Pushpum green energy project puts Yakama tribe in a bind. "Problems arose when the Federal Energy Regulatory Commission, the agency in charge of permitting hydro energy projects, offered the Yakama Nation what tribal leaders considered an impossible choice: disclose confidential ceremonial, archaeological and cultural knowledge, or waive the right to consult on whether and how the site is developed. This put the Yakama Nation in a bind.

Disclosing exactly what made the land sacred risked revealing to outsiders what they treasured most about it. In the past, disclosure of information about everything from food to archaeological sites enabled non-Natives to loot or otherwise desecrate the land." "The Yakama Nation feared similar outcomes if it fully participated in FERC's consultation process over the Goldendale development. But there are alternatives. The United Nations recognizes Indigenous peoples' right to affirmatively consent to development on their sacred lands. A similar model was included in state legislation in Washington three years ago, but Gov. Jay Inslee vetoed it. The requirements of the consultation process are poorly defined, and state and federal agencies interpret them in a broad range of ways. In the case of Pushpum, critics say that has allowed FERC to overlook tribal concerns. " "THE CONCERNS OVER FERC's engagement with the Yakama Nation are part of a wider discussion of U.S. government protections for tribal privacy and cultural resources. Speaking at a tribal energy summit in Tacoma in June 2023, Allyson Brooks, Washington's state historic preservation officer, said that even though the consent language was vetoed by the governor, state law for protecting confidentiality around tribal cultural properties is still stronger than federal law, which only protects confidentiality if a site is eligible for the National Register of Historic Places. In Washington, if a tribal historic preservation officer says, "'X marks the spot; this is sacred,' we say, 'OK,'" Brooks declared. "