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2000s-Present

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The first decades of the twenty-first century were highly contentious for the Crow Tribe in terms of energy development, as the Tribe faced significant fluctuations in governance, finances, and energy policies. These changes were driven by several factors, including a national decline in coal usage, shifting levels of emphasis on and interference with Tribal sovereignty, and evolving regulations.

Tribal governance in the early 2000s was particularly contentious, largely due to the shifts in leadership and the new constitution. In May 2000, Clara Nomee was defeated and Clifford Bird In Ground was elected the new tribal chairmen, who ran on reforming the tribal constitution. Over the course of the next year, a committee proposed several amendments and changes to the constitution. More importantly, the new constitution which passed with some controversy in June 2001, implemented a three-branch government, replacing the general Tribal council Relative to coal, many of the tribal members who supported the new constitution did so, as scholar Kelly Branam described, to make the Tribe  "more “business-like” and attract economic development to the reservation." (Branam, 152) Several new ventures in the following decade validated that push, especially as federal policy shifted away from direct involvement in Tribal energy management. 

During the early and mid 2000s, Congress passed acts and regulations that built on those from the 1980s and 1990s. In particular, Congress sought to step back from administrative duties in relation to the development of tribal energy resources, especially through the Indian Energy Title (2003) and the Indian Tribal Energy and Development and Self-Determination Act (2005). These legislations had some detractors and uneven implementation, however, Congress's general intention was to return much of the oversight of mineral development to Tribes to streamline the process and reduce federal involvement, including at Crow. This included the Indian Coal Production Tax Credit, which gave coal mines on Indigenous land a significant tax break. 

During this period, the tribe negotiated new agreements with both the state of Montana and outside energy groups. For example, in 2010, the tribe settled on a new Water Compact with the state of Montana. Several years later, the tribe also reached an agreement with the state over the long-disputed coal severance tax. Other agreements included an extended lease for Westmoreland in 2004. A few projects in the early-mid 2000s received some support and initial approval from tribal government, but then were not implemented, such as the Barrett coal methane plan or the Many Stars project.

Controversy marked the start of the 2010s. In 2011, a Westmoreland contractor bulldozed an archaeology site at Sarpy Creek filled with bison bones and human artifacts. Six years before, 2005, Westmoreland discovered a large bison kill site in a planned expansion of the Absaloka coal mine. The coal company hired a contractor to excavate the site, with permission from the federal government's Office of Surface Mining and the Tribal Historical Preservation Office. That contractor excavated the site and then several years later used a backhoe to plow the vast majority of the site into a dirt pile. The permits to do so had expired in the previous year. The Tribal Historic Preservation Officer at the time, Dale Old Horn, would later claim to news reports that any historical significance of the bones and other artifacts had already been discovered and that the bulldozed materials were extraneous, and that he had no power to approve plans, merely make recommendations. Old Horn would later be convicted in 2014 of double-billing consultation services in federal court. Many Tribal members viewed Westmoreland's bulldozing of the site as a desecration that violated consultation laws.  

The move angered many Tribal members and for some, it marked a troubled period for Tribal energy. For example, in the same year as the Sarpy site destruction, the Many Stars project stalled, with lawsuits and counter-suits filed, before being shelved in 2012. Over the next several years, outside companies negotiated with the tribe to start several other ventures, like the Cloud Peak Energy Big Metal Mine or the SSA marine port deal, but the companies struggled to implement the projects, due in large part to fluctuating global energy markets and politics. 

Over the course of the 2010s, the tribal government experienced significant monetary challenges, like when it was forced to furlough employees in 2016, in part because of falling coal prices resulting in lower severance taxes. Westmoreland itself reported financial difficulties and the Tribe agree to cut severance tax amounts in 2017 when the energy company threatened to close the mine entirely. Despite the severance tax cuts, Westmoreland filed for bankruptcy the following year and Cloud Peak followed in 2019. Although Westmoreland clawed its way out of bankruptcy, the company's profits continued to fall over the next few years.

In April 2024, Westmoreland's Apsaloka mine lost its last coal buyer and has not yet found, as of May 2024, found new buyers for its coal. While the future of the mine is uncertain and it looks unlikely that it will be revived at all, to say nothing to previous production levels. In response to the climate crisis and the severe decline of coal, Apsáalooke elders and youth leaders implemented energy justice pilot programs to train youth leaders and investigate and implement clean energy initiatives. Many difficulties with energy sourcing and tax structures remain in relation to energy production and economic justice for the Apsáalooke Tribe but dedicated elders and youth leaders are working to implement a bright future for the Apsáalooke people. 

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  1. Detailed History Kerri Clement

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