Choctaw, Chickasaw nations note cultural sites at risk in SEOPC project

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Southeast Oklahoma Power Corporation’s application to build a hydropower plant on the Kiamichi River in Pushmataha County “notes multiple cultural surveys that indicate not only the presence of historic sites” but also “destruction of these sites,” the Choctaw and Chickasaw nations pointed out to the Federal Energy Regulatory Commission (FERC).

The Choctaw Nation’s Oklahoma Historic Preservation Department, with a little research, identified 36 historic archaeological sites, including 14 Choctaw cemeteries and 12 possible 1898 Bureau of Land Management General Land Office structures in or adjacent to the project area, wrote Dr. Ian Thompson, tribal historic preservation officer.

Historic allotment maps “show at least 50%” of SEOPC’s Area of Potential Effect is “located on lands originally allotted to Choctaws,” Thompson said.

In addition, private landowners “were shocked to see a project planned that puts their homes under water,” Choctaw Nation member Megan McBride of Calera wrote in a letter to FERC. “The fact that SEOPC feels they can take land that is not theirs is something that bears a striking resemblance to what our tribe and many other tribes endured when we were forcibly removed from our ancestral homelands to place us in a land, a portion of which this project assumes it can rightfully occupy.”

Deyanne Woods of Clayton wrote that the proposed project would cause “irreversible damage … to our environment” with its water diversions from the Kiamichi River “to disrupting local ecosystems…” SEOPC’s project would destroy habitats, pollute water sources, “and threaten the very existence of wildlife in our region.” Woods asked, “Is the promise of short-term energy gains really worth sacrificing our natural heritage?”

The Tribal Council of the Choctaw Nation of Oklahoma opposes the hydropower project proposed by SEOPC.

“One of our Tribe’s top priorities is defending our sovereignty, which includes protecting our culture and community,” Choctaw Nation Chief Gary Batton wrote. “These efforts include being good stewards of our land and natural resources.”

FERC has recognized it must not issue preliminary permits for projects on Tribal land if a project is opposed by a Tribe “and we call on the agency to adhere to that policy,” Batton wrote.

SEOPC’s project “also runs counter to the historicWater Settlement Agreement between Choctaw Nation of Oklahoma, other Tribes, Oklahoma City and the state of Oklahoma, which is enforceable as a matter of federal law,” Batton reminded FERC.

Additionally, the project would trigger numerous regulations and laws, including the Endangered Species Act, the National Historic Preservation Act and others, Batton said. “It also necessitates extensive studies and meetings with multiple state and federal agencies to fully understand the impact of the project.”

SEOPC’s proposed hydropower project would cover “an enormous area of land” in southeastern Oklahoma, Chickasaw Nation officials noted.

“This area encompasses significant sites with Caddoan occupation of approximately 4,000 years and known sites including mounds, evidence of houses, burials, midden soil deposits and hearths,” wrote Lisa John, secretary of the tribe’s Department of Culture and Humanities.

“This area is significant to the Chickasaw people, as we used the historic trail through this area during our forced Removal from our homeland to what is now Oklahoma.”

John also pointed out that FERC “designated the applicant [SEOPC] to serve as its non-federal representative for purposes of consultations” on the hydropower project.

However, FERC “should recognize the status of the tribes as governmental sovereigns.” Therefore, the licensing process “will benefit by more direct and substantial consultation” between the Chickasaw Nation and FERC itself – not a private company “which may not reasonably be expected to be a neutral arbiter of the concerns the Nation may have.”

Congressman Tom Cole (R-Okla.) is a member of the Chickasaw Nation.