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ND State Tribal Address – Standing Rock Sioux Tribe Chairwoman Janet Alkire January 7, 2025 – North Dakota State Capitol House of Representatives Chamber

Hihanni Waste’, Mitakuyapi Oyasin
Cante’ Waste’ Nape’ Chi-yuzapi.
Winyan Wagatia hemiye’.
Good morning, I shake your hand with a warm and good heart, and my Lakota name is Woman of High Honor. I’d like to start by thanking The Albert Grass Post, Post 173, for posting our colors today, and the Iron Bull singers for lending their beautiful voices and drum to this very special occasion. I am honored to be here today and I am honored that Albert Grass Post and the Iron Bull singers could be here as well to share with you our proud culture, traditions, history, and achievements. I’d like to acknowledge our appreciation for the ND Tribal and State Relations Committee and those legislators who met with each of the Tribes this past year, as well as the ND Indian Affairs Commission, for your compassion and collaborative efforts towards addressing our needs and concerns across this great State. Governor Armstrong, Lt. Governor Strinden, Speaker Wiesz and the esteemed members of the North Dakota State Legislature, it is an honor to address you today and share this message as Chairwoman of the Standing

Rock Sioux Tribe on behalf of our five Tribal Nations: the Mandan, Hidatsa, and Arikara Nation; the Spirit Lake Nation; the Turtle Mountain Band of Chippewa; the Sisseton-Wahpeton Oyate Nation; and Wab Kinew, Premier of the Province of Manitoba who travelled a long distance to be here today. I want to begin this address by sharing some history of my home, The Great Nation of Standing Rock. Among our Lakota and Dakota People, we say the Oceti Sakowin or Seven Council Fires of our Lakota—Nakota—Dakota Oyate or People/Nation. We have a proud tradition as Native Sovereign Nations among our Sioux Nation tribes. At Standing Rock, we have our Hunkpapa and Si ha’Sapa Lakota and our Yankton Dakota People, and we are all relatives united by our common history, traditions, and language as a People. Our 1851 Treaty with America reflects original Great Sioux Nation territory stretching from Minnesota to Montana, Canada to Kansas and
Colorado, and lands in between. Together with our sister Sioux tribes, we are the Dakota in North and South Dakota.

To defend our lives and our homeland, our People fought wars with the Cavalry. The 1868 Great Sioux Nation Treaty reflects the promise that war shall forever cease, and protects our lands as our permanent home. We are proud of our People, Sitting Bull, Rain-in-the-Face, Gall, Two Bears, John Grass, Running Antelope and so many others. Today, our homelands have been reduced to now only 2.3 million acres which straddles the common border with both North Dakota and South Dakota. My people are resilient, innovative, vibrant, educated, and persistent. Standing Rock Sioux Tribe is committed to protecting the language, culture and well-being of its people through economic development, technology advancement, community engagement and education. But what I love most about our people, is our sense of community, our pride in our culture, and our determination to remember our past while building a bridge to the future. Thank you Governor Burgum for signing the dedication of the Cannonball Bridge as the Albert Grass Memorial Bridge. For context, Albert Grass, when he gave the ultimate sacrifice fighting for this country during World War I, was not even a citizen of the United States but served heroically as a strong, indigenous, brave, yet humble Native American. His ancestors live today, and I believe some of them are in this room today, including me. Through the American Rescue Plan and other Federal Funding opportunities, all five Tribal Nations have experienced growth and success by building projects such as housing repairs, medical clinics, various types of rehab facilities, and energy projects.

But this success isn’t just from within the Tribe but through our common work as elected leaders. Our common citizens are our bridge and without the valuable supports they need to cross into a brighter future that infrastructure will collapse. Our kids need quality schools, good jobs, access to impactful health care, secure communities, and leadership that will support them. We, all of us in this room, are critical to their success. A bridge to the future needs infrastructure. America elected change this past November. Change that includes reducing the size of the federal government while also shifting programs more directly to the local level. Though we are not sure how these changes will be implemented or how they will impact the Tribes, the Tribes agree that a reduction in bureaucratic overhead could be extremely beneficial for Tribes like ours. In addition, the move to shift programs within the federal government to areas with stronger implementation infrastructures could result in better use of limited program dollars, BUT WE NEED YOUR HELP TO ENSURE THESE CHANGES HELP OUR COMMON CITIZENS. We must work together with our federal delegation to stress what is best for all our citizens, not just a few. Our tribes need to see improved access to healthcare. Under Medicaid Expansion, Standing Rock and Sisseton are able to exercise self-determination of our health care system access. Standing Rock holds education for its children in high regard. One major and impactful law that the ND State Legislature made was SB-2304. It ensures a greater understanding of Native American history and culture in the classroom and assures that the common student is afforded the opportunity to learn the true history of the plight of the Native Americans in this area. At this time, I would like to commend the State of North Dakota for acknowledging the truth of our past, and our traumas, so that we can move forward not on a path of historical trauma, but on a path of historical healing. Our common children attend both North Dakota schools and Bureau of Indian Education campuses. These students depend on us to ensure they are provided all the tools they need for success. As education bills move through the state and at the federal level, we want to work with you to ensure that the outcomes are in the best interest of all children. I know we agree that the children of our state deserve the best opportunities we can provide them. Some other ways to ensure a better future for our children includes our duty to implement economic development. Economic development on the reservations is critical to the economy of the state as a whole, and strategies must be mutually planned and supported by both Tribal nations and the State of North Dakota. This includes equally sharing of the gaming market to ensure fair opportunities for all. The state must conduct an unbiased and objective study on the economic impacts the five tribal nations have on North Dakota’s gross domestic production and overall economy. This is critical to understanding our joint relationship. We must know our impact on each other to strategize a cooperative future for our common citizens. We are asking for this specifically in the current session.

As leaders, we all understand that the success of building bridges in areas such as Economic Development weigh heavily on a sense of community and public safety. The federal government has been woefully underfunding our law enforcement budgets, creating a crisis that not only impacts our Tribes, but the State we have in common. “Crime doesn’t respect political boundaries”, as Councilman Delray Demery back home has stated many times. I do want to thank the State of North Dakota for supporting a regional Bureau of Indian Affairs (BIA) Advanced Training Center located at North Dakota National Guard – Camp Grafton Training Center. We need the State’s assistance in working with Congress to receive that critical funding because it is a fact that we need additional officers, and to have those officers attend training locally.

I commend the three tribes which have entered into mutual agreements with State entities, such as the ND highway patrol and ND Bureau of Criminal Investigation. These are no doubt an exercise in tribal sovereignty to address public safety in their communities. At this time, I would like to mention and applaud Jayme Davis, District 9 State Representative, who plans to work on a bill which would create a Missing and Murdered Indigenous Peoples’ Alert because of the stress that this issue has on our communities and is in greater need of support. The crisis and the impact of Drug Trafficking along with the MMIP between our shared borders is heart-breaking. For those of you who don’t understand the seriousness of MMIP, it is of epidemic proportions and most Tribes are under-served due to under-funding, so as a result violent crimes and criminal activities are much higher than in non-native areas which have adequate funding and adequate staffing.  As I previously stated, crime doesn’t respect political boundaries. Criminal behavior does not end at the reservation border. It spills over across our shared border resulting in criminal behavior in non-native communities as well. This must come to an end. At this time, I’d like to offer a moment of silence for the recent loss of a well-respected Standing Rock BIA Law Enforcement officer, Amber Johnson. The stress of these very demanding first responder positions, can be so mentally, physically, and emotionally challenging, on not only themselves, but also their families and the communities in which they serve.

On behalf of all the Tribal Nations, I want to thank all the first responders for the job they do for ensuring
public safety. That Bridge to the Future I mentioned earlier, it is real. We all agree that we need easier access to services on the east side and west side of the Missouri River. Today, there are only two bridges at Bismarck and Mobridge, South Dakota, that connect the east to the west side of the state, leaving a vast gap of over 120 nautical miles in between. Building a new bridge would not only improve physical connectivity but also symbolize stronger relationships and collaboration between North Dakota and Standing Rock. I was encouraged to hear our legislative council express commitment to finding resources for this project, and I’m proud to share that we have recently secured a $14.5 million grant from the Department of Transportation to help turn this vision into a reality. The bridge serves as more than a physical structure—it represents the bridge to stronger relationships, mutual understanding, and continued collaboration between our tribal nations and the state. As I reflect on my leadership, I think about the impactful conversations and moments shared as a Mother, a Daughter, a Sister, an Auntie, a Tribal Leader, an Air Force Veteran, and citizen of North Dakota.

I want to extend my heartfelt gratitude to former Governor Doug Burgum and all of the wonderful things he did to strengthen good relations between our five Tribal Nations and North Dakota. I have worked to maintain a strong relationship with former Governor Burgum. His ability to stay connected to Tribal leaders through texts, phone calls and in-person visits have strengthened partnerships that positively impact all tribes across North Dakota. I trust that Governor Burgum will serve Indian Country well as a nominee for the position of Secretary of the Department of the Interior because of his knowledge and support of Tribal Sovereignty. We are excited by the election of our Congressman to the North Dakota Governorship. Congratulations to Governor Armstrong and First Lady, Kjersti Armstrong and congratulations to all incoming legislators!! I look forward to our partnership together and continued relationship building with all five Tribal Nations. When we have a common goal, each the State and the Tribes should work together to leverage our networks for the betterment of common citizens, in education, law enforcement, health care, roads, and infrastructure. We are all North Dakotans. Governor Burgum once said that one of the first things he did as Governor was to reach out to Standing Rock to come meet with Tribal Leaders with a commitment to each other, to listen to each other. He also initiated the Government to Government (G2G) summit at the State level to create dialogue
between the State and the Tribes which we found helpful in preserving and nurturing the relationships we have
worked so hard at building. As public servants—whether legislators, council members, chairpersons, or governors—we all understand the personal cost of service to our families, our communities, and the people we represent. Our collective work can create lasting change and brighter futures for the next generation. I extend my heartfelt gratitude to our tribal leadership, our governor, our legislators, and most importantly, our citizens. We may not always see eye to eye, but we must remain united in service to our people of the five nations and the State of North Dakota. Our shared commitment to progress and respect to one another will keep our relationships strong and our communities thriving for generations to come. I want to leave you with this thought. When I became the first woman to be elected to this position in 2021, and the first woman leader in over 70 years, I wanted to be guided by our values. It was clear, the two values I chose that would be my guideposts are: Truth and Compassion.

Truth, because its needed in all leadership positions. Compassion, because we all need to put ourselves in each other’s shoes.

As always, when we meet we call upon Wakan Tanka Tunkasila, our Grandfather the Creator, to guide us and watch over us. We thank the Creator for our lives and for this day and ask blessings upon all of our People. The generations that went before us, our mothers and fathers, grandmothers and grandfathers, we remember today as we respect their spirit of independence, survival, strength of purpose and their sacrifice….their sacrifice for our existence. We remember who we are and we thank you for doing the same, and thank you to all my relatives who made the journey to be here today.

It’s been an honor to give this address today on behalf of all five nations.
Wopila Tanka. Mitakuye Oyasin

SRST Support for South Dakota Gov. Kristi Noem to serve as Secretary of Homeland Defense

SRST Support for Governor Doug Burgum to Serve as Secretary of the Dept. of Interior

Standing Rock Sioux Tribal Chairwoman Janet Alkire Speaks Out Against Energy Transfer Misinformation

Standing Rock Sioux Tribal Chairwoman Janet Alkire Speaks Out Against Energy Transfer Misinformation
January 6, 2025 – for immediate release

Standing Rock Sioux Tribal Chairwoman Janet Alkire is speaking out against misinformation published by Energy Transfer, the owner and operator of the Dakota Access Pipeline. “A big part of the problem with the Dakota Access Pipeline is the secrecy and misinformation by Energy Transfer,” Alkire stated. She pointed out the extensive redactions in the DAPL oil spill response plan submitted to the federal government in April 2023.

“All of the important information, such as the worst case discharge calculations, and the clean-up control points for an oil spill are blacked out. Standing Rock’s first responders will need this information to safely supervise any clean up activities on the Standing Rock Reservation,” Alkire stated.

She pointed out that other reports needed to protect the Missouri River in the event of an oil spill have not been released to the Tribes or the public, at all. “Energy Transfer has hidden driller logs that prove that up to 1.4 million gallons of drill mud was lost during construction of the pipeline.” Alkire explained that this is especially concerning because Energy Transfer was convicted in 2022 of 23 criminal violations to Pennsylvania’s Clean Streams Act, for using unapproved chemical additives to drill mud, which polluted the nearby aquifer and waterways.

“Was Standing Rock’s groundwater polluted also?” asked Doug Crow Ghost, Director of the Tribe’s Department of Water Resources. “We do not know, because they
are keeping the information hidden.”

According to Alkire, Standing Rock is also concerned with what she referred to as “Energy Transfer’s lies.” Its web site states that DAPL “does not encroach or cross any land owned by the Standing Rock Sioux Tribe.” https://dakotapipelinefacts.com.

“In fact, DAPL crosses Standing Rock’s unceded Treaty lands from the Heart River to the east bank of the Missouri River, and encroaches on our Tribe’s aboriginal territory for
hundreds of miles, where we have hunting, fishing and gathering rights, and many sacred sites,” she explained.

Crow Ghost described Energy Transfer’s oft-repeated statement that DAPL is “one of the most technologically-advanced” pipelines as misinformation. “Industry experts identify secondary power supplies at emergency flow restriction devices, such as the shut-off valves at the Missouri River, as required technology. DAPL was built without a back-up power supply at the valves. If there is a power outage, and the pipeline needs to be shut down for any reason, their workers will have to go out to the site with a crescent wrench – real high-tech,” Crow Ghost stated.

Alkire explained that the secrecy and lack of transparency prompted the Tribe to file a lawsuit against the Army Corps of Engineers to shut down DAPL. She expressed dismay that Energy Transfer has characterized Standing Rock’s lawsuit as “rehashing old ground.”

“Nothing could be further from the truth,” Alkire stated. “This legal action is based on new information – such as Energy Transfer’s criminal convictions on August 5, 2022, and the drill mud spill, which we learned of a few months ago.” The oil spill response plan, challenged by the Tribe as inadequate, was submitted in April 2023 – years after Standing Rock’s prior legal action had concluded. Since 2017, when Standing Rock initiated legal action to prevent construction underneath the Missouri River, Energy Transfer and its subsidiaries have been convicted of environmental crimes and have been subject to numerous civil penalties for pipeline safety violations. They caused 66 “significant incidents” as defined by the U.S. Pipeline and Hazardous Materials Safety Administration – almost one per month. According to the Standing Rock’s lawsuit, “From 2017 through 2023, Energy Transfer LP pipelines have spilled 48,005 barrels of oil (2,016,210 gallons) or about 600 barrels (25,200 gallons) per month. These spills caused property damage totaling almost $57 million, or $1 million in property damages per month.”

In 2022 and 2023, Energy Transfer had nine spills exceeding 1,000 barrels, making it the most serious violator during this period. The second worst violator had one spill. It is easy to see why Standing Rock Tribal leaders are concerned.

“The secrecy by the Corps of Engineers and the misinformation by the pipeline company put our community at risk,” Alkire stated. “So we are taking action.”
Energy Transfer’s criminal convictions prompted the Inspector General of the Environmental Protection Agency to debar the pipeline operator from federal contracts or other assistance. “There is no easement for DAPL to cross Corps-administered land, and Energy Transfer is debarred from obtaining an easement,” Crow Ghost stated. “The Corps should shut this pipeline down.”

For additional information:
Tim Mentz, Standing Rock Communications Officer
(701) 854-8593

Standing Rock Sioux Tribe’s Opposition Against the Magellan Pipeline Reroute

RESOLUTION NO. 474-24
Standing Rock Sioux Tribe’s Opposition Against the Magellan Pipeline Reroute
(MPUC Docket No. IP7109/PPL-23-109)
Pipestone Quarry — Minnesota

WHEREAS, the Standing Rock Sioux Tribe is an unincorporated Tribe of Indians,
having accepted the Indian Reorganization Act of June 18, 1934, with the exception of
Section 16; and the recognized governing body of the Tribe is known as the Standing
Rock Sioux Tribal Council; and,

WHEREAS, the Standing Rock Sioux Tribal Council, pursuant to the amended
Constitution of the Standing Rock Sioux Tribe, Article IV, Section 1 [a), 1 [c], 1 [h], and
1 [j], is authorized to negotiate with Federal, State, and local governments and others on
behalf of the tribe; is further authorized to promote and protect the health, education,
and general welfare of the members of the Tribe; and,

WHEREAS, the Pipestone quarries are in the lands of the Lakota/Dakota including the
surrounding area and are sacred to Oceti Sakowin Oyate and the four bands of Lakota –
Dakota Oyate on the Standing Rock reservation since time immemorial; and,
WHEREAS, the United States has acknowledged the importance and sacredness of
Pipestone, establishing in 1937 the Pipestone National Monument to protect the sacred
Pipestone quarries; and,

WHEREAS, the U.S. National Park Service has specifically acknowledged the
sacredness of the Pipestone quarries and the ties of Tribal Nations to this land, stating
that, “for over 3,000 years, Indigenous people have quarried the red stone at this site to
make pipes used in prayer and ceremony – a tradition that continues to this day and
makes this site sacred to many people,” and that “today, Pipestone National Monument
is officially affiliated with 23 tribal nations and Indigenous people from across the country
who keep ancient quarrying traditions alive to this day;” and,

WHEREAS, due to the pipeline’s proximity to the Pipestone quarries, the region
surrounding the quarries where our People have traveled since time immemorial contains
cultural sites and cultural resources of significance to the Standing Rock Sioux Tribe
(Tribe), Oceti Sakowin, and burials of ancestors of our Oyate (people); and,

WHEREAS, any new ground disturbance above or below near the quarries in this region
will disturb or destroy our quarries, cultural sites, cultural resources, and burials; and,

WHEREAS, the Magellan Pipeline, L.P. owns a pipeline that was originally routed through
federal lands pursuant to a right-of-way 0.74-mile-long but has expired and was
decommissioned, within proximity to the quarry and Pipestone National Monument; and,
WHEREAS, the Magellan Pipeline, L.P. now seeks to construct a new segment of pipeline
around the quarries using a new route to resume operation; and

WHEREAS, the Magellan Pipeline, L.P. applied to the Minnesota Public Utilities
Commission (MPUC) in 2023 for a permit to re-route the Magellan pipeline; and,
WHEREAS, the Magellan Pipeline is an 8-inch-diameter pipeline designed to transport
1,100 barrels per hour of toxic refined petroleum products including gasoline, diesel, and
jet fuel; and ,

WHEREAS, over the course of Minnesota PUC proceedings, four alternate routes
were proposed for the Magellan Pipeline re-route project; and,

WHEREAS, all four routes considered by the Minnesota PUC pose unacceptable risks
to the quarries including other natural and cultural resources surrounding the
Pipestone quarries; and,

WHEREAS, on October 22, 2024, the Minnesota Public Utilities Commission officially
published their decision (vote: 3 – 2) and written report to grant a permit to Magellan
Pipeline, L.P., for Route RA 01 (Docket No. IP7109-23-109), but the National Park Service
has not initiated government-to-government consultation with the Standing Rock Sioux
Tribe or the Great Plains Tribal Chairman’s Association (GPTCA) regarding this Project;
and,

WHEREAS, no National Environmental Policy Act (NEPA) scoping, review, and analysis
were conducted or have been undertaken on the four routes which is required early in the
pre-planning of this federal action, and the lead Federal agency National Park Service
is mandated to initiate government-to-government consultation with Tribes; and,

WHEREAS, various Federal laws and Presidential Executive Orders requests the Chief
Executive Officer and/or the elected Tribal leaders to respond in a timely manner to a
request for government-to-government consultation on pertinent issues; and,

WHEREAS, Executive Order 13175 – Consultation and Coordination with Indian Tribal
Governments, {65 FR 67249, November 9, 2000) was issued by President William J.
Clinton in 2000 which states in part:
Section 1. Definitions. (d) • ‘Tribal officials· ‘ means elected or duly
appointed officials of Indian tribal governments or authorized intertribal
organizations.
Section 5. “Consultation. (a) Each agency shall have an accountable
process to ensure meaning/it! and timely input by tribal officials in the
development of regulatory policies that have tribal implications. ”

WHEREAS, the Tribe recognizes that beyond government-to-government consultation it
includes formal Nation-to-Nation consultation which remains with the Standing Rock
elected leaders in service to its membership of the Tribe and with the GPTCA; and,

WHEREAS, the Tribal Chairpersons and Tribal Presidents are the executive officials
who administer all tribal action and shall carry out all decisions for the Tribe(s)
pertaining to the health, safety, and well-being of all their tribal members including
solidifying their spiritual and cultural wellbeing needed to maintain their birthright to the
Pipestone quarries connected to our sacred White Buffalo Calf Pipe, Pte San Win and
our Canupa Owanyaka; and,

NOW THEREFORE BE IT RESOLVED, that the Standing Rock Sioux Tribal Council
strongly opposes the Magellan Pipeline, L.P. project and route situated near or within
the Pipestone National Monument and the Pipestone Quarries, and demands the
National Park Service initiate government-to-government consultation with the Standing
Rock Sioux Tribe through the Great Plains Tribal Chairman’s Association and demand
NPS establish a one-mile no-build boundary around the Pipestone National Monument
and quarries; and,
BE IT FURTHER RESOLVED, that on October 22, 2024, the Minnesota Public Utilities
Commission officially published their decision (vote: 3 – 2) and written report to grant a
permit to Magellan Pipeline, L.P., for Route RA 01 (Docket No. IP7109-23-109), this
decision by a non-federal State agency violates two Federal laws, and circumvents
Section 106 of the National Historic Preservation Act, (NHPA) as amended and the
requirements of the National Environmental Policy Act; and,
BE IT FURTHER RESOLVED, that the Standing Rock Sioux Tribe requests the support
of the Oceti Sakowin leadership to reject the decision of the MPUC permitting agency
whose decision to co-mingle their State approval action before the Magellan Pipeline
project became a Federal undertaking, after the fact, is unlawful, and other reasons
including but not limited to:
1.) This State MPUC decision “foreclosed” the ability of the NPS to comply with
Section106 administering their Federal responsibilities under NHPA regulations
(36 CFR 800, Appendix A, (c) (2));
2.) Triggers the potential for an anticipatory demolition situation (Section 110 (k) of
NHPA);
3.) Fails to allow the NPS initiate the NEPA analysis (Environmental Impact
Statement) to be conducted with the placement of the Magellan Pipeline within
the boundary or near the Pipestone National Monument and this action must be
rejected by the NPS.
BE IT FURTHER RSOLVED, that the Chairwoman and Secretary of the Tribal Council are
hereby authorized and instructed to sign this resolution for and on behalf of the Standing Rock
Sioux Tribe.
CERTIFICATION
We, the undersigned Chairwoman and Secretary of the Standing Rock Sioux Tribe, hereby
certify that the Tribal Council is composed of 17 members, of whom .!1 constituting a quorum,
were present at a meeting duly and regularly called, noticed, convened and held on the 7th day if
November, 2024, and that the forgoing resolution was duly adopted by the affirmative vote of
16 members, with J!.. opposing, and with J_not voting. THE CHAIRMAN’S VOTE IS NOT
REQUIRED EXCEPT IN CASE OF A TIE.
DATED THIS 7m DAY OF NOVEMBER, 2024.

ATTEST:
Susan Agard, Secretary
Janet Alkire, Chairwoman

MEETING DATE: 11-7-2024

PUBLIC ANNOUNCEMENT: Status of DAPL Lawsuit

Click Here to View Full Legal Complaint

 

Attorney Jeff Parsons and I filed the attached complaint against the Army Corps of Engineers in federal district court for the District of Columbia, on October 14. The complaint asks for the temporary and permanent shut down of DAPL. We allege that DAPL violates numerous laws, as follows:

• The 2016 easement was vacated and the Corps of Engineers has not issued a new easement as required by the Mineral Leasing Act. 30 U.S.C. §185(a).

• DAPL should be shut down (at least temporarily) because Energy Transfer has been debarred by the Environmental Protection Agency from federal contracts and assistance under the Government Acquisition and Streamlining Act of 1994, 31 U.S.C. §6101. The act governs the debarment and suspension of contractors and applicants due to fraud or criminal conduct. On October 28, 2022, EPA debarred Energy Transfer after conviction of 23 criminal convictions of the Pennsylvania Clean Streams Act. Energy Transfer lacks an easement today, and arguably is not eligible for a permanent easement until it gets off of the federal debarment list. The complaint asks the court to shut down DAPL, at least until that may occur.

• DAPL should be shut down (at least temporarily) because Energy Transfer has not prepared a Facility Response Plan for clean-up of an oil spill as required by the federal Clean Water Act. 33 U.S.C. §1321(j)(5). The complaint asks the court to shut down DAPL, at least until it demonstrates compliance with the emergency planning requirements of the Clean Water Act and the regulations.

• DAPL should be shut down permanently because Energy Transfer intentionally destroyed Native American burials during pipeline construction, and did so to obstruct compliance with the National Historic Preservation Act. An applicant that violates section 110(k) is ineligible for the permit or other federal assistance requested. 54 U.S.C. §306113. In the complaint, we request a trial on this issue. We also explained that the destruction of burials invokes the “bad man” clause of Article 1 of the 1868 Fort Laramie Treaty, and that DAPL is a treaty violation.

The lawsuit does not address the environmental impact statement process currently underway by the Corps. As the Tribe has said for nearly five years, the Corps should shut down the pipeline during the EIS process, and then do so permanently. That is the objective of the lawsuit. Judge James Boasberg has issued an order to be the trial judge. On balance, that is a very good development. Judge Boasberg is already familiar with the controversy over DAPL. He ruled in the Tribe’s favor, but only did so after giving the Corps a second chance to comply with NEPA in 2017, after identifying at least three NEPA violations. He issued an order in 2020 that DAPL should be shut down, but after his order was modified on appeal, he issued a ruling that the Tribe could not demonstrate irreparable harm, one of the criteria for an injunction. One of the challenges that we have in the current lawsuit is circumventing the 2021 denial of the injunction for DAPL.
There are four defendants: the U.S. Army Corps of Engineers, Assistant Secretary Michael Connor, Omaha Commander Robert Newbauer and Northwestern Division Commander Geoff Van Epps. We sued the agency itself, and the officers with the authority to shut down DAPL. They are being served summonses now. The return proof of service has not yet been received.
Once it does, the Corps of Engineers will have 60 days to respond. That should start tolling by next week. Energy Transfer will inevitably intervene, and perhaps the State of North Dakota. Jeff and I are working on a motion showing the need for shut down on the issue of no easement. These are the next steps in the process. For its part, the Corps may try to avoid the merits of the lawsuit by issuing the easement or taking some other action to protect the operation of the pipeline. I hope this information is helpful. Thank you.

SRST Files #NODAPL FED LAWSUIT SEEKING IMMEDIATE SHUTDOWN OF DAKOTA ACCESS PIPELINE

October 14, 2024

STANDING ROCK SIOUX TRIBE FILES #NODAPL FEDERAL LAWSUIT AGAINST U.S. ARMY CORPS OF ENGINEERS SEEKING IMMEDIATE SHUTDOWN OF DAKOTA ACCESS PIPELINE

Standing Rock/Fort Yates, ND -Today, on Indigenous Peoples’ Day, the Standing Rock Sioux Tribe filed a historic lawsuit against the U.S. Army Corps of Engineers seeking immediate shutdown of the Dakota Access Pipeline, pending full compliance with federal laws and regulations. The Tribe claims the operation of DAPL violates the federal Clean Water Act, the National Historic Preservation Act, and the 1868 Treaty of Fort Laramie, among other important laws and regulations, and the Tribe is at great risk as a result. The lawsuit addresses the need to protect Standing Rock’s water, cultural resources, and treaty rights threatened by the Corps by its failure to regulate DAPL, despite the lack of a required easement since 2020 and absence of a lawful environmental impact analysis.

The Dakota Access Pipeline is a 1,174 mile-long hazardous liquid material pipeline with an original capacity of 574,000 barrels per day. The Dakota Access Pipeline crosses into unceded
treaty lands guaranteed by the 1851 Treaty of Fort Laramie to the Oceti Sakowin Oyate (“Seven
Council Fires,” commonly known as Great Sioux Nation) at the crossing of the Heart River in
present-day central North Dakota. Originally rerouted from a crossing above Bismarck, North
Dakota, the pipeline crosses the Missouri River at the mouth of the Cannon Ball river on the
Lake Oahe reservoir, less than one-half mile upstream from the Standing Rock reservation. On
March 25, 2020, the D.C. Circuit Court vacated the easement, due to defendants’ failure to
comply with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §4231 et seq ..
Standing Rock v. U.S. Army Corps of Engineers, 471, F.Supp.3d 71, 77-78 (D.D.C. 2020).
Despite this and the fact that any release of oil will directly and adversely affect public health
and welfare of the Tribe, the Corps has failed to act to adequately protect the Tribe.
The lawsuit raises these treaty rights violations along with several other issues, including the
intentional destruction of Native American burials and traditional cultural properties by Energy
Transfer LP. Under the National Historic Preservation Act Section 11 0(k) mandates federal
agencies like the Corps to ensure no federal permits issued to any applicant that intentionally
avoids Section 106 consultation or intentionally adversely affects a historic property. 54 U.S.C.
§306113. The case recalls Energy Transfer’s September 3, 2016 destruction of burial sites and
stone features identified by the Tribe’s expert on traditional cultural and historical sites, Makoche
Wowapi. This intentional destruction, the Tribe argues, renders Energy Transfer ineligible for
any easement given the intentional adverse effects to historic and cultural properties.
The case also calls attention to the 2022 federal debarment of Energy Transfer due to 23
criminal convictions in Pennsylvania for polluting the water. Under Article 1 of the 1868 Fort
Laramie Treaty, the United States guaranteed it would keep “bad men” out of Sioux Treaty
territory. The lawsuit argues that allowing Energy Transfer (a corporate “person” and “bad man”)
to operate DAPL on Treaty land is an abuse of Corps discretion and a treaty violation. In
addition, the debarment renders Energy Transfer ineligible for the critical NWP 12 easement
across Lake Oahe, currently still under consideration by the U.S. Army Corps.
“Energy Transfer and the Corps continue to avoid their obligations to the Tribe. We’ve asked for
unredacted Emergency Response Action Plans continuously, but instead what we get are
redacted plans over and over again with no actual plan to clean up a worst case oil discharge or
spill during low water conditions,” said Doug Crow Ghost, Standing Rock’s Water Resources
Director. “We deserve better than that. Our children deserve better. We shouldn’t have to worry
about whether the water from Mni Sose that has given life to our people for centuries, will be
safe tomorrow.”

This last concern is highlighted by the lawsuit’s claim of a violation of the Clean Water Act, which requires Energy Transfer LP to submit a rational Facility Response Plan for DAPL designed to clean up a worst case discharge of oil. The Tribe has only received redacted plans which fail to provide practicable solutions and no realistic process to remediate a spill. The Corps is currently weighing whether to grant Energy Transfer a new easement for the pipeline and has yet to issue a Record of Decision after closing its public comment period last year on the draft environmental impact statement (DEIS), which discounted much of Energy Transfer’s spill record as irrelevant. On August 28, 2024, the Tribe sent a letter to the Corps requesting information on reports of a 1.4 million gallon release of drilling fluid into Lake Oahe akin to the drilling fluid releases that contaminated the water of Pennsylvania and Ohio and led to Energy Transfer’s debarment. The letter also asked the Corps to re-open the public comment period on Dakota Access Pipeline EIS. The Corps has not provided a response to the Tribe. This lawsuit asks the D.C. Circuit court to prohibit Energy Transfer from continued DAPL operation pending full compliance with the requirements of federal law. The Tribe is represented by attorneys Peter Capossela and Jeffrey Parsons.

Eight Oceti Sakowin Leaders Sign Memorandum of Understanding

August 26, 2024

 

PRESS RELEASE

 

Eight Oceti Sakowin Leaders Sign Memorandum of Understanding

With The

USDA, Forest Service Rocky Mountain Region Black Hills National Forest

 

On August 22, 2024 at the Mystic Ranger District Office in Rapid City, SD, a monumental event occurred with Tribal leadership of the Oceti Sakowin by signing a Memorandum of Understanding (MOU) with the Under Secretary for Agriculture for Natural Resources and Environment, Dr. Homer Wilkes and Chairwoman Janet Alkire, SRST. Accompanying Dr. Wilkes in the signing was Randy Moore, Chief of the Department of Agriculture’s U.S. Forest Service.

This signing occurred with eight (8) Oceti Sakowin Tribal Presidents and Chairpersons of Tribal Governments including: Oglala Sioux Tribe, Crow Creek Sioux Tribe, Sisseton Wahpeton Oyate of Lake Traverse, Spirit Lake Tribe, Standing Rock Sioux Tribe, Rosebud Sioux Tribe, Cheyenne River Sioux Tribe, and Lower Brule Sioux Tribe. Also signing for Rosebud Treaty Council, Phil Two Eagle, and Braveheart Society, Faith Spotted Eagle, of Yankton, SD.

Background

In the early 1992 administration of Standing Rock Chairman Charles Murphy, the Tribe requested a government-to-government consultation meeting with John Twiss, Forest Supervisor of the Black Hills National Forest to discuss management of the Black Hills Forest. This started the talks on the interest of Oceti Sakowin Tribes on the management of the Black Hills, as the Black Hills National Forest Revision Plan was coming up for renewal. At that time talks broke down because of various stipulation by Mr. Twiss, Forest Supervisor.

In 1994 under the newly elected administration of Chairman Jesse Taken Alive, Standing Rock renewed their efforts to request government-to-government consultation but this time Oglala Sioux Tribe President John Yellow Bird-Steele join in the consultation to discuss the revision of the BH Forest Management Plan. This time Forest Supervisor Twiss was joined by Governor Janklow and Senator Tom Daschle. Again stipulations were made by these three individuals that included one stipulation of many that backed off the Oceti Sakowin tribal leaders, accepting the Black Hills payment to be a cooperating agency in the management of the Black Hills and limited decision authority with the Forest Management Plan. Chairman Taken Alive backed off this unacceptable counter offer and this idea of co-management has laid dormant since.

Summary of MOU

Standing Rock has a history with Forest Service within our reservation which Chairwoman Alkire inherited when elected, to seek the return of the National Grasslands within the Standing Rock reservation. Chairwoman Alkire initiated this MOU which came off the Oceti Sakowin’s push to get portions of the Black Hills returned. On October 5th, 2022 Chairwoman Alkire invited Under Secretary Dr. Homer Wilkes and Chief Randy Moore to Standing Rock to discuss the return the National Grasslands within Standing Rock where they both visited the Grasslands with Chairwoman Alkire and Councilmember Paul Archambault. That process was finalized August 22nd creating a Co-Stewardship Agreement with the Tribe for the National Grasslands.

Over two years the Memorandum of Understanding for the management of the Black Hills National Forest was a document that continued to be developed and revised through consultation with the Great Plains tribes. Prior to the signing of the MOU on August 22nd, Oglala Sioux Tribe attorney Mario Gonzalas and Great Plains Chairman’s Association attorney Mark Van Norman continued to meet with Forest Service to get a finalized MOU document for Tribes on the Co-Stewardship of the Black Hills Forest management of unleased lands in the Black Hills.

This gives the Tribes a place within the Black Hills National Forest management plan. This MOU puts the Tribes in a position to help Co-Steward through management of the Black Hills. Under Secretary Dr. Wilkes stated “I would encourage the Tribes to consider signing. Should we not sign this document the funding to implement the conditions in the MOU may be lost with a potential new administration.”

On August 22nd at the Mystic Ranger District (8) Oceti Sakowin Tribes signed the MOU. At the close of the signing Standing Rock Chairwoman Alkire was a holdout to sign because she stated she should take this document to the Tribe. Under Secretary Homer Wilkes when asked the status of the document if not signed, he stated “this is almost two years of consultation with Tribal representatives.”

At the insistence of Tribal Council members Jeff Cadotte, Richard Long Feather and Delray Demery and Tim Mentz Sr., Communications Director, Chairwoman Alkire was urged sign. “This is probably the best document Forest Service has yet produced to date, we have come a long way since the 1990’s to have a document that gives the Tribes a seat at the management table, another chance may never be realized again” stated Tim Mentz Sr. Because of this support of the three Tribal Councilmembers, Chairwoman Alkire joined in signing this precedent setting document.

The MOU states in part:

“The signing of this MOU is in recognition of the Oceti Sakowin Great Sioux Nation Tribes nation-to-nation relationship with the United States of America, traditional indigenous cultural and historical Great Sioux Nation (Lakota, Nakota, Dakota Oyate) connections to the Black Hills National Forest, and continuing treaty rights under the 1851 Treaty with the Sioux Nation and 1868 Treaty with the Great Sioux Nation, the United States of America, acting through the Black Hills National Forest of the United States Department of Agriculture (USDA) Forest Service, and the Great Sioux Nation Tribes.

The Great Sioux Nation Tribes have entered into this MOU to engage in cooperative planning, land and waters conservation, climate protection and remediation, protection of cultural resources and sacred sites, stewardship, fuel reduction, wildfire management, habitat improvement for wildlife benefit including bison and other native species, invasive species intervention, wilderness preservation, sustainable use of natural resources, youth programs, workforce development, exploring options for workforce leases to establish housing and/or work centers in support of Tribal employment, protecting sacred sites, enhancing visitor relations and cultural and historical interpretation in and concerning the Black Hills National Forest.”

The MOU goes on to state important historical information including:

Authorities: Prior to the formation of the United States of America, the Lakota-Nakota-Dakota Oyate was established by our Native People as an independent sovereign nation, with our own national territory – Dakota Makoche. The Great Sioux Nation is vested with inherent sovereignty, rights of self-government and self-determination, treaty rights under the 1851 and 1868 Treaties, including rights to peace, friendship, and commerce with the United States of America, Federal trust responsibility protections, among other things. The USDA Forest Service has authority to engage with the Great Sioux Nation Tribes pursuant to Executive Order 13175, Consultation and Coordination with Tribal Governments, to enter into stewardship agreements with Indian nations under 16 USC §6591(c), §604 of Public Law 108-148 as amended by §8205 of Public Law 113-79, the Agriculture Act of 2014; see Blue Legs v. U.S. Bureau of Indian Affairs, 867 F.2d 1094, 1100 (8th Cir. 1989) (“[t]he existence of a trust duty between the United Sates and an . . . Indian tribes can be inferred from the provisions of a statue, treaty or other agreement, reinforced by the undisputed existence of a general trust relationship between the United States and the Indian people”); Covelo Indian Community v. FERC, 895 F.2d 581 (9th Circ.1990) (all government agencies have “fiduciary” responsibilities to tribes and must always act in the best interests of the beneficiaries).

The United States of America acknowledges Indian nations and tribes as Native Sovereign Nations and Federally Recognized Tribes vested with rights of self- government and self-determination, continuing treaty rights, interests in land, waters, wildlife, wildlife habitat, usufructuary rights, and who value stewardship of nature; the Sioux Nation and the United States of America entered into the 1851 Treaty with the Sioux Nation, etc., and the 1868 Great Sioux Nation Treaty on a sovereign-to-sovereign, nation-to-nation basis to forever “cease” war between the parties, reserve the Great Sioux Nation’s “permanent home” including the Black Hills, reserve unceded Indian lands and hunting grounds, preserve hunting and fishing rights, safeguard traditional cultural practices, and promote self-government.”

The new MOU signed by all parties provides most, if not all, the responsibilities the Oceti Tribes wanted in the 1990’s. This MOU document contains most of the management responsibilities including:

The MOU creates numerous opportunities for the Tribes including, but not limited to:

  • Great Sioux Nation Black Hills Forest Stewardship Director. To facilitate effective and well-coordinated participation in this MOU and agreements subsidiary thereto, the Great Sioux Nation Tribes will establish, subject to the availability of funds hereunder, a Great Sioux Nation Black Hills National Forest Stewardship Director compensated at a level equivalent to Forest leadership for five-year terms. The Great Sioux Nation Black Hills National Forest Stewardship Director shall coordinate with the Black Hills National Forest on land use planning and implementation, development of long-term resource management and programmatic goals, collaborative and robust outreach to Tribal Nations, and development of more effective mechanisms for Tribal nation coordination with tribal leaders. Water quality and stream management; biology research, monitoring, and improvement of wildlife habitat.
  • Planning for restoration of native bison, elk and other wildlife species habitat, discussion of potential paths towards changes to 36 Code of Federal Regulations 223, 241, and 250 and related USDA Forest Service Regulations to respect Great Sioux Nation hunting, fishing and gathering rights, including 1851 and 1868 treaty rights.
  • Integration of Great Sioux Nation Tribes Forest planning values, goals, priorities, and objectives in the Black Hills National Forest Plan revision.
  • Pursuant to this MOU and related agreements and grants, the Great Sioux Nation Tribes forestry crews will promote healthy forests and climate remediation.
  • Black Hills Traditional Youth Culture and Workforce Development Camps. To develop the Lakota Youth Workforce and create jobs for Tribal youth, with the support of the Black Hills National Forest, and subject to the availability of funds, the Great Sioux Nation Tribes will seek to establish Lakota Culture and Workforce Development Camps to train young Lakota rangers and foresters in Traditional Ecological Knowledge and forestry skills to protect the Black Hills National Forest, medicine plants and other plants, animals and ecosystems, and to potentially provide Forest Service job training and development under workforce development grants and agreements. The Great Sioux Nation Tribes seek to provide meaningful education, employment, and training opportunities for Tribal youth and young adults fostering cultural connections to nature through forestry, reforestation, conservation, climate remediation, invasive species intervention, and nature projects on Forest and Tribal lands (existing youth programs operated by the Black Hills National Forest and the Office of Tribal Relations may provide models for this activity.

 

Any comments please contact Tim Mentz Sr. Communications at 701-854-8595.

Standing Rock Sioux Tribe Sign Historic Document Dakota Prairie National Grasslands Co-Stewardship Agreement

August 26, 2024

 

PRESS RELEASE

Office of Chairwoman Janet Alkire

 

Standing Rock Sioux Tribe Sign Historic Document

Dakota Prairie National Grasslands Co-Stewardship Agreement

On August 22, 2024 at the Pactola Visitor’s Center in the Black Hills, the Standing Rock Sioux Tribe (SRST) signed a Co-Stewardship Agreement with the Under Secretary for Agriculture for Natural Resources and Environment, Homer Wilkes and Chairwoman Janet Alkire, SRST. Accompanying Mr. Wilkes in the signing was Randy Moore, Chief of the Department of Agriculture’s U.S. Forest Service.

Securing the signing of the Co-Stewardship Agreement was an initiative Chairwoman Alkire made as a priority at the beginning of her administration with the ultimate goal to get all the National Grasslands located within the Standing Rock Reservation returned back to the Tribe. Since the early 1990’s the Tribe has been seeking the return of these lands, this is the first step in making that become a reality for our future generations.

The SRST acquired the Shambo Ranch later in the 1990’s consolidating a large block of previously intermingled private fee lands and tribal lands. The Shambo Ranch lies within the Rock Creek District on the Standing Rock Reservation and is part of the most isolated portion of the eight districts on the reservation.

The Rock Creek District manages the approximately 15,000-acre Shambo Ranch, where a community buffalo herd has already been established. The Rock Creek District is working towards converting the ranch to all bison. Chairwoman Alkire and her Administration are thankful for support from tribal Councilmembers with this Agreement.

The Agreement consists of a multi-faceted Co-Stewardship project on lands administered by the Dakota Prairie Grasslands Grand River Ranger District within the Shambo Allotment and tribal lands administered by the Standing Rock Sioux Tribe. The Agreement states in part:

“The Agreement includes transitioning the Shambo allotment from a cattle allotment to a bison operation including reconstructing or new construction of critical allotment infrastructure, restoring previously cultivated lands within the allotment to native grasslands species, planting native woody species, and integrating a youth engagement component to this work.”

I want to thank the Rock Creek District for their support. For further information please contact Tim Mentz Sr. at 701-854-8500 or timothy.mentzsr@standing.org.

8/13/2024 Lockdown

The Security Department took all necessary precautions yesterday and placed the Tribal Admin building in a full lockdown after reports of sounds similar to gunfire yesterday, August 13. The Security Department called BIA law enforcement and SRST Game & Fish in to help secure the area, and after extensive search it was determined there was no threat. A nearby transformer malfunctioning caused the reported sounds, which the electric company promptly repaired. The Standing Rock Sioux Tribe thanks you for your patience during the lockdown period as tribal leadership took immediate action to protect the employees and visitors at the tribal administration building.