Resolution 23-153: Opposing offshore wind energy development to protect tribal resources

 

WHEREAS: Under Article VI, Sec. 2 of the Constitution of the Confederated Tribes of Coos Lower Umpqua and Siuslaw Indians of Oregon ("Constitution"), the Tribal Council is authorized to exercise all legislative and executive authority of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians ("Tribe"); and

 

WHEREAS: Under Article VI, Section 4 of the Constitution, all final decisions of the Tribal Council shall be embodied in ordinance or resolution; and

 

WHEREAS: The CTCLUSI government, as stated in the preamble of our constitution, was established to perpetuate and promote our unique identity as tribal citizen members and a sovereign nation; and

 

WHEREAS: The preamble of the Constitution also sets forth our directive to preserve and promote our cultural, religious and historical beliefs as well as promote the social and economic welfare of Tribal citizen members; and

 

WHEREAS: The responsibilities of the Tribe to uphold directives of the Constitution are not static, but find their meaning on a continuum of sovereignty and tradition from time immemorial into the future at least seven generations from today; and

 

WHEREAS: The Ocean, marine resources, including fisheries, and viewsheds are associated with the utmost significance to our cultural identity and intergenerational transference of knowledge; and

 

WHEREAS: The Ocean is a source of life and subsistence for our Tribes; and

 

WHEREAS: The Ocean represents creation of our people and underwater villages of our relations; and

 

WHEREAS: The Tribe nominated large portions of Coos Bay and estuary ("Q'alya to kukwis shichdii me) as a Traditional Cultural Property ("TCP") for listing on the National Register of Historic Places ("Register") and the TCP has been recognized by the State of Oregon and federal agencies as eligible for listing on the Register; and

 

WHEREAS: The Biden—Harris administration adopted a goal of deploying 30 gigawatts of offshore wind energy capacity by 2030; and

 

WHEREAS: On April 27, 2022, the Biden-Harris administration stated their commitment to "supporting a robust clean energy economy, and the upcoming steps taken toward possible leasing off the coast of Oregon..."; and

 

WHEREAS: The Bureau of Ocean Energy Management ("BOEM") mission is "to manage the development of U.S. Outer Continental Shelf ("OCS") energy and mineral resources in an environmentally and economically responsible way"; and

 

WHEREAS: As part of that mission, BOEM is charged with reviewing environmental impacts and developing leasing for the private development of offshore wind energy facilities; and

 

WHEREAS: BOEM has a mandate to "establish meaningful consultation and collaboration with Tribal governments in the development of Federal policies that have tribal implications to strengthen the U.S. Government to Government relationships with Indian Tribes " pursuant to Executive Order 13175; and

 

WHEREAS: BOEM established two potential leasing areas ("Call Areas") on the Oregon Coast, identified as the Coos Bay and Brookings Call Areas, for wind energy development; and

 

WHEREAS: BOEM announced two draft Wind Energy Areas located in the existing Call Areas ("WEAs") within the Coos Bay and Brookings Call Areas, which cover approximately 219,568 acres offshore southern Oregon with their closest points ranging from approximately 18 — 32 miles off the coast; and

 

WHEREAS: On September 30, 2020, the Tribal Council passed Resolution No. 20-084, which called, in part, for the Tribe to understand offshore wind energy development's benefits and/or impacts to the Tribe's interests; and

 

WHEREAS: On June 12, 2022, the Tribal Council withdrew Resolution No. 20-084 and passed Resolution No. 22-087, which expressed the Tribe's "limited support for offshore wind energy development in the Coos Bay and Brookings Call Areas," called upon BOEM "to engage in meaningful government-to-government consultation with the Tribe and to take action to ensure that offshore wind energy development in any area of interest to the Tribe avoids or mitigates impacts to Tribal cultural resources to the satisfaction of the Tribe," and stated that "the Tribe will take all necessary action to oppose BOEM's actions or otherwise ensure that its invaluable cultural resources are protected if BOEM fails to act;" and

 

WHEREAS: The Tribe has provided substantive comments to BOEM urging that the BOEM exclude areas that are important cultural viewsheds for the Tribe, will impact natural resources, including fisheries and access to fishing areas, and may impact the TCP; and

 

WHEREAS: BOEM admitted in its Call Area document that the location of the Call Area "reduces but may not eliminate viewshed concerns" and does not know the impacts of the wind energy development, including transmission lines and related infrastructure, to the TCP; and

 

WHEREAS: The Tribe continues to affirm that it is essential that this new use of offshore wind energy be developed in such a way as to minimize any potential effects to the cultural and natural resources of the Tribe, the ocean environment, and its other responsible ocean users; and

 

WHEREAS: The development of offshore wind energy facilities could have significant impacts to cultural resources, including Tribally-significant viewsheds, archaeological resources on submerged landforms, and the integrity of the TCP, and natural resources along the Coast; and

 

WHEREAS: The development of offshore wind energy facilities could have significant impacts to marine species, including fisheries, and limit access to fishing areas; and

 

WHEREAS: The development of offshore wind energy facilities is linked to expansion of the Port of Coos Bay, which involves extensive dredging that will adversely impact eel grass beds and estuarian cultural resources; and

 

WHEREAS: To date, BOEM has not demonstrated that the leasing and subsequent construction, operation, and decommissioning of wind energy facilities will avoid adverse impacts to Tribal uses and reliance on the Ocean and such development presents a threat to our cultural practices, lifeways and intergenerational transference of knowledge; and

 

WHEREAS: The Tribal Council has a duty and obligation to its members, including our ancestors and those generations to come, to protect the Ocean, its resources, and associated cultural resources and viewsheds; and

 

WHEREAS: BOEM's failure to assure the Tribe that its concerns will be addressed and resources protected leaves the Tribal Council no choice other than to oppose the project and take all necessary action to stop or limit wind energy development; and

 

WHEREAS: The Tribe's opposition of offshore wind energy development does not preclude the Tribe from consulting, engaging, or commenting on any element of offshore wind energy development as the project develops further.

 

THEREFORE, BE IT RESOLVED, that the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians' Tribal Council opposes offshore wind energy development in the Coos Bay and Brookings Wind Energy Areas.

 

BE IT FURTHER RESOLVED, that the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians' Tribal Council finds that BOEM has continually failed to engage in meaningful government-to-government consultation with the Tribe and has failed to ensure that impacts from offshore wind energy development to Tribal cultural resources, including fisheries and viewsheds, are avoided or mitigated to the satisfaction of the Tribe.

 

BE IT FURTHER RESOLVED, that the Tribe will take all necessary action to oppose BOEM's actions or otherwise ensure that its invaluable natural and cultural resources are protected if BOEM fails to act.

 

BE IT FINALLY RESOLVED, Resolution No. 22-087 is repealed.

 

CERTIFICATION: On October 25, 2023, this Resolution was approved at a Tribal Council Meeting held this date, and the vote was:

 

6 FOR

0 AGAINST

0 ABSTAIN

 

Brad Kneaper, Chair

Doug Barrett, Vice-Chair