STAND WITH STANDING ROCK
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“M
y people stand for the water, and they attack us. My people stand up for the graves of our people, and they attack us. My people stand up for our sacred places, and they attack us. My people pray, and they stop us, dragging us from our prayer, and throw us in the dirt. I know this is America- this is the history of my people. America has always walked through the blood of my people. How can we stand in the face of violence? Because I was born to this land, because the roots grow out of my feet, because I love this land and I honor the water. Have we not learned from history? I pray for each of the people who stand up. We can not live like this anymore. It has to stop- my grandchildren have a right to live. The world has a right to live. The water, the life blood of the world has a right to live. MNI WICONI, WATER OF LIFE. PRAY FOR THE WATER, PRAY FOR THE PEOPLE. STOP DAKOTA ACCESS- KILLER OF THE WORLD.” -Ladonna Bravebull Allard of Sacred Stone Camp
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INTRODUCTION
An Overview of #NODAPL movement and the Intent of this Publication
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rom the occupation of a prayer camp called Iŋyaŋ Wakháŋagapi Othí -- the Sacred Stone Camp -- established in April of 2016 by LaDonna Brave Bull Allard of the Standing Rock tribe, the #NODAPL movement has tremendously expanded and continues to grow daily – as a gathering of water protectors from hundreds of tribal nations and countries standing in solidarity against the pipeline. The message that has drawn people to come together in the exchange, participation and observation of communal prayer is the knowledge that Water is Life. And it is the inarguable attack upon Life that has caused the water protectors to organize in nonviolent direct action against Dakota Access. Water protectors literally stand, and live, in the path set for the Dakota Access Pipeline, blocking construction with their bodies. Law enforcement departments from five states and the National Guard have been called in to intimidate, attack, arrest, and forcibly remove protectors with riot gear and military tanks. County, state, and federal government officials have failed to condemn these acts of excessive force, choosing instead to side with corporate interests. The #NODAPL movement of Standing Rock continues to stay strong in the face of these injustices through prayer that roots protectors in love and healing. As the winter comes closer, Dakota Access will push harder still to put the pipeline through at all costs. However, with a strong organization of people who have decolonized their minds from the acceptance of capitalist greed, and who react to the gravity of this global threat to Water – to Life – we will defeat the Black Snake. We hope this publication serves as an educational guide to help expose the depth of genocidal devastation wrought by conspiring forces of domination. In solidarity with the long history of indigenous resistance in America against these forces, we highlight the details of the uprising at Standing Rock. We want to connect you with the already vast wealth of resources distributed and created by the Standing Rock Sioux Tribe, The Red Warrior and Sacred Stone Camps, and other key players such as the Standing Rock Solidarity Support Network, Indigenous Environmental Network, Honor the Earth, etc. We put this zine together so you can better support in this fight, best be of service, and navigate your role as an ally and accomplice to the indigenous people on the front lines, and as an individual affected personally by the destruction of Mother Earth.
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SOME KEY TERMS The Seven Council Fires: Oceti Sakowin Oyate, or the Great Sioux Nation, is historically made up groups of Native American people representing the seven “council fires” or tribal nations. The fires were formed out of the Fort Laramie Treaty of 1851 which gave the tribes protected land rights. Terroristic wars waged by the US government displaced them onto reservations. In essence, stealing land, resources, and lives. The seven fires by name: “Bdewakaŋtoŋwaŋ, The Spirit Lake People (Mdewakanton); Waĥpekute, The Shooters Among the Leaves People (Wahpekute); Waĥpetoŋwaŋ, The People Dwelling Among the Leaves (Wahpeton); and Sisitoŋwaŋ, People of the Fish Village(s) (Sisseton), are referred to as the Santee or Eastern Dakota. Ihaŋktoŋwaŋ, Dwellers at the End (Yankton); and Ihaŋktoŋwaŋna, Little Dwellers at the End (Yanktonai), are referred to as the Western Dakota or often as the Nakota; and the Tituŋwaŋ, Dwellers on the Plains (Teton) are called Lakota.” The Seven Council Fires came together last in 1876 to defeat the US Army at the Battle of Little Big Horn (or Custer’s Last Stand), a major battle of the Sioux Wars. The seven fires had disassembled after Little Big Horn until now today at Standing Rock where they have reunited. Sioux: The groups of Native American peoples within the Great Sioux Nation, which is comprised of three major divisions based on language: the Dakota, Lakota, and Nakota.
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Sacred Stone: The camp named for the large, smooth grandfather stones that were once plentiful in that part of the Missouri River and used regularly in sweat lodge ceremonies. When settlers first colonized the area they named the town “Cannonball” after these sacred grandfathers, though they did not see them as such. After the Army Corps dammed the river these stones no longer grew out of the Missouri’s steam. Rosebud: This camp’s name references the Battle of The Rosebud, which took place on the banks of the Rosebud Creek; where the Rosebud Sioux have their reservation today. This prominent battle in the Great Sioux War was fought when U.S forces invaded Treaty of Fort Laramie territory to forcibly move tribes to reservations and take over the sacred Black Hills land for the purposes of mining gold. Turtle Island: Name given to North America by many indigenous peoples.
This is the seventh fire, this is when they welcome people of all races back to the fire, and reground ourselves to the spiritual way. -John Wathen, Hurricane Creekkeeper, water protector at Standing Rock
Had we let them starve to death, and freeze to death, the ones that first came here, none of this woulda happened. But we’re good people, we care about life. Life is very sacred to us. It’s wakan. And it’s very sacred. And, because of that, we befriended them. And they turned around and killed us, for our friendliness. -Repa, Granddaughter of Woodrow Wilson Miller – a boarding school survivor at Pine Ridge Reservation, water protector at Standing Rock
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Seven Fires Prophecy: The Anishinaabe prophecy that tells the phases or eras, that life on Turtle Island will go through. In the seventh fire, which we are in now, the prophet says: “In the time of the Seventh Fire New People will emerge. They will retrace their steps to find what was left by the trail. Their steps will take them to the Elders who they will ask to guide them on their journey. But many of the Elders will have fallen asleep. They will awaken to this new time with nothing to offer. Some of the Elders will be silent because no one will ask anything of them. The New People will have to be careful in how they approach the Elders. The task of the New People will not be easy. If the New People will remain strong in their quest the Water Drum of the Midewiwin Lodge will again sound its voice. There will be a rebirth of the Anishinabe Nation and a rekindling of old flames. The Sacred Fire will again be lit. It is this time that the light skinned race will be given a choice between two roads. One road will be green and lush, and very inviting. The other road will be black and charred, and walking it will cut their feet. In the prophecy, the people decide to take neither road, but instead to turn back, to remember and reclaim the wisdom of those who came before them. If they choose the right road, then the Seventh Fire will light the Eighth and final Fire, an eternal fire of peace, love brotherhood and sisterhood. If the light skinned race makes the wrong choice of the roads, then the destruction which they brought with them in coming to this country will come back at them and cause much suffering and death to all the Earth’s people” Black Snake Prophecy: Lakota Prophecy that states that a Black Snake will come to Turtle Island with the potential to end the world. “If the Black Snake comes across our land our world will end...” this is happening now and we must join them in defending against the Black Snake and make sure it does not happen.” -- Ken Bear Chief~Ni’ka Wussah (Gros Ventre/Nez Perce/Nooksak) White Buffalo Calf Prophecy: “The white buffalo calf holds special significance to American Indians- especially the Oceti Sakowin (The People of the Seven Council Fires, also known as the Lakota, Dakota and Nakota, or the ‘Sioux’). As it is a crucial part of the teachings and prophecy of White Buffalo Calf Woman, the white buffalo calf is considered a sacred omen of change. According to legend, the White Buffalo Calf Woman was a holy entity that visited the Oceti Sakowin over a four-day period about 2000 years ago. White Buffalo Woman, or PtesanWi, as she is called in the Lakota language, taught them sacred ceremonies, songs, and dances. She gifted the people with a sacred bundle containing the White Buffalo Calf Pipe, which still exists to this day and is kept by Chief Arvol Looking Horse of the Cheyenne River Sioux Tribe.” (Native Heritage Project)
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“This hopefully awake the eyes up of people all over the world, and open the eyes of the corporate world so that they can stop polluting, stop contaminating, stop poisoning our, our lands and water. Cause everybody needs us here. Cause ah, all the rockets in the world can’t get all of us to a safe, another world, you know. We have to take care of this one that we are living on right now.” - Ivan Looking Horse, Cheyenne River Sioux elder, water protector at standing Rock
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THE PLAYERS The Dakota Access Pipeline: DAPL, a private pipeline, would run about 1,170 miles from the Bakken oil patch in western North Dakota to Illinois, transporting nearly 500,000 barrels of crude oil per day and costing $3.8 billion dollars. The original proposed route for the pipeline passed just north of Bismarck, but the citizens were able to block that proposal. They cited fears of the pipeline’s effects on Bismarck’s water supply, asserting classic NIMBY attitude and privilege of a 95% white city. The new pipeline route is now planned to cross through Standing Rock Sioux sacred lands “including crossing Lake Oahe, tributaries of Lake Sakakawea, the Missouri River twice, and the Mississippi River once” (cited: NYC Stands With Standing Rock). The pipeline now threatens to contaminate the Missouri River, which not only provides drinking water to the Standing Rock Sioux reservation, but also to over six million people living downstream. According to chairman of the Standing Rock Sioux Tribe David Archambault II, “The first draft of the company’s assessment of the planned route through our treaty and ancestral lands did not even mention our tribe.”
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State of North Dakota: North Dakota Gov. Jack Dalrymple, called a State of Emergency on September 13th, calling on the ND National Guard to aid state and county law enforcement to suppress water protectors at Standing Rock. He and his cronies have many personal ties to the oil industry, and Dalrymple currently serves as an adviser to the Trump campaign. Notably, ND ranks second in oil production in the United States. (see: “Violence” section for info on police brutality and court injustice) Standing Rock Sioux Tribe: “The Standing Rock Sioux Reservation is situated in North and South Dakota. The people of Standing Rock, often called Sioux, are members of the Dakota and Lakota nations. “Dakota” and “Lakota” mean “friends” or “allies.” The people of these nations are often called “Sioux”, a term that dates back to the seventeenth century when the people were living in the Great Lakes area. The Ojibwa called the Lakota and Dakota “Nadouwesou” meaning “adders.” This term, shortened and corrupted by French traders, resulted in retention of the last syllable as “Sioux.” There are various Sioux divisions and each has important cultural, linguistic, territorial and political distinctions.” Standing Rock Sioux Tribe website “The Sioux people signed treaties with the United States government in 1851 and 1868, both of which were broken “before the ink was dry”. On September 3rd, 1863, the U.S. Army burned the homes of and killed more than 300 Sioux in the Whitestone Massacre. In 1958, the Army Corps of Engineers dammed the Missouri River, causing major flooding of the riverfront, fertile farmland and fruit orchards -- creating Lake Oahe. The flooding further displaced the people of the tribe and much economic infrastructure and many homes, native-owned businesses and livelihoods were lost. The U.S government then moved the communities into lowincome housing projects they could never own and moved the tribe up onto the hills of infertile clay-based soil, destroying the natives ability to grow and provide food for themselves. The tribe has been trying to navigate and use the “lawful” democratic and legal processes to fight for their rights. The Tribal Historic Preservation Office began sending inquiries about the pipeline proposal when they first heard it was seeking approval through USACE and expressed concern about its proximity to the reservation and effects on cultural artifacts and drinking water. Standing Rock Tribal Chairman David Archambault II helped build a lawsuit against Energy Transfer Partners and the federal government. He has since been sued by ETP for interfering with the pipeline and has been arrested. .
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The US Army Corps of Engineers (USACE): The proposed pipeline traverses navigable water at 204 points and therefore required federal approval. The USACE, a federal regulatory agency, conducted an Environmental Assessment for the Missouri River crossings at Lake Oahe and released a finding of No Significant Impact. Therefore, another longer and more detailed Environmental Impact Statement (EIS) did not have had to be conducted. Preparing an EIS can take several years, while an EA is much less thorough or expansive and takes considerably less time to conduct. Not surprisingly, the USACE also has a history of notoriously streamlining permits for mountain removal coal mining, allowing coal companies to mine without an Environmental Impact Statement and providing easements to dump debris into valleys streams. The Nationwide Permit No. 12 process grants exemption from environmental reviews required by the Clean Water Act and the National Environmental Policy Act by treating it as separate construction projects so that the federal approval process only addresses the the portion of the pipeline that traverses federal land, instead of looking at the project as a whole. USACE must also act in accordance with the National Historic Preservation Act and investigate impact of projects before releasing permits. The tribe made attempts to contact the Army Corps of Engineers to request a full archaeological investigation without receiving any response. Without any input from the tribe’s historic preservation office (THPO), USACE drafted the EA in December of 2015 and granted permits falsely claiming that the THPO indicated the project would have no impact to tribe. After pressure from already drafting the EA, in February 2016, archeologists from the corps found prehistoric pottery shards, pieces of bone, and tools. In March, USACE received letters from USEPA, Dept of Interior and ACHP urging a better investigation of project’s effects on drinking water and preservation oversights. Instead, in April, the corps published “no historic properties” were affected. Energy Transfer Partners Inc., Enbridge Corporation, Marathon Oil: The 1100 mile, $3.8 billion Dakota Access Pipeline is funded by Dakota Access, LLC, a joint venture between the Energy Transfer Partners (Dallas, TX pipeline company), Sunocco Logistics, Enbridge and Marathon Oil. Enbridge, a canadian oil transporter known for transporting heavy crude oil extracted from tar sands from Alberta is responsible for the Line 6b oil spill in Michigan. Over 1 million gallons of oil leaked from the burst pipeline into the Kalamazoo River in July of 2010, making it one of the largest and costliest oil spills in the U.S. The DAPL project is directly financed by Citibank and 16 other powerful financial institution including Wells Fargo, Bank of America, DNB First Bank, Royal Bank of Scotland, and Bank of Tokyo-Mitsubishi. Activists have held demonstrations at some of these banks in towns around the country in solidarity with Standing Rock. Energy Transfer Partners will reportedly lose $1.4 billion in lost revenue if the pipeline is not constructed by the end of 2016.
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THE OCCUPATION CAMPS Indigenous peoples from across the world, representing over 100 tribes have gathered in solidarity with Standing Rock Sioux Tribe making it the largest unification of Native Americans in decades. Old alliances have reassembled and even tribes that have historically been in conflict have come together in defense of the Water. The camps are dedicated to prayer, nonviolent resistance, sobriety, trauma rehabilitation, and direct action principles. There are sacred fires where prayer offerings of cedar, sage, and tobacco can be given, and which firekeepers tend 24 hours a day. There are areas dedicated to healing and wellness, organizing resources and donations, food storage and cooking, pregnant women care, child care, media, legal work, and other community spaces. Iŋyaŋ Wakháŋagapi Othí, The Sacred Stone Camp, was launched in April by LaDonna Brave Bull Allard--, tribal historian of the the Standing Rock Sioux Tribe-- as a call to action and occupation of the land north of the Cannonball river. Some key features and projects of the camp include: windmills, a composting toilet, a water filtration truck, a biodome where music is played and recorded, a school, workshop sites for the creation of tipis and gazebo-style monolithic domes reinforced with water bottles for insulation for winter camping. The Rosebud Sioux Camp is located beside Sacred Stone right off of Highway 1806 and directly across the Cannonball River from Oceti Sakowin. The camp is named for the Rosebud Sioux Tribe. Many tipis are being sewn and mended by Rogue Dwellings in this camp. The Oceti Sakowin Camp, named for Oceti Sakowin -- Seven Council Fires -- is located off of Highway 1806 in the floodplain of the Cannonball river—stolen land that the Army Corps of Engineers considers federal property. Oceti Sakowin is by far the largest camp, with many tipis and tents to hold communal meals and gatherings. There is a central meeting hall, a medic area, sweat lodges, multiple operational kitchens, direct action training tent, and large donation storage tents. At the hill beside the parking is Media, or “Facebook Hill” where the media tent, legal support and Indigenous Environmental Network are located, as well as solarpowered charging stations.
Red Warrior Camp is one of the many small camps within Oceti Sakowin camp. It includes tribal camps like the Oglala, Lower Brule, Yankton Sioux, Cheyenne River Sioux, Two Spirit Camp, and many, many more.
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The configuration and organization of the camps are, of course, subject to change in the coming months. Regardless, in all elements of their formation the camps needs support to continue. They are are in constant need of volunteers in the kitchens, donations tents, weatherizing the structures, etc.
“We have never ceded this land. If DAPL can go through and claim eminent domain on landowners and Native peoples on their own land, then we as sovereign nations can then declare eminent domain on our own aboriginal homeland. We are here to protect the burial sites here. Highway 1806 has become the no surrender line.� -oye Braun, organizer with the Indigenous Environmental Network
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“They need to know that we are non-violent, because we are here on prayer.” -Feanette Black Bear, Lakota Elder, water protector at Standing Rock
“They’re all prayer camps. All of these are prayer camps. You sit up til, you know, midnight, and listen. All you hear is prayer songs and drums, prayer songs and drums.” -John Wathen, Hurricane Creekkeeper, water protector at Standing Rock
“There’s genetic healing going on here.” -Repa, Granddaughter of Woodrow Wilson Miller – a boarding school survivor at Pine Ridge Reservation, water protector at Standing Rock
“And I don’t really wanna pass the buck on to the next generation. So let’s just go ahead and team up and do whatever we need to do, to work as a tribe…” -Paul Freeman, Nashville, TN, monolithic dome builder, water protector at Standing Rock
“Standing Rock should be everywhere.” -Fiona Murphy, Rapid City, SD, water protector at Standing Rock
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VIOLENCE “This is most lawless bunch of law enforcement officers I’ve ever dealt with. Everybody up here is breakin’ the law except us.” -John Wathen, Hurricane Creekkeeper, water protector at Standing Rock
The warriors and water protectors have come into direct confrontation with the cruel face of colonial violence. The pipeline companies have the full force of the state on their side. This means that police have shown up to defend construction by any means necessary. Additionally, the pipeline poses a threat of incredible violence against their land and their people. Despite this, the water protectors are the ones that have been portrayed as violent and “unlawful” by local law enforcement, state governor, Dakota Access Pipeline and media. Meanwhile, a day after lawyers for the Standing Rock Sioux tribe filed papers showing how the land was a tribal burial ground, Dakota Access LLC. began bulldozing over prayer sites and ancestral gravesites. They brought hired private security guards that descended upon the land protectors with dogs and pepper spray. The dog handlers were untrained and unlicensed. The dogs, which were both leashed and unleashed, bit horses and were pushed into the crowd of nonviolent protesters, biting both women and children. Demonstrations continue to escalate. Police arrive en masse in full riot gear, helicopters, and armored vehicles. Officers have pointed automatic rifles directly at people. They have used percussion bombs, pepper spray, mace, tasers, random arrests, flash-bang grenades, and sound cannons while destroying tipis, beating protesters with sticks, and even shooting rubber bullets at the horses. At this point, hundreds have been arrested. Law enforcement from at least 5 states (North Dakota, South Dakota, Minnesota, Wyoming, and Nebraska) are working with DAPL security guards, the state government and the national guard. The Bill Clinton administration passed the Emergency Management Assistance Compact that allowed states to share law enforcement during emergencies. It’s intended to be used for natural disasters and has only been used twice in protests, once in the Baltimore demonstrations during
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summer of 2015 and on the Standing Rock reservation this year.
In October of 2016, at the request of local law enforcement, the Federal Aviation Administration issued a no fly zone for the airspace above the resistance camps for all aircrafts except for those used by law enforcement. This essentially allows police to continue to fly their surveillance drones (which circulate daily) and helicopters but blocks media drones and water protectors from flying their drones which have been documenting police activity, especially at demonstrations. Standing Rock Tribal Chairman David Archambault II called for a Justice Department investigation into the police tactics. Amnesty International has sent a human rights delegation to investigate. The real violence in this struggle has proven to be a coordinated effort between the state and ETP with passive support from the federal government.
“You know, native peoples have always found a duty in being protectors and caregivers-caregivers of this, you know, of this planet. But I think that that’s every race’s job. We all live here. We all drink the water. “ -Dallas Freeman, Salt River Pima, security and water protector at Standing Rock
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2016 ELECTION Kelcy Warren, the CEO of ETP, stated that incoming Donald Trump administration is “100 percent sure” the pipeline will be approved. This year, Warren donated $103,000 to the Trump campaign.Though the president-elect has yet to comment on the pipeline, his campaign financial disclosure forms reveal that he has a financial interest in its completion. He has reportedly invested between $500,000 and $1 million in Energy Transfer Partners.
“I support this cause that we have, but, ah, I also support the global effect. Ah, more needs to be acknowledged about what’s happening to our mother and the importance, that, you know, you’re, you’re digging in our church, you’re walking on our graves, you know. Every day, buildings are put on top of our bones and people forget all about it.” -Dallas Freeman, Salt River Pima, security and water protector at Standing Rock
MEDIA Though the occupation began in the spring, major news sources only began giving it limited coverage in September, after Democracy Now’s coverage of the Sept 3 demonstrations about the dog attacks went viral. Major and local news sources have depicted the water protectors through state and Morton County Sheriff Department descriptions as “violent,” “unlawful,” and “engaging in rioting.” Cell service is limited at the camp and law enforcement has interfered with cell signals during demonstrations, knowing that live streams and social media would be used to monitor cop behavior. Local law enforcement has also fired at unmanned media drones and are being investigated by the FAA (Federal Aviation Authority) for violating federal law in this case. Facebook has been filtering posts about the #NODAPL, not allowing some to be published. Many journalists have been targeted for their coverage of the nonviolent protests surrounding the pipeline, including Amy Goodman from Democracy Now and documentary filmmaker Deia Schlosberg. At least 4 journalists from the independent media outlet, Unicorn Riot, have been arrested during demonstrations.
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NORTH DAKOTA WATER CULTURAL IMPORTANCE
The proposed DAPL crosses under the Missouri River half a mile upstream from the Standing Rock Sioux Reservation, threatening the safety of the tribe’s drinking water. Additionally, DAPL construction has bulldozed a two-mile section of the Standing Rock tribe’s sacred burial grounds. “Mni Wiconi,” means “water is life” in Lakota: water is the first medicine of American indigenous people and is a sacred resource as the giver of life to all beings (2). Water protectors from many tribes across the country have joined to defend this sacred resource and preserve it for the next seven generations. This protest is considered to be one of the largest showings of solidarity among Native American tribes in history with more than 100 tribes represented at Standing Rock. In February 2015, the US Army Corps of Engineers consulted Standing Rock’s Tribal Historic Preservation Office about the DAPL project to consult the tribe on the pipeline’s impact. After the THPO requestsed a full archaeological investigation, the USACE ignored their multiple correspondences and moves forward with the project in April 2016, having stated that there are no significant environmental impacts to be worried about (see timeline page for details). The DAPL violates article 2 of the 1868 Fort Lamarie Treaty which states that the Sioux tribe is guaranteed the “undisturbed use and occupation” of the Standing Rock Indian Reservation, their permanent homeland. The United Nations’ Permanent Forum on Indigenous Issues recently stated that the failure to properly consult the Sioux tribe on the pipeline is a violation of the Declaration on the Rights of Indigenous Peoples, which President Obama signed in 2010.
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KEY DATES 2/17/16: US Army Corp of Engineers sends a letter to Tribal Historic Preservation Office (THPO) as required to consult with tribes about potential impacts. THPO sends two letters requesting a full archaeological investigation. The letters are ignored. Dec. 2015: The Army Corp publishes an environmental assessment (EA) stating that the Standing Rock THPO agreed that the pipeline would avoid any cultural/historical sites. 4/22/16: Despite letters of concern from the EPA, the Dept. of the Interior, and the American Council on Historic Preservation, the Corps ends the investigation. 7/25/16: The Corp issues a fast-track permit (Permit 12) to continue the construction of the pipeline, meaning that no further environmental or cultural investigation is deemed necessary. 7/27/16: Standing Rock Sioux Tribe files a lawsuit against the Dakota Access Pipeline in Federal District Court. 9/2/16: Standing Rock Sioux Tribe (SRST) submitted court documents, with coordinates, declaring archaeologically and culturally significant sites on the path of pipeline construction.
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9/3/16: While the land is still being contested in federal court, less than 24 hours after SRST’s filing, Dakota Access desecrated and destroyed the sites described in SRST’s declaration. Energy Transfer Partner’s bulldozers destroy a 2 mile long, 150 foot wide path over ancient burial sites, places of prayer, and other significant cultural artifacts. Protestors enter the construction site to prevent further destruction. Private security attack protestors with dogs and mace. Amy Goodman reports on protest for Democracy Now! 9/6/16: US District Judge James Boasberg ordered a temporary halt to construction on a portion of the pipeline. More than 100 tribes are present at the protest, making it one of the largest Native American protests in history. 9/12/16: US District Judge James Boasberg denies Standing Rock Sioux’s request for an injunction. The Dept. of Justive Dept. of the Army, and Dept. of the Interior issue a joint statement refusing to authorize construction in the Lake Oahe area, near the protests. They ask for the Energy Transfer Partners to voluntarily cease construction within 20 miles of the region until it can be determined if the construction violates the National Environmental Protection Act.
10/10/16: Dept. of Justice, the Interior, and the Army issue second joint statement refusing to authorize construction permits and urging ETP to voluntarily cease construction. ETP continues construction anyway. 10/24/16: As confrontations between Tribal water protectors and an increasily militarized construction effort heart up, Tribal Chairman Dave Archambault II calls on the Deptarment of Justice to conduct an investigation into heavy-handed police tactics and violations of civil rights.
11/14/16: The US Army Corp of Engineers announces they are delaying an easement for the Dakota Access Pipeline project until it conducts further environmental review with the Standing Rock Sioux. 11/15/16: Energy Transfer Partners, the company behind the Dakota Access Pipeline files a lawsuit charging the US Army Corp of Engineers has no right to delay easement to pipeline construction.
11/2/16: An independent expert hired by the Standing Rock Siox Tribe (Richard Kuprewicz of Accufacts, Inc., a consulting firm that advises government agencies and industry about pipelines) finds that the government’s environmental assessment of the Dakota Access pipeline’s environmental impact was inadequate. 11/10/16: The Department of Justice announces in federal court that it will be annoucing the next steps on a path forward for the Dakota Access Pipeline crossing at Lake Oahe.
The resistance continues...
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LEGAL STUFF What does the law say?
CLEAN WATER ACT (1972) Section 301: “Except as in compliance with [six sections including section 404], the discharge of any pollutant by any person shall be unlawful” Section 404 permits: 404(a) authorizes individual, specific permits for discharge of dredged or fill material into navigable waters 404(e) authorizes issuance of general, nationwide permits (GNP) for same discharges There are 3 requirements for GNPs: Activities in the category are similar in nature, Will cause only minimal adverse environmental effects when performed separately and, Will have only minimal cumulative adverse effect on the environment. The problem? The Clean Water Act allows for sweeping permits across large spaces, in this case North Dakota to Illinois, without regional environmental, social, or indigenous audits. SECTION 404 PERMITTING UNDER THE CLEAN WATER ACT Nationwide Permit 12: Authorizes “the construction, maintenance, repair and removal” of pipelines throughout the nation, where activity affects no more than a half-acre of regulated waters at any single water crossing Includes General Conditions (e.g.) GC 17: can never impair reserved rights of tribes, including reserved water rights GC 20: requires agency pre-approval for any activity that “may have the potential to cause effects to any historic properties… including previously unidentified properties” of cultural or religious importance to a tribe
The problem? The sweeping permits obtained for the Dakota Access Pipeline meet the general, nationwide requirements but IGNORE the general conditions outlined in Section 404 of the Clean Water Act and the rights of the Sioux tribe to clean water and preservation of ancestral burial grounds (even ones the tribe didn’t know about!)
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SECTION 106, NATIONAL HISTORIC PRESERVATION ACT (NHPA) 54 U.S.C section 306108 The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State … prior to the approval of the expenditure of any Federal funds on the undertaking … shall take into account the effect of the undertaking on any historic property… The problem? The federal government had to approve the Dakota Access Pipeline, even though its construction is currently taking place in North Dakota. Prior to the approval for the pipeline, they were supposed to take a look at potential damage to historic property. They didn’t. SECTION 106, NATIONAL HISTORIC PRESERVATION ACT (NHPA Agency Power to Determine No Effect) The agency official shall determine whether the proposed Federal action is an undertaking as defined in Section 800.16(y) and, if so, whether it is a type of activity that has the potential to cause effects on historic properties. If the undertaking is a type of activity that does not have the potential to cause effects on historic properties, assuming such historic properties were present, the agency official has no further obligations under section 106 or this part. The problem? Per section 106, the Advisory Council on Historic Preservation (ACHP), composed eight people appointed by the President, has complete control over deciding whether or not a pipeline would interfere with a historical site. The council is chaired by a white male, and the only indigenous representation on the advisory council is one required, appointed member of an Indian Tribe or Native Hawaiian organization, currently Leonard A. Forsman. That’s a mere NINE people deciding whether or not the burial grounds of the Sioux are worth historical preservation and NINE people deciding if the pipeline is going to disrupt the remains. Nine. SECTION 106, NATIONAL HISTORIC PRESERVATION ACT (NHPA Tribal Consultation Mandate54 U.S.C. section 302706(a)-(b) In carrying out its responsibilities under [NHPA Section 106], a Federal agency shall consult with any Indian tribe … [regarding property of traditional religious and cultural importance to the tribe] … The problem? This required consultation literally never took place.
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SECTION 102(2)(C), NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (NEPA) (2) All agencies of the Federal Government shall… (C) include in every recommendation … on proposals for … major Federal actions significantly affecting the quality of the human environment, a detailed statement (“EIS”) by the responsible official on… (i) The environmental impact of the proposed action (ii) any adverse environmental effects which cannot be avoided should the proposal be implemented (iii) alternatives to the proposed action (iv) the relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity, and (v) any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. The problem? No one has sufficiently looked into the high-risk repercussions of an oil spill under the Missouri River, which supplies water to eight million people. It is not a question of if the pipeline spills, but when. WHEN FEDERAL AGENCIES ARE UNCERTAIN ABOUT THEIR OBLIGATION TO PREPARE AN EIS (ENVIRONMENTAL IMPACT STATEMENT) A full EIS is required for a “major federal action significantly affecting the quality of the human environment” If “significance” is in doubt, the agency must prepare a concise EA, or Environmental Assessment The EA either concludes that the federal action is significant and an EIS is warranted, or it makes a Finding of No Significance (FONSI) The problem? Standing Rock Reservation is an area of significance, but there is insufficient research on the environmental impacts that would be caused on the reservation if the Dakota Access Pipeline is completed. SECTION 14, RIVERS AND HARBORS ACT OF 1899 33 U.S.C. section 408 ...the Secretary [of the Army] may, on the recommendation of the Chief of Engineers, grant permission for the alteration … of any [federal public work constructed for navigation or flood control] … when in the judgement of the Secretary such occupation or use will not be injurious to the public interest and will not impair the usefulness of such work. The problem? There is power and law out there to prevent this very action from happening, but they are staying silent.
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THE BOTTOM LINE? The government ignored existing U.S. laws in order to grant permits for the DAPL in blatant violation of historical preservation and environmental assessment requirements. Indigenous rights and autonomy have not been considered or given due attention and legitimacy.
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WHAT DOES IT MEAN FOR A SPACE TO BE FOUNDED ON PRAYER? TO BE FOUNDED ON LOVE? “We are not truly sovereign nations until we can feed ourselves�
-Eagle Woman, Kandi Mossett, of the Indigenous Environmental Network speaking at Cannonball Town Hall Meeting on Winter Preparation Prayer Camps Oct 16, 2016
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e must heal ourselves to heal the Earth to heal each other.
We must go into rehabilitation. This means weaning ourselves off of all the drugs. This means going cold turkey. No more money. No more drugs. No more war. No more state. No more industrialization. We must love now. We must stop participating in the system. We must leave entirely. Where there is no rule. Who has power over us? Only Mother Nature. Who has authority? We all do, all have the authority to love. That is all. We must learn to be self-sufficient again. To live as a part of the Earth. Build our own shelter. Grow our food. Form our community.
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We can only do this my making the firm decision to leave Western civilization. Civilization entirely. To cure ourselves of this disease. We must practice consent radically. We did not consent to live under the State. When we were born, we did not consent to industrialization, being ripped away from our Mother. We must ask everyone for the support we need, and we will be healed. When you ask someone to share their life with you, and they consent, something is opened. They have permitted you to listen, and you have permitted them to speak. They have permitted you to know, and you’ve permitted them to express. What we chose to say in that moment, what we chose to hear, now matters. Because we’ve agreed that it matters, that it is true, that it is happening. Whatever is spoken is real, whole necessary. When we reach that state of mind, we are in prayer, We see our relation to one another as sacred. It does not mean that we do not inhabit the world of capitalism and greed. It does mean that we resist. And in doing so create a bridge, As we enter into, A World Founded on Love, One that predates the systems of oppression we see today, One that started in the beginning, Known in the many teachings of indigenous peoples, Which they have carried with them for thousands of years, Sustaining Spirit, Water, Life, With prayer.
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FINAL THOUGHTS Mni Wiconi. Nibi shaa biimaadziwaan. Water is life. This struggle goes to the most fundamental human experience that all of us share: the need for water. We as indigenous people have been struggling against settler colonialism, the seizure of our land, the stripping of our human rights and our basic dignity since the founding of this nation. Our existence is at odds with America’s Manifest Destiny. The fight against the Dakota Access Pipeline is so much more than one tribe or one river. It is about Indigenous people rising up to protect our humanity in the same way that our ancestors did for us. Indigenous people are still alive today as a result of generations of resistors who dared to defy the tyranny of the colonial advance. We are still here today because our ancestors sacrificed their lives so that we might have a chance. A chance to grow up in our homelands, a chance to learn from our elders and to teach our children. This is our birthright. It is our responsibility to honor them through resistance. For our non-native allies, it is important to remember: you’re on Native land; we’re still here and we’re not going away. The most important act of allyhood that a non-native can do is to remember this. Remember that Indigenous people deserve respect that has too often been denied to them. The root cause of the violence against Native people is their erasure from mainstream society. We are nothing more than a mascot or a Halloween costume to most people. The denial of our humanity at a micro level leads to horrendous human rights violations. The Dakota Access Pipeline is a visceral example of this. It is within our collective power to push back against this. As a non-Native, you have the unique opportunity to influence your peers in a way that Native people do not. Talk to your friends and family about why we have to stop Dakota Access and shut down Line 5. Listen to Native people when they tell you what is important to them. Indigenous people have fought hard, and we will continue to do so. But our place in this society and in the world, has never been more uncertain. As fascism rises in the US it is up to us to continue to defy it. We must continue to defend our sacred land and water. We are going to need all the help we can get. -Zhaabadiis Bedoske, Anishinaabe
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RESOURCES
adapted from standingrocksolidaritynetwork.org
Readings from Standing Rock Solidarity Trainers (Solidariteam) if you are thinking about going in person FIGHT THE PIPELINE! found on standingrocksolidaritynetwork.org
-“If you’re thinking of going to Standing Rock by Standing Rock” -“Oceti Sakowin Camp Protocol by Oceti Sakowin elders” -“Joining Camp Culture by Standing Rock Solidarity Trainers” -“How to talk about #NODAPL: A Native Perspective” by Kelly Hayes
STAY UP TO DATE ON ON CURRENT CONDITIONS AND NEEDS! Official websites
ocetisakowincamp.org sacredstonecamp.org **both have legitimate fundraising pages**
On Facebook:
Oceti Sakowin Standing Rock Protectors Sacred Stone Camp
Other Resources:
Indigenous Environmental Network Honor the Earth Idle No More
Visit standingrocksolidaritynetwork.org for more information on going to Standing Rock and other ways you can contribute to the resistance!
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SHOUTOUTS
To all the water protectors out there! We couldn’t have created this without Unicorn Riot, Democracy Now! and all the other rad independent news sources and folks on the ground who have been working hard to get accurate coverage and information out to the world!
cover image by Dylan Miner Michigan Solidarity No DAPL michsolidaritynodapl.tumblr.com michsolidaritynodapl@umich.edu
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