PAGE 2 FEBRUARY 24, 1978
(Continued from Page 1)
BPA And Tribes Agree On Right-Of-Way
feet to accommodate a 500,000
volt double-circuit transmission
line, to be known as the Slatt-
Marion Line.
The south corridor, or Mau
pin-Detroit Line, is 28.9 miles
long and uses 958.2 acres of
reservation land. The Tribes
may elect before January 1,1990
to have BPA Continue use of the
transmission lines on a perma
nent basis or remove the facili
ties by 2010, returning the right-
of-way to the Tribes.
If the Tribes request that the
south corridor be vacated, then
BPA, depending on determined
energy needs, may expand the
north corridor by not more than
240 additional feet with added
compensation for right-of-way
and tim ber lost. If the Tribes
choose to let the BPA remain in
the south corridor permanently
then the additional transmission
facilities would be constructed
there and right-of-way require
ments in the north corridor
would be reduced accordingly.
By purchasing right-of-way
through the reservation, the
BPA is acquiring the right to
remove tim ber and construct
facilities. BPA would also have
the right to build access roads,
and maintain, repair and inspect
facilities.
This is only an easement.
The Tribes would retain owner
ship of the land and the right to
occupy and use the land in any
way that would not interfere
with the power lines.
An unusual agreement
What makes the agreement
between the Tribes and the BPA
unusual is the method of acqui
sition and the linanner or pay
ment. Normally the BPA, an
agency of the federal govern
ment, would receive land by
condemnation (or the right of
eminent domain). The land-
owner would be compensated at
the fair m arket value of the
land. The two existing corridors
were acquired in this way.
The Tribal Council approved
the south corridor on May 1,
1950, for which the Tribes re
ceived a flat $31,357.51. Eighteen
years later, on April 8, 1968, the
Tribal Council approved the
north corridor, of which only 2.9
miles were on the reservation.
(When the McQuinn Strip was
returned, 12.9 miles of line fell
within reservation boundaries).
For the north corridor, the
Tribes received $195,000.
If the widening of this cor
ridor had been accomplished on
the same basis, the Tribes would
have received only the appraised
value of the land, or about
$365,000. An offer similar to this
was made by the BPA and
rejected by the Council in 1976.
The base figure of $4.5 mil
lion arose from a theory applied
by Tribal attorney Dennis Kar-
nopp. Using the successful logic
of the recent Round Butte Dam
settlement, Karnopp suggested
that the Tribes should receive
half of the co st difference be
tween the Slatt-Marion route
and the next best alternative. It
had been estimated by the BPA
that going around the reserva
tion or expanding the south cor
ridor would cost $9 million more
than widening the north corri
dor. Half the saving of taking
this northern route through the
reservation, or $4.5 million,
should go to the Tribes, main
tained Karnopp.
Hodel’s October 1977 pro
posal reflected this figure. Staff
assistant Babbey, who was a
liaison between the Tribes and
the BPA through their negoti
ations, credited Hodel with the
turn in events that made the
Tribal request acceptable. Ho
del, he said, preferred communi
cation with the Tribes on a
governmental basis rather than
exercising simple condemna
tion. As Hodel pointed out in his
October letter to the Council, the
proposed agreement would en
courage the Tribes and BPA to
plan together in the future.
A note of urgency accom
panied the BPA’s proposal since
delay was causing costs to rise.
According to Chairman Gene
Greene, the Council felt some
pressure too, in the knowledge
that, with the upcoming change
in administration, the BPA could
at any time opt for an alternate
route or condemnation with less
or no m onetary benefit to the
Tribes.
But the Tribal Council delib
erated until its January 11 reso
lution. As Greene noted, “ The
Tribal Council debated for many
hours - it was not a snap
decision.”
The new BPA adm inistra
tion under Sterling Munro ap
parently shares Hodel’s cooper
ative stance. Chairman Greene
noted that the proposed agree
ment with BPA is a “ carry
over” from the precedent estab
lished with the memo of under
standing on fishery enhance
ment signed by BPA and the
Tribes last year. He is optimistic
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ALTERNATE ROUTE A WAS PREFERRED BY BPA AND APPROVED BY COUNCIL
about the Tribes and federal
agencies working together.
Impact oil the-environment
According to BPA’s civil
engineer and construction liai
son Lewis Bohl, surveying for
the Slatt-Marion Line Will begin
as soon as the agreem ent is
signed and weather allows. A
tentative energization date of
1980 has been set.
Bohl will work with the BIA
to determine which trees will be
cut. Some larger trees outside
the right-of-way may need to be
removed because of their poten
tial danger to the power lines,
said Bohl, Although no decision
has been made, Bohl suggested
the possibility that the removed
trees may be sold back to Warm
Springs F orest Products for
milling,
Speaking to'the environmen
tal im pact of the transmission,
lines, Bohl said that the land in
the right-of-way can still be used
for grazing, hunting and certain
recreational activities. Christ
mas Tree farms could be a pos
sible utilization of the land be
neath the lines, Bohl also sug
gested.
The Tribes’ engineering con
sultant Je rry Dibble said that
the lines would be high enough
to pose no danger to people,
animalS or; plants. Two -positive
environmental points of the BPA
agreement, according to Dibble,
would be the BPA’s effort to
conceal the lines from Highway
26 and the restoration of the
range and forest in the south
corridor, if it is vacated. These
details must be worked out for
the final agreement.
Impact on reservation’s future
As Tribal, attorney Panner
noted, of course no amount of
money can truly compensate for
the loss of the land and timber,
but considering the amount of
the settlement there are many
‘‘natural power benefits” in the
land-cash exchange.
The final agreement speci
fies that the Tribes may receive
cash or a combination of cash
and Services from the BPA.
Various options exist and the
Tribal Council has yet to select a
mode of compensation.
General Manager Ken Smith
remarked, “I’m looking beyond
the $4.5 million. I’m looking to
develop the Pelton Re-regulating
Dam for the generation of power
to be used on the reservation.
We don’t know the costs of such
a project yet, but all indications
are that it would he feasible.
“ This would be better for
the reservation because every
one is talking about power costs
and they’re not going to go
down:
“If we can develop a cheap
source of power now it will be a
tremendous asset down the
road.”
Smith favored depositing the
money in a special fund ea r
marked for such a development.
Another possible use of the
money that was referred to in
the BPA proposal is the con
struction of transmission lines
from the Pelton Dam to the
Warm Springs substation and
possibly on to Kah-Nee-Ta. Dib
ble noted that the Tribes may
also opt to extend existing lines
according to an agreement with
Pacific Power and Light which
now serves the reservation.
Few if any people are talk
ing about placing the $4.5 m il
lion in the Tribes’ general fund.
Investing it in the reservation’s
future appears to be a popular
idea.
As Chairman Greene ob
served, “We hope our decision is
in the best interest of the Tribes
- only time will bear this out.”
Other Energy frojects In The Works
On the same day the general
council was informed of the BPA
right-of-way agreement, engi
neering consultant Jerry Dibble
reported to Tribal Council on the
progress of various tribal ener
gy projects.
The prelim inary report on
the feasibility of installing gen
erators in the Pelton Re-regu
lating Dam will be completed in
a month ór so, said Dibble. The
lengthy process of obtaining a
license from the Federal Energy
Regulatory Commission would
follow^ after which time draw-
ings would be prepared and con
tracts awarded. Construction
would take-at least 18 months,
said Dibble.
In other energy news the re
negotiation of the Pelton Dam
contract is progressing, a peti
tion for rent adjustment having
been brought to the Federal
Energy Regulatory Commission
in January. Dibble is still re
searching the exact figure he
will recommend for the rent of
Tribal lands for Pelton Dam, but
said “I would expect to take the
sam e position as I did in the
Round Butte case.” The Tribes
received one-half of the differ
ence between the cost of Round
Butte energy and the next best
energy alternative.
At the mill, two of the three
generators installed last year
are operating, reported Dibble.
The mill is presently burning all
its fuel and PP&L is temporarily
paying 10 mills for each kilowatt
hour of energy left over. A
permanent contract for sale of
power will eventually be negoti
ated: