) With promises of money and jobs spilling out of four-color public relations pamphlets, WESCO courted the Navajo Tribal Council. Supported by Tribal Chairman Peter MacDonald, the company worked its way through the Navajo Tribal Council offices, the Burnham Chapter house, and the halls of Congress. Neither the company nor MacDonald, however, could sell the coal gasification complex to the Burnham people or the Navajo Tribal Council. On August 24, 1976, about 75 Burnham residents occupied the Navajo Tribal Council headquarters in an attempt to express their reasons for opposing the gasification complex. The next day, 18 Burnham people were arrested by the Navajo police and charged with unlawful assembly. A year later, the 18 were cleared of their charges. MacDonald, regardless of Burnham sentiment, retained an interest in coal gasification, and was active in lobbying for HR 12112, the forerunner of President Carter's synfuels bill. In a May 28, 1976, letter to the House of Representatives, the majority of the Navajo Tribal Council expressed their opposition to MacDonald's actions: "We have recently read where Peter MacDonald, Chairman of the Navajo Tribal Council supported the proposed legislation HR 12112, to provide federal loan guarantees for synfuels, specifically coal gasification. Evidently Mr: MacDonald would have you believe that this is the official position of the Navajo Tribe. "We as elected officials of the Navajo Nation have serious reservations concerning any federal loan guarantees that will hasten the exploitation of our resources for quick cash and nominal job opportunities. We do not believe that large-scale energy development of this type would be as beneficial to the Navajo people as some would have us believe. "While the people of the Burnham and Shiprock areas, who would be most directly impacted by the proposed synfuels developments, have passed resolutions against coal gasification and exJuly 1980 RAIN Page 1 panded stripmining, there is, as yet, no official position of the Navajo Tribe. Until the full Navajo Tribal Council considers these proposals, we, the undersigned, as members of the Navajo Tribal Council, stand opposed to HR 12112." The letter was signed by 41 council mei:nbers. In February of 1978, Burnham residents and the National Indian Youth Council hired the Albuquerque law firm of Leubben, Hughes and Kelly to initiate litigation against the U.S. government to stop the mining. Paleontologists hired by Consolidation had uncovered the skeletal remains of two dinosaurs at the site, and legal action was taken based on the National Environmental Policy Act, the National Historic Preservation Act, and the Historic Archeological Data Preservation Act. Attorney John Kelly charged the Secretary of Interior, who had approved the leases, with violation of these acts. In November of 1978, Consolidation Coal and El Paso Natural Gas (now known as CONPASO) intervened in the suit and became defendants. The case was heard by Judge Santiago Campos in Santa Fe, NM, early this year, and the Burnham people, CONPASO and the lawyers have been awaiting a decision. CONPASO remained relatively quiet until early this year. In January, a "Pre Blast" survey was undertaken by the company. In a_ complaint issued April 21, Burnham residents stated that "many local residents are concerned about company employees who have often entered property and 'structures of individuals without their . knowledge or permission when they were not at home. Pictures have been taken without their knowledge or consent." The company hopes to assess the current situation of Burnham homes to protect itself from any damage suits being filed as a result of dynamiting the area. While this was going on, rumors of a coal gasification complex resurfaced as the Council of Energy Resource Tribes (headed by Peter MacDonald) announced "what may become the U.S ': first operating 'synfuels' facility ... the Indian contribution (to the National Energy Policy).... " What the Council of Energy Resource Tribes (CERT) was talking about was a coal gasification complex on the Crow reservation in Montana, currently in the advanced stages of planning. It appeared that Peter MacDonald was not about to be outdone. In the March 24 issue of Business Week, CERT outlined a plan for "What Indians Hope to Build." The article includes plans for a coal gasification complex on the Navajo reservation. According to Business Week, the Flour Corporation, the construction firm which made coal gasification possible in South Africa (the SASOL plants), is now involved in the project and also has interests in the Crow gasification complex. Business Week also notes that the "feasibility study" on the Navajo plants is completed, a surprise to both Burnham residents and their attorneys. Meanwhile, back at Burnham, company and tribal police prowl the area, protecting the Consolidation colony. Telephone calls are cut off at the discretion of police officials, persons coming in and out of the are« are harrassed, and spotlights focused on the "Commission on Whiteman Affairs Camp" make it look like daytime in the middle of the night. Judge Campos recently ruled in favor of Consolidation Coal. Burnham residents responded by filing an appeal. As of this writing the confrontation is at a standstill, and the Indian people are asking for reinforcements. Ironically, in the Department of Energy report on Synfuels, the agency identified "local resistance" and "community opposition" as "the major impediment to a large-scale synfuels industry." It appears that the DOE, President Carter and Peter MacDonald are getting a taste of the opposition. Neither the Burnham residents nor their supporters intend to move. O Winona La Duke is a founder of Women of All Red Nations and a member of the Black Hills Alliance (see interview in Feb.IMar. '80 RAIN). Currently she is working against uranium mining and synfuels development in New Mexico.
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