Feb. 9th, 2016 : Construction resumes on Dakota pipeline despite tribe’s challenge and water protectors efforts.
ETP resumed drilling under Lake Oahe in North Dakota despite a last-ditch legal challenge from a Native American tribe leading the opposition. Energy Transfer Partners announced that the pipeline will be operational sometime in May 2017.
James Boasberg ( U.S. district judge in the case) had previously rejected the tribe’s request to block the pipeline project. In September 2016, he ruled that the Army Corps of Engineers likely complied with the law in permitting the pipeline to go forward.This has been a major the topic of controversy ever since.
As of today, the dispute continue between tibal leaders, chairmen, various owners of the land , environmentalists, activists, Bureau of Indian Affairs and the federal government.
Looking back to January 2017, Sioux Chairman David Archambault could be heard telling representatives of Energy Transfer Partners, the company building the Dakota Access Pipeline. “This is something that the tribe is not supporting.”The 2012 resolution was one passed by many tribes around the nation at the behest of the Indigenous Environmental Network. It expresses general opposition to pipelines and fracking.” This is not a true statement by Archambault.
Jan. 2017 The recent Women’s March in Washington claim that Archambault “sold out.” One speaker from the Indigenous Women Rise group told the crowd, “David Archambault sold out Standing rock for $30 million, which is less than 30 cents a person.”
Ladonna Brave Bull Allard is a Lakota historian and activist. In April 2016, she founded the first resistance camp of the DAPL, Sacred Stones, aimed at halting the Dakota Access Pipeline near the Standing Rock Indian Reservation located in North Dakota.
As of January 30th, 2017, there were few protesters left in Standing Rock. Sacred Stone , which was the first camp created is on Allard’s private property. By December 2016, more than 10,000 indigenous people and environmental activists were camping in the area. This movement has become the largest intertribal alliance on the American continent in centuries, and possibly ever, with over 200 tribal nations represented. Allard discovered back in January of 2017 that the tribal chairman and others had “sold out”. This is clearly depicted by her facebook posts below which were prompted by the request to remove all of the protesters off of her land by Sioux chairman Archambault.
Hmmm. Why is it that I can’t believe Sally Jewell that the Corps overlooked environmental and tribal issues and therefore had to stop the pipeline to redo its work? Studies were done, permits were issued, and all but the last tiny amount of the pipeline was completed. Pulling the plug was pure, election year, anti-oil politics meant to give support to progressives. Not pro-environment, not pro-native American.
Mr. Archambault is nothing more than a career politician seeking to cement his re-election just as most career prostitute politicians are most concerned with. I am part native-American and do not have any prejudice toward him on a racial basis. I consider myself an American first and he should do the same. His attitude is decidedly un-American. It is time to put this fraud behind us.
It is well documented that the Sioux tribe has known since 2003 this intake would be replaced. The tribes water utility business received close to $40 million in Federal Government grants, including nearly $30 million in 2009 and since to build the NEW water intake and new water treatment plant in Mobridge SOUTH Dakota – over 70 miles away. The most recent Standing Rock Water System improvements – constructed by the tribe with $29.2 million plus at least another $7.2 million awarded in 2016 to complete the final leg of the water pipeline under construction by the tribe’s water utility, Standing Rock Water – is due for completion by end of the year. These federal government funded improvements include the new high tech, sand filtered, deep water intake and new 5 million gallon per day water plant at Mobridge that has been operating since 2010. Along with the new 5 million gallon storage reservoir in Kline Butte, and new water lines to connect them. Add the new water pipelines to connect this new state of the art water system to the tribes existing water distribution system, including the final leg – the water pipeline to Firt Yates – now under construction.
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STANDING ROCK SIOUX TRIBE,
Plaintiffs, v. Civil Action No. 16-1534 (JEB) U.S. ARMY CORPS OF ENGINEERS,
, Defendants. MEMORANDUM OPINION
Case 1:16-cv-01534-JEB Document 39 Filed 09/09/16 Page 1 of 58
“Since the founding of this nation, the United States’ relationship with the Indian tribes has been contentious and tragic. America’s expansionist impulse in its formative years led to the removal and relocation of many tribes, often by treaty but also by force.” Cobell v. Norton, 240 F.3d 1081, 1086 (D.C. Cir. 2001). This case also features what an American Indian tribe believes is an unlawful encroachment on its heritage. More specifically, the Standing Rock Sioux Tribe has sued the United States Army Corps of Engineers to block the operation of Corps permitting for the Dakota Access Pipeline (DAPL). The Tribe fears that construction of the pipeline, which runs within half a mile of its reservation in North and South Dakota, will destroy sites of cultural and historical significance. It has now filed a Motion for Preliminary Injunction, asserting principally that the Corps flouted its duty to engage in tribal consultations under the National Historic Preservation Act (NHPA) and that irreparable harm will ensue. After digging through a substantial record on an expedited basis, the Court cannot concur. It concludes that the Corps has likely complied with the NHPA and that the Tribe has not shown it will suffer injury.http://www.sacagaweapipeline.com/
NNI’s International Advisory Council (IAC) convened in Fort Yates, ND at the Prairie Knights Casino & Resort on October 21-22, 2016. The IAC, which meets twice a year, consists of current and past Native leaders, scholars, community leaders, administrators, and nonprofit organization executives. The advisory council provides input and advice to ensure NNI’s programs continue to have the maximum benefit effect for Native nations.
NNI staff and IAC members were hosted by the Standing Rock Sioux Tribe. Dave Archambault II, tribal chairman, and Phyllis Young, former tribal council member, briefed meeting attendees on the tribe’s nation building efforts in the current conflict over protecting sacred land and water.
According to the U.S. Army Corps of Engineers, Lake Sakakawea covers 380,000 acres of land at its maximum operating level. The historic riverbed as it existed before Garrison Dam covers approximately 30,000 acres. Thus, the Corps acquired by purchase or eminent domain over 350,000 acres with most of the mineral acreage being reserved by the surface landowners. The exact amount of mineral acres being claimed by the State is currently not known, but clearly will involve thousands and thousands of acres, and will impact several thousand mineral owners including private citizens, charitable organizations such as churches, hospitals and universities, political subdivisions, and any other individual or entity who currently owns record title to minerals underlying Lake Sakakawea. The lake segment from Williston to the Fort Berthold Indian Reservation alone constitutes over 70,000 acres, or over 100 square miles of minerals the State seeks to take. The oil and gas that has been or will be produced in the future from these lands could be worth billions of dollars.
MEMORANDUM IN SUPPORT OF STANDING ROCK SIOUX TRIBE’S MOTION TO DISMISS AND CROSS-MOTION FOR SUMMARY JUDGMENT Patti A. Goldman, DCB # 398565 Jan E. Hasselman, WSBA # 29107 (Admitted Pro Hac Vice) Stephanie Tsosie, WSBA # 49840 (Admitted Pro Hac Vice) Earthjustice 705 Second Avenue, Suite 203 Seattle, WA 98104 Telephone: (206) 343-7340 email@example.com firstname.lastname@example.org email@example.com Attorneys for Plaintif http://earthjustice.org/sites/default/files/files/SRST-Memo-ISO-Mtn-for-SJ.pdf
RESOLUTION OF THE GOVERNING BODY OF THE THREE AFFILIATED TRIBES OF THE FORT BERTHOLD INDIAN RESERVATION A Resolution Entitled “Approval of 101 Applicants for Enrollment into the Three Affiliated Tribes” WHEREAS, This Nation having accepted the Indian Reorganization Aet of June 18, 1934, and the authority under said Act and having adopted a Constitution and By-laws pursuant to said Act; and… http://www.mhanation.com/main2/elected_officials/elected_officials_resolutions/resolutions_2016/03-10-2016-Resolutions_16-042-LKH-16-050-LKH.pdf
PICK_SLOAN OVER VIEW and LAWS for RECLAMATION
In 1944 Congress approved the Pick-Sloan Plan for flood control and navigation on the Missouri River. The primary beneficiaries of the Pick-Sloan plan were non-Indian farmers. The Plan involved the construction of four dams – Garrison, Fort Randall, Oahe, and Big Bend – which would impact twenty-three Indian reservations and result in the forced relocation of nearly 1,000 Indian families. Many Indian leaders would later charge that the project selected Indian lands for dam sites rather than non-Indian lands. In carrying out the plan, the Army Corps of Engineers negotiated settlements with the Indians, ignoring tribal sovereignty, Indian law, and treaty rights.
The Bureau of Indian Affairs was fully informed about the project and its impact on Indian reservations. The BIA made no objections to the project while it was debated in Congress. None of the tribes affected by the project were consulted about it.
Congress authorized in 1992 nearly $91 million to the Standing Rock Sioux in compensation for damages caused by the Oahe Dam project. The legislation also established an irrigation area on the reservation and transferred the administrative jurisdiction of the land taken in the project from the Secretary of the Army (Corps of Engineers) to the Secretary of the Interior (Bureau of Indian Affairs).
In 2000 the Army Corps of Engineers agreed to delay raising water levels in Lake Francis Case in South Dakota to allow the Yankton Sioux Tribe to recover scattered human remains. The Indian burial site was uncovered when the water levels behind Fort Randall Dam dropped. Supposedly the Army Corps of Engineers had relocated all burials in 1950 before the reservoir filled.
Case No. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
LAW PICK SLOAN https://law.uoregon.edu/images/uploads/entries/Capossela.pdf
2009 Internal conflicts about the Black Hills claim erupted among the Sioux. Some tribal members have hired a lawyer and have filed suit to receive the money rather than the land as compensation. This has caused a great deal of animosity among tribal members, some who feel that taking money for the Black Hills was the equivalent of giving up their identities as Indians.
2012 The monetary compensation gained through the longest legal battle in U.S. history remained unclaimed; the settlement is now worth about $1 billion. The map to the left shows the orginal land promised by the 1868 treaty (gold), the land – including the Black Hills – illegally taken by the U.S. government in the 1877 (orange), and the Lakota reservations as they appeared after 100 years of court actions (brown).
Pine Ridge Reservation, home to many of the Lakota people, is one of the poorest communities in the United States. http://users.humboldt.edu/ogayle/sed741/lakota.html
2816 APR 22 PH 2: 30 ENVIRONMENTAL PROTECTION AGENCY IN THE MATTER OF: David Meyer Flasher, North Dakota Respondent. REGION 8 !: ! l_r_ U EPA REGIO N VIIJ Docket No. RCRA-8-2016-ooo 3HE ti RING Cl.f:R~~ ADMINISTRATIVE ORDER PROCEEDING UNDER SECTION 7003 OF THE SOLID WASTE DISPOSAL ACT, AS AMENDED, 42 U.S.C. § 6901 et seq
ARTICLE: Greater autonomy
Through lobbying operations in Washington, various tribes have joined forces with the oil industry to try to loosen federal rules around drilling on tribal lands.
The Southern Ute tribe in Colorado, for example, was among the plaintiffs that sued to block the Obama administration’s increased regulation over hydraulic fracturing, or fracking, the drilling technique that spurred the shale oil and gas boom.
Oil and gas drilling has made the Southern Utes one of the nation’s wealthiest tribes, and the tribe’s oil company, Red Willow Production Co., has expanded beyond the reservation, including to the Gulf of Mexico.
Now, the Southern Utes and other tribes are backing legislation to reduce the authority of the Bureau of Indian Affairs in energy development on Native American lands. The bill, which passed the House last October and is under debate as part of the Senate’s larger energy bill, would give the tribes greater autonomy over the leases and presumably open more land for drilling.
A report last year by the nonpartisan U.S. Government Accountability Office found that oil and gas production on tribal lands, which operate under a complex set of regulatory statutes dating back to the 1800s, lagged those on private lands. In one case, the GAO said, a tribe waited eight years for the Bureau of Indian Affairs to review energy projects, resulting in $95 million in lost revenue.
“Like other so-called energy tribes, we continue to face bureaucratic barriers that unnecessarily and unfairly impede our ability to carry out even basic realty transactions,” Clement Frost, chairman of the Southern Ute, testified before Congress last year. “These are hurdles that our neighbors operating on state or private lands do not face.”
The Bureau of Indian Affairs did not return multiple phone calls and emails for comment.
Sovereign nations :: “So far, anti-drilling and pro-drilling factions within tribes appear to be maintaining a respectful distance from each other. In part, the drop in oil and gas prices in recent years has eased tension by slowing development everywhere, including tribal lands. But the tortured history of Native Americans, through the Indian Wars and later resettlement onto modern reservations, has made protecting basic tribal sovereignty a priority.”
UPDATE : 1/22/2017 Protesters attempting to stop the completion of the Dakota Access Pipeline received bad news on Saturday. The Sioux Tribal council officially called on all protesters encamped in its North Dakota reservation to clear out, Reuters reported.The tribal council’s resolution, which called to dismantle the three protest camps, did not include a measure on where to move the 600 protesters.
The standoff between Native American Water Protectors and authorities at Standing Rock grew more violent when North Dakota law enforcement elected to unleash rubber bullets, tear gas, water cannons and concussion grenades on 400 water protectors who were trapped on the Backwater Bridge on Highway 1806, just north of the main protest camp.
Robert F. Kennedy Jr. Against DAPL Press Release 11-15-16
Robert Kennedy Jr. has been an environmental law attorney for 30 years.
“It has the arrogance to break the law and the ability to get away with it. “
Is this the prophecy of the Lakota and the Hopi coming to fruition?
Hopi & Lakota Tribes Prophecy, #8 of nine prophecies According to prophecy if the black snake crosses the river into the land the waters will be poisoned and it will mark off the end of the world.
FOR IMMEDIATE RELEASE
November 22nd, 2016 at 9:00am CST
For Press Conference information contact firstname.lastname@example.org
Prepared by Standing Rock Medic & Healer Council at the Standing Rock Dakota Access Pipeline Resistance Camps
On November 21st as a direct result of the violent police response at Standing Rock towards unarmed people opposing the Dakota Access Pipeline, a 21 year old woman from New York City, Sophia Wilansky, was severely injured when a concussion grenade thrown by police hit her left arm and exploded. Sophia was heading to bring water to the unarmed people who were being attacked for several hours by Morton County Sheriff forces. The Morton County Sheriff’s Department has stated that she was injured by a purported propane explosion that the Sheriff’s Department claimed the unarmed people created. These statements are refuted by Sophia’s testimony, by several eye-witnesses who watched police intentionally throw concussion grenades at unarmed people, by the lack of charring of flesh at the wound site and by the grenade pieces that have been removed from her arm in surgery and will be saved for legal proceedings.
“At around 4:30 a.m. after the police hit the bridge with water cannons and rubber bullets and pepper spray they lobbed a number of concussion grenades which are not supposed to be thrown at people directly at protesters or protectors as they want to be called. A grenade exploded right as it hit Sophia in the left forearm taking most of the undersurface of her left arm with it. Both her radial and ulnar artery were completely destroyed. Her radius was shattered and a large piece of it is missing. Her medial nerve is missing a large section as well. All of the muscle and soft tissue between her elbow and wrist were blown away. The police did not do this by accident – it was an intentional act of throwing it directly at her. Additionally police were shooting people in face and groin intending to do the most possible damage. Sophia will have surgery again tomorrow as bit by bit they try to rebuild a somewhat functioning arm and hand. The first surgery took a vein from her leg which they have implanted in her arm to take the place of the missing arteries. She will need multiple surgeries to try to gain some functional use of the arm and hand. She will be, every day for the foreseeable future, fearful of losing her arm and hand. There are no words to describe the pain of watching my daughter cry and say she was sorry for the pain she caused me and my wife. I died a thousand deaths today and will continue to do so for quite some time. I am left without the right words to describe the anguish of watching her look at her now alien arm and hand.”
A fund set up by friends and verified to help with Sophia’s recovery is set up here:
The Standing Rock Medic Healer Council deplores the ongoing use of violence by the state of North Dakota to address the concerns of the thousands of people peacefully assembled at Standing Rock to insist on the right to clean healthy drinking water.
Water is Life, Mni Wiconi
Linda Black Elk, PhD, Ethnobotanist, Sitting Bull College
Michael Knudsen, MPH candidate, Standing Rock Medic & Healer Council
Noah Morris, EMT
Amelia Massucco, RN
John Andrews, RN
Kristina Golden, EMT, herbalist
Sebastian Rodriguez, RN
Rosemary Fister, RN, MNPHN, DNP Candidate
Rupa Marya, MD, DoNoHarm Coalition, University of California – San Francisco
David Kingfisher, MD, JD, Wichita State University
Jesse Lopez, MD, Heartland Surgical Care
Kalama O Ka Aina Niheu, MD, Aha Aloha Aina
Howard Ehrman, MD, MPH, University of Illinois – Chicago
Geeta Maker-Clark, MD, University of Chicago
Elizabeth Friedman, MD
Vanessa Bolin, ALS Paramedic
Contact: Michael Knudsen, Medic Coordinator and Standing Rock Sioux Tribe ethno-botanist Linda Black Elk, PhD – email@example.com
Medic and other needs at STANDING ROCK.
1) Purchase remaining Medic supply needs. See the full list of needs and purchase via our Amazon Wish List https://amzn.com/w/284OV04OWXQG9. You can also reference that list, purchase items locally, and then mark the items as purchased via the Amazon list.
We are also in need of
- Unflavored Milk of Magnesia
- Wool blankets
- Emergency blankets
- Wool socks
- Wool thermal underwear – NO COTTON
- Hand warmers
- Safety Goggles
- Trauma kits (portable)
- Straw bales
- Two 4WD trucks for medic vehicles
- One of these for medic evac vehicles: http://argoatv.com/products/frontier-8×8-responder-s
Donated items can be mailed to Standing Rock Medic & Healer Council, PO Box 1251, Bismarck, ND, 58502 – or if you are shipping via UPS or FedEx, please use the address 220 E Rosser Ave #1251, Bismarck ND 58502. Use the number 701-409-0199 as shipping phone if needed.
2) Donate funds to allow us to finalize our winter infrastructure needs, for advanced practitioner gear, for climate-controlled storage of medic supplies, and for emergency contingency supply funds
Make a tax deductible donation directly to the Standing Rock Medic & Healer Council
Relatives, please do not call the FBI and give them information if you were injured by police in North Dakota. Please work with our camp attorneys, the Water Protector Legal Collective/NLG-formerly Red Owl Legal Collective to pursue justice. Calling the FBI could result in you providing information that could be potentially incriminating to yourself and others.
Many of these police do not see your constitutional right to peacefully assemble. They do not see your point of view or what you are fighting for. Clearing a public road resulted in use of deadly force against hundreds of people. They have responded to us with escalating violence, and increased charges.
Put pressure on your legislators, federal agencies, and the White House. Put pressure on North Dakota’s governor. Call on the Department of Justice. Please keep eachother safe, and learn about your rights. #NoDAPL