MCA response to OPG Proposed Settlement Agreement and BPA memorandum of agreement comparison

 


Akwesasne, ONTARIO — The Mohawk Council of Akwesasne issued the following statement in response to a May 30, 2008 press release about the proposed MCA/OPG Final Settlement Agreement. The release attempted to make a comparison between the Proposed OPG Final Settlement Agreement and a Memorandum of Agreement between the Bonneville Power Authority (BPA) and the people of the Yakama, Warm Springs, Umatilla and Colville Territories.

The May 30th release provided information that needed to be clarified. The first is that the BPA Memorandum of Agreement is not a land claim settlement and does not contain an “up front payment of $900 million to any Tribe or Band.” The BPA Agreement is a resource management plan worth $648 million over ten years.

 In addition, there are a number of “agreement-specific” items that prevent a direct comparison to be made between the BPA Memorandum of Agreement and the OPG Proposed Settlement Agreement:


 In May 2008, the Columbia Basin Fish Accords Memorandum of Agreement was signed between Three Treaty Tribes and the Federal Columbia River Power System (FCRPS) Action Agencies. The FCRPS Action Agencies are the U.S. Army Corps of Engineers, the Bureau of Reclamation and the Bonneville Power Authority, all federal agencies.

 The OPG Proposed Settlement Agreement does not include federal agencies.

The purpose of BPA’s Memorandum of Agreement is to address the impacts on the fishery in the Columbia River Basin.

The Basin covers an area of about 258,000 square miles and includes the states of Idaho, Oregon, Washington, small portions of neighboring states, as well as large portions of British Columbia.


 The OPG Proposed Settlement has fewer stakeholders and a smaller claim area.

The BPA Memorandum of Agreement contains development provisions that include navigation, nuclear power generation, nuclear weapons research and production, irrigation and flood control, all which tend to run contrary to ecological conservation.

 The OPG Proposed Settlement Agreement addresses past grievances, does not consent to any major development and establishes environmental stewardship

The Columbia River is the largest hydroelectric power producing river in North America with fourteen hydroelectric dams all federally administered. The BPA Memorandum of Agreement addresses the operation of all fourteen hydro dams.


 The OPG Proposed Settlement is specific to the construction and operation of the R. H. Saunders Generating Station

The 2008 Columbia Basin Fish Accords MOA is actually a large ten year resource management plan intended to bring the management of the Columbia River system into compliance with the Endangered Species Act, the Pacific Northwest Electric Act, and the Clean Water Act. The funding base for the work is estimated to be in the order of $648 million dollars, over a ten year period and is indexed for inflation. It has no provisions for compensation monies to the Tribes and Bands. About 65% of the total monies will be spent on capital projects and the remainder on targeted programs, some of which will be conducted through the Tribes and Bands of that area, as well as scientific studies.


 The OPG Proposed Settlement Agreement is just that, a settlement agreement that address past grievances and contains benefits specific to the Mohawks of Akwesasne. It includes monetary compensation (with $20,363,520 up front and $2,560,000 each year for ten years), the transfer of four islands, a strategy for employment and contracting, environmental stewardship, protection of aboriginal title and rights, and other provisions.

The BPA Memorandum of Agreement contains a release clause for an agreement by the signatories to not sue the federal authorities operating the dams for ten years.

 The OPG Proposed Settlement Agreement  protects our claims against the Government of Canada for the construction, operation and maintenance of the St. Lawrence Seaway, including the highway and bridge facilities that cross Kawehnoke. It also protects claims against the Government of Ontario and its Ministries, the United States Government, the State of New York, the New York Power Authority, or any other person or entity asserting proprietary interest in human remains and cultural artifacts from Sheek Island.

The Mohawk Council of Akwesasne urges eligible voters to read the Proposed Settlement Agreement with the Ontario Power Generation and to make an informed decision on June 14th.  Polls will be open from 9am to 6pm at the St. Regis Recreation Center, Tri District Elders Lodge and the Snye Recreation Center.

 

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