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NEWSLETTER
Page 1
MOST RECENT HEADLINES

LAST UPDATED 17 FEBRUARY 2017

SENAA International  
STANDS WITH STANDING ROCK
NO DAKOTA ACCESS PIPELINE (DAPL)

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Go Here to Connect with Other Past Articles Regarding
Standing Rock #NoDAPL: September - October 2016
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Standing Rock #NoDAPL: November 2016
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Standing Rock #NoDAPL: January 2017
Eviction Threats Loom as Hundreds Remain at #NoDAPL Camps
Unicorn Riot  -  17 FEB 2017
    Oceti Sakowin, ND – On the morning of Thursday, February 16th, Ladonna Brave Bull Allard, Standing Rock tribal member, landowner and founder of Sacred Stone Camp, was served an eviction notice for Sacred Stone Camp by agents of the Bureau of Indian Affairs. She reportedly has ten days to show that she is not trespassing on her family’s historical land.
    On Wednesday, February 15th, the militarized barricade erected by the Morton County Sheriff on Backwater Bridge on Highway 1806 was moved several yards closer to the main camp near the Dakota Access Pipeline route. The perimeter of armed North Dakota personnel with military vehicles, surveillance teams and floodlights are now within a stone’s throw of the outskirts of the Oceti Sakowin encampment.
    The Army Corps of Engineers had recently issued a February 22nd evacuation deadline for everyone camped at Oceti Sakowin, after which they said they would forcefully evict anyone remaining. North Dakota Governor Doug Burgham issued an evacuation order calling on all present at the Oceti Sakowin camp to leave immediately, stating that the date of February 22 set by the Corps was not soon enough.
    Cleanup has been ongoing for weeks now at Oceti Sakowin and construction crews continue to work all day to clear debris from the floodplain. The camp has shrunk in population considerably in the last few months, with an estimated 500-700 people remaining....
Sacred Stone Camp Given Trespass Notice
by Lauren Donovan and Caroline Grueskin, Bismarck Tribune  -  17 FEB 2017
    The Bureau of Indian Affairs issued a trespass notice to pipeline opponents living at the Sacred Stone Camp — the original protest camp established near the small reservation town of Cannon Ball in April.
    The notice was given to camp founder LaDonna Brave Bull Allard and protesters on Thursday, saying the camp is unauthorized. That's because a two-thirds share of the 370-acre parcel is owned by the federal government in trust for the Standing Rock Sioux Tribe, which has not authorized people to live there, according to the notice. Allard has claimed family ownership of the camp land, but a BIA title status report from January found she has a 1/15th interest.
    The notice says her beneficial interest does not release her from trespass liability.
    In a video posted online Thursday night, Allard countered that she believed the tribe had given authorization through a resolution passed in support of the camp. The council voted 11-0 in favor on June 8, 2016.
    "They are wrong," Allard said. "Maybe tribal council forgot they passed a resolution to support Sacred Stone."...
Judge Dismisses Trespass Cases Midway through Trial
by Caroline Grueskin, Bismarck Tribune - 17 FEB 2017
    A judge dismissed the criminal trespass charges against three pipeline protesters halfway through their jury trial this morning.
    According to lawyers in the courtroom, the judge found the prosecutor had not shown the land was posted or that the protesters had been asked by an authorized person to leave — at least one of which is required to prove criminal trespass.
    On Friday morning, a jury was picked and the prosecutor put five highway patrolmen on the stand. After that, the three defense attorneys motioned to get the cases dismissed.
    Kent Morrow, who represented one of the women charged, said in an interview after court that the patrolmen testified to people being on private property, but not to anyone with authority over the property telling them to leave.
    "The judge said the law and statute is pretty clear," Morrow said.
    In his defense, Morton County State's Attorney Brian Grosinger argued in court that the protesters should have known the land was private.
    "What I had argued to the judge was I could prove notice by circumstantial evidence," Grosinger said in an interview. "By the circumstances surrounding — considering it was a construction site, the people were wearing masks."
    The three Dakota Access Pipeline protesters were among 22 people arrested at a construction site near Almont on Sep. 13. According to an affidavit filed with the charges, a highway patrol captain "advised the protesters they were protesting and subject to arrest."
    Bruce Nestor, a Minnesota-based attorney representing some pipeline protesters, recently got three trespass cases from the same day dismissed on similar grounds after filing a motion.
    Watching the trial today, Nestor said: "This was the same thing, except here the state wasted the judge's time, the jury's time and brought six highway troopers in from their normal duties to spend half a day at the Morton County Courthouse."
    Grosinger said he would work to prove notice more adequately in future trials.
    Reach Caroline Grueskin at 701-250-8225 or at caroline.grueskin@bismarcktribune.com
Judge Orders Trump's EPA Pick to Release Emails by Tuesday
EcoWatch  -  17 FEB 2017
    The Oklahoma County Court on Thursday found Trump's U.S. Environmental Protection Agency (EPA) nominee Scott Pruitt in violation of the state's Open Records Act. The Center for Media and Democracy (CMD) filed a lawsuit against Pruitt for improperly withholding public records and the court ordered his office to release thousands of emails in a matter of days.
    In her ruling, Judge Aletia Haynes Timmons slammed the Attorney General's office for its "abject failure" to abide by the Oklahoma Open Records Act.
    The judge gave Pruitt's office until Tuesday, Feb. 21, to turn over more than 2,500 emails it withheld from CMD's January 2015 records request and just 10 days to turn over an undetermined number of documents responsive to CMD's five additional open records requests outstanding between November 2015 and August 2016.
    Thursday's expedited hearing was granted after CMD, represented by Robert Nelon of Hall Estill and the ACLU of Oklahoma, filed a lawsuit that has driven unprecedented attention to Pruitt's failure to disclose his deep ties to fossil industry corporations. On Friday, Pruitt is expected to face a full Senate vote on his nomination to run the EPA....  
Greenpeace activists build a pipeline into ING's headquarters in Amsterdam to protest the bank funding the Dakota Access pipeline, 16 Feb 2017.   Photo: @GreenpeaceNL / Twitter
  
Oil Pipeline Built at ING Bank Headquarters to Protest Dakota Pipeline
by Janene Pieters, NL Times  -  16 FEB 2017
    On Thursday morning a group of about 20 Greenpeace activists dug room for and planted 15 meters of super heavy pipe sections at the ING headquarters in Amsterdam Zuidoost. They did so to protest against the Dutch bank's part in financing the highly controversial Standing Rock pipeline in Dakota, United States, Het Parool reports.
    The oil pipeline is set to be built through the reservation of the Standing Rock Sioux Native American Tribe, in the north of the U.S. End last year the Obama administration withdrew the licenses and permits for the pipeline. But current U.S. president Donald Trump scrapped that decision as one of is first decrees. It therefore seems that the granting of the permits is only a matter of time.
    With the huge pipeline built right into the ING headquarters' office, the Greenpeace activists want to show what a massive effect such a pipeline can have on your home. "We're giving them a taste of their own medicine", campaign leader Kim Schoppink said to the newspaper.
    The environmental organization is planning to extend their pipeline even further if ING does not change its position....  
Feb 15th Digital Smoke Signals and Women's Indigenous Media Cover the New Barricade near North Entrance of Camp
Digital Smoke Signals  -  15 FEB 2017
    Seven-plus police snowmobiles driving around trying to intimidate the camps around midnight!
    Forty-six-plus DAPL spotlights, including 2 extremely bright new lights right outside camp! You can hear Dakota Access destroying the earth. Share and spread the word that We Stand!  
Seven + Police Snowmobiles Driving Around Trying to Intimidate the Camps Around Midnight
Johnny Dangers on Facebook  -  15 FEB 2017
    Morton County Sheriff's Deputies and/or DAPL Security employ intimidation tactics after MCSD moved the Hwy 1806 barricade forward, claiming that it was to accommodate "emergency vehicles" traffic. The term "emergency vehicles" is vague, and can mean ambulances, fire trucks, or police/sheriff's department vehicles.
Midnight Flight on Sovereign Lands
Myron Dewey, Digital Smoke Signals  -  15 FEB 2017
Water Protectors Camps, Aerial View, & MCSD Violation of NAGPRA by Desecrating Burial Sites after Being Told to Leave
Myron Dewey, Digital Smoke Signals  -  15 FEB 2017
    Morton County Sheriff's Department violating burial sites after being told to leave. Also moving barricade on Hwy. 1806 to close in on and intimidate Water Protectors at Oceti Sakowin and Sacred Stone Camps.
Water Protector Legal Collective
On-the-ground legal support for the Dakota Access Pipeline resistance at Standing Rock
Water Protector Legal Collective  -  15 FEB 2017
    Water Protector Legal Collective (WPLC) is the on-the-ground legal team for the ceremonial resistance camps at Standing Rock, North Dakota. We maintain a presence on-site and provide legal advocacy, jail and court support, criminal defense, and civil and human rights protection to the Native peoples and their allies gathered there.
    WPLC (formerly known as Red Owl) operates in partnership with the National Lawyers Guild. We are dedicated to protecting the sovereign treaty rights of the Standing Rock Sioux Tribe and providing legal representation and coordination for Water Protectors engaged in resistance to the Dakota Access Pipeline.
    If you have been arrested at Standing Rock and need information or resources, please visit our For Arrestees page.
    If you need support to make it to court, fill out this form to get assistance with travel, housing, or other logistical needs.
    For important information for anyone who has spent time at Standing Rock, please visit our Resources page.  
North Dakota Governor Issues Evacuation Order for Oceti Sakowin and Sacred Stone Camps, "Effective Immediately"
Jenni Monet on Facebook - 15 FEB 2017
Morton County building Barricades closer to Oceti Oyate in bad faith. We weren't notified of it. They are moving forward.  
Morton County Sheriff's Department, When Will Your Lies and Human Rights Violations Stop?
Photo Credit: Christopher Francisco on Facebook  -  15 FEB 2017
    Not only is it in bad faith. The Morton County Sheriff, Kyle Kirchmeier, lied by posting statements that he had met with Oceti Sakowin (Sioux) Headmen and had obtained their approval to move the barricades closer to the Oceti Sakowin Camp.
    Despite the barricades blocking emergency services from reaching the camps or the Standing Rock Sioux Tribe's reservation, the MCSD claims that the barricades are to "help" emergency services to reach those areas.  
Pope Francis Weighs in on Dakota Access Pipeline Conflict
by Associated Press, New York Post  -  15 FEB 2017
    VATICAN CITY — Pope Francis has insisted that indigenous peoples must give prior consent for any economic activity on their ancestral lands — an indirect critique as the Donald Trump administration seeks to advance construction on a $3.8 billion oil pipeline over opposition from American Indians.
    Francis met Wednesday with representatives of indigenous peoples attending a U.N. agricultural meeting in Rome. He said the key issue facing them is how to reconcile the right to development with protection of their cultures and territories.
    He said “the right to prior and informed consent” should always prevail especially “when planning economic activities which may interfere with indigenous cultures and their ancestral relationship to the Earth.”
    The Cheyenne River and Standing Rock Sioux tribes are suing to stop the Dakota Access project....  
Update From Steven Jeffrey Chrisjohn, 15 February 2017
Steven Chrisjohn on Facebook  -  15 FEB 2017
Documentary: Beyond Standing Rock
by Inside Energy Team  -  14 FEB 2017
    Inside Energy, in collaboration with Rocky Mountain PBS and Fast Forward Films, presents Beyond Standing Rock, a one-hour documentary exploring the conflict surrounding the Dakota Access Pipeline and the struggle for Native American rights against the backdrop of the new Trump administration.
    Don’t miss the broadcast premiere on Rocky Mountain PBS: Thursday March 2rd at 7:00pm MST.
    In partnership with the Denver Film Society, we’ll premiere the documentary on Thursday, February 23rd, at the Sie FilmCenter in Denver. Inside Energy correspondent and the film’s producer, Leigh Paterson, will moderate a Q&A discussion following the film, featuring:...  
Michael Flynn Resigns as National Security Adviser Over Talks With Russia
by Richard Greenberg, Alex Johnson, Kristen Welker and Alastair Jamieson, NBC News  -  14 FEB 2017
    Michael Flynn abruptly quit as President Donald Trump's national security adviser Monday night, hours after it emerged that the Justice Department informed the White House that it believed he could be subject to blackmail.
    The resignation also came after previous disclosures that Flynn had misled Vice President Mike Pence and other senior officials about his communications with Sergey Kislyak, Russia's ambassador to the United States. Pence repeated the misinformation in television appearances.
    "Unfortunately, because of the fast pace of events, I inadvertently briefed the Vice President Elect and others with incomplete information regarding my phone calls with the Russian Ambassador. I have sincerely apologized to the President and the Vice President, and they have accepted my apology," Flynn said in his resignation letter....
During the Winter Legislative COLT meeting, President Russell Begaye focused on tribal land and mineral rights ownership
  
Navajo Nation President Tells Trump Administration That Indian Tribes Need to Own Tribal Land
by Native News Online Staff, Native News Online  -  14 FEB 2017
    WASHINGTON – Speaking directly to President Trump’s Intergovernmental Affairs Officer Billy Kirkland, Navajo Nation President Russell Begaye said that Indian Tribes need to own their lands to foster economic and infrastructure development.
    Kirkland was in attendance on Sunday, Feb. 12, at the Coalition of Large Tribes (COLT) Winter Legislative Meeting held at the Stanley R. Crooks Tribal Leaders Conference Center in Washington D.C.
    President Begaye serves as the Chairman of COLT.
    “We are constantly being reminded that Indian reservations are federal lands and that they do not belong to us. In a sense, we just lease them,” President Begaye said. “I disagree. The Navajo Nation is our land and tribal control over tribal lands needs to be redefined.”...
Judge Denies Request to Halt Dakota Access Pipeline Work
Associated Press (AP)  -  14 FEB 2017
    WASHINGTON (AP) — A federal judge on Monday refused to stop construction on the last stretch of the Dakota Access pipeline, which is progressing much faster than expected and could be operational in as little as 30 days.
    U.S. District Judge James Boasberg ruled after an hourlong hearing that as long as oil isn't flowing through the pipeline, there is no imminent harm to the Cheyenne River and Standing Rock Sioux tribes, which are suing to stop the project. But he said he'd consider the arguments more thoroughly at another hearing on Feb. 27.
    That gives the tribes hope that they still might prevail, Cheyenne River Chairman Harold Frazier said.
    "To put that pipeline in the ground would be irreparable harm for us in our culture," he said.
    The tribes requested the temporary injunction last week after Texas-based Energy Transfer Partners got federal permission to lay pipe under a Missouri River reservoir in North Dakota. That's the last big section of the $3.8 billion pipeline, which would carry oil from North Dakota to Illinois.
    The tribes say the pipeline would endanger their cultural sites and water supply. They added a religious freedom component to their case last week by arguing that clean water is necessary to practice the Sioux religion....
 
President Donald J. Trump says the Dakota Access Pipeline is not even controversial. Yet the challenges to that project are taking new form. (Photo via YouTube)
  
Challenges to Dakota Access Pipeline Are Shifting into New Shapes, New Fronts
by Mark Trahant, Trahant Reports  -  12 FEB 2017
    Could there be a day, one day, without oil?
    The Trump administration has been in office for less than a month — and already the construction of the Dakota Access Pipeline is again proceeding. Company officials say oil will be flowing by June.
    Yes, there is a flurry of activity around the Dakota Access Pipeline, a project that has cost more than $3.8 billion to transfer oil from North Dakota to markets in Illinois and beyond.
    But every action to build the pipeline is met with many more reactions to stop it. The fight about this pipeline — and the broader issues it represents — is far from over.
    Of course some days it does not seem that way. The U.S. Army Corps of Engineers approved the final easement for the pipeline to cross under the Missouri River and complete the project. The Corps also withdrew its ongoing environmental review, citing President Donald J. Trump’s executive memorandum. But that begs a huge question for the courts: Can a president do that? Is an order from the president (along with previous environmental findings from the Corps) enough to satisfy the law? That question will be sorted out by the courts.
    But there are many other challenges to the pipeline.
    A press release from the Standing Rock Sioux Tribe said if the construction is successful “the tribe will seek to shut the pipeline operations down.” The tribe has also called for a march next month in the nation’s capital.
    “Our fight is no longer at the North Dakota site itself,” said tribal chairman Dave Archambault II. “Our fight is with Congress and the Trump administration. Meet us in Washington on March 10.”...  
Democracy Now! Daily Show, 08 FEB 2017
Amy Goodman, Democracy Now!  -  08 FEB 2017
A Violation of Tribal & Human Rights: Standing Rock Chair Slams Approval of Dakota Access Pipeline
Amy Goodman, Democracy Now!  -  08 FEB 2017
    The U.S. Army Corps of Engineers said Tuesday it will greenlight the final phase of construction for the Dakota Access pipeline, prompting indigenous-led water protectors to call for a "last stand" against the $3.8 billion project. In a letter to Congress, acting Army Secretary Robert Speer said the Army Corps will cancel an environmental impact study of the Dakota Access pipeline and will grant an easement today allowing Energy Transfer Partners to drill under Lake Oahe on the Missouri River. The Army Corps also said it would suspend a customary 14-day waiting period following its order, meaning the company could immediately begin boring a tunnel for the final one-and-a-half miles of pipe. We speak to Standing Rock Sioux Tribal Council Chair Dave Archambault II....
BREAKING: Drilling Under the Missouri River/Lake Oahe Has Started
Prolific the Rapper on Facebook  -  09 FEB 2017
    I'm no one to listen to, but I'm going to share my opinion and how I feel now. I'm not panicked, because I believe in the power of prayer. I've seen so many miracles happen through ceremony. I believe that what took place at Standing Rock was a VERY POWERFUL CEREMONY, and that is why so many people came. The power was undeniable.
    I believe that as long as we stay with the spiritual instructions, we will win; though we will go through hardships and maybe even times like now where it looks like we lost.
    I also believe that if we break the instructions, we will lose for sure; and if this happens, we will have to blame ourselves because we didn't listen.
    Three different spiritual people who are not connected to each other have said similar things: That at some point the grandfather's, angels, spirits, however you want to think of them didn't want us to do anymore actions; that they were useful in the beginning, but now it's time to rely on prayer. They said when something happened at an action the grandfather's had to spend their energy trying to keep people safe when they wanted to be out working with the minds of those who make decisions. They said that, in a sense, some of our actions were working against our own prayers.
    Then another said they are waiting for us to get out of harms way so that they can do what was asked of them (answer our prayers).
    A third I heard said "We did what we were supposed to do, which is to wake the world up."
    I'm sitting here thinking as I type that perhaps that was the biggest lesson that Creator, God, the universe wants to teach humanity; that we need to return to prayer.
    I'm a warrior and I know that, but I'm not heroic... I think sometimes a warrior comes up against battles that can only be won through prayer. Sometime I can't do it myself and I have to ask the universe for help.
    So, I'm not worried about the drill pad and the drilling. I'm worried that some might not listen to the spiritual instructions, and we might lose that way.
    Again, I'm no one to listen to. I've been thinking about this for days but couldn't find the courage to say it, because it's not a popular thing to say right now. For me, right now, the battle is with prayer, with faith, and with the courts.
    I love you all. Prayers tonight for everyone, and even for the men drilling this pipeline right now.
Dallas Goldtooth: Update on Easement to Cross Under Lake Oahe/Missouri River
Dallas Goldtooth on Facebook  -  08 FEB 2017
    #NoDAPL - How will the Tribes legally respond to easement approval? Two possible scenarios. TRO and/or Summary Judgment. [I am NOT a lawyer. I am merely breaking down possible scenarios.]
    Main points. Since Standing Rock & Cheyenne River Sioux Tribes are both plaintiffs in the lawsuit against The Army Corps of Engineers they need to jointly agree on the next steps.
    In my opinion they have two main options: a temporary restraining order (TRO) AND/OR request a Summary Judgment on the lawsuit.
    From what I understand, the TRO could be a long shot. The summary judgment may have better chances for a positive decision to stop construction....however... a summary judgment is also very risky, because the tribes are basically asking for a decision on the lawsuit itself.
    Both options can be appealed. Both options CANNOT be filed until the actual easement is granted, which as of 12:45pm CST, has not happened yet.  
Divest Now! Why Seattle Took Back Its Money from Wells Fargo (and Your City Should, As Well)
by Gyasi Ross & Matt Remle, Medium  -  07 FEB 2017
    Today marks a historic turn in the fight for justice.
    Today, the City of Seattle took an unprecedented stand against unethical banking practices by unanimously passing the Socially Responsible Banking Ordinance. It will require the city to divest from $3 billion in contracts with Wells Fargo Bank, one of the several banks with a large financial stake in the Dakota Access Pipeline. The move sends a clear and powerful message that the people of Seattle expect our money to reflect and uphold our values.
    Divestment — Or, How to Take On the Banks

    Fighting politically entrenched big money is always a hard, uphill battle. They can absorb some losses and afford lengthy court proceedings that those with little or no capital cannot. Their vast resources often allow them to simply bulldoze over the rights of others — even when they are dead wrong. Without access to the same level of funding, we must use many different strategies to even the playing field, like direct action and media pressure. But our most effective weapon against well-moneyed opposition is divestment....  
 
Bold Iowa “Farmer Defense Camp” on landowner Shirley Gerjets’ property taken by eminent domain for the Dakota Access pipeline. Nine Water Protectors were arrested in an act of nonviolent civil disobedience to stop pipeline construction on Shirley’s farm.
  
Bold Iowa Responds to Corps of Engineers' Unprecedented Order Canceling Environmental Review of Dakota Access Pipeline
by Mark Hefflinger, Bold Iowa  -  07 FEB 2017

FOR IMMEDIATE RELEASE: Feb. 7, 2017
    Contact:
Ed Fallon, Bold Iowa, 515-238-6404, ed@boldiowa.org
Bold Iowa Responds to Army Corps of Engineers Unprecedented Order Canceling Environmental Review of Dakota Access Pipeline
    Bold Alliance has so far collected 10,000+ comments from citizens opposed to pipeline for inclusion in Army Corps’ Environmental Impact Statement
    Des Moines — Citing President Trump’s Presidential Memorandum from Jan. 24 that aimed to fast-track completion of the Dakota Access pipeline, the U.S. Army Corps of Engineers announced on Feb. 7 in an unprecedented action that it is cancelling the previously-ordered Environmental Impact Statement (EIS) for the pipeline.
    The Corps is expected to issue the last necessary easement within 24 hours to complete construction of the pipeline near Lake Oahe and the Standing Rock Sioux Tribe’s lands in North Dakota.
    This unprecedented cancelling of an EIS and further Tribal consultation will be challenged in court, with the filing of a motion for a temporary restraining order, and an injunction to halt construction....  
TODAY, 07 February 2017:  DAPL Easement to Cross Under Lake Oahe Approved
    Today, short-circuiting the required Environmental Impact Statement, the Department of the Army approved the easement that will allow Dakota Access Pipeline to cross underneath the Missouri River/Lake Oahe.
Dallas Goldtooth of the Indigenous Environmental Network Speaks About the Granting of the DAPL Easement
Dallas Goldtooth on Facebook  -  07 FEB 2017
    Sometime tomorrow, easement will be granted. Both tribes will be filing injunctions to stop the pipeline.
    Dallas reminds us that it will be 60 days before the oil is running.
    Everydayofaction.org - go there to post events wherever you are.
    — Dallas Goldtooth
The United States Army Corps of Engineers Has Granted Easement to Go Under Lake Oahe / Missouri River
Chase Iron Eyes, Last Real Indians on Facebook  -  07 FEB 2017  
Chase Iron Eyes on Granting of DAPL Easement
Naomi Klein on Facebook  -  07 FEB 2017  
Phyllis Young's Comment on the News That the DAPL Easement Will Be Granted
Myron Dewey, Digital Smoke Signals  -  07 FEB 2017
    Department of the Army is hereby providing notice of an intent to grant an easement to Dakota Access LLC  
DEADLINE IS 20 FEBRUARY 2017
SUBMIT YOUR COMMENTS TO HELP STOP DAPL FROM RUNNING THE OIL PIPELINE UNDERNEATH LAKE OAHE AND THE MISSOURI RIVER
TODAY!

See Sample Letter HERE

Addresses:

You may mail, hand deliver, or email written comments to:
   
Mr. Gib Owen
Office of the Assistant Secretary of the Army for Civil Works
108 Army Pentagon
Washington, DC 20310-0108.

Email: gib.a.owen.civ@mail.mil

Advance arrangements will need to be made to hand deliver comments.

Please include your name, return address, and “NOI Comments, Dakota Access Pipeline Crossing” on the first page of your written comments.

If emailing comments
, please use “NOI Comments, Dakota Access Pipeline Crossing” as the subject of your email.

The location of all public scoping meetings will be announced at least 15 days in advance through a notice to be published in the local North Dakota newspaper (The Bismarck Tribune) and online at https://www.army.mil/asacw.

Public Comment Availability: Before including your address, telephone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask in your comment that your personal identifying information be withheld from public review, the Army cannot guarantee that this will occur.  


What to Include in Your Comments - Supplementary Information

The proposed crossing of Lake Oahe by Dakota Access, LLC is approximately 0.5 miles upstream of the northern boundary of the Standing Rock Sioux Tribe's reservation. The Tribe protests the crossing primarily because it relies on Lake Oahe for water for a variety of purposes, the Tribe's reservation boundaries encompass portions of Lake Oahe downstream from the proposed crossing, and the Tribe retains water, treaty fishing, and hunting rights in the Lake.

The proposed crossing of Corps property requires the granting of a right-of-way (easement) under the Mineral Leasing Act (MLA), 30 U.S.C. 185. To date, the Army has not made a final decision on whether to grant the easement pursuant to the MLA. The Army intends to prepare an EIS to consider any potential impacts to the human environment that the grant of an easement may cause.

Specifically, input is desired on the following three scoping concerns:

(1) Alternative locations for the pipeline crossing the Missouri River;

(2) Potential risks and impacts of an oil spill, and potential impacts to Lake Oahe, the Standing Rock Sioux Tribe's water intakes, and the Tribe's water, treaty fishing, and hunting rights; and

(3) Information on the extent and location of the Tribe's treaty rights in Lake Oahe.

On July 25, 2016, the Corps granted permission to applicant Dakota Access, LLC, under Section 14 of the Rivers and Harbors Act of 1899, 33 U.S.C. 408 (408 permission), for a proposed pipeline crossing of Lake Oahe. Lake Oahe is on the Missouri River and owned by the Corps. The approximate 1,172-mile pipeline connects the Bakken and Three Forks oil production areas in North Dakota to an existing crude oil market near Patoka, Illinois. The pipeline is 30 inches in diameter and is projected to transport approximately 570,000 barrels per day.

The 408 permission was accompanied by a Finding of No Significant Impact based on an Environmental Assessment (EA), as contemplated under the National Environmental Policy Act (NEPA). The EA included a brief description and characterization of factors used in evaluating a potential alternative crossing location that was considered and eliminated during the analysis phase. The alternative route, which was eliminated, would cross the Missouri River approximately 10 miles north of Bismarck, ND.

On December 4, 2016, the Army determined that a decision on whether to authorize the pipeline to cross Lake Oahe at the proposed location merits additional analysis, more rigorous exploration and evaluation of reasonable siting alternatives, and greater public and tribal participation and comments as contemplated in the Council on Environmental Quality's (CEQ's) NEPA implementing regulations, 40 CFR 1502.14 and 1503.1. Currently, the Corps is developing a plan to implement the Army's December 4, 2016 direction. This notice of public scoping should be integrated into the Corps' plan of action.

Consistent with CEQ's NEPA implementing regulations, an EIS will analyze, at a minimum:

(1) Alternative locations for the pipeline crossing the Missouri River;

(2) Potential risks and impacts of an oil spill, and potential impacts to Lake Oahe, the Standing Rock Sioux Tribe's water intakes, and the Tribe's water, treaty fishing, and hunting rights; and

(3) Information on the extent and location of the Tribe's treaty rights in Lake Oahe.

The range of issues, alternatives, and potential impacts may be expanded based on comments received in response to this notice and at public scoping meetings.

For Further Information Contact

Mr. Gib Owen
Water Resources Policy and Legislation
Office of the Assistant Secretary of the Army for Civil Works
Washington, DC 20310-0108;
Telephone: (703) 695-6791;
Email: gib.a.owen.civ@mail.mil.

   

BACK TO TOP
Why the Sioux Are Refusing $1.3 Billion
by Francine Uenuma and Mike Fritz, PBS  -  06 FEB 2017 (originally published 24 AUG 2011)
    RAPID CITY, S.D. | Pine Ridge Reservation stretches across some of the poorest counties in the United States. Plagued by an unemployment rate above 80 percent, arid land, few prospects for industry, abysmal health statistics and life-expectancy rates rivaling those of Haiti, it’s no wonder outsiders ask: Why do the nine tribes constituting the Great Sioux Nation, including those on Pine Ridge, staunchly refuse to accept $1.3 billion from the federal government?
    The refusal of the money pivots on a feud that dates back to the 1868 Treaty of Fort Laramie, signed by Sioux tribes and Gen. William T. Sherman, that guaranteed the tribes “undisturbed use and occupation” of a swath of land that included the Black Hills, a resource-rich region of western South Dakota. But in 1877, one year after Gen. George Armstrong Custer’s infamous defeat at the hands of Crazy Horse at Little Bighorn and without the consent of “three-fourths of all adult male Indians” stipulated by the treaty, the government seized the Black Hills, along with their gold, and began profiting from the protected land....
Dallas Goldtooth Standing Rock Update From Washington, D.C.
Dallas Goldtooth, Indigenous Rising Media - 06 FEB 2017
    UPDATE!
    Today during a federal court status conference, DOJ lawyers told the judge that the Corps has forwarded a "Review and Analysis" to the Army leadership for a decision on the easement. They did not state what that decision was, of course. They expect to announce the decision as early as Friday.
    Once the Army makes a decision, it goes to Congress for notification. While Army policy is to wait 14 days after notification, the Presidential Memo says waive that waiting period; and the DOJ did not indicate its position on this, either.
    The other fact that came out today under the court's questioning is that it would take DAPL a minimum of 83 days from the start of construction until the pipeline is fully in operation. After 60 days there could be some oil in the pipeline underneath Lake Oahe.
----
    In layman terms, the Department of Army will most likely release its determination on the easement this Friday, whereupon the tribe will immediately file for an injunction.

—Dallas Goldtooth
NoDAPL Update, Part 2: What's happening In Dakota Access Fight
Dallas Goldtooth on Facebook  -  06 FEB 2017
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Protesters rally against plans to route the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, N.D., last November.  (Stephanie Keith/Reuters)
   
Standing Rock Sioux Want ‘No Forcible Removal’ of Protesters from Dakota Access Pipeline Site
Juliet Eilperin, Washington Post  -  05 FEB 2017
    Standing Rock Sioux Tribe officials said this weekend that although they were working with federal authorities to stabilize the situation at the Dakota Access Pipeline protest site, they were not calling on law enforcement to forcibly remove activists there.
    After months of protests, both tribal officials and residents in the town of Cannon Ball, N.D., have asked those opposed to completion of the controversial, 1,170-mile pipeline to leave. A few hundred activists remain, both on the Standing Rock Sioux’s reservation and on neighboring land.
    Tribal officials and their allies, including environmentalists and many military veterans, argue that the project could cause environmental damage and disturb ancient burial sites. Proponents, including President Trump and many business and labor leaders, say it will spur economic growth in the United States and provide a means of safely transporting heavy crude from western North Dakota to the pipeline networks and refineries in Illinois.
    On Friday evening, the acting assistant secretary for Indian affairs, Michael S. Black, said that the agency had sent “enforcement support and would assist” the tribe “in closing the protest camps within the Standing Rock Reservation boundary.”
    But tribal officials responded over the weekend that while they wanted people to leave the reservation, they did not want them arrested or ousted by force....
Trump’s Plan to Fight ISIS With Putin Isn’t Just Futile, It’s Dangerous
There's no way to go to war alongside the Russian army without dragging American troops down.
by Molly K. McKew, Politico  -  05 FEB 2017

America and Russia fighting on the same side against ISIS: This is the radical realignment that President Trump has been dangling as the linchpin of his promised reboot of the global war on terror. In one of his first executive actions, Trump signed a presidential memorandum on Jan. 28 giving the Secretary of Defense until the end of February to present a “new plan to defeat ISIS,” calling for the “identification of new coalition partners in the fight against ISIS.” Trump has made it clear that he expects Russia to top that list. In an interview this weekend, the President made the case that if the US can work with Russia “in the fight against ISIS, which is a major fight, and Islamic terrorism all over the world…that’s a good thing.”

Pressed on the wisdom of working with Russia, Trump defended the idea not by denying that Putin is “a killer” and a potentially problematic partner for this fight, but by saying that we should work with Russia because America is not “so innocent” and has “a lot of killers around,” too.

The President’s statement drew immediate bipartisan fire, with voices from both sides of the aisle calling Putin a thug and pointing out that journalists and political opponents alike often end up dead in Russia. But Trump’s broader plan is no less fraught than the casual moral equivalency he drew. The differences between our wars on terror run as deep as those between our nations.

On the surface, the idea of partnership with another powerful and capable military to share the burden of fighting the Islamic State may sound tempting. Russia has devoted considerable resources to broadcasting its "victorious war" in Syria, airing endless footage of spectacular airstrikes and trumpeting supposed territorial gains. The slick Kremlin media narrative and coordinated messaging campaigns have helped create powerful myths about its effectiveness in Syria and in the war against ISIS.

But that’s exactly what they are: myths. The truth is that it is both pointless and dangerous for America to fight ISIS alongside Russia....  
The March To Impeachment
There are already plenty of grounds to impeach Trump. The question is when Republicans will decide that he’s more of a liability than an asset.
by Robert Kuttner, The Huffington Post  -  05 FEB 2017
    There are already plenty of grounds to impeach Donald Trump. The really interesting question is when key Republicans will decide that he’s more of a liability than an asset.
    If Trump keeps sucking up to Vladimir Putin, it could happen sooner than you think.
    The first potential count is Trump’s war with the courts. The Supreme Court is likely to give expedited review to the order by the 9th Circuit upholding Judge James Robart’s order that tossed out Trump’s bans on immigrants or refugees from seven countries, even permanent US residents and others with valid green cards.
    It’s encouraging that the agencies of government, such as the State Department and the Department of Homeland Security, immediately deferred to the court order, not to a president who thinks he can govern by decree.
    But suppose the Supreme Court finds against Trump? Will he try to defy the high court? That would be a first-class impeachable offense. Even Richard Nixon deferred to a Supreme Court order to turn over the Watergate tapes....
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BIA Beating Unarmed Water Protector Without Provocation at Sacred Stone Prayer Camp
Johnny Dangers on Facebook  -  04 FEB 2017
    Stunning video shows BIA Police beating an unarmed Water Protector and then arresting her earlier today! She is unarmed!
    Share this everywhere!
    Demand all 3 Water Protectors are immediately released from BIA custody and charges dropped!
    This is a prayer camp! Why the violence on them?  
Shiyé Bidzííl Talks about Developments at Standing Rock
Shiy
é Bidzííl on Facebook  -  04 FEB 2017
    "Things are getting ugly, water protectors; and we all know that ND court is saying that those who live stream are camp leaders, and is charging them with inciting riots. WHAT? Also the BIA is invading Sacred Stone Camp and assaulting and arresting Water Protectors on security detail, and entering a home with documents stating that he did not own the home and telling him he was evicted. What is SR tribal council trying to do? Please stay safe my people!" —Shiy
é Bidzííl
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Chase Iron Eyes
Lakota People's Law Project  -  03 FEB 2017
Veterans vs. Trump: Pipeline Will Never Be Built, Warriors Vow
“It’s not happening on our watch,” says Veterans Stand.
Mary Papenfuss, Huffington Post  -  03 FEB 2017
    U.S. military veterans have thrown down the gauntlet to the Trump administration, vowing that the Dakota Access Pipeline will “not be completed—not on our watch.”
    Veterans Stand, a group of vets who have vowed to protect the pipeline protesters of the Standing Rock Sioux Nation and supporters, ominously threatened the possibility of more “boots on the ground” at the site —but also repeated their commitment to nonviolent action. The group is capable of calling up several thousand veterans to the protest site.
    “We are committed to the people of Standing Rock, we are committed to nonviolence, and we will do everything within our power to ensure that the environment and human life are respected,” spokesman Anthony Diggs told CNBC. “That pipeline will not get completed. Not on our watch.”...     
Radical ND Government Trying To Seize Native Reservations
Jordan Chariton, TYT Politics  -  03 FEB 2017
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Morton County Sheriff, Police, and DAPL Setting up for Unknown Offensive against Water Protectors
Johnny Dangers on Facebook  -  03 FEB 2017
    Morton County Sheriff, police, and DAPL are set up on the hill 15 seconds drive down to the main entrance in front of big camp right now with 8 police vehicles, snowmobiles, side by sides, bulldozer and 2 new Spotlights put up! They have access roads plowed behind to the south. Situation is ongoing. Unsure if they are setting the closest outpost to Big camp or staging.
    Follow Johnny Dangers and Johnny K. Dangers for continued on the ground updates and more on defeating the Black Snake that is the Dakota Access Pipeline! Click where it says "Follow" on my profile and change it to "See First" to not miss any #NoDAPL updates.
German Magazine Cover Shows Trump Beheading Statue of Liberty
by Max Greenwood, The Hill - 03 FEB 2017
    German magazine Der Spiegel on Friday reacted to President Trump’s immigration executive order, publishing a cover that shows the president having beheaded the Statue of Liberty.

Editor's Note (Al Swilling, SENAA International):
    A fitting cover image. Now I look for him to replace the Statue of Liberty with a giant image of himself, as King Nebuchadnezzar of ancient Babylon did in the Old Testament book of Daniel, and to commission a Ku Klux Klan poet to write a poem to rebut the poem, "The New Colossus" at the base of the Stature of Liberty.

The Original Poem:

The New Colossus
by Emma Lazarus

Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbor that twin cities frame.
“Keep, ancient lands, your storied pomp!” cries she
With silent lips. “Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!”

Trump's Poem Would Go Something Like This:

Renewed Colossus
by I. B. Racist

Like the brazen giant of Nebuchadnezzar's fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A tyrant's likeness with a torch, whose flame,
The imprisoned lightning, is quenched, and he is named
Father of Despots. From his beacon-hand
Glows no more welcome; his wild eyes command
The air-bridged harbor that twin cities frame.
"Keep, ancient lands, your storied pomp!" cries he
With silent lips. "Keep, too, your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Keep these, the homeless, tempest-tost from me,
My lamp is dark, and I have locked the door!"

(From the Terra's Eulogy collection, written by Al Swilling)

Welcome to the New EPA Website, Overhauled by Trump’s Team
by Brian Kahn, Grist  -  02 FEB 2017
    The Environmental Protection Agency’s website has begun to transform under the Trump administration.
    A group of researchers have found what are likely the first steps in a major overhaul of a site that’s been closely watched since President Trump’s inauguration on Jan. 20. Federal climate plans created under former President Obama, tribal assistance programs, and references to international cooperation have been stricken from the site.
    A mention of carbon pollution as a cause of climate change has also been removed and adaptation has been emphasized, indicating an attempt to separate the cause of climate change from the response. Some of the changes — like removing mentions to programs and task forces that have run their course as well as broken links — are housekeeping, according to an agency statement....
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Lucas Jackson | Reuters
   Veterans march with activists near Backwater Bridge just outside of the Oceti Sakowin camp during a snow fall as "water protectors" continue to demonstrate against plans to pass the Dakota Access pipeline adjacent to the Standing Rock Indian Reservation, near Cannon Ball, North Dakota.
  
US Veterans Group Says Dakota Access Pipeline 'Will Not Get Completed. Not on Our Watch'
by Tom DiChristopher, CNBC  -  01 FEB 2017
    A group of U.S. military veterans has vowed to block completion of the hotly disputed Dakota Access pipeline, despite the secretary of the Army giving the project the green light.
    "We are committed to the people of Standing Rock, we are committed to nonviolence, and we will do everything within our power to ensure that the environment and human life are respected. That pipeline will not get completed. Not on our watch," said Anthony Diggs, a spokesman for Veterans Stand.
    Diggs added that the group hopes to raise enough funds "to have a larger, solid boots-on-the-ground presence."
    Veterans Stand has raised $37,000 since launching a GoFundMe campaign last week. Part of that money will go to "basic transport of supplies and personnel," Diggs told CNBC.
    The Standing Rock Sioux tribe also on Tuesday vowed to mount a legal challenge claiming the Corps lacks the statutory authority to stop an environment review and issue the easement....  
Leaked White House Memo Puts Gag Order on the Dept of Interior:
Stops Communication with Tribal Leaders

Last Real Indians  -  01 FEB 2017
    A memo leaked on January 24th, 2017 finds the White House issuing a gag order on all of the bureaus that fall under the Department of the Interior. Bureaus include; the Bureau of Land Management, US Fish and Wildlife Service, National Park Service, Bureau of Ocean Energy Management (BOEM), Bureau of Indian Affairs, and others.
    It states, “all incoming congressional and gubernatorial correspondence as well as correspondence from Indian or Alaska tribal leaders and leaders from national level environment/recreational and industry organizations must be forwarded to OES prior to responding, regardless of addressee or signature level.”
    The gag order stops the various bureaus from corresponding with entities ranging from tribal leaders, governors, and even Congress.
    Read full memo here:...  
Senators Cantwell, Tester and Udall Call on Feds to Consult with Tribes
Standing Rock Sioux Tribe on Facebook  -  01 FEB 2017
    WASHINGTON, D.C. – Today, U.S. Senators Maria Cantwell (D-WA), Jon Tester (D-MT), former Chairs of the Senate Committee on Indian Affairs, and current Vice Chairman Tom Udall (D-NM) sent a letter to the Trump Administration objecting to its memorandum seeking to expedite the permitting and construction of the Dakota Access Pipeline (DAPL). The memorandum, which was crafted without tribal consultation, undermines federal law and the federal government’s trust and treaty responsibilities to tribes.
    In the letter, the senators call for the completion of an Environmental Impact Statement (EIS) process already underway, including notice and comment, and appropriate consultation with the impacted parties. The senators also urged “meaningful consultation” with the Standing Rock Sioux Tribe before any further action on the Dakota Access Pipeline is taken....
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ND Sen. John Hoeven's False Proclamation: Corps Directed to Proceed with DAPL Easement
by Jessica Holdman, Bismarck Tribune  -  31 JAN 2017
    The U.S. Army Corps of Engineers is expected to grant Dakota Access Pipeline its final easement to cross the Missouri River within "days not weeks," according to the office of Sen. John Hoeven, R-N.D.
    Hoeven said Acting Secretary of the Army Robert Speer has directed the corps to proceed with an easement for the completion of the 1,172-mile crude oil pipeline. An environmental impact statement, which opponents of the pipeline had argued in favor of, is not likely to take place, said Don Canton, a spokesman for the senator.
    "They're just making sure they've got their ducks in row, and then they will likely approve the easement," Canton said.
    “This will enable the company to complete the project, which can and will be built with the necessary safety features to protect the Standing Rock Sioux Tribe and others downstream," Hoeven said in a statement.
    The pipeline project has been stalled for months over opposition from Standing Rock, which has expressed fears that a leak in the pipeline where it crosses the river would contaminate the water supply.
    This is the last approval needed to complete construction of the project and follows an executive order by President Donald Trump directing that reviews and approvals for the project be expedited, said Rep. Kevin Cramer, R-N.D.
    “President Trump is legally required to honor our treaty rights and provide a fair and reasonable pipeline process,” Standing Rock Tribal Chairman Dave Archambault II said in a previous statement. “We are not opposed to energy independence. We are opposed to reckless and politically motivated development projects, like DAPL, that ignore our treaty rights and risk our water."
    Lawyers for the tribe have previously said they would challenge the action in court should the easement be issued without a full environmental impact statement being conducted.
    “This change in course is arbitrary and without justification; the law requires that changes in agency positions be backed by new circumstances or new evidence, not simply by the president’s whim,” Archambault wrote in a letter to the president last week. “Your memorandum issues these directives with the condition that these actions are carried out ‘to the extent permitted by law.’ I would like to point out that the law now requires an environmental impact statement."
    Hoeven said action is being taken "to secure additional federal law enforcement resources to support state and local law enforcement. On Sunday, 20 additional Bureau of Indian Affairs law enforcement officers arrived at Standing Rock to assist local authorities.
_________________________

EDITOR'S NOTE (SENAA International):

    The Senator from North Dakota is lying. The Army told the Corps of Engineers to approve the easement, but the EIS (Environmental Impact Statement) process has already begun, and it cannot be stopped now that it has started, and if the easement is issued, it will not be issued until after the EIS is complete; and then ONLY if it shows that there will be no major adverse impact on or risk to the people or the environment. If the EIS shows that there will be or that there is a great risk of adverse environmental or human impact, the easement may be denied and the company advised to find an acceptable alternative route for the pipeline.
    One other setback that has the potential to stop the issuance of the easement is the FACT that when the dam was built that created Lake Oahe, it flooded part of the Standing Rock Sioux Tribe's land. When the flooding happened, the Standing Rock Sioux Tribe retained ALL RIGHTS to the lake bed and the Missouri River bed--including ALL surface and subsurface rights, including mineral rights and all drilling rights. Part of the area of the lake and river bed that is still owned by the Standing Rock Sioux Tribe is the very area where the Dakota Access Pipeline (DAPL) seeks to cross the lake. The Standing Rock Sioux Tribe did not give DAPL permission to bore or run the pipeline through Standing Rock Sioux tribal land; and DAPL cannot exercise eminent domain, because Indigenous Nations within U.S. borders are sovereign nations, with their own governments. The Standing Rock Sioux Tribe is one such sovereign nation, and it is part of the larger Oceti Sakowin (Sioux Nation), which is made up of seven tribes. The Army Corps of Engineers, being the caretakers of the lake and the dam, were entrusted with maintaining the integrity of the lake and river bottom on behalf of the Standing Rock Sioux Tribe and the Oceti Sakowin. The U.S. Army Corps of Engineers (USACOE) does NOT own that land. The Standing Rock Sioux Tribe owns the land, and the USACOE is simply the caretaker--the maintenance crew--that maintains its integrity.
    Again, the easement has NOT been granted, and the U.S. Army Corps of Engineers has NOT been ordered to issue, nor has it issued the easement needed to bore underneath Lake Oahe / the Missouri River. The Senator deliberately made a false statement in hopes of inciting drastic action from the Standing Rock Sioux Tribe that depends on Lake Oahe for drinking water and others dedicated to protecting the water from the immense threat that is the ill-conceived Dakota Access Pipeline.

From now until 20 February 2017, the U.S. Army Corps of Engineers will be taking public comments as to why the easement should not be granted to Dakota Access Pipeline to cross under Lake Oahe / Missouri River.

If you have not yet submitted a comment, go to the top of the "HEADLINES" section of this page to learn how to submit your comments.

If you are at a loss as to what to say, a sample letter is available HERE, or go to:
http://senaa.org/StandingRockProtests/NOIComments-DAPLCrossing.htm
Water Could Soon be Unaffordable for Millions of Americans
Water bills are on the rise nationwide, and poor communities are being hit the hardest.
by Joseph Erbentraut, The Huffington Post  -  31 JAN 2017
    If you’ve noticed that your water bill has been surging in recent years, you’re not imagining things.
    Recent analyses have confirmed that water bills have been on the rise in many U.S. communities for a variety of reasons — water utilities’ cost to repair and improve their crumbling infrastructure systems, the added strain of climate change impacts to those systems and declining customer bases in certain urban areas.
    And a new study has found that those extra costs, when they are passed along by water utilities, are increasingly leaving many Americans struggling to pay for their water service — a trend that appears likely to continue in the coming years.
    According to the study, published this month in the PLOS ONE journal, more than one-third of U.S. households could struggle to pay for water within the next five years....
Bill Moyers: A Horror Story
Bill Moyers on Facebook  -  31 JAN 2017
    In this exclusive web essay, Bill Moyers takes on President Trump’s choice to lead the Environmental Protection Agency. Oklahoma Attorney General Scott Pruitt has a track record of putting the business interests of the energy sector before the environmental and health interests of the public. He has spent his career fighting the rules and regulations of the agency he is now being nominated to lead. His expected confirmation threatens to make America great for polluters again.
    Read the full transcript at http://billmoyers.com/story/an-epa-nominee-drafted-by-business-interests/…
    Credits: Gail Ablow, Producer; Rebecca Sherwood, Editor
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FULL TEXT
Notice of Intent: Environmental Impact Statements; Availability, etc.:
Dakota Access, LLC's Request for Easement to Cross Lake Oahe, ND
Public Comment Period and How to Submit Comments

This Notice document was issued by the United States Army Corps of Engineers
Regulations.gov  -  Filed 17 JAN 2017, Published Here: 24 JAN 2017

Environmental Impact Statements; Availability, etc.: Dakota Access, LLC's Request for Easement to Cross Lake Oahe, ND (Instructions for Commenting found in the Federal Register Notice Addresses Section)

This Notice document was issued by the Army Department (USA)

Action

Notice.

Summary

This notice advises the public that the Department of the Army (Army), as lead agency, is gathering information necessary to prepare an environmental impact statement (EIS) in connection with Dakota Access, LLC's request to grant an easement to cross Lake Oahe, which is on the Missouri River and owned by the US Army Corps of Engineers (Corps). This notice opens the public scoping phase and invites interested parties to identify potential issues, concerns, and reasonable alternatives that should be considered in an EIS.

Dates

To ensure consideration during the development of an EIS, written comments on the scope of an EIS should be sent no later than February 20, 2017. The date of all public scoping meetings will be announced at least 15 days in advance through a notice to be published in the local North Dakota newspaper (The Bismarck Tribune) and online at https://www.army.mil/asacw.

Addresses

You may mail or hand deliver written comments to Mr. Gib Owen, Office of the Assistant Secretary of the Army for Civil Works, 108 Army Pentagon, Washington, DC 20310-0108. Advance arrangements will need to be made to hand deliver comments. Please include your name, return address, and “NOI Comments, Dakota Access Pipeline Crossing” on the first page of your written comments. Comments may also be submitted via email to Mr. Gib Owen, at gib.a.owen.civ@mail.mil. If emailing comments, please use “NOI Comments, Dakota Access Pipeline Crossing” as the subject of your email.

The location of all public scoping meetings will be announced at least 15 days in advance through a notice to be published in the local North Dakota newspaper (The Bismarck Tribune) and online at https://www.army.mil/asacw.


For Further Information Contact

Mr. Gib Owen, Water Resources Policy and Legislation, Office of the Assistant Secretary of the Army for Civil Works, Washington, DC 20310-0108; telephone: (703) 695-6791; email: gib.a.owen.civ@mail.mil.

Supplementary Information

The proposed crossing of Lake Oahe by Dakota Access, LLC is approximately 0.5 miles upstream of the northern boundary of the Standing Rock Sioux Tribe's reservation. The Tribe protests the crossing primarily because it relies on Lake Oahe for water for a variety of purposes, the Tribe's reservation boundaries encompass portions of Lake Oahe downstream from the proposed crossing, and the Tribe retains water, treaty fishing, and hunting rights in the Lake.

The proposed crossing of Corps property requires the granting of a right-of-way (easement) under the Mineral Leasing Act (MLA), 30 U.S.C. 185. To date, the Army has not made a final decision on whether to grant the easement pursuant to the MLA. The Army intends to prepare an EIS to consider any potential impacts to the human environment that the grant of an easement may cause.

Specifically, input is desired on the following three scoping concerns:

(1) Alternative locations for the pipeline crossing the Missouri River;

(2) Potential risks and impacts of an oil spill, and potential impacts to Lake Oahe, the Standing Rock Sioux Tribe's water intakes, and the Tribe's water, treaty fishing, and hunting rights; and

(3) Information on the extent and location of the Tribe's treaty rights in Lake Oahe.

On July 25, 2016, the Corps granted permission to applicant Dakota Access, LLC, under Section 14 of the Rivers and Harbors Act of 1899, 33 U.S.C. 408 (408 permission), for a proposed pipeline crossing of Lake Oahe. Lake Oahe is on the Missouri River and owned by the Corps. The approximate 1,172-mile pipeline connects the Bakken and Three Forks oil production areas in North Dakota to an existing crude oil market near Patoka, Illinois. The pipeline is 30 inches in diameter and is projected to transport approximately 570,000 barrels per day.

The 408 permission was accompanied by a Finding of No Significant Impact based on an Environmental Assessment (EA), as contemplated under the National Environmental Policy Act (NEPA). The EA included a brief description and characterization of factors used in evaluating a potential alternative crossing location that was considered and eliminated during the analysis phase. The alternative route, which was eliminated, would cross the Missouri River approximately 10 miles north of Bismarck, ND.

On December 4, 2016, the Army determined that a decision on whether to authorize the pipeline to cross Lake Oahe at the proposed location merits additional analysis, more rigorous exploration and evaluation of reasonable siting alternatives, and greater public and tribal participation and comments as contemplated in the Council on Environmental Quality's (CEQ's) NEPA implementing regulations, 40 CFR 1502.14 and 1503.1. Currently, the Corps is developing a plan to implement the Army's December 4, 2016 direction. This notice of public scoping should be integrated into the Corps' plan of action.

Consistent with CEQ's NEPA implementing regulations, an EIS will analyze, at a minimum:

(1) Alternative locations for the pipeline crossing the Missouri River;

(2) Potential risks and impacts of an oil spill, and potential impacts to Lake Oahe, the Standing Rock Sioux Tribe's water intakes, and the Tribe's water, treaty fishing, and hunting rights; and

(3) Information on the extent and location of the Tribe's treaty rights in Lake Oahe.

The range of issues, alternatives, and potential impacts may be expanded based on comments received in response to this notice and at public scoping meetings.

Public Comment Availability: Before including your address, telephone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask in your comment that your personal identifying information be withheld from public review, the Army cannot guarantee that this will occur.

Authority: This notice is published in accordance with sections 1503.1 and 1506.6 of the CEQ's Regulations (40 CFR parts 1500-1508) implementing the procedural requirements of NEPA, as amended (42 U.S.C. 4321 et seq.), and the Army and Corps' NEPA implementation policies (32 CFR part 651 and 33 CFR part 230), and exercises the authority delegated to the Assistant Secretary of the Army (Civil Works) by General Orders No. 2017-1, January 5, 2017.

Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2017-00937 Filed 1-17-17; 8:45 am]
BILLING CODE 5001-03-P

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Army Will Not Grant Easement for Dakota Access Pipeline Crossing
by U.S. Army  -  04 DEC 2016
    Army POC: Moira Kelley (703) 614-3992, moira.l.kelley.civ@mail.mil
The Department of the Army will not approve an easement that would allow the proposed Dakota Access Pipeline to cross under Lake Oahe in North Dakota, the Army's Assistant Secretary for Civil Works announced today.
    Jo-Ellen Darcy said she based her decision on a need to explore alternate routes for the Dakota Access Pipeline crossing. Her office had announced on November 14, 2016 that it was delaying the decision on the easement to allow for discussions with the Standing Rock Sioux Tribe, whose reservation lies 0.5 miles south of the proposed crossing. Tribal officials have expressed repeated concerns over the risk that a pipeline rupture or spill could pose to its water supply and treaty rights.
    "Although we have had continuing discussion and exchanges of new information with the Standing Rock Sioux and Dakota Access, it's clear that there's more work to do," Darcy said. "The best way to complete that work responsibly and expeditiously is to explore alternate routes for the pipeline crossing."
    Darcy said that the consideration of alternative routes would be best accomplished through an Environmental Impact Statement with full public input and analysis.
    The Dakota Access Pipeline is an approximately 1,172 mile pipeline that would connect the Bakken and Three Forks oil production areas in North Dakota to an existing crude oil terminal near Pakota, Illinois. The pipeline is 30 inches in diameter and is projected to transport approximately 470,000 barrels of oil per day, with a capacity as high as 570,000 barrels. The current proposed pipeline route would cross Lake Oahe, an Army Corps of Engineers project on the Missouri River....  
Quote of the Day - The Last Word - MSNBC  
 31 OCT 2016 
Quote of the Day - MSNBC's "The Last Word"
ShaileneWoodley
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Download the entire North Dakota Peace Officer Standards and Training Board Law
NDPeaceOfficerStandardsAndTrainingBoard.pdf
(requires Adobe Reader or other PDF file viewer)

    
NORTH DAKOTA'S PEACE OFFICER CODE OF CONDUCT AND OATH
by Al Swilling, SENAA International  -  24 OCT 2016
    North Dakota Law Contains a Detailed Code of Conduct and Oath of Office That Its Peace Officers Must Vow to Uphold--That Applies to the Morton County, ND, Sheriff, His Deputies, and Reinforcements from Other Sheriff's Departments Who Are Working Temporarily for the Morton County Sheriff, or for any other Law Enforcement entity in the state of North Dakota....
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A Word About Brenda Norrell and Censored News
Al Swilling, SENAA International - 14 FEB 2015
   For those wondering why the vast majority of shared posts on SENAA International's Web site and Facebook page are from Brenda Norrell's Censored News, it's very simple—and very complex. For many years, Brenda Norrell was a major journalist for (forgive me, Brenda) Indian Country Today (ICT) until they censored Brenda's articles and terminated her without cause. After leaving Indian Country Today, Brenda created the appropriately named Censored News.
   While at ICT, Brenda was a voice for the Dineh (Navajo) people at Black Mesa, Arizona, where bed partners  Peabody  Coal  and  the  BIA  were trying to forcibly remove Dineh residents from their ancestral homes in order to strip mine the land of its coal. That greed took the form of a contrived, fictional "land dispute" between Dineh' and Hopi....
Censored News by Journalist & Publisher Brenda Norrell
Censored News - 12 FEB 2015
   Censored News was created in 2006 after staff reporter Brenda Norrell was censored repeatedly, then terminated by Indian Country Today. Now in its 9th year, with 3.7 million page views around the world, Censored News is published with no advertising, grants or sponsors.
   Today, Censored News maintains a boycott of Indian Country Today, whose reporters have relied on plagiarism of others' hard work for years, instead of being present to cover news stories. Now, with a collective of writers, Censored News focuses on Indigenous Peoples and human rights. www.bsnorrell.blogspot.com

   Please Donate to and Support this important voice for Indigenous people and human rights. --Al Swilling, Founder, SENAA International
  
Worldwide Prayer Gatherings Will Resume Weekly
by SENAA International  -  28 OCT 2014
   
What Is a Worldwide Prayer Gathering?
   Though the specific details may vary from one support group to another, and from one geographical location to another, the essential concept remains the same.

A Worldwide Prayer Gathering is not so much a physical gathering into one physical location as it is the spiritual gathering of individuals and groups from around the world who are of one mind and one accord into one spiritual place for a common purpose, which is to ask for the Creator's help to bring about the circumstances that will accomplish our common goal according to His promise.
TECH NEWS
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TUTORIAL
LSO MANAGEMENT: What They Are
and What to Do About Them

SENAA International  -  16 FEB 2010
  
Introduction
  
The computing public is becoming increasingly aware of the existence of Local Shared Objects (LSOs), also called "Flash cookies" or "Persistent Identification Elements" (PIEs), the dangers they pose, and the unethical ways that they are placed on our machines. LSOs are the busybodies of  the   Internet,   sticking  their  noses  in   your   personal business  at every opportunity  without  your  knowledge  or consent; and like most busybodies, they're being found out.
   With growing public awareness of LSOs comes a growing demand for effective, real time control of them. Most LSO management solutions offer management or deletion of LSOs after potentially malicious ones have had time to do their damage. Stand-alone LSO management utilities do not offer real time protection, either. This tutorial provides real-time management of LSOs....
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KNOW YOUR RIGHTS
INDIGENOUS, HUMAN, CIVIL, CONSTITUTIONAL

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Constitution of the United States, including the Bill of Rights and Other Amendments
SENAA International  -  28 JULY 2013

   IF YOU DON'T KNOW YOUR CONSTITUTIONAL RIGHTS, LEARN THEM! READ THE CONSTITUTION OF THE UNITED STATES AND THE BILL OF RIGHTS!   
   Transcripts of the Constitution of the United States, the Bill of Rights (1st 10 amendments), and other Constitutional Amendments for your perusal. A public service endeavor of SENAA International.
  

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U.S. Declaration of Independence
SENAA International  -  28 JULY 2013

Transcript of the U.S. Declaration of Independence.  A public service endeavor of SENAA International.
   

Social and Human Rights Questions Permanent Forum on Indigenous Issues: Information concerning indigenous issues requested by Economic and Social Council, Report of the Secretary-General, UN Office of High Commissioner on Human Rights.
UNIVERSAL DECLARATION OF HUMAN RIGHTS
In English and more than 300 Other Languages
NAVAJO NATION BILL OF RIGHTS

  

THIS SITE AND ITS CONTENTS, PAGE DESIGN, GRAPHICS, LOGOS, AND WRITTEN WORKS ARE THE PROPERTY OF SENAA INTERNATIONAL, UNLESS OTHERWISE INDICATED
© 1995 BY SOUTHEASTERN NATIVE AMERICAN ALLIANCE (SENAA)
CLEVELAND, TENNESSEE 37311
© 2016 BY SENAA INTERNATIONAL, HIXSON, TENNESSEE 37343

ALL RIGHTS RESERVED
 

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Medical Fund for
Sophia Wilansky

GoFundMe - 21 NOV 2016
    Sophia Wilansky is a water protector from New York. She left New York City several weeks ago to help with the struggle at Standing Rock. She been an active participate and family to the activist groups NYC Shut It Down and Hoods4Justice. Sophia has always been committed to confronting injustice through vigilance and resistance.
    Sophia was giving out bottles of water to protectors holding down the space when she was shot with a concussion grenade. The explosion blew away most of the muscles, femural and ulnal arteries were destroyed, and one of her forearm bones was shattered. She was air lifted to County Medical Center in Minneapolis were she’s currently undergoing a series of extensive, hours-long surgeries from the injuries sustained from the blast.
    We must to support our comrades when they need us the most. She needs all of us right now. After all she is our family.
    Please consider donating to help pay for her treatment.

 Help spread the word!

Medical Fund for Vanessa (Sioux Z)
GoFundMe - 27 NOV 2016

    Vanessa has been on the front lines fighting DAPL and working security for Oceti Sakowin since September 11. During the action on November 20 at the Backwater bridge, she was intentionally shot in the eye with a tear gas canister from 6 feet away. It was aimed directly at her face by a Morton County officer. She was seen at Bismarck Sanford hospital and released because she had no insurance. She has a detached retina and needs surgery to ensure her vision. She is now seeking medical attention in Fargo. Donations will be used for the cost of the 2 ER visits, surgery, medications, and recovery.

08 December 2016 Worldwide Prayer Gathering Special Prayer

BEGINS: 03:30, 08 DEC 2016
ENDS: When the Judge's Decision Has Been Rendered
LOCATION: Pray from wherever you are. Your prayers will join others.

    SENAA International will be hosting a second Worldwide Prayer Gathering of the month, from 08 December through 09 December 2016 to pray that on Friday, 09 December 2016, the judge will uphold the Army Corps of Engineers' denial of the easement to drill beneath Lake Oahe and the Missouri River; and to pray for protection for those remaining at the Water Protectors camps at Standing Rock, as they brave brutal North Dakota winter conditions
    In addition to prayers for protection for the Water Protectors and Veterans, we ask that you continue your prayers for Vanessa "SiouxZ" Dundon, who sustained serious injury to her eye after being struck in the eye by a teargas canister fired from close range; and for Sophia Wilansky, who faces multiple surgeries after her forearm was almost severed by a concussion grenade thrown at her by a Morton County Sheriff's Deputy or one of the department's hired mercenaries. They are both in need of and deserve our prayers.
    We ask for everyone to lend their spiritual energy to this 2-day prayer vigil.
    One voice singing in an auditorium is sweet to hear, but low in volume. A hundred voices singing in harmony is beautiful and powerful enough to shake the rafters and move the soul.
    Please join us and add your voice to the choir.
    Wado!



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ALL NATURAL and
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The PATRIOT Act's Impact on Your Rights - ACLU
   The ACLU’s National Security Project is dedicated to ensuring that U.S. national security policies and practices are consistent with the Constitution, civil liberties, and human rights.