Little Traverse Bay Bands of Odawa Indians Request FERC Consultation on Boyne River Hydroelectric Project

Strategic Insights -

The Little Traverse Bay Bands of Odawa Indians (LTBB) have submitted a consultation request to the Federal Energy Regulatory Commission (FERC) regarding the re-licensing of the Boyne River Hydroelectric Project. The project, located within the 1836 Ceded Territory, directly impacts treaty-reserved rights of the LTBB, including hunting, fishing, and gathering. The project's effects on the Boyne River's fish population, particularly coldwater species such as Pacific salmon and steelhead, are of particular concern to the LTBB.

Key Takeaways:

  • The Boyne River Hydroelectric Project is situated within the 1836 Ceded Territory, which has treaty-reserved rights for the LTBB, including hunting, fishing, and gathering.
  • The project's impact on the Boyne River's fish population, including coldwater species, is of significant concern to the LTBB.
  • LTBB citizens have historically fished in the Boyne River, particularly during spawning migrations of Pacific salmon and steelhead.
  • The project's FLA failed to accurately document instances of erosion and mass soil movement, rendering the application incomplete.
  • LTBB is requesting an independent third-party study to determine the safety of the dam.
  • The project's access restrictions have infringed upon LTBB treaty rights for over 40 years.
  • Mismanagement of the dam has led to high turbidity and withholding of water, further degrading the fishery for LTBB citizens.

Statistics:

  • The Boyne River is one of the ten most utilized waterbodies by LTBB citizens, as reported in a recent survey.
  • The project has been in operation for over 40 years, during which time LTBB treaty rights have been infringed upon due to access restrictions.
  • The Boyne River Hydroelectric Project has experienced instances of mass soil movement and erosion on both the downstream and upstream sides of the dam.
  • The project's FLA reported two instances of erosion, but the LTBB has identified further signs of erosion and mass soil movement that were not documented.

Sources:

  • Little Traverse Bay Bands of Odawa Indians Natural Resource Department, document submitted to FERC on May 5th, 2025.
  • United States v. Michigan (WD MI Case 2: 73 CV 26), 2023 Great Lakes Consent Decree, and 2007 Inland Consent Decree.
  • Moore v. Sanborne, 2 Mich. 519, 523-24 (Mich. 1853).
  • J.E. Tiffany and Sons, LLC, Final License Application (FLA) for the Boyne River Hydroelectric Project.