OKMULGEE – Legislation that would have established the Mvskoke Technology and Innovation Park failed to pass the Nov. 15 Muscogee (Creek) Nation National Council Regular Session. NCA 25-077 failed by a 4-11 vote.
Mvskoke citizens and members of the American Indian Movement (AIM) Indian Territory Oklahoma protested outside of the Mound Building before the session, and were present during the vote. The bill would have developed a data center on Looped Square Ranch, an area that is used to sustain Tribal food sovereignty.
The legislation, sponsored by Representative Patrick Freeman Jr. and Representative Robert Hufft, originally passed out of committee by a vote of 8-1 in the Aug. 19 Business, Finance & Justice/Land, Natural Resource & Cultural Preservation joint meeting.
Representative Robyn Whitecloud was the only committee member to vote against the bill’s passage at the time.
The bill was slated to be voted on during the Oct. 25 Quarterly Session, but was postponed until November by a unanimous vote of 14-0.
During the Nov. 15 Regular Session, representatives supporting the bill argued that the data center would create economic diversity for the Tribe. Critics argued the language in the bill was vague, and not transparent enough to explain the full extent of the resources it would take to operate a data center on the Mvskoke Reservation.
During discussion on the bill supportive Reps. argued the data center would have brought jobs to the Mvskoke Reservation. Freeman argued that data centers would provide another strong economic contributor in addition to gaming. In regard to the issue of land stewardship, Freeman said the Tribe knows best how to be a good steward of the Reservation, not outside entities.
“We’d like to say that gaming will be here 15 to 20 years in the future but we don’t know that,” Rep. Freeman said. “I’m worried about the other data centers that come in our jurisdiction that do not have good stewardship of the land.”
Rep. Hufft echoed Freeman’s claims, stating that a tech park was in the best interest of the Nation’s future in case gaming no longer remains a lucrative resource.
“This legislation will strictly designate some land for a tech park. It will allow us to explore opportunities we may need to generate revenue for the Nation.” Rep. Hufft said.
Representative Sandra Golden said that she was not completely against developing a data center on the Reservation, however she believes that more laws need to be put in place to protect the land.
“I know that data centers are a lucrative business right now but in the back of my mind I am thinking ‘all that glitters is not gold’,” Rep. Golden said. “What’s the greater good of all people? I think we have to step back and look at this. We need to put some more laws in place to ensure that if we want to put a data center in place that our land is going to be here forever and be a resource for our people.”
Representative Leonard Gouge and Representative Dode Barnett argued that they did not have all of their questions answered regarding the bill. Representative Mark Randolph described the language in the bill as “vague.” He said that after meeting with constituents in the Koweta District he did not meet any citizens who supported the bill. Rep. Barnett stated that she is not against the development of a data center either, however she believed that NCA 25-077 posed ethical problems due to its lack of transparency.
“This particular legislation has brought out a lot of problems and challenges,” Rep. Barnett said. “It really is glaring why government and business do not mix. There is a reason that our economic arms are independent from the government. Government officials, elected officials, appointed officials should have no place in these business dealings. You can not say you are for the communities, you can not say you are for the people if you are signing NDAs (non-disclosure agreements) that prevent you from talking to your own people that elected you.”
Rep. Barnett’s comments received a round of applause from those in the audience. Rep. Barnett and Rep. Harjo agreed that there were better areas on the reservation to look at for developing a data center other than Looped Square Ranch.
Rep. Freeman, Rep. Huft, along with Representative Anna Marshall and Representative Nelson Harjo Sr. voted for the passage of the bill.
Mvskoke Citizens Voice their Concerns
Data center protest organizers Jordan Harmon (Mvskoke) and Mackenzie Roberts (Mvskoke) made their position clear on the issue: data centers are not in the Tribe’s best interest. Both Harmon and Roberts organized town halls at the College of Muscogee Nation and the Tulsa Creek Indian Community Center. Harmon is frustrated by the missing details that have not been released to the public.
“There’s so many concerns with the lack of transparency during this process,” Harmon said. “We know there’s an NDA (non-disclosure agreement) somewhere, we don’t know who signed it or what it was about, that remains a mystery. They keep telling us they’ve switched firms to consult, but they won’t tell us who they’re working with. I’m finding this to be dishonest. It’s misleading at best. They will try to hide how much water they want to use, they won’t let us know where the water is coming from until the very last possible second when they are applying for permits. We may have to file a FOIA (Freedom of Information Act) Request. That’s what happened in Tulsa with Project Clydesdale and Project Anthem. A lot of people are worried about the strain on the water systems.”
Harmon said data center projects assume that Oklahoma is a water-abundant state that can accommodate facilities that use a lot of water and electricity. In addition to a strain on local resources, Roberts said the impacts could also put a strain on utility and electricity bills for Mvskoke citizens in Okmulgee County.
“For us as Mvskokvlke, I don’t think that (data center) is something we should entertain,” Roberts said. “Even for a rural place (Looped Square Ranch), for the rural citizens around there it would mean a drastic impact on their way of life.”
AIM Indian Territory Oklahoma Director Charlena Wind Werito (Mvskoke) believes this issue is about more than just money, it’s about survival. Although she believes the data center can easily become a lucrative resource for the Tribe, she does not see a mutually beneficial outcome for its citizens.
“We’re talking about water resources, land resources. These things are not limitless. They can’t always be replaced. There’s pollution levels. Noise pollution, sight. How is this going to further our Tribe or any other Tribe? What about our Ceremonial Grounds? How is this going to affect them? I don’t see the good in it.”
Former MCN Principal Chief Floyd was in attendance at the Regular Session. He said he was pleased with the Council’s vote. Floyd works with the National Park Conservation Association, an advocacy group that raises awareness for environmental issues. He found the legislation to be “premature” because there was still a lot of speculation as to what would actually become of developing Looped Square Ranch.
“These are heavy, industrial businesses. They’re polluters for light and sound. It’s a threat to animals. There’s a lot of things we need to understand about them before we just jump into a data center and technology park.”
Floyd remarked that if legislation for a data center ever makes its way back to the National Council for a vote, he would be happy to provide information on data centers, and their impact in other areas across the country.
