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Lawsuit Claims Dam Transfer Would be National Security Risk

A judge did not immediately decide on the request to block Saturday's Kerr Dam transfer

By MATT VOLZ, Associated Press
Kerr Dam on August 13, 2014. Greg Lindstrom | Flathead Beacon

HELENA — A lawsuit seeking to block the transfer of a Montana dam to two Native American tribes makes the unusual assertion that the transfer could lead the Turkish government to seek raw nuclear materials on U.S. soil to blow up the dam or other targets.

The lawsuit filed by state Sen. Bob Keenan, former state Sen. Verdell Jackson and Pointer Scenic Cruises seeks an emergency order to block Saturday’s transfer of the Kerr dam from NorthWestern Energy to the tribes on Montana’s Flathead Indian Reservation.

U.S. District Judge Rudolph Contreras did not make an immediate decision on the request following a hearing Friday in Washington, D.C.

Part of the lawsuit contends the Federal Energy Regulatory Commission should hold hearings on the tribes’ ability to safely operate the dam, but a large portion of the suit is dedicated to national security concerns.

For several years, the Turkish government and Turkish-American organizations have looked to establish business and cultural exchanges with Native Americans. The government and Turkish-American groups have hosted Native American delegations and have financially supported at least one American Indian project in the U.S.

Keenan, Jackson and Pointer, through their lawyer, Lawrence Kogan, suggest the Turkish government may be seeking to “to more freely promote their brand of Islam on reservations and/or to pursue other potentially more dangerous activities.”

Those other activities could include seeking access to uranium deposits and water sources to produce yellowcake for use in bombs, the lawsuit said.

The Confederated Salish and Kootenai Tribes have expertise in uranium mill tailing cleanups, but they are too gullible or naive to realize the Turks interested in doing business with them may have terrorist ties, the lawsuit claims.

“It is quite possible that the Turkish government, sponsored Turkish business enterprises, and affiliated terrorist groups or members may be seeking access to such expertise for possible acquisition and use of incendiary devices to compromise Kerr dam and/or other off-reservation targets,” the lawsuit says.

G. Lincoln McCurdy, president of the Turkish Council of America, called the lawsuit’s assertions completely false and “pure ugly.”

“There is interest in developing business with Indian Country,” McCurdy said. “But bringing Islamic values and nuclear arms? That’s all totally ridiculous.”

Turkey is a U.S. ally and a member of NATO. “Counterterrorism cooperation is a key element of our strategic partnership,” the U.S. State Department says of Turkey on its website.

The Turkish Council of America has promoted trade in agricultural products and cowhides from Native American tribes to Turkey, though no actual trade has yet been established, McCurdy said.

“Turkey is Muslim. The president and prime minister are very pious Muslims. But they are also very practical businesspeople,” McCurdy said. “Turkey and the U.S. are fighting together against Islamic extremism.”

One of the plaintiffs, Jackson, said he was not aware that Turkey was a U.S. ally or a member of NATO and he downplayed the lawsuit’s national security claims.

“To me, that’s a very minor issue,” he said.

Tribal spokesman Rob McDonald did not have an immediate comment.