Caroline Griffith, NEC Executive Director
In rather quick succession in early March, three North Coast tribal councils announced opposition to offshore wind development. The November 2023 resolution passed by the leadership of the Tolowa Dee-ni’ nation slipped under the radar of many groups until the more high-profile announcement by the Yurok Tribe on March 6, which was quickly followed by an announcement by the Bear River Rancheria.
According to the statement from the Yurok Tribal Council, “Last month, the National Congress of American Indians (NCAI), the largest national organization of tribal governments, issued a resolution asking the Biden administration to suspend all scoping and permitting of offshore wind projects until the ‘completion of a comprehensive and transparent procedure adequately protecting tribal environmental and sovereign interests is developed and implemented.’” All three tribes referenced the NCAI resolution in their statements, specifically quoting this section.
All three tribal statements cited concerns about lack of scientific research on the impacts of the 900 foot tall turbines and floating platforms that have been proposed. The statement from the Bear River Rancheria went further and included concerns about, “the development of a massive Harbor, the effects to marine life from the subsea transmission cables and the effects [of] over land transmission lines to the habitats of endangered/protected species such as the Humboldt Martin and Snowy Plover, just to name a couple.” It went on to state, “The Tribal Council is deeply concerned with the potential effects of these projects on marine life in the ocean off our coast as well as the effects to the Estuaries of the Eel and Mattole Rivers.”
According to the announcement from the Tolowa Dee-ni’, “Climate change threatens indigenous peoples’ livelihoods and economies. Its impacts are projected to be especially critical for the 574 federally recognized tribes in the United States that depend on traditional places, foods, and lifestyles. Observed and future impacts from climate change threaten access to traditional foods, marine foods offer sustenance as well as cultural, economic, medicinal, and community health for future Tolowa Dee-ni’ generations. The Tolowa Dee-ni’ Nation often works proactively with a variety of partners to integrate traditional knowledge with technology tools and diverse research methods. However, institutional barriers still exist in some important areas. Barriers include limited access to our traditional territories and limitations of existing policies, programs, and funding that account for the unique conditions of indigenous communities.”
It continues, “The offshore wind energy project lacks tribal involvement and research. It lacks studies or research about the environmental impacts these windmills will have on our ocean floor and marine species. The Federal government has a legal obligation to consult with Tribal Nations on any activities that may affect their lands and resources. We ask the administration to incorporate the essential value of tribal co-stewardship, co-decision-making, and co-management of traditional tribal lands and waters. Incorporating Tolowa Dee-ni’ Nation’s Traditional Ecological Knowledge through co-management of Tribal Lands and associated life forms is critical to protecting the environment for years to come.”
The resolution passed by the Tolowa Dee-ni’ Council on November 9 refers to a September 2023 Bureau of Ocean Energy Management (BOEM) Intergovernmental Task Force meeting in which attendees “asked about environmental impacts and the impacts on different species. The responses varied but pointed to ongoing studies and plans to follow up…The studies and assessments of such impacts should be done prior to the leases to properly address environmental concerns and should be completed in conjunction with tribal involvement and/or out of the local tribal research.”
It goes on to resolve, “The Tolowa Dee-ni’ Tribal Council opposes offshore wind projects until there is shared tribal jurisdictional authority over, and tribal management of, offshore renewable energy activities aimed at empowering Native communities through socio-economic benefits such as job opportunities, revenue sharing and support for tribal energy development projects.” The full resolution can be found on the Tolowa Dee-ni’ Nation’s website.
The Tolowa Dee-ni’ Nation’s ancestral territory is bisected by the Oregon-California border (although that border is not recognized by the Nation) and includes much of so-called Curry, Josephine and Del Norte Counties. In August 2023, BOEM announced it had identified two offshore Wind Energy Areas (WEA) off the Oregon coast for public review.
A formal resolution from the Yurok Tribe is expected to be forthcoming. The Yurok Tribe is the largest recognized tribe in the state of California. As stated in the statement released by the tribe, “The federal government has not recognized the Yurok Tribe’s unceded ocean territory or its sovereign authority to determine whether and how this territory should be developed.” The Tribe recently hosted a two-day conference on offshore wind development which featured representatives from East Coast tribes speaking about their experiences so far with offshore wind development in their ancestral territories. Those representatives expressed concerns with how the process had unfolded so far, particularly in regards to protecting spiritual sites and tribal lands.
The Bear River Rancheria is one of 44 tribes terminated in 1958 by a Congressional Act known as the California Rancheria Act. It regained federal recognition in 1983 through a class-action lawsuit known as the Tillie-Hardwick case.
Meanwhile, contrary to our reporting in the March issue of EcoNews that a lease between the Humboldt Bay Harbor District and Crowley Wind Services, LLC was imminent, it now appears that Crowley will be letting its Exclusive Right to Negotiate expire. Ever since the proposed partnership to develop the heavy-lift marine terminal to service the offshore wind industry was announced, many advocates had expressed concerns about the environmental and human rights track record of the developer, and about the prospect of signing a lease before the environmental review process was done. Although Crowley is letting the agreement expire without signing a lease, it is still maintaining an office in Eureka. The Harbor District is still working on studies for the wind terminal Draft Environmental Impact Report and may be releasing another request for qualifications in the future for a port developer.