This article was originally published by Truthout on Oct. 26, 2026. It is shared here under a Creative Commons (CC BY-NC-ND 4.0) license.
The Northern Cheyenne Tribal Council voted unanimously this October to ban data centers on tribal land in Montana. The ban follows a decision in August by the Fort Peck Tribes to bar officials from projects involving data center developers.
But Montana’s Tribes are now split. Next door to the Northern Cheyenne, the Apsáalooke, or Crow Tribe, has not taken an official position and remains open to hearing proposals from companies, according to Shane Doyle, an Apsáalooke tribal member and The Nature Conservancy’s Indigenous right relations director. Doyle grew up on the Crow Reservation and has consistently advocated for reciprocity with the land, rendering him a voice in the dissent, whether he intends to be or not.
The stakes are highest in Crow country. In the small city of Hardin, at the Crow Indian Reservation’s northern edge, a former cryptocurrency mine is being actively converted into an AI data center. About 14 miles northwest of the reservation, Texas-based Quantica Infrastructure plans to build its Big Sky campus on nearly eight square miles of ranchland near the town of Broadview, north of Billings, Montana’s most populous city. As it’s currently planned, the data center would rank among the largest data centers in the world. The Yellowstone River Valley is “the heart of the Crow Nation,” Doyle said.
Krystal Two Bulls, who is Oglala Lakota and Northern Cheyenne, has been tracking these data centers closely. As the executive director of Honor the Earth, a nonprofit tracking data centers on or near reservation lands, she takes an extensive view of history and geography when it comes to tribal land and AI developments.
“Broadview is still a traditional territory of the Northern Cheyenne and also the Crow,” she told Truthout. “It may not technically be on the reservation, but it definitely is still going to have an impact on the land and the people around it.”
The divide over data centers comes as developers eye Montana for its land, water, and power, and as Tribes test how far their sovereignty can actually reach. Bans like the Northern Cheyenne’s are enforceable on tribal land, said Matthew Fletcher, a University of Michigan Law professor and member of the Grand Traverse Band of Ottawa and Chippewa Indians. But tribal bans on off-reservation data centers that affect reservation waters are “unlikely to be enforceable,” Fletcher said, unless a tribe can show a very significant threat to its waters, enterprises, or citizens’ health.
Quantica has asked Northwestern Energy for more than 7,000 megawatts. The utility currently serves about 750 average megawatts, said Anne Hedges, executive director of the Montana Environmental Information Center. “We’ve never imagined something this massive,” she told Truthout. The company’s plan includes about 1,700 megawatts of gas generation, which alone would be more than the gas generated by all Montana’s existing gas plants combined.
The gas would affect more than just the rural Broadview community. A retired Billings pulmonologist modeled the air-quality impact of 1,700 megawatts using EPA tools, Hedges said, and found fine-particulate pollution spreading to communities east of the site, including the Crow, Northern Cheyenne, and Fort Peck reservations. “It’d be a disaster,” she said.
The Northern Cheyenne resolution, which passed by a vote of 8-0, covers all land on the reservation, says Melissa Lonebear, a Northern Cheyenne citizen and tribal council member. It quashes any extant or future data center discussions on their territory. (None are currently active.) “We have fought historically to preserve our land,” says Lonebear. “We have fought against coal development, coal bed methane, all these things.”
The Northern Cheyenne own nearly all of the land within their reservation, which makes the Tribe a target for developers looking for large, contiguous sites, Lonebear said. She added that the governor had remarked in a closed meeting with tribal leaders that big corporations were looking for land. “I almost felt like we would be targeted,” she said.
Fort Peck’s ban bars the tribal government, individuals, and entities from discussing proposals to build data centers on the tribe’s reservation. The tribe passed the ban after three companies approached the tribe about data center projects on tribal land, Tribal Chairman Floyd Azure told Montana Free Press. Azure had asked standard questions about the benefits to his community, and after learning about the required natural resources, he strongly rejected theirs and any future proposals. Azure did not respond to Truthout’s request for comment.
Tribal water rights in the state define what is available for development projects like data centers. Fort Peck and the Northern Cheyenne coordinate with state environmental agencies, such as Montana’s Department of Natural Resources and Conservation (DNRC), to enforce these rights. “Physical and legal water availability analysis are part of the water rights permitting process, as is an assessment of adverse effect to other water right,” Patricia Spencer, a DNRC spokesperson, told Truthout.
Water rights are set out in an agreement between a tribe and a state, and sometimes the federal government. Such an agreement limits the amount of water available to the tribe within the state’s overall supply, which is sourced from groundwater and rivers near and far. “The proposed datacenter in Hardin is located in a basin closed by the compact, and DNRC cannot process or grant an application for an appropriation of water within the Bighorn River Basin,” Spencer said in an email. “At this time, DNRC has not received any water rights applications or change applications tied to that facility.”
The Crow’s calculation also includes revenue, according to Lonebear. The Absaloka coal mine, which was long the Tribe’s marquee employer and profit source, shipped its last rail car of coal in 2024, the Billings Gazette reported. In August, a Senate committee advanced the Crow Revenue Act, a bill with full-throated support from Crow reservation chairman Frank White Clay that would give the Crow ownership of their coal, previously paternally managed by the Hope Family Trust. In exchange, the Hope family is offering federal coal reserves in Bill Mountains, which they’re anticipated to lease to Signal Peak Energy, whose customers are in Japan and South Korea. The Crow also plan to participate in the mining directly in the future.
The Absaloka coal mine reduced capacity and then halted production in April 2024 after losing its main client, Xcel Energy’s Sherburne County Generating Station (Sherco Plant), in Minnesota, which pivoted to cheaper, cleaner alternatives like natural gas. It’s a loss that left the Crow without a clear surrogate source of revenue.
“The Crow Tribe has decided to develop their coal… and so the rest of the world should not be in our way for that,” Conrad Stewart, energy director of the Crow Tribe, told Inside Climate News.
We’re trying to always make sure that we protect our water, keep it clean, make sure there’s enough for the fish and for people to drink and use in the community … So I think a data center would conflict with that.
Water is on everyone’s mind. “We’re trying to always make sure that we protect our water, keep it clean, make sure there’s enough for the fish and for people to drink and use in the community,” says Doyle. “So I think a data center would conflict with that, with all our values.”
Asked whether the Crow will follow suit on the ban, Two Bulls said she was “hopeful,” but added that she doesn’t think the Crow will “entertain a ban or even a moratorium,” citing her understanding that tribal leadership sees data centers as a way to replace declining coal revenue.
The Crow chairman and executive officers all declined requests for comment.
Water may be a forefront issue, but that may not be the same for tribal consultation. Without a federal permit, federal land, or federal money, the federal consultation duties don’t apply: Section 106 of the National Historic Preservation Act, NEPA review, and the federal government’s consultation obligations to Tribes.
The Montana Department of Environmental Quality has a public comment period that closes October 29 on Quantica’s water well. The company hasn’t yet applied for a water right, according to the DNRC, and that application will come with its own public notice.
Asked whether Montana’s Department of Natural Resources and Conservation must notify or consult the Crow Tribe, DNRC spokesperson Patricia Spencer pointed to the general public notice process. “Public notice, including an opportunity for the public to comment and make objections, is a part of the water rights permitting process,” Spencer told Truthout. “The Crow Tribe–Montana Water Rights Compact would not have any bearing on an application near Broadview.”
Meanwhile, the Montana Public Service Commission is developing a large-load tariff for data centers. The state legislature is scheduled to convene in January 2027, with what Hedges describes as dozens of data center bills. No Native legislators sit on the energy committee drafting them, and at the same time she called the American Indian Caucus “a force to be reckoned with.”
“We do not anticipate the construction and operation of our Big Sky Campus will impact tribal lands or water rights,” a Big Sky Digital Infrastructure spokesperson told Truthout over email.
“If we put a project like this in around Yellowstone County, in that river valley, it’s gonna be an environmental impact similar to a coal mine, or something that’s gonna cause irreparable harm to the area. I think that’s why there’s so much opposition to it right now,” Doyle said.
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