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Grand Traverse Band of Ottawa and Chippewa Indians Seeks Revision of Tower and Kleber Hydroelectric Project EA

Strategic Insights

— 1 min read

The Grand Traverse Band of Ottawa and Chippewa Indians (GTB) has submitted a comment letter to the Federal Energy Regulatory Commission (FERC) regarding the environmental assessment (EA) for the Tower and Kleber Hydroelectric Project. The GTB expresses concerns that the EA fails to adequately address several critical issues, including tribal sovereignty, treaty rights, and protection of culturally significant resources.

Key Takeaways:

  • The EA fails to meet the legal standard for government-to-government consultation with the GTB, a federally recognized Tribal Nation, as required by Executive Order 13175 and FERC's own policy.
  • The EA does not adequately consider the implications of the 1836 Treaty of Washington and the 2007 Inland Consent Decree, which guarantee GTB tribal citizen's rights to hunt, fish, and gather within the 1836 ceded territory.
  • The EA fails to propose meaningful measures to restore or mitigate the adverse effects of inundation caused by the project on Tower Falls and Shanty Falls, which are potentially eligible for listing in the National Register of Historic Places as Traditional Cultural Properties (TCPs).
  • The EA concludes that the project is "not likely to adversely affect" federally listed species, such as the northern long-eared bat and eastern massasauga rattlesnake, but this determination is not supported by robust consultation, cumulative impact analysis, or enforceable mitigation measures.
  • The EA does not adequately address the disproportionate and ongoing impact of the project on tribal communities, particularly in terms of the loss of access to culturally significant resources and the continued degradation of sacred sites.

Statistics:

  • 1836: The year the Treaty of Washington was signed, guaranteeing GTB tribal citizen's rights to hunt, fish, and gather within the ceded territory.
  • 27: The number of commenters listed in the documents submitted by the Tower Kleber Limited Partnership.
  • 5: The number of pages in the letter submitted by the GTB to the FERC.
  • May 15, 2025: The date the FERC issued the EA for the Tower and Kleber Hydroelectric Project.
  • 2007: The year the Inland Consent Decree was signed.

Sources:

  • Grand Traverse Band of Ottawa and Chippewa Indians - Comments on Environmental Assessment for Tower and Kleber Hydroelectric Project (FERC Project No. 10615-058)
  • Executive Order 13175 (2000)
  • Federal Energy Regulatory Commission (FERC) Policy on Consultation with Indian Tribes (2019)
  • National Historic Preservation Act (NHPA) Section 106
  • Endangered Species Act (ESA) Section 7

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