The U.S. Army Corps of Engineers’ approval of permits for the Dakota Access oil pipeline did not comply with legal consultation requirements, House Democrats Raúl Grijalva and Raul Ruiz, MD, concluded after a forum late last week.
Even as the sale of Cannonball Ranch to Dakota Access LLC was being finalized by its private owners on September 22, Lakota and Apache leaders were in Washington D.C. to give statements before Democratic members of the U.S. House of Representatives about not only the current trials of the Standing Rock Sioux Tribe, but also the bigger picture.
In a two-hour discussion attended by about two dozen lawmakers, a panel consisting of Standing Rock Sioux Chairman David Archambault II, Cheyenne River Sioux Chairman Harold Frazier, Lakota elder Faith Spotted Eagle, Apache Stronghold founder Wendsler Nosie Sr., and youth representative Gracey Claymore spoke and answered questions about the crisis surrounding the Dakota Access oil pipeline’s construction. They also addressed the larger issues surrounding Indigenous Peoples and their relationship with the United States—what consultation really means, what the implications are for industrial projects, and what needs to happen next with Dakota Access.
The discussion ranged from how the permitting process is conducted, to the impact of sacred sites destruction within the context of historical trauma, to the resurgent hope that has indigenous youth standing up for their cultures, and to the very notion of what constitutes archaeology and who gets to define it.
In terms of Congress, what it came down to was a matter of law.
“I just want to remind everybody that the piece of land we’re talking about is on federal land,” noted Ruiz, the ranking member of the House Committee on Natural Resources Subcommittee on Indian, Insular, and Alaska Native Affairs, in closing remarks. “So this is land that is under the jurisdiction of the federal government. And that what we’re talking about here is not just a matter of what is right. It’s the law.”
Not only that, he said, but those laws had been violated, and the U.S. Army Corps of Engineers had been warned earlier this year when three federal agencies wrote separate letters urging the Corps to do a more in-depth environmental and cultural study of the areas of the pipeline that would run through federal land.