In a Push for Green Energy, One Federal Agency Made Tribes an Offer They Had to Refuse

The Yakama Nation wanted to consult on the development of a project on sacred land. But when the tribal nation refused to disclose confidential information, the agency moved forward without tribal input.

by B. “Toastie” Oaster, High Country News
Co-published with High Country News

When Yakama Nation leaders learned in 2017 of a plan to tunnel through some of their ancestral land for a green energy development, they were caught off guard.

While the tribal nation had come out in favor of climate-friendly projects, this one appeared poised to damage Pushpum, a privately owned ridgeline overlooking the Columbia River in Washington. The nation holds treaty rights to gather traditional foods there, and tribal officials knew they had to stop the project.

Problems arose when the Federal Energy Regulatory Commission, the agency in charge of permitting hydro energy projects, offered the Yakama Nation what tribal leaders considered an impossible choice: disclose confidential ceremonial, archaeological and cultural knowledge, or waive the right to consult on whether and how the site is developed.

This put the Yakama Nation in a bind. Disclosing exactly what made the land sacred risked revealing to outsiders what they treasured most about it. In the past, disclosure of information about everything from food to archaeological sites enabled non-Natives to loot or otherwise desecrate the land.

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