Mohawk Nation Council of Chiefs

August 17, 2004

Honorable Patrick H. Wood, Chairman
Federal Energy Regulatory Commission
888 First Street, NE
Washington, DC 20426

Senator Hillary Rodham Clinton
476 Russell Senate Office Building
Washington, DC 20510

Senator Charles E. Shumer
313 Hart Senate Office Building
Washington, DC 20510

Representative John E. Sweeny
416 Cannon House Office Building
Washington, DC 20515

Representative Michael R. McNulty
2210 Rayburn House Office Building
Washington, DC 20515

Re: Green Island Power Authority Application for Preliminary Permit—Cohoes Falls Project No. 12522

Greetings:

We hope this letter finds you in good health and spirits. The Mohawk Nation Council of Chiefs (Mohawk Nation) writes today in regards to the application for a preliminary permit for the Cohoes Falls Hydroelectric Project that was filed on July 19, 2004 with the Federal Energy Regulatory Commission (FERC) by the Green Island Power Authority (GIPA). We note that U.S. Senators Clinton and Schumer and U.S. Representatives Sweeny and McNulty submitted a letter to Chairman Patrick Wood dated June 11, 2004 endorsing GIPA’s proposed project.

We are dismayed that this sacred site of cultural and historic significance to the Mohawk Nation and the Haudenosaunee Confederacy has been granted a preliminary permit without consultation with the Mohawk Nation and the Haudenosaunee Confederacy. GIPA’s, in its preliminary permit application, indicated that there are no known Indian Tribes located within the area affected by their proposed project. Their proposed schedule for studies reflects only consultation with state and federal agencies and no Tribal consultation appears to be contemplated. However, the Mohawk Nation believes that this project does require Tribal consultation pursuant to Section 106 of the National Historic Preservation Act, to ensure that our interests are understood and protected.

Cohoes Falls played a very significant role in the formation of the Haudenosaunee Confederacy, which was originally composed of the Mohawk, Oneida, Onondaga, Cayuga, and Seneca Nations. The Tuscarora joined later, around 1714, to make the Confederacy Six nations strong.

Cohoes Falls continues to play a significant role in our culture. Cohoes Falls is an historic and sacred site for the Haudenosaunee (People of the Longhouse). The Peacemaker brought his Good Message to the Mohawk people at a time when the Mohawk and the other Haudenosaunee Nations were warring amongst each other. It was at Cohoes falls that the Peacemaker’s message was tested and when he survived the steep fall, the Mohawks accepted the truth of his message. Once the Mohawks accepted his message of peace, it led the way for the other Nations to join in forming the Haudenosaunee Confederacy under the Great Law of Peace.

Today people of the Mohawk Nation, as well as, others of the Haudenosaunee Confederacy make regular visits to the falls to give thanks and recount the message of peace given to the Haudenosaunee. At present we view the Cohoes Falls on lands owned by Erie Boulevard Hydropower, LP, with the owner’s permission, on the east side of Cohoes Falls.

We have multiple concerns. We are concerned because the area our people visit is in proximity to the new powerhouse facility proposed by GIPA, which may negatively impact our access and the aesthetics of Cohoes Falls. Any project of this nature in the location proposed or in its proximity would desecrate an area where the Haudenosaunee pay homage to the Peacemaker. Even the studies that GIPA proposed to conduct in its preliminary permit proposal could cause unacceptable impacts to this area.

Therefore, the Mohawk Nation Council of Chiefs hereby strongly opposes the GIPA preliminary permit and recommends that FERC deny GIPA the preliminary permit it has requested. In addition, the Mohawk Nation seeks pursuant to Section 106 of the National Historic Preservation Act to be consulted on this and other projects that may impact Cohoes Falls. If we can be of further assistance, please do not hesitate to contact us.

Signed by the Mohawk Nation Chiefs.

Website updated: Sept. 2004