Montana bison killing ground in dispute

This undated recent aerial photo from the Montana State Library shows shows an area of a Westmoreland Energy coal mine near Sarpy Creek in eastern Montana. The graphics, added by the library, show the general area of excavation, framed in red, and a bison bone pile, framed in yellow. When the coal company dug up a huge bison killing grounds on the Crow Indian Reservation with a backhoe to make way for mining, investigators determined the damage violated federal law and would cost $10 million to repair, documents show. But nothing happened - no fines, no repairs and no compensation. (Montana State Library via AP)
This undated recent aerial photo from the Montana State Library shows shows an area of a Westmoreland Energy coal mine near Sarpy Creek in eastern Montana. The graphics, added by the library, show the general area of excavation, framed in red, and a bison bone pile, framed in yellow. When the coal company dug up a huge bison killing grounds on the Crow Indian Reservation with a backhoe to make way for mining, investigators determined the damage violated federal law and would cost $10 million to repair, documents show. But nothing happened - no fines, no repairs and no compensation. (Montana State Library via AP)

SARPY CREEK, Montana -- When a coal company contractor working under federal oversight used a backhoe to dig up one of the largest known American Indian bison killing grounds and make way for mining, investigators concluded the damage on the Crow Indian Reservation broke federal law and would cost $10 million to repair, according to documents obtained by The Associated Press.

Eight years later, Colorado-based Westmoreland Coal has not made the repairs and is still mining in the area, under an agreement with former Crow leaders that some tribal members said has caused more damage to a site considered hallowed ground.

The U.S. Bureau of Indian Affairs issued a civil violation notice in the case last year, according to agency spokeswoman Genevieve Giaccardo. A Westmoreland executive said no penalty was involved. No charges were filed by federal prosecutors who investigated potential criminal violations.

Burton Pretty On Top, a 73-year-old tribal adviser and spiritual leader, and other Crow members said they were frustrated no one had been held accountable for "desecrating" the 2,000-year-old southeastern Montana site. It held countless bison bones and more than 3,300 stone tools and projectile points in an area known as Sarpy Creek.

"It was a shrine or temple to us," Pretty On Top said. "We wanted to preserve the whole area ... No amount of money in the world is enough to replace what has been lost here. The spirituality of our people has been broken."

[GALLERY: Montana’s ancient bison killing grounds » arkansasonline.com/1110bison/]

The mining company plans to repair the damage but has not reached agreement with the tribe and government on how that should be done, said Westmoreland executive Joe Micheletti.

Crow Chairman Alvin "A.J." Not Afraid said the tribe, too, bears responsibility, for signing off when Westmoreland first proposed excavating the site a decade ago. The mine generates about $13 million to $15 million annually in revenue for the Crow, which makes up the bulk of the tribe's budget, Not Afraid said.

"How can we hold them accountable when we approved them to do something?" he asked.

The large number of artifacts found suggest various tribes killed bison there for centuries before the Crow arrived -- butchering animals for meat and turning the hides into clothing, according to experts who examined the site. The number of bison bones found makes it the largest kill site of its time ever discovered, said Lawrence Todd, an archaeologist from Colorado State University who participated in the investigation.

"The magnitude of the destruction done there, from the perspective of the archaeology of the northwest Plains, is probably unprecedented," Todd said.

Since the investigation, Westmoreland has mined around the killing ground while avoiding the massive "bonebed" of more than 2,000 bison.

Tribal officials and archaeologists said the company compounded the original damage by destroying nearby artifacts including teepee rings and the remnants of a sweat lodge. Pretty On Top said some of the bones excavated in 2011 were piled in a heap, with grass growing over it, when he recently visited.

The excavation was part of a cultural resources survey required under federal law before the mine could expand onto the reservation. The use of a backhoe instead of hand shovels saved the company money but largely destroyed the site, documents and interviews show.

A Crow cultural official later convicted in a corruption case oversaw the work. At least two Interior Department officials, took part in the decision to use the backhoe, according to the documents obtained by AP and interviews with investigators.

The agency, which must protect the tribe's interests under federal law, declined to answer questions about its involvement. Giaccardo said the matter was under litigation but would not provide details. Micheletti and tribal officials said they were unaware of any litigation.

Neither the company nor government would release the violation notice or the company's repair plan.

Former Crow Chairman Darrin Old Coyote said the company originally planned to mine the entire area and warned the tribe that it would lose revenue if it avoided the killing ground. Old Coyote said that after the 2011 excavation work, his administration insisted on a buffer zone to protect the site from further damage.

A preliminary survey in 2004 and 2005 revealed artifacts at the site and suggested more might lie beneath the ground. It was enough for it to be considered eligible for a historic designation and meant further damage had to be avoided, minimized or mitigated.

A Section on 11/10/2019

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