Kristeen Hernandez aka Lady2Soothe Follow @OurVoicesEcho
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An informed opinion demands familiarity with both sides of an issue. Let’s start from the beginning; this was land belonging to Indigenous from time immemorial; Native lands and Reservations are not synonymous. In 1851 land was guaranteed to the Sioux Nation. Keep in mind not all that land is part of the Reservation, but IT IS Native Land. Guess where the pipeline is? It’s in the lands that were guaranteed, but not part of the Reservation. So DAPL’s claim the pipeline doesn’t run through the reservation is true, but it has nothing to do with the whole truth, in other words DAPL is lying by omission. When you actually take the time to read the 1851 Treaty, you’ll realize the treaty has been ignored and violated over and over again. Pro-DAPL wants law and order right? The treaty IS the law. The treaty was never rescinded; it’s Native land, PERIOD. So when they’re talking about the property rights of the pipeline, DAPL doesn’t have any, can’t argue that, they’ve got to respect the law, the property rights, the treaty. Energy Transfer Partners NEVER got permission from the tribe, they have NO PROPERTY RIGHTS; it’s that simple.
First, the 1851 treaty the tribe is fighting to keep. The pipeline crosses that land….. Two, the 90 feet underwater crossing is under the water supply for the tribe no matter where the intake is. The new intake is downstream. Given a leak under water, and the oil floats to the surface entrapping itself through the column of water. It could be days or weeks before anyone even notices, which means a great deal of pollution such as we witnessed in the Gulf of Mexico takes place before anything can be done. Especially since the oil in the pipe will first saturate the soil and later the water column. Lots of oil in that pipe with no way really to recover it until it all surfaces….. Third, and is sorely missing from the multitude of words, is the wildlife endangered. The Natives do consider the wildlife, and it would be nice if the U.S. Fish and Wildlife Service did too. But then the FWS have pretty much sold out to extractive industries and stood by silently as fish and wildlife in the US continues to be decimated…… So anyone disputing these facts including DAPL needs to go back to the drawing board, because no one in their right mind trusts the government to protect the waters.
Signed on April 29, 1868 at Fort Laramie in the Wyoming Territory, guaranteeing the Lakota ownership of the Black Hills, and further land and hunting rights in South Dakota, Wyoming, and Montana. The Powder River Country was to be henceforth closed to all whites.
Public Law 85-915 85-916 and 85-923 September 2, 1958 | [H. R. 12662] 72 Stat. 1762
passed by the U.S. Congress, compensating the Standing Rock Sioux for tribal land flooded ten years prior to form Lake Oahe. Rights to all minerals below the lake were reserved for the tribe. Because of this, no corporate or government entity has a right to dig beneath the lake without permission of the tribe and is breaking the law in attempting it.
Public Law 85-915 An Act to provide for the acquisition of lands by the United States required for the reservoir created by the construction of Oahe Dam on the Missouri River and for rehabilitation of the Indians of the Standing Rock Sioux Reservation in South Dakota and North Dakota, and for other purposes.
Public Law 85-916 An Act to provide for additional payments to the Indians of the Crow Creek Sioux Reservation, South Dakota, whose lands have been acquired for the Fort Randall Dam and Reservoir project, and for other purposes. Public Law 85-923 An Act to provide for additional payments to the Indians of the Lower Brule Sioux Reservation, South Dakota, whose lands have been acquired for the Fort Randall Dam and Reservoir project, and for other purposes.
The drilling pad is on unceded territory (land never surrendered, relinquished or handed over in any way) of the Sioux Nation. The federal government acknowledged this as well as admitting the Sioux Nation never took the $108 million offered in 1944, which the fed’s put in a trust fund which has accrued interest and is now worth $1.3 billion. The Sioux are still saying “No thanks, we don’t want your money we want our land.” There is also additional land the government ceased from 1948 to 1953 for the construction of the Oahe Dam. In 1999 and 2000 congressional studies recommended the land be given back to the Sioux. The Dept. of Energy can return the land at any time and empty the trust fund for a sizable investment profit.
Now don’t try and argue the tribe ignored the meetings because all of the so called missed meetings were not missed. It was just reported as so. Nations would show up (all that is required) and be ignored and tromped over in favor of the pipeline. Multiple closed meetings. The 2007 Resolution by Standing Rock, which prohibited any pipeline in the treaty area, and not only that, scheduled meetings were moved without mention or notice, how we were told we couldn’t speak when bringing attention to various agenda’s yet not allowed to.
2014 Recorded meeting specifically stated by Tribal Chairman Dave Archambault II that while the pipeline crosses less than a mile north of the reservation boundary, the tribe recognizes its treaty boundaries and passed a resolution in 2012 opposing pipelines within the those boundaries. http://bismarcktribune.com/news/state-and-regional/audio-tribe-objected-to-pipeline-nearly-years-before-lawsuit/article_51f94b8b-1284-5da9-92ec- 7638347fe066.html Even though The Bismarck Tribune has scrubbed the article, they are as complicit as Sheriff Kyle Kirchmeier and Governor Jack Dalrmple. However “Meet the Youth; at the Heart of the Standing Rock Protests against the Dakota Access Pipeline – Internet USA News Today”
had the recording, you would have found it at approximately the 13 minute mark, however, this video too has now been scrubbed. Dave Archambault was very specific in the tribes stance against the pipeline.
The 1st, 2nd, 4th and 14th Amendments Rights have been infringed upon, ignored and violated and Bivens Actions, which the Supreme Court holds as a violation of one’s Fourth Amendment rights by federal officers are giving rise to a federal cause of action for damages for unlawful searches and seizures. Additionally Congress enacted 42 U.S.C. § 1983 in order to protect the rights guaranteed to all Americans by the 14th Amendment. Under Section 1983, a victim can file a lawsuit in federal court for police brutality.
Are those Amendments and rules of now void? As a US citizen, do YOU still have those constitutional rights? I’m sure you’d agree you’re concerned with your own rights being infringed upon, ignored and violated, right? So why are you willing to throw Indigenous rights away? How long do you think it will take before another group will come along and throw YOUR rights away? By ignoring the rights of other’s you’re giving silent consent to having your own rights violated. You do realize you’re actually advocating to abolish all the constitutional right afforded every US Citizen, including yourself, but you’re okay with that, right? You see you’re playing your part in the time honored tradition of getting rid of the people you find less than. Next year when you hear people complain about what happened at Standing Rock, don’t claim you “didn’t have anything to do with it, you’re tired of being blamed for your ancestors transgressions”, because your complicity and silence, ignoring the whole historical evidence-based argument is as much your fault as it is of your forefathers.
3 weeks of negotiating homelands, areas and how to conduct relations with the Federal Government. In 1852 the end the treaty was ratified by the US Senate by recognizing 12 tribes of the owners of a little over 1.1 million sq. miles of the west enveloping twelve western states and corral the future cities of Denver and Fort Collins, Kansas City, Billings, Cheyenne and Sheridan, Cody and Bismarck, Salt Lake City, Omaha and Lincoln, Sioux Falls and Des Moines, within one vast territory that was owned, as it had been since time immemorial, by Indian nations.
The treaty defines Sioux territory as across the Missouri River from the west bank to the east bank including the low water mark down the east bank. This treaty has been in effect for over 164 years.
On September 17, twenty-one chiefs representing the Sioux, Cheyenne, Arapaho, Crow, Mandan, Hidatsa, Arikara and Assiniboine signed the Horse Creek Treaty. Both sides agreed to the government’s right to “form roads and establish military posts” in Indian territory; terms for maintaining peace and for assigning reparations for losses on either side; indemnity for any prior destruction caused by the emigrants; The United States would give each tribe $50,000 worth of supplies and gifts annually to each tribe for damages; in return for safe passage and the right to establish military forts along the trails. In addition to these payments the often nomadic tribes agreed to make peace among themselves and honor traditional hunting grounds for winter and summer camps. On Sept. 17 all parties signed the treaty. Of course. Congress unilaterally reduced the terms of the treaty the following year from 50 years to 10 years.
The Horse Creek Treaty was considered a legally binding international treaty that was not to be broken. However, the U.S. government soon failed to fulfill its promises. It did not protect the hunting grounds and it increasingly demanded more land from the Indians. The young braves were impatient and angry seeing their lands shrink and their people sinking in hopelessness. In 1854, tension erupted into warfare at a large Brulé village near Fort Laramie, where 4,000 natives awaited their overdue government annuities – the annual payments due them under the 1851 Treaty.
By 1864 the treaty was no longer being honored by either party, and the breakdown of the treaty contributed to the “Indian Wars of the 1870s-1890s”.
A new treaty at Fort Laramie was written in 1868. This treaty was to bring peace between the Whites and the Sioux who agreed to settle within the Black Hills reservation in the Dakota Territory. The United States recognized the Black Hills as part of the Great Sioux Reservation, set aside for exclusive use by the Sioux people. In 1874, however, General George A. Custer led an expedition into the Black Hills accompanied by miners who were seeking gold.
The United States would continue its battle against the Sioux in the Black Hills until the government confiscated the land in 1877. To this day, ownership of the Black Hills remains the subject of a legal dispute between the U.S. government and the Sioux.
TREATY OF FORT LARAMIE (1868)
ARTICLES OF A TREATY MADE AND CONCLUDED BY AND BETWEEN
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
1 quart of oil contaminates 250,000 gallons of water. Methane de-aerates the water.
In 2 Years, Energy Transfer Partners, the company Behind DAPL Reported 69 Accidents, Polluting Rivers in 4 States. The report lists 42 oil spills, 11 natural gas spills, nine gasoline spills, three propane spills, two “other” spills and two “unknown” spills. The 69 accidents led to eight injuries and five evacuations. There were 220 ‘Significant’ Pipeline Spills in 2016, more than 176,000 gallons of oil spilled in western North Dakota in Dec. 2016 alone.
There are 2.5 million miles of pipe, 55% of the U.S. network i.e. 135,000 miles are more than 45 years old. Based on data from the Pipeline and Hazardous Materials Safety Administration (PHMSA), the number of significant pipeline incidents grew 26.8 % from 2006 to 2015. A significant incident is defined as one that results in serious injury or fatality, costs more than $50,000, releases more than five barrels of volatile fluids such as gasoline or 50 barrels of other liquids, or results in a fire or explosion. In 2015, there were 326 such incidents—almost one per day. Of 466 incidents studied only 22 percent, or 105, were detected by advanced detection systems, ALL others were found in different ways, with the public finding 99 of the leaks.
Since 2010, over 3,330 incidents of crude oil and liquefied natural gas leaks or ruptures have occurred on U.S. pipelines. These incidents have killed 80 people, injured 389 more, and cost $2.8 billion in damages…. Dec. 13, 2016 Colorado a 6-inch fiberglass gathering line (byproduct of oil and gas extraction) pipeline leaked into local water in Saul’s Creek which is an intermittent stream flowing into Beaver Creek which meets the Los Pinos River shutting down 17 wells and an earthen dam, AND on Wed. Jan. 25, 2017 a 12-inch underground pipeline initially spotted in a farm field in north-central Worth County, Iowa leaked nearly 140,000 gallons of diesel. Feb. 7, 2017 an 8-inch pipeline owned by Hilcorp Alaska, LLC began leaking natural gas which is dissolving in the water. Feb. 16, 2016 in North-Central Iowa a 12” pipeline bursts and spilled over 130,000 gallons of diesel, Feb. 22, 2017 Hanlontown, Iowa, the Magellan Pipeline leaked 138,600 gallons of diesel fuel and Feb. 23, 2017 a six-inch line operated by Belle Fourche Pipeline leaked into the river northwest of Belfield in Billings County. By the time it was shut down, oil had traveled about 2.5 miles down the river. Or what about the Feb. 7, 2017 Hilcorp 8-inch undersea pipeline leaking at a rate between 210,000 and 310,000 cubic feet of gas a day, so don’t attempt to tell me how safe pipelines are. Creating a second Flint Michigan and killing people with environmental waste is not the way to make America great.
Map Displays Five Years of Oil Pipeline Spills http://tinyurl.com/j598jjs
America’s Dangerous Pipelines https://youtu.be/3rxqUXqPzog
When researching the routing of DAPL a PER CAP IMPACT INDICATOR and PROJECT THRESHOLDS STATISTICAL OBSERVANCE of how many people would be affected by a leak north of Bismarck the PER CAP IMPACT INDICATOR stated Bismarck had a relatively large amount of people who would be affected, however the number of people affected by a leak in Lake Oahe was listed as zero. What this means they felt is there was not one single person out of 18 million people who would be directly affected WHEN the pipeline breaks who were even considered.
The questions not asked were: How would the Dakota Access Pipeline be different from other pipelines? How a will leak impact the soil? How long is it expected to take before it starts leaking? Being under Lake Oahe how long before someone even notices the leak?
Every time the earth is drilled, she cries a little tear…
News Articles and Updates ~ Oceti Sakowin
You Tube Video Archive ~ Standing Rock
How You Can Help Standing Rock? #NODAPL
Standing Rock history
Without Water We Can Not Exist
Stories from the Frontlines ~ Standing Rock
Atrocities at Standing Rock and Police Weaponry
Trusted News Sources ~ Standing Rock
Standing Rock Camps #Water Is Life