Issue 004
Consultation Was Not Required
The Big Picture
The Massena Town Board voted 3 to 2 on September 16 against a six-month moratorium on data centers, clearing the way for the town to keep working toward a data center proposed by North Country Colocation Services at the former Alcoa East plant, drawing a reported 400 megawatts from the New York Power Authority. The Mohawk Council of Akwesasne has opposed the project, citing proximity, energy and water demands, and limited consultation. Supervisor Raymond Lancto and board member Kristy Baker voted for the moratorium. The company says its project falls outside New York’s statewide pause because it needs no additional discretionary permits from the state Department of Environmental Conservation. Massena votes down proposed data center moratorium in split vote, North Country Now opens in a new tab
Two files below carry similar determinations. Alberta decided consultation on the Wonder Valley water licence was unnecessary, and Sault Ste. Marie, Ontario has described Indigenous outreach as part of its framework process while Garden River First Nation asks for a separate government-to-government process.
New This Issue
Hualapai Tribe claims consent over resources beyond the reservation. The Hualapai Tribal Council passed a resolution opposing the irresponsible development of hyperscale data centers, facilities drawing 100 megawatts or more, on a reservation of nearly one million acres bordering 108 miles of the Colorado River. The measure states that no outside entity or private developer may use, damage or compromise the Nation’s resources without its free, prior and informed consent. Chairman Duane Clarke told Gabriel Pietrorazio of KJZZ the Nation will “stand strong with any community” opposing such facilities. This Arizona tribe said no to data centers on its nearly 1 million-acre reservation, Utah Public Radio opens in a new tab
The same reporting dates two events this brief has carried undated: Page, Arizona authorized the Horseshoe Bend land sale last October, and the LeChee Chapter of the Navajo Nation adopted its opposing resolution unanimously in February. Page says it has committed no municipal water source and calls Lake Powell reports speculative; a feasibility study is still pending. Downriver, the Bullhead City Planning and Zoning Commission heard a rezoning proposal on September 17 for an industrial parcel whose owner and intended use the city has not identified.
Two First Nations withhold support in Sault Ste. Marie, Ontario. Protexxa Inc., of Toronto, and the Missanabie Cree First Nation have proposed QuantumEdge, a cybersecurity and data centre facility on Yates Avenue, on industrial land the council agreed in December to sell. Batchewana First Nation Chief Mark McCoy said his Nation does not support the development at this time, and a Batchewana statement said consultation with rights-holding First Nations cannot be treated as “an administrative exercise or an afterthought.” Garden River First Nation, led by Chief Karen Bell, has asked for a separate government-to-government process. Data centre proposal in Sault Ste. Marie, Ont. met with opposition, CBC News opens in a new tab Council voted unanimously on August 31 to prepare an interim control bylaw, due before it today, pausing data centres above 50 megawatts for up to a year. The mayor has said the Yates Avenue proposal is not a large-scale facility. Darren MacDonald reported for CTV News that a separate 400 megawatt proposal in the city is at an early stage. Sault approves motion pausing approval of data centres, CTV News opens in a new tab
A news site publishes Indigenous correspondents who do not exist. WE NEWS carries three invented northern bylines, presented as a Yukon First Nation member, a writer of Dene heritage and an Inuk raised in the North. Work from CBC North, Nunavut News and Nunatsiaq News was reworded and republished under those names with generated portraits. Kerry Benjoe of the Indigenous Media Association of Canada called it “very harmful.” Website uses AI to generate northern Indigenous news ‘correspondents’, CBC News opens in a new tab
Story Updates
Wonder Valley (Alberta). Aaron Walker reported for Windspeaker.com that O’Leary Digital Limited filed a notice of appeal on August 21, seeking to take part in the Sturgeon Lake Cree Nation’s judicial review, which the Court of King’s Bench is expected to hear in December. The court record states the Nation was not told of Alberta’s November 2024 decision that consultation was unnecessary and obtained it in January only under a disclosure order, and that then-Indigenous Relations minister Rick Wilson told the Nation on February 14, 2025 that no application had been submitted, four days after the Municipal District of Greenview applied. Chief Sheldon Sunshine said there is “no environmental assessment and next to no consultation” with the Nations. O’Leary Digital appeal adds new front to Sturgeon Lake Cree Nation’s water license challenge, MBC Radio opens in a new tab
Salix, Iowa (proximity). The Winnebago Tribe of Nebraska held three public sessions on September 9 on the Google project under evaluation at Salix, the last with an ecologist and a hydrologist. Tribal Council member Keely Bassette Purcell told KTIV the Tribe’s lands are three miles away and that the Tribe is seeking a coalition of Nations along the Missouri River. The Salix council began drafting a data center ordinance the next day; rezoning has still not been filed. Winnebago Tribe of Nebraska offers information on proposed data center project, KTIV opens in a new tab
Muscogee (Creek) Nation. The task force created by TR 26-045 on July 25, carrying a 60-day reporting requirement, is due before the National Council this week. No report is yet public.
Project Jupiter (New Mexico). Nothing filed since the Attorney General’s September 3 brief. The Environment Department deadline remains November 23; no Nation is a party.
The Data Center Tracker
A mid-month pass, breaking changes only. The counts are unchanged at twenty-four Nations: fifteen Saying No, five Saying Yes, four Studying.
One entry gains a firmer basis. The Sault Ste. Marie Tribe of Chippewa Indians Board of Directors voted unanimously on April 7 for an indefinite moratorium on AI data centers on Tribal lands, liftable only by a later resolution and only after a Tribal impact assessment, environmental and cultural evaluations and community consultation. Alexandria Bournonville reported for WBUP and WJMN. Sault Tribe directors vote in indefinite pause on data center development, MyUPNow opens in a new tab
The proximity sheet grows from eleven projects to thirteen, adding the Bullhead City parcel and the Yates Avenue proposal. The Missanabie Cree First Nation is logged there as a project partner rather than counted as Saying Yes, the site lying outside its own territory.
Policy Watch
Michigan has not moved. One-year permitting moratorium bills in both chambers, and a June Senate package requiring water-use permits, community benefit agreements and a ban on officials signing non-disclosure agreements, have sat in committee since introduction. Sierra Club Michigan, Clean Water Action and the Michigan Environmental Justice Coalition held a Capitol news conference on September 9; Kyle Davidson reported for Michigan Advance. Michigan environmentalists push for statewide data center moratorium, regulations as bills stall, Planet Detroit opens in a new tab The Sault Ste. Marie Tribe endorsed a state moratorium in May 2026.
Governor Kathy Hochul has until December 31 to sign or veto New York’s Responsible Data Center Development Act, which reaches facilities of 20 megawatts and up. NCAI resolutions for the 83rd Annual Convention are due Monday, September 28, with the convention October 18 to 22. The NTIA Tribal Broadband Connectivity Program and Native Entities Grant Program close November 17.
Learning and Building
Navajo Technical University is developing a Diné AI innovation hub, after a May workshop in Crownpoint with southwestern Tribal colleges, regional universities, Navajo Nation leaders and national laboratory researchers. Tom Davis, a longtime Tribal college educator, asked the room whether Native people will “be one of the drivers of AI.” NTU to Develop Artificial Intelligence Innovation Hub, Tribal College Journal opens in a new tab
Questions Tribal Governments Are Facing
Two, from this period’s record. Does the pause the Nation is relying on actually reach the project next door? Massena’s answer turned on which discretionary permits the developer still needed, a question answered from the permit file, not the order.
And once a municipality begins writing a data center framework, is the Nation in the drafting or only in the comment period? Garden River has asked for the first; the city has described the second.
Sources
- Massena votes down proposed data center moratorium in split vote; clears way for NCCS’s 400 MW facility opens in a new tab, North Country Now, September 17, 2026 | Lexi Bruening, Massena’s town board votes down data center moratorium opens in a new tab, WWNY, September 16, 2026 | Massena Town Board clears a path for controversial data center opens in a new tab, North Country Public Radio
- Gabriel Pietrorazio, This Arizona tribe said no to data centers on its nearly 1 million-acre reservation opens in a new tab, KJZZ and the Mountain West News Bureau, September 16, 2026 | LeChee Chapter meeting minutes and resolution, February 2026 opens in a new tab, LeChee Chapter, Navajo Nation | Page data center FAQ opens in a new tab, City of Page, Arizona
- City Planning and Zoning Commission hosts public hearing Thursday on data centers opens in a new tab, Mohave Valley Daily News
- Data centre proposal in Sault Ste. Marie, Ont. met with opposition opens in a new tab, CBC News | Residents gather to oppose AI data centres in Sault Ste. Marie, Ont. opens in a new tab, CBC News | City says Indigenous voices will factor into data centre policy opens in a new tab, SooToday
- Darren MacDonald, Sault approves motion pausing approval of data centres opens in a new tab, CTV News, September 1, 2026 | Moratorium approved on large-scale AI data centre applications in Sault Ste. Marie, Ont. opens in a new tab, CBC News | As many as 1,000 new jobs possible on Yates Avenue opens in a new tab, SooToday
- Website uses AI to generate northern Indigenous news ‘correspondents’ opens in a new tab, CBC News, September 16, 2026
- Aaron Walker, O’Leary Digital appeal adds new front to Sturgeon Lake Cree Nation’s water license challenge opens in a new tab, Windspeaker.com via MBC Radio, September 12, 2026 | First Nation in court to challenge proposed Wonder Valley AI data centre project in northern Alberta opens in a new tab, CBC News
- Acacia Killian, Winnebago Tribe of Nebraska offers information on proposed data center project opens in a new tab, KTIV, September 9, 2026
- Tribal Digital Infrastructure and Data Sovereignty task force established by Council opens in a new tab, Mvskoke Media | Muscogee Nation to look at data center development and AI opens in a new tab, Government Technology
- Alexandria Bournonville, Sault Tribe directors vote in indefinite pause on data center development opens in a new tab, WBUP and WJMN, April 8, 2026 | Community pushback prompts Sault Tribe leadership to adopt moratorium on data centers opens in a new tab, Michigan Advance
- Kyle Davidson, Michigan environmentalists push for statewide data center moratorium, regulations as bills stall opens in a new tab, Michigan Advance via Planet Detroit, September 14, 2026
- NTU to Develop Artificial Intelligence Innovation Hub opens in a new tab, Tribal College Journal, August 30, 2026 | TCUs Positioned to Lead a Community of Indigenous AI Practice opens in a new tab, Tribal College Journal
- 83rd Annual Convention and Marketplace opens in a new tab, National Congress of American Indians | Tribal Nations and data centers: emerging issues and resources opens in a new tab, United South and Eastern Tribes
- Petala Ironcloud, As data centers sidestep Tribal consultations, Tribal Nations are fighting back opens in a new tab, Truthout, July 22, 2026 | Tana Fitzpatrick, J.D., Sovereign Brief: AI Data Centers and Tribes opens in a new tab, OU Native Nations Center for Tribal Policy Research
The reporting
- Massena rejects a moratorium and the developer says the state pause does not reach it opens in a new tabNorth Country Now
- Hualapai Tribe claims consent over resources beyond the reservation opens in a new tabGabriel Pietrorazio, KJZZ / Mountain West News Bureau
- Alberta told a court consultation was unnecessary before issuing the Wonder Valley water licence opens in a new tabAaron Walker, Windspeaker.com
- Two First Nations withhold support for a Sault Ste. Marie data centre opens in a new tabCBC News
- Winnebago Tribe convenes its own technical briefing on the Salix project opens in a new tabAcacia Killian, KTIV
- Michigan data center bills stall in committee opens in a new tabKyle Davidson, Michigan Advance