for the Northern District of Oklahoma.

The resolution is slated to be on the October agenda because it passed the Rules Committee.

However, Tribal Councilors did pass a resolution supporting the Standing Rock Sioux Tribe’s protest against the Dakota Access Pipeline in North Dakota.

The resolution states the Standing Rock people have an “inherent right” to protect their lands, historic and sacred sites, natural resources, drinking water and families from “this potentially dangerous pipeline.”
“The good thing is, is Indian Country is coming together and we are many. Together we are strong,” Walkingstick said.

Tribal Councilors also authorized the development of a three-year plan for Public Law 102-477 activities that includes the Workforce Innovation and Opportunity Act programs, the Child Care and Development Block Grant program, the Job Placement and Training program, the Adult Education Program and the Self-Governance Vocational program. The tribe’s current plan expires Sept. 30.

Legislators also amended the fiscal year 2016 comprehensive operating budget by adding $2.1 million for an authority of $684.8 million. The increase stems from grants received and increases in the General Fund, Department of Interior-Self Governance, Indian Health Service-Self Governance and Native American Housing Assistance and Self-Determination Act budgets.

Legislators approved the tribe’s $277.7 million capital and $656.4 million operating budgets for FY 2017 with only Tribal Councilor Shawn Crittenden voting no.

“There’s some good things, some really good things in here,” Crittenden said. “I said I’m going to give it a year and I’m going to see my roadblocks. Like I said, there’s good things in here, and I’m confident in the year to come that some of those we can work together to get through those roadblocks. I promise myself I’d do that and I feel confident in the year to come. I’m going to say no on this.”

Tribal Councilors also authorized the CN as a National Congress of American Indians member with Principal Chief Bill John Baker as the designated representative. In his absence, he would appoint one of 42 people as an alternate delegate, which includes Deputy Chief S. Joe Crittenden, all 17 Tribal Councilors and various CN officials.
About the Author
lindsey-bark@cherokee.org • 918-772-4223
Lindsey Bark grew up and resides in the Tagg Flats community in Delaware County. She graduated from Northeastern State University in 2012 with a bachelor’s degree in mass communication, emphasizing in journalism. She started working for the Cherokee Phoenix in 2016. Working for the Cherokee Phoenix, Lindsey hopes to ...

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