Tag: U.S. Army Corps of Engineers

United Nations Denounces North Dakota State Government

Sweet crude oil preparing to flow through the Dakota Access Pipeline as work finishes, a look at the financials and Russian steel origins behind the pipeline

By C.S. Hagen
CANNON BALL
– Bakken oil could be flowing through the Dakota Access Pipeline within a week, but Standing Rock still hopes for a legal miracle as the United Nations condemns what it calls widespread discrimination and North Dakota’s militarized responses.  

As Standing Rock’s legal options diminish, an injunction filed by the Cheyenne River Tribe, part of the Great Sioux Nation, was once again turned down  by federal judges on Tuesday. Previous injunctions filed by the tribe to stop pipeline construction have also been denied by US District Judge James E. Boasberg, citing the the tribe waited too long to bring up the claim under the Religious Freedom Restoration Act. 

Victoria Tauli-Corpuz

United Nations Special Rapporteur on the Rights of Indigenous Peoples Victoria Tauli-Corpuz stated on Monday that Native Americans have the right to defy undue pressures by extractive projects such as the Dakota Access Pipeline. In a scathing report, Tauli-Corpuz said the United Nations is concerned about the safety of indigenous peoples, their cultures, their sacred sites, and their human rights issues in the United States. 

During her human rights mission for the United Nations, Tauli-Corpuz said she discovered widespread discrimination at local and national levels. The Standing Rock Sioux Tribe was not consulted as a sovereign nation. 

“In the context of the Dakota Access Pipeline, the potentially affected tribes were denied access to information and excluded from consultations at the planning stage of the project,” Tauli-Corpuz said. “Furthermore, in a show of disregard for treaties in the federal cross responsibility, the Army Corps approved a draft environmental assessment regarding the pipeline that ignored the interests of the tribe. 

“The draft made no attempt of proximity to the reservation or the fact that the pipeline would cross historic treaty lands of a number of tribal nations. In doing so the draft environmental assessment treated the tribe’s interest as nonexistent, demonstrating the flawed current process.”

The U.S. Army Corps of Engineers continually dismissed risks and did not conduct an adequate cultural assessment before authorizing the pipeline to cross Lake Oahe or authorized the dumping of materials and waste into waters on Indian reservations, Tauli-Corpuz said. The Army Corps utilized a loophole in environmental assessment laws by fast tracking permits, and after the agency approved an environmental assessment study earlier this year, it backtracked and issued the final easement permit. 

Public Service Commissioner Julie Fedorchak has stated that the Standing Rock Sioux Tribe was contacted from the beginning of the pipeline planning stages.

The problem is not contained only to Standing Rock, but widespread throughout the USA, Rauli-Corpuz said.

In addition to local and federal government dismissiveness, Native Americans face the full force of negative health impacts from extraction, with rising levels of heavy metals in water and contamination in livestock from spills, faulty well construction, and the effects of frakking, or toxic and non-biodegradable discharges into surface waters. The oil boom has also enticed thousands of oil and gas workers creating an “incredible increase” of human trafficking, drugs, and sex crimes, Tauli-Corpuz said. 

Highway 1806 – photo by C.S. Hagen

“The trauma accumulated as a result of a the largely discriminatory policies of the government toward Indian tribes and individuals since first contact and today, still results in distrust of government initiatives and poor health outcomes for Indian individuals,” Tauli-Corpuz said.  

Her research showed that government, rather than people, have the final say in matters related to Native Americans, and “it is imperative the federal government properly consult before encroaching on indigenous lands,” Tauli-Corpuz said.

With few legal options left to halt Energy Transfer Partners, the parent company of Dakota Access, LLC, Standing Rock and supporters are preparing to march in Washington DC on March 10 at the Native Nations Rise campaign. 

Activists preparing to leave pause on the Cannon Ball Bridge on Highway 1806 – photo by C.S. Hagen

“They want us to believe that the fight is over,” Standing Rock Sioux Chairman Dave Archambault II said in a press release. “But we can still win this. We can unite in peaceful, prayerful resistance against this illegal pipeline.” 

Officials plan to reopen the tribe’s main artery, Highway 1806, by March 13 if there is “no identifiable threat from protesters to block the highway,” the North Dakota Joint Information Center reported. 

Boom 

The North Dakota political machine has been repeatedly rated one of the worst in the United States for transparency by political watchdogs such as The Center for Public Integrity, and its reactions toward the Dakota Access Pipeline controversy have been scrutinized by press from around the world. 

Before pipeline construction began, a 78-page assessment report was compiled by Iowa-based Strategic Economics Group, Inc., written by Harvey Siegelman, Mike Lipsman, and Dan Otto, for Energy Transfer Partners. 

The pipeline companies promised jobs, growth, and stability, according to the November 12, 2014 report entitled Assessment of the Economic and Fiscal Impacts of the Dakota Access Pipeline in North Dakota, South Dakota, Iowa, and Illinois.

The report states that the pipeline project would create approximately 32,721 job-years – amount of work done by one person for one year. An average salary per worker was listed as $57,000 a year. “The increase in employment will generate a $1.9 billion increase in labor income, and a nearly $5 billion increase in production and sales in the region,” the report stated. 

After the pipeline is finished, 160 ongoing jobs will be added to the economy in North Dakota, generating $11 million in labor income and more than $23 million in new production and sales per year, the report promised. 

The pipeline was planned to cost Dakota Access, LLC $1.4 billion in North Dakota, of that amount an estimated $655.9 million, or 47 percent totaling $397 million, was planned to result in direct and indirect purchases in North Dakota. 

The total impact of the pipeline project in North Dakota was expected to add nearly 7,700 job-years of employment, generate more than $450 million in labor income, and add about $1.05 billion to the production and sales within the state, according to the report. Additionally, the state was to benefit by receiving revenues of approximately $32.9 million in taxes, of which $1.7 was for local governments, and $5.9 million from individual income taxes. During the first year of operation the state is slated to receive $13.1 million in new property taxes for local governments. 

The construction state of the pipeline was expected to generate $9.6 billion in total output nationally, but only half of that, $4.96 billion in output, or production and sales, would be captured in the four-state area. “That is because many of the manufacturers of products that will ultimately be purchased for this project are located outside of this region,” the report states. 

More than two years after the report was written, one of the authors, Lipsman, said he felt that the report will prove accurate, but that at least two more years were needed for government agencies to compile all the necessary information. 

“Obviously there’s been a lot more spent by Dakota Access because of all the slowdown,” Lipsman said. “Initially, we thought the construction would take two years, and then we came back and they said it would take one year, but with all the delays it’s now in the second year.”

Crews moved from state to state, Lipsman said, and although the actual number of people on the job might be less than what Strategic Economics Group, Inc. reported, he calculated job hours, and not actual personnel numbers.

“Especially since they were doing this so fast a lot of people got significant overtime, Lipsman said. “When we did ours in job years, the actual number of people who were on the project might be less than what we forecasted, but that was because we assume a 40-hour week, but if someone is working 15 to 20 hours of overtime you have less bodies but still as much labor going in.”

The Dakota Access Pipeline used less than 57 percent American-made steel, according to the Midwest Alliance for Infrastructure Now, an industry group lobbying for completion of the pipeline. Despite President Trump’s executive order demanding pipes to be made from American-manufactured steel, most if not all of the steel pipes planned for the Dakota Access Pipeline and the Keystone XL projects have already been purchased. Piles of steel tubes are scattered throughout the Midwest. 

Dakota Access, LLC pipes – online sources

“Much of the steel for the Dakota Access project appears to have been manufactured in Canada by EVRAZ North America, a subsidiary of the Russian steel giant Evraz,” according to DeSmog, a news outlet focused on global warming misinformation campaigns. 

EVRAZ is owned in part by Roman Abramovich, a Russian multi-billionaire who assisted President Vladimir Putin into office in the late 1990s, according to DeSmog. The company’s management team is nearly all Russian nationals and former government workers, which should send red flags up with all American companies. 

For the 2013-2014 fiscal year, Abramovich reported a record profit of £18 million, according to media outlet Journal Star.  

Bakken oil production saw its “largest decline ever in North Dakota production” in September 2016, pumping out 895,330 barrels per day, according to media outlet Oil Price. Production of oil rebounded to 942,455 barrels in December 2016. The price of North Dakota sweet crude was up slightly in January to $40.75, and in February up again to $42.50 per barrel, which is a far cry from the all-time high in 2008 of $136.29 per barrel, according to Oil Price.

Winona LaDuke, a longtime activist and founder of Honor the Earth, disagrees with the math behind Bakken oil. She was part of the fight that shut down Enbridge’s Keystone Pipeline, and says that since Enbridge is an approximately 28 percent investor in the Dakota Access Pipeline, or as she says the Dakota Excess Pipeline, Enbridge should also be responsible for 28 percent of the injuries that occurred outside of the Standing Rock Sioux reservation. 

LaDuke says the Bakken oil patch is busted, and the state should be focused more on infrastructure on people rather than for companies. More people today are employed in solar energy facilities than in oil patches, LaDuke said, and the future does not rest with fossil fuels. 

Government projections estimate 900,000 barrels of oil will be hauled out of the Bakken per day until 2019. “What I’m trying to figure out is where’s the oil for the 570,000 barrels a day pipeline you are shoving down our throats? All the oil going out of there now, is the same that will be going out of there in two years.” 

 

The workforce and mineral rights

On the ground reporting, live streaming videos, and reports from activists in the field rarely reported seeing local license plates on Dakota Access Pipeline vehicles, semis, or trucks. And while the state has been quite content bringing in outside companies, supplies, and an out-of-state workforce for the project, its response has shown contempt against all outside activists fighting the Dakota Access Pipeline.

The North Dakota Joint Information Center frequently posts updates on arrests, identifying repeatedly that out of the 761 people arrested, 94 percent were not from North Dakota. 

Former main entrance to Oceti Sakowin blockaded against police advance – photo by C.S. Hagen

On the construction side of the pipeline, Pam Link, director of governmental relations and new business development for the Laborer’s International Union of North America Local #563, said business couldn’t be better. In 2016, Local #563 had from 400 to 600 union members working on the Dakota Access Pipeline.  

“A vast majority of them were North Dakotans,” Link said. Most of the jobs were short term, but members are already back at work across the state, she said. Her union currently has approximately a dozen workers involved at the drill pad crossing the Missouri River. “We have massive work going on, starting right now, it’s unbelievable, how busy we will be, it’s unbelievable how much work we have.”

Link wouldn’t say if the work load increase was due to changes made by Trump’s Administration, but said in 2016 her union was focused primarily on the Dakota Access Pipeline.

Local #49 of the International Union of Operating Engineers, Laborer’s International Union of North America Local 300, and the International Brotherhood of Teamsters, among others, also had members working on the pipeline, according Link. None replied to telephone calls for comment. 

“A larger percentage of positions in the earlier phases of oil development are shorter term or transient in nature, but as more wells are added, more people will be needed to service and maintain those wells,” Tessa Sandstrom, the director of communications for the North Dakota Petroleum Council, said.  

Not including transportation and construction jobs, the Bakken workforce has increased from 5,000 jobs in 2005 to 81,500 in 2013, Sandstrom reported. Numbers began to decline in 2015, but “they will still be a pretty big chunk of North Dakota’s total workforce,” Sandstorm said. 

“The petroleum industry will continue to provide economic, tax, employment, and energy security benefits well into the future of North Dakota,” Sandstorm said. “The Dakota Access Pipeline will play a large part in that because it will make transporting North Dakota crude more economic which means we will get a better price for the barrel.”

Pipeline oil will decrease the cost of transportation per barrel, allowing the state to accumulate at least $100 million or more per year if total oil prices do not sink lower than $50 per barrel, Sandstrom said. While the pipeline controversy cost the state more than $38.2 million taxpayer dollars, according to information released Tuesday by the North Dakota Joint Information Center, the state could easily see its investment paid back through pipeline taxes. 

“It’s easy for detractors to immediately jump to this as being only a benefit for the oil companies, but it, in fact, is a boon to the state and mineral owners as well. Mineral owners would stand to gain between $100 to $120 million per year because of this pipeline”

“In terms of businesses benefitting from oil and gas development, it is not a few local drillers who benefit from the work here,” Sandstorm said. 

North Dakota has more than 400 individuals and 115 companies or independent contractors who are involved in the drilling and well production processes in the Bakken, Sandstorm said. There are also 117 certified native-owned companies that provide oil and gas development services. According to a 2014 study made public by the Manhattan Institute for Policy Research, more than 876 business in North Dakota are part of the larger oil and natural gas supply chain. 

“These aren’t just the stereotypical roughnecks or roustabouts either,” Sandstorm said. “These positions, businesses, and contractors range from the skilled trades, such as electricians, to engineers and from human resources professionals to legal and environmental consultants.”

Exact numbers of people employed or those who are benefitting from the Dakota Access Pipeline, such as mineral rights owners,  are at best difficult to pin down. At the height of the state’s most recent oil “boom” from 2010 until 2014, the state’s population increased by 66,000, according to the North Dakota Census Office. 

Gary Preszler, chairman for National Host Production Deduction Committee and former commissioner for North Dakota Land Management, also owns a large mineral interest in Billings County, from  which he said the royalty payments have put his children through college.

“The average mineral owner is not going to get wealthy from their checks, because wells deplete and start producing less and less,” Preszler said. “The average mineral owner is not going to have any life-changing windfall. They might improve their lifestyle a little bit.”

The average mineral rights owner is a retired elderly person receiving $50 a month, he said. 

The history of mineral rights in North Dakota is confusing even to oil company accountants, and many mistakes have been made in the past, Preszler said. The puzzle dates back to the 1930s Great Depression when many farmers and ranchers sold their mineral rights to survive. 

At the beginning, the state kept five percent of the mineral rights giving 95 percent to purchasers, then in the late 1940s, the state began keeping 50 percent, then 100 percent in the 1960s, Meszler said. Farm credit service banks and the state-owned Bank of North Dakota also own mineral rights in western North Dakota’s oil-rich lands from foreclosures, and typically keep 50 percent mineral rights when land is resold. Professional oil workers and oil companies also have purchased mineral rights directly from landowners. 

Today, third generation cousins scattered across the United States and oblivious to their ownership titles also are heirs to mineral rights, Preszler said. 

“When you’re a mineral owner, it’s not all the sudden the money pours in,” he said. Oil price swings, production tapering, and mechanical failures fluctuate royalty checks. Sometimes, “You go that mailbox for the month and there’s nothing there,” Preszler said.

The Minerals Management Division of the Department of North Dakota Trust Lands manages 2.567 million mineral acres throughout the state, of which 1.215 million mineral acres are in the oil and gas producing counties, and another 1.352 million acres are in non-producing counties. Schools and other trusts own 1.84 million acres, and foreclosed properties formerly managed by the Bank of North Dakota and Sovereign Lands make up the remaining 728,000 mineral acres.

The state of North Dakota covers 45,250,560 acres, according to North Dakota Studies, of which, including some acreage in South Dakota, 4,689,920 acres are on Native American reservations. The Bakken oil patch, in its entirety, spans approximately 15,360,000 acres.

While some in the Peace Garden State may be profiting from Bakken oil and the Dakota Access Pipeline, few think about the long term environmental and sociological effects, the reason behind Standing Rock’s resistance against the pipeline. Additionally, the United Nations wants the state to pay more attention to those who are to a large degree not profiting from the oil “boom.” 

“The United States government should fully realize the rights of indigenous peoples as enshrined in the UN declaration and the rights of indigenous peoples, and i strongly recommend that the United States government continue to improve on its policies to develop stronger government and government relations with the tribes,” Tauli-Corpuz said.

The Final Standing Rock

 Former Oceti Sakowin Camp cleared, 47 arrested, some flee across river to Sacred Stone Camp

By C.S. Hagen
CANNON BALL – Twenty hours before the U.S. Army Corps of Engineers’ deadline to evacuate the Oceti camps, the thunder beings arrived. 

And geese returned home a month or more early. 

Signs, activists say, like the the herded buffalo that charged near law enforcement in November 2016, or the golden eagle who perched for hours on a nearby fence, that nature is listening. 

On the final day for the Standing Rock camps’ fight against the Dakota Access Pipeline, native songs and flames filled the air. No tears, many smiles, for their cause – to protect water and indigenous rights – had just begun, activists said. 

First structures set ablaze at the Oceti camps February 22 – photo by C.S. Hagen

“People on the ground are doing the right thing,” long time activist and attorney Chase Iron Eyes said. Lightning streaked in the horizon as he spoke. 

“They are surrounding us on all sides, not only by the United States military the Army Corps, but by the National Guard, by Morton County Law Enforcement, by every small town and county in North Dakota, and by private DAPL mercenaries. But add to that there are federal Indian police that answer to the Bureau of Indian Affairs, which answers to the Department of the Interior, and used to answer to the Department of War, and now those federal Indian police answer to President Trump.” 

Shiyé Bidzííl, a Standing Rock Sioux activist, has spent many of the winter months at the Oceti camps. He experienced difficulty live feeding one hour before the Army Corps deadline of 2 p.m. Wednesday, and climbed out of the floodplain onto Highway 1806 – where law enforcement kept journalists and legal observers at bay – to get better reception.

“All this stuff we’re doing to Mother Earth here is very wrong,” Bidzííl said. “And in the end, it’s not DAPL, it’s not Morton County, it’s not the water protectors who will have the last say so. All these beings are signs, we’re talking about the thunder beings, the eagles, it’s here. It’s right before our eyes.”

Shiyé Bidzííl, a Standing Rock Sioux, prepares to leave an hour before deadline – photo by C.S. Hagen

Behind Bidzííl, another tipi burst into flames. In all, more than 20 structures including tipis, tents, and makeshift homes were burned to ash. Each flame burst was preceded by an explosion. Two people, a seven-year-old boy and a 17-year-old girl were burned, and had to be transported by the Standing Rock ambulances to local hospitals, according to the North Dakota Joint Information Center. 

“This camp might be burning down, but this is just the beginning of it,” Bidzííl said.

Camp structures were burned not for vengeance, Bidzííl said, but for cleansing. 

“It’s a way of leaving a place that we’ve held so long here, and burning down a structure is a part of that ceremony of leaving things. Burning. Burning all the prayers, all the traditions, all our fights, courage, bravery, strength, all going up in flames. Everything we do here means something.”

Burning their tents activists have called home for months, is also their way of giving back to nature. 

“Burning your camp, burning your tipi, burning a place you’ve called home, because the enemy is coming in to attack you, and we don’t want them touching anything. We don’t want them coming into our tipi and our home. So what do we do? We burnt it. And for us we’re burning it back, let it go back to its natural state of being.”

Guardhouse of the Oceti camps ablaze – photo by C.S. Hagen

South on Highway 1806, across the Cannon Ball Bridge, busses and state-sponsored travel-assistance packages worth $300 were waiting for anyone who wanted to leave. 

Activists at Oceti entrance while fires rage behind them – photo by C.S. Hagen

No one volunteered, Highway Patrol Lt. Tom Iverson said. The services, which included a hot shower, food, taxi money, and a bus ticket home, were going to be available until 5 p.m. Thursday, according to the North Dakota Joint Information Center. 

Jennifer Cook, a legal observer from the North Dakota ACLU was worried about being stuck behind cement barricades, hundreds of meters away from the camps. 

“We are only here to observe actions, we’re not here to protest, we’re only here to record what we see and what we hear,” Cook said. She has seen an improvement in police responses since Governor Doug Burgum took office.

“Our hope is our access will continue, and that we will be able to ensure that this is a peaceful and safe removal of any water protectors that choose to stay in the camp past the two o’clock deadline.” 

Shortly before 2 p.m. deadline, a group of at least 60 activists paraded from Oceti’s front entrance to where a United Nations College bus waited to escort them away. Many were covered in mud, their possessions were meager. Some wore plastic bags to protect themselves from stinging snowflakes. Burning sage and hugs accompanied drumbeats as water protectors – now friends – said their farewells. 

Old Glory and the “shroud-like” image in the flag, activists marching out of the Oceti camps – photo by C.S. Hagen

Across the Cannon Ball River, however, a handful of up to 100 activists refused to leave. Morton County Sheriff’s Department reported 10 people were arrested on Wednesday. Law enforcement did not infiltrate the camps as sundown approached. International journalists from the New York Times, Fox New, CBS, ABC, and local reporters from the Bismarck Tribune, and the Grand Forks Herald lined up like Civil War gentry awaiting a spectacle behind a serpentine wall as the clock struck 2 o’clock. 

More than 100 police officers from counties and cities – Fargo to Kenmare – including the Wisconsin Sheriff’s Department, planned to “ceremoniously arrest” activists, Iverson said. A ceremonious arrest is a staged event meant to show law enforcement’s restraint, but the arrests accompanied real trespassing charges, Iverson said. 

“It’s not going to end today,” Iverson said. “There are multiple camps.” 

Law enforcement also wanted to inspect every dwelling in search of possible crime scenes including missing persons or drugs, Iverson said. Setting fire to structures was hindering police investigations.

“It’s hypocritical to say it’s about clean water when things are on fire and things are exploding,” Iverson said. 

Early morning Backwater Bridge and snow – photo by C.S. Hagen

Earlier on Wednesday, Burgum’s policy advisor, Levi Bachmeier, asked camp wellness director Johnny Aseron for permission to allow armed police with cleanup crews into the camps before the deadline. 

“Armed or unarmed?” Aseron said. “While we are in a cleanup day we’re going to have armed officers in the camp?” 

The offer was refused. The cleanup crews were turned away, according to Iverson. Early Thursday morning the North Dakota Joint Information Center reported no major movements from either law enforcement or the activists remaining in the camps. Law enforcement plans to raid all camps on Army Corps lands, but not the private land at the Sacred Stone Camp. 

Camp leaders also requested a “Geneva space” at the southern end of the Oceti camp for those who wanted to peacefully resist. Their offer was accepted by the governor’s office until 2 p.m. Wednesday. 

Activists said law enforcement were fearful, they, however, were not. 

“Fear,” Bidzííl said. “A wonderful, beautiful, chaotic way of explaining everything. We can use fear to fight fear. I allowed myself to be put into that situation in order to rid the fear in me.

“We got people heading out, we got people with prior felony warrants who are making that choice today to stay here or get out of camp and protect the knowledge and keep it going.” 

Bidzííl planned to leave by the 2 p.m. deadline, and head to Iowa to continue the fight against pipelines. Last December, he recalled being threatened by locals in Bismarck while trying to check into a hotel. 

Tipis and structures burned for a reason – photo by C.S. Hagen

“They terrorized me a lot, but little did they know… all my fear came out of me. I’m not scared to go and do anything or say anything, because it is my right.” He was threatened by locals in Bismarck last December while trying to check into a hotel. 

Since President Trump’s executive orders to expedite the Dakota Access Pipeline, and the Army Corps’ sudden issuance of the final easement under the Missouri River under Lake Oahe, less than one mile from the Standing Rock Reservation’s border, Bidzííl has frequently heard the DAPL equipment digging. 

“There’ more power in ourselves when we show we can stand up to the fear, the racism, and the terrorizing.” His experience at the camps, which have stood in resistance to big oil interests since April 2016, have united hundreds or tribes across the world, and was at one time North Dakota’s tenth largest community, has changed him, he said. 

Activists salute at the front entrance of Oceti camps – photo by C.S. Hagen

“There’s so much militarized force here, but that’s how much fear they have in them,” Bidzííl said. “They have to show their superior force to make them feel okay with themselves.” 

He knows all about the indigenous struggles, and how Native Americans have been given more than a “bad shake” since the 1851 Treaty of Fort Laramie. 

“You know what’s different about it this time? They created something that creates fear in their eyes so much, and that’s called water protectors. We’re here to protect water, but at the same time we’re here to protect what’s right in this world.” 

Law enforcement cleared the former Oceti Sakowin Camp by 2:09 p.m Thursday, arresting 46 activists who refused to leave the main camp area, according to the North Dakota Joint Information Center. 

“The past two days have gone very smoothly in a challenging environment and complex effort to clear the camp,” Burgum said in a press release. “Dozens of local, state, and federal agencies showed tremendous coordination to ensure the prices was conducted safely and securely.”

No less than lethal force was used during the overtaking of the former Oceti Sakowin, the North Dakota Joint Information Center reported. A group of veterans occupying a tent refused to leave voluntarily, but would exercise passive resistance resulting in law enforcement carrying them out. 

One activist waited for police on a rooftop. Approximately 60 activists fled to the frozen Cannon Ball River, and many others escaped to Sacred Stone Camp, which is on private land and was not to be cleared, according to government spokespeople. 

As of February 21, the North Dakota National Guard accounted for 35,412 man hours spent guarding road blocks and assisting police, and 1,421 guard members were called for duty throughout the controversy, according to the North Dakota National Guard. The North Dakota National Guard spent a total of $8,752,232 during the months after former Governor Jack Dalrymple called a state of emergency in August 2016. 

 

Veteran who spoke to police on behalf of an elderly woman in the camp being arrested – photo provided by North Dakota Joint Information Center

Activist being arrested – photo provided by North Dakota Joint Information Center

Well armed police prepare to clear an area – photo provided by North Dakota Joint Information Center

Law enforcement entering former Oceti Sakowin Camp – photo provided by North Dakota Joint Information Center

The State’s Siege of Standing Rock

The state’s stranglehold on the anti-DAPL movement squeezes shut, veterans speak out

By C.S. Hagen
CANNON BALL – Standing Rock’s fight against the Dakota Access Pipeline has all the ingredients of legend, with only the ending remaining be be told. Centuries past, bards would be tuning their lutes, preparing lyrics, in fact, modern singers such as Neil Young, Dave Matthews, the Black Eyed Peas, Trevor Hall, and many Native American talents have already immortalized Standing Rock’s resistance. 

“If you are a rock, stand up like a mountain,” Hall sang about Standing Rock

Two months ago, the story promised a happy ending for activists: the U.S. Army Corps of Engineers halted the pipeline, ordered an environmental impact statement, and thousands of veterans converged into the camps. The caravan stretched for miles, cars – bumper to bumper – for a full day and a night. 

Activists offering thanks of sage, fir nettles, and tobacco to the former Oceti Sakowin sacred fire – photo by C.S. Hagen

Proponents of the pipeline however, bided their time, waited on a savior. Bending to pressure from President Trump’s Administration, the Army Corps has issued the easement needed for Dakota Access, LLC to complete the pipeline, and have said nothing about the continuation of its promised environmental impact statement. The Peace Garden State’s tactics against the Standing Rock camps – pitted for an ongoing 190 days against the 1,172-mile pipeline – were nothing more than a slowly-squeezing siege, activists and veterans say, calculated and methodical. Like a medieval siege. 

Activist at Highway 1806 barricade – photo by C.S. Hagen

“It started with the roadblock, which brought economic sanctions against Standing Rock,” attorney and long time activist Chase Iron Eyes said. “It was a genius move, but now the walls are definitely closing in.” 

Once North Dakota’s tenth largest community with more than 10,000 people living in the floodplain along the Cannonball River, the remaining activists now number only 400, Iron Eyes said. Calls have gone out to return; some, including veterans, are heeding the cry for help. 

“Numerous law enforcement and federal agencies have severely limited access to the camps at Standing Rock,” Mark Sanderson, executive director for VeteransRespond said. “They run propaganda and psy-ops against any group going to help. You can’t make it to camp without going through roadblocks or checkpoints. The situation on camp is that many necessities are very limited. Clean drinking water for one is hard to get, fuel for generators, food.”

 

Siege (n.) early 13th century, from Vulgar Latin ‘sedicum’ meaning ‘seat’

Militarized law enforcement began its siege by closing down Highway 1806, and then erecting a blockade on Backwater Bridge to rival Korea’s Demilitarized Zone. One of the first rules of a siege is to isolate the target, like the Arabs did against Constantinople in 717 CE, or Nazis 872-day siege against St. Petersburg in 1941, or the 1,425-day siege of Bosnian Serb’s against Sarajevo in 1992.

Law enforcement and the North Dakota National Guard toyed with closing the road down for nearly three months before making the blockade official in late October 2016.

Former Governor Jack Dalrymple set the stage. In August 2016, he declared a state of emergency. Two months later he issued an emergency evacuation order, further declaring anyone caught supplying Standing Rock with goods or equipment could face a fine of up to $1,000.

DAPL Front lines in January 2016 – photo provided by Johnny Dangers

Besieging forces are not allowed to target civilians, according to the U.S. Army field manual’s Additional Protocols of 1977, and relief agencies are authorized to provide aid to people in need. A day after the threat was issued by Dalrymple, he backtracked, saying police would not target people or close down additional roads.

Backwater Bridge is the site where Morton County Sheriff’s Department hosed activists in below freezing weather; the site where Sophia Wilanksy nearly lost her arm; the site where trucks were burned, where disguised infiltrators attempted to gain access to the main camp, and the site where dozens were maced, injured, and arrested. Instead of using trebuchets and crossbows, law enforcement used its “non-lethal” arsenal of pepper spray, water cannons, and percussion grenades.

It was also the site of prayers, burning sage, traditional dances, and colorful banners. 

 

Surrounded on all sides

The state’s next move was to encircle the Standing Rock camps. A second rule for laying siege is to completely surround the target, preventing food, water, and supplies from assisting the besieged. Activists at Standing Rock soon found themselves trapped behind razor wire, mace, rubber bullets, and concussion grenades. The only route in or out was to take Highway 6, which easily added 40 minutes driving time. 

When activists attempted to reach the DAPL drill pad in November, hundreds of police waited along Cantapeta Creek, showering activists in frigid water with pepper spray. When they marched on Backwater Bridge, they were hit with water cannons, percussion grenades, mace, and pepper spray. When activists plowed through snow and across a frozen Cannon Ball River in January, they were met, once again, with razor wire and more mace. 

Activists nearing DAPL drill pad – photo provided by Johnny Dangers

Many of the actions taken by activists occurred on reserved lands the Sioux Nation agreed to during the 1851 Treaty of Fort Laramie, and have never relinquished, according to Standing Rock Sioux Tribe Chairman Dave Archambault II. Lands north of the Cannon Ball River were taken from the Standing Rock Tribe after massive devastation from damning the Missouri River during the Pick-Sloan legislation. 

Police sprayed mace and pepper spray intermittently at activists in Cantapeta Creek – photo by C.S. Hagen

“They’ve also encouraged the local economies to participate in the siege by denying support to those trying to secure goods for camp,” Sanderson said. Sanderson retired from the US Army in 2015 as a Sergeant First Class. He was a designated marksmen and was awarded the Purple Heart after being wounded in Baghdad, Iraq during Operation Iraqi Freedom. 

Riot police spray activists at Backwater Bridge – photo by Rob Wilson Photography

“They make it seem like we’re all coming with intentions of building bombs and getting into confrontations, they’ve successfully turned a large group of Americans against veterans.”

 

Psychological warfare 

Next came psychological and according to some, biological warfare. Although Morton County denied the use of chemicals against activists near Standing Rock, more than 40,000 pounds of Rozol Prairie Dog Bait, an anticoagulant rodenticide, were purchased by a nearby rancher, David Meyer, of Flasher, according to the United State Environmental Protection Agency. A portion was spread across more than 5,408 acres of nearby pasturelands in the spring of 2016, the same time activists began gathering at Sacred Stone Camp. Investigators said the chances any of the more the 20,000 people who traveled through Standing Rock being poisoned were remote, nearly impossible, but many activists retain their doubts. Questions have arisen as to whether humans now suffering what is known as the “DAPL cough” might not have been affected. 

Frozen water at Backwater Bridge – photo by Rob Wilson Photography

“There have been no substantiated clinical cases of Rozol poisoning traced back to camp exposure,” NDResponse.gov, a state information delivery platform said. “Wood-burning stoves, kerosene heaters, and other temporary forms of heat have been known to cause lung, nose, and eye irritation. An ongoing cough is not consistent with Rozol exposure.” 

Sound cannons, attack dogs, and tactics causing hyperthermia, were also used against activists admittedly trespassing during their repeated marches on the pipeline. 

Airplanes and helicopters surveyed the camps daily. Cyber warfare ensued, including reports of mass data seizures, electronic bugs, stolen files, according to the Lawyer’s Guild Mass Defense Committee and nonprofit Geeks Without Bounds. 

Coldness of river, evident by discoloration on activist’s back – photo by C.S. Hagen

Medics battle hypothermia and hurry to warm activist – photo by C.S. Hagen

And then came Standing Rock’s victory on December 4, celebrated as joyous news to many activists. Standing Rock Tribal Council asked everyone to return home, winter was coming, and the camps’ numbers dwindled. 

Some, including Iron Eyes, stayed. The December victory was an ingenious stall of time, he said. A besieging army would never dare attack a force with far superior numbers. 

“December 4 was no victory at all,” Iron Eyes said. “We didn’t win. They told us to go home because ‘we won,’ ‘our prayers were answered.’”

State tactics were seemingly pulled straight from a page of Sun Tzu’s ‘Art of War.’ 

“It turned the Standing Rock Sioux Tribe, under economic duress, against the same people they were supposed to protect.” He is currently in Canada, but plans to return to Standing Rock later this week. He faces a Class C felony charge of inciting a riot, and he’s also planning lawsuits against Morton County. 

“Morton County is trying to throw me back in prison,” Iron Eyes said. In addition to being the founder of media outlet Last Real Indians, Iron Eyes ran for a congressional seat in 2016. “It seems ludicrous to me.” 

Iron Eyes is worried that the Army Corps’ deadline for all camps to be evacuated by February 22 will be the government’s final assault. 

“I’m afraid it will look like the Siege on Fallujah,” Iron Eyes said. 

Activists hugging each other as law enforcement issue final warning to move – photo by C.S. Hagen

VeteransRespond

When pipeline proponents’ savior, President Donald Trump, ascended to the White House in January, political attacks intensified. In addition to Morton County Sheriff’s Department propaganda program entitled “Know the Truth,” which includes short videos from the law enforcement side of the controversy, the state kickstarted a website called NDResponse.gov, a “a single source of accurate and timely information.”

Veterans for Standing Rock before the former Oceti Sakowin Camp sacred fire on December 4 at – photo by C.S. Hagen

Politicians, including Representative Kevin Cramer, R-N.D., Morton County Sheriff Kyle Kirchmeier, and Morton County Commissioner Cody Schulz called activists paid protesters, and blamed missing livestock in the area on activists while the case is still ongoing by the North Dakota Stockmen’s Association. 

“As many as 14 dead or missing animals have been reported in the vicinity of the encampments,” NDResponse.gov reported. “Whether any of those animals were consumed illegally is part of an ongoing investigation.”

The state is further attempting to sway public opinion by depicting activists as careless by disseminating video of trash being compiled at the former Oceti Sakowin Camp. The state’s official stance is that activists are trucking garbage to one camp location and dumping it for a consolidated pick up, but at the same time report officers are digging through the trash looking for dead bodies. 

“The veteran community is being targeted as they would a minority,” Sanderson said. “We feel like the supporters of the civil rights movement.”

Although more than 700 people have been arrested, Morton County Sheriff’s Department broadcasted a case on Monday saying “Leader of VeteransRespond Cited for Drug Possession.” Matthew Crane, VeteransRespond chief operations officer, who uses medical cannabis to treat PTSD, and three others were cited after they traveled beyond the road closure sign on Highway 1806 near Fort Rice. 

Matthew Crane – Facebook page picture

“One of the occupants turned over a smoking device identified as a pipe used to ingest marijuana,” the North Dakota Joint Information Center reported. “At that point, all occupants and their luggage were removed from the vehicle and searched by the K-9. A bag of marijuana was located with Crane’s name on it.” 

Medical Marijuana was legalized by every state district in North Dakota last November. The bill, known as the North Dakota Medical Marijuana Initiative, is currently under review after being postponed and rewritten by state legislature. 

Posted on the VeteransRespond’s Facebook page, volunteers have begun to arrive at the Standing Rock camps. They’ve been chopping wood, setting up kitchens, and helping with the trash situation. 

Fueled by a national wave led by “alternative facts” and President Trump’s big oil agenda, Pro DAPL supporters have stepped up their attacks – verbal and physical – against anti DAPL supporters lately, Sanderson said. Verbal attacks are hitting online, and law enforcement is hunting veterans on the roads. Some media outlets have reported that the Federal Bureau of Investigation’s terrorism task force is aggressively monitoring people affiliated with the No DAPL movement. 

“Much of this negative energy is a result of two encounters with law enforcement, one in North Dakota and another in South Dakota,” Sanderson said. “Our Chief Operations Officer, Matthew Crane, was cited for having less than a gram of medicinal cannabis on him, he took ownership that it was his and received a ticket. He was not arrested. The Morton County Sheriff’s department felt necessary to issue a press release about this citation calling our organization out by name and inaccurately attributing an arrest in South Dakota to our organization.” 

Travis Biolette was traveling through Sough Dakota and was arrested for possession of hash oil, Sanderson said. Biolette is not a member of VeteransRespond, but the group picked him up when he was released from jail. 

“While we respect state and federal laws we also respect the right to a veteran’s safe access to his or her medicine,” Sanderson said. “Many of our core members suffered from opioid and amphetamine addiction upon leaving the service and have found a better way forward with the help of medicinal cannabis.”

Biolette is in good spirits, and currently at the camps, he said on his Facebook page. 

“As soon as the police found out I was going to Sacred Stone Camp I was placed in the police car and searched,” Biolette said. “I am currently free and have to go to court on February 27th. I am looking at five years in a state penitentiary of South Dakota for medical marijuana that the state of Michigan has determined I need. I am currently looking for legal representation to prevent that prison time.”

“It’s hard to imagine a time in America when police officers would target a veterans group for trying to help a community and support our fellow vets,” Sanderson said. “They certainly do all they can to deny support to the camp and use disinformation and propaganda against anyone who tries to help, even those like us that come in peace.”

Sanderson previously joined the December veterans at Standing Rock, and said at that time 300 cots provided by the American Red Cross were denied entry to Standing Rock by Morton County Sheriff’s Department. 

In total, 705 people have been arrested since August 2016, with 92 percent of those arrested from out of state, 212 people arrested had prior criminal records, 33 arrested had a history of violence, 40 with a history of theft, robbery, or burglary, and 41 previously cited or arrested for drug possession, according to the North Dakota Joint Information Center. 

The total cost to taxpayers in North Dakota so far is $32.9 million, with $25 million going to salaries, $3.6 million going toward personnel support, including travel and lodging, and $4.3 million going toward equipment and supplies to survive the winter, according to the North Dakota Joint Information Center. 

The North Dakota Department of Transportation announced on Monday that Highway 1806 closure point was changed from south of Mandan to County Road 135, north of Fort Rice, allowing eight more miles of open highway. 

 

North Dakota Legislature

The Peace Garden State’s political siege against those who openly differ in opinion has taken the frontline in the forms of proposed bills to strike fear into activists and future protesters. One of the bills hit activists in the pocketbooks, another tried to legalize the “unintentional” killing of protesters. 

North Dakota Legislative ‘scoreboard’ on HB 1203 – photo provided by North Dakota Human Rights Coalition

House Bill 1203, the proposal that attempted to legalize the unintentional running down of protesters blocking public roadways died in the house on Monday. Other bills created as direct responses to the DAPL controversy have passed the house and will soon be voted on in the senate: House Bill 1304, the law that would outlaw wearing ski masks and face coverings in public, House Bill 1293, the bill that would essentially legalize shooting to death trespassers even if there was space to retreat, House Bill 1426, which stiffens laws against protesters, and House Bill 1193, which prohibits “economic harm” due to disorderly conduct.  

Senate Bill 2337, a bipartisan bill that would have enacted cultural competency training for legislators was killed 26 to 20 on Tuesday. 

“A ‘disease of the mind’ has set in world leaders and many members of our global community,” Keeper of the Sacred White Buffalo Calf Pipe Arvol Looking Horse said. “With their belief that a solution of retaliation and destruction of peoples will bring peace. We need to understand how all these decisions affect the global nation; we will not be immune to its repercussions.”

DAPL Easement Issued, Pipeline Work Will Soon Begin

Army Corps ignores EIS commitments, President Trump has heard no complaints about pipelines

By C.S. Hagen
CANNON BALL – The U.S. Army Corps of Engineers issued the final easement needed to complete the Dakota Access Pipeline Wednesday afternoon, sparking fierce criticism from tribal leaders and opened the doors to intensifying condemnation from Peace Garden State political leaders against the Standing Rock Sioux.

“On February 8, 2017, the U.S. Army Corps of Engineers granted an easement to Dakota Access, LLC allowing the installation of a thirty-inch diameter light crude oil pipeline under federal lands managed by the Corps at Oahe Reservoir,” Capt. Ryan Hignight reported in the Army Corps’ press release.

“The granting of this easement follows the February 7 Secretary of the Army decision to terminate the Notice of Intent to Perform an Environmental Impact Statement and notification to Congress of the Army’s intent to grant an easement to Dakota Access for the Lake Oahe crossing.”

Standing Rock Sioux Tribe Chairman Dave Archambault II was on a flight to Washington D.C. when he first heard President Trump’s remarks about hearing ‘no complaints’ from anyone regarding the continuation of the Dakota Access Pipeline, according to the Standing Rock Sioux Tribe Facebook page. He learned that the easement had been issued after he landed.

Archambault responded to Trump by cancelling the meeting saying, “Trump’s complete disregard for Native Nations and our treaty rights is disrespectful.”

Monthly, more than 12 million people are engaged in online discussions pertaining to the Dakota Access Pipeline, more than 590,000 petition signatures and environmental impact study statements have been submitted, and more than 15,000 calls have been made to the White House and the U.S. Army Corps of Engineers, according to a tribal press release.

“And Trump says nobody spoke up.”

The news didn’t come as a surprise to the Standing Rock Sioux or to the tribe’s supporters, as the Department of the Army issued an intent to issue the easement a day earlier. Legal actions are already underway.

“We sent a letter directly to Trump, have filed a legal challenge and we stand with more than 360 Native Nations and millions of Americans who have voiced their opposition to the project,” Archambault said. “The media has widely reported the President’s brazen conflict of interest to the pipeline. His complete disregard for Native Nations and our treaty rights is disrespectful.”

The U.S. Army Corps of Engineers advertised earlier this week that testimonies would be accepted pertaining to the environmental impact statement until February 20. Additional telephone calls and emails were placed to Hignight for comment, but the captain did not reply by press time.

“We have asked for a fair, balanced and lawful environmental impact statement directly to President Trump and through the courts,” Archambault said. “The Governor, North Dakota congressional delegation, and the entire world are keenly aware of the immense opposition to this project. We encourage our allies to exercise their First Amendment rights to remind President Trump where we stand on DAPL.

“Rise with Standing Rock.”

Unity within the activists gathered has come under question after the Standing Rock Sioux Tribal Council ordered campers away. Questions also have risen pertaining to how the tribe has been spending funds donated to the fight against the Dakota Access Pipeline. Some activists are determined to stay, but the long winter months have depleted the activist numbers on site to a few hundred, according to activist reports.

Former Secretary of the Interior Sally Jewell told The Washington Post that the Army Corps was “reneging” on its commitment to other federal agencies and tribal leaders.

“So the decision to not do any of that is reneging on a commitment they made [in December] and I think it’s fair to say that I’m profoundly disappointed with the Corps’ reversal of its decision to conduct an Environmental Impact Statement and consider alternative routes,” Jewell told The Washington Post. “This is a clear reversal of a commitment on the part of the U.S. Army Corps of Engineers on something they gave thoughtful consideration to when they decided to do an environmental review.”

The Army Corps further stated in its press release that it will “ensure the portion of the pipeline that crosses Lake Oahe complies with the conditions of the easement.”

Additionally, the Army Corps is also working with the Standing Rock Sioux Tribe and local law enforcement to restore the area to its pre-protest state and dealing with trash and untreated waste.

Structures at former Oceti Sakowin Camp – photo by Kirsta Anderson

“The safety of those located on Corps-managed land remains our top priority, in addition to preventing contaminants from entering the waterway,” U.S. Army Corps of Engineers, Omaha District Commander, Col. John Henderson said.

Since August 2016, Morton County Sheriff Kyle Kirchmeier has stated repeatedly that his department and other police departments who assisted during Standing Rock’s opposition to the Dakota Access Pipeline, were concerned only with the rule of law, and not whether the pipeline was built or not.

“Today’s decision from the U.S. Army Corps of Engineers is a step toward the closure necessary for pipeline construction,” Kirchmeier said. “If protestors continue to take unlawful actions in response to the Corps’ decision, law enforcement will be forced to continue to put themselves in harm’s way to enforce the rule of law. Our hope is that the new administration in Washington will now provide North Dakota law enforcement the necessary resources to bring closure to the protests. ”

A garbage pile at the former Oceti Sakowin – photo by Kirsta Anderson

Morton County Commissioner Cody Schulz fired a shot at former President Obama before condemning activists without proof for at least one crime that hasn’t been proven they committed.

“The last administration in Washington decided against granting an easement to DAPL even through the career experts at the U.S. Army Corps of Engineers recommended approval and a federal court denied a request to stop it. And they refused to give North Dakota law enforcement the much needed resources to deal with professional protestors who have assaulted police officers, bullied residents, killed livestock, and angered the Standing Rock Sioux Tribe for treating their land with disrespect.”

Schulz’s claim that activists slaughtered livestock refers to an incident late autumn when local bison and cattle were reported missing. State politicians, including Congressman Kevin Cramer, R-N.D. propagandized the incident, which was perpetuated by many, including the Chairman of the North Dakota Veterans Coordinating Council Russel Stabler

The case of missing livestock is still under investigation by the North Dakota Stockmen’s Association. No one has been charged with any crime related to missing livestock.

“Today’s decision from the Corps shows that this new administration will not politically meddle in a thorough review of a project that will have an enormous positive effect on the economy and public safety in our area,” Schulz said. “With professional protestors continuing to engage in criminal activities, we have new hope that we didn’t have before: an administration that will help law enforcement provide public safety for the citizens of Morton County instead of turning their backs on them.”

The conspiracy theory behind “paid protesters,” reported by Kirchmeier, Schulz, and other state politicians, stems from a news story published by the Fargo Forum and by Valley News Live on November 16, 2016. The story pertained to an anonymous Craigslist advertisement that offered to pay people cash to help shut down Fargo’s West Acres Mall. No actual protest was reported to have occurred. The Morton County Sheriff’s Department cited the Craigslist advertisement as a “vetted source.”

Since August 2016, the state has spent more than $25 million protecting the $3.8 billion Dakota Access, LLC’s interests in the 1,172-mile long pipeline, and Morton County has solicited assistance from nearly 1,300 officers from 25 North Dakota counties, 20 cities, and nine states. Nearly 700 arrests have been made.

As of January 25, 2017, more than 300 GoFundMe accounts raised a total of $8,061,614 for activists and the camps defending Standing Rock, according to Morton County officials. A total of 360 Native Nations from around the world have come together at Standing Rock since August 2016, a feat history has never seen before.

“Once again the federal government is putting oil industry profits ahead of the rights of Native American communities, clean water and combatting climate change,” Senator Bernie Sanders said on his Facebook page. “We must stop this pipeline, uphold our commitment to Native Americans and protect our planet for future generations.”

Is The Pen is Mightier Than The Law?

Trump’s Administration orders Army Corps to issue long-embattled final easement for Dakota Access Pipeline, Veterans Stand may return to Standing Rock

By C.S. Hagen
CANNON BALL
–  Nearly two months after the Standing Rock’s victory against big oil, Trump’s Administration is trying to take it away. 

Senator John Hoeven, R-N.D. reported the Army Corps has been ordered to proceed with the easement needed under the Missouri River at Lake Oahe. 

“Today, the Acting Secretary of the Army Robert Speer informed us that he has directed the Army Corps of Engineers to proceed with the easement needed to complete the Dakota Access Pipeline,” Hoeven 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.”

No mentions were made by Hoeven of negotiations, or of a reroute, or of the current environmental impact study issued by the U.S. Army Corps of Engineers. Earlier in January, President Trump also signed executive orders reviving the Keystone Pipeline and the Dakota Access Pipeline, and to expedite studies pertaining to environmental impact. 

The decision to issue the go-ahead clashes with the environmental impact study, which could take months or years to complete. A comment period is currently underway and will continue until February 20, Standing Rock Sioux Tribe Chairman Dave Archambault II said. 

Thousands, and then hundreds of activists remained at Oceti Oyate, or All Nations Camp, outside of Cannon Ball during the freezing winter months in opposition to the pipeline. Due to cleanup efforts and impending spring floods, the main camp is emptying. 

Coals from the Oceti Oyate were carried to western high ground Wednesday morning, attorney and long-term activist Chase Iron Eyes reported. 

“This is the start of what’s called Last Child’s Camp,” Iron Eyes said. “That name was chosen to honor Crazy Horse and the only warrior society he was known to create. For many reasons, one of those reasons being the last children that are born usually have it harder and have to struggle more.

“Our conscience won’t let us back down. DAPL seeks to bring death to our children. The easement to drill under the river is set to be granted. Ready our hearts.” 

Iron Eyes called upon anyone interested and strong enough to endure the remaining cold months to join them.

Activists surround new fire at the Last Child’s Camp – video still provided by Chase Iron Eyes

Archambault has written to President Trump at least twice asking for a face-to-face meeting between leaders. All requests have not been answered, Archambault said. 

“This change in course is arbitrary and without justification,” Archambault wrote in a letter to President Trump. “The law requires that changes in agency positions be backed by new circumstances or new evidence, not simply by the President’s whim. It makes it even more difficult when one considers the close personal ties you and your associates have had with Energy Transfer Partners and Sunoco.”

President Trump and Hoeven, along with other North Dakota politicians, stand to gain financially if the pipeline is completed. 

“Trump’s most recent federal disclosure forms, filed in May, show he owned between $15,000 and $50,000 in stock in Texas-based Energy Transfer Partners,” according to Bloomberg. “That’s down from between $500,000 and $1 million a year earlier.”

Trump also owns up to $250,000 in Phillips 66, which has a one-quarter share of Dakota Access Pipeline. Owner and CEO of Energy Transfer Partners, the parent company of Dakota Access Pipeline, Kelcy Warren, contributed $3,000 to Trump’s campaign plus $100,000 to a committee supporting Trump’s candidacy, and $66,800 to the Republican National Committee. 

In 2016, Hoeven’s largest campaign contributor was the oil and gas sector with a total of $327,963, including Continental Resources, Inc. and its CEO, Harold Hamm, who collectively donated $8,200. The Hess Corp contributed a total of $20,800 to Hoeven’s 2016 campaign. ExxonMobil contributed $10,000, and Whiting Petroleum Corporation contributed $2,750. Energy Transfer Partners donated $5,000 to Hoeven’s 2016 campaign. Hoeven has invested in 68 different oil-producing wells in North Dakota listed under the 2012-company Mainstream Investors, LLC, according to the United States Senate financial disclosure form.

In a move many deem contradictory because of apparent disregard to Standing Rock’s repeated petitions, Hoeven, a long-time supporter of pipelines, was also elected chairman of the Senate Committee on Indian Affairs on January 5, according to a Senate Committee on Indian Affairs press release.

Hoeven said he was honored to serve on the committee, but added two of his top priorities were to address job creation and natural resource management issues on native lands. He has also called upon federal assistance, including the Bureau of Indian Affairs, to clear the camps outside of Cannon Ball. 

“We are also working with the Corps, the Department of Justice, the Department of Interior and the Department of Homeland Security to secure additional federal law enforcement resources to support state and local law enforcement,” Hoeven said. “On Sunday, 20 additional Bureau of Indian Affairs law enforcement officers arrived at Standing Rock to assist local authorities. Also, the Standing Rock Sioux Tribal Council has asked the protesters to leave the campsite on Corps land.

“This has been a difficult issue for all involved, particularly those who live and work in the area of the protest site, and we need to bring it to a peaceful resolution.”

Congressman Kevin Cramer, R-N.D., a long-time advocate of the 1,172-mile long Dakota Access Pipeline, said in press releases he couldn’t be happier with the way the government under President Trump is heading. 

“The meddling by the Obama Administration in trying to block this legally permitted project has encouraged civil disobedience, threatened the safety of local residents, and placed an onerous financial burden on local law enforcement – with no offer of federal reimbursement for these increasing costs,” Cramer said. “Legally permitted infrastructure projects must be allowed to proceed without threat of improper governmental interference. Finally we have a President who will stand by our efforts in Congress to bring common sense to an immigration policy in dire need of reform.” 

The Indigenous Environmental Network condemned the order given to the Army Corps. 

“We are falling into a dangerous place where the United States government makes up its own rules,” the network stated in a press release. The Indigenous Environmental Network is a nonprofit organization and supporter of Standing Rock and other environmental and indigenous issues.

“We are disgusted but not surprised by the Secretary of the Army’s decision to recommend the easement on the Dakota Access Pipeline. Instead of following proper legal procedure and completing the Environmental Impact Study, the Army has chosen to escalate an already tense situation, go against their own processes, and potentially put peoples in harm’s way.

“Trump and his climate denying cabinet are clearly doing what is best for their businesses and are willing to put profit before human rights and the environment. But make no mistake: we are prepared to mobilize and resist this brazen power grab.”

A group identified as Veterans Stand said it will continue to support Standing Rock and the fight against the Dakota Access Pipeline.

“In response to recent aggressions and the passing of legislation which clears the way for the completion of the Dakota Access Pipeline, Veterans Stand is announcing that we will continue operations in support of the people of Standing Rock, the Water Protectors who have held the front lines, and the sustainability of our precious environment.

“In the spirit of service, and in the name of a free and evolutionary sustainable America, Veterans Stand is committed to ensuring that no human or civil rights violations go unchecked, that the voices of the people are truly heard, and that we leave behind a stable and unpolluted environment for future generations.”

A VICTORY! At Standing Rock

Standing Rock takes a win, prepares for DAPL response

By C.S. Hagen 
OCETI SAKOWIN – Rexx Brady rose Sunday morning knowing it was going to be a good day for the fighters against the Dakota Access Pipeline.

“It was a spiritual feeling,” Brady, a Cheyenne from Washington State, said. “Calm. I knew something good was going to happen today.”

His first clue was sunshine. After a week of storms and snow, the clouds parted, warming the prairies. Tension lifted, he said. A caravan of cars filled with Veterans for Standing Rock supporters stretched a mile south on Highway 1806. Police barricades disappeared en route to the camps, and Morton County Sheriff’s Department backed away from the militarized zone north of Backwater Bridge.

Activists offering thanks of sage, fir nettles, and tobacco to the sacred fire - photo by C.S. Hagen

Activists offering thanks of sage, fir nettles, and tobacco to the sacred fire – photo by C.S. Hagen

“This is what hope looks like, regardless of the color of your skin,” Brady said. “All these prayers are being answered. This is a big turning point for America.”

News on Sunday that the U.S. Army Corps of Engineers denied Energy Transfer Partners, the parent company of Dakota Access Pipeline, the easement needed to drill across the Missouri River at Lake Oahe, took many by surprise. The Army Corps further stated a full environmental impact statement must be made and a new route must be explored.

DAPL is leaving - photo by C.S. Hagen

DAPL is leaving – photo by C.S. Hagen

“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,” Army Assistant Secretary for Civil Works Jo-Ellen Darcy said. The pipeline stretches 1,172 miles to Illinois and is projected to transport as much as 570,000 of crude oil per day, according to the Army Corps. Most, if not all of the oil transported eventually to Texas is for export and not for national consumption, activists and analysts say.

Activists hug each other during celebration of Standing Rock victory - photo by C.S. Hagen

Activists hug each other during celebration of Standing Rock victory – photo by C.S. Hagen

“It’s good news, this is a victory,” attorney Chase Iron Eyes said. He ran for congress in North Dakota this year, and has become active in the DAPL fight since his loss in November. “We were not ready for this, everything here has been so tense, so this comes as a sigh of relief.”

“We wholeheartedly support the decision of the administration and commend with the utmost gratitude the courage it took on the part of President Obama, the Army Corps, the Department of Justice, and the Department of the Interior to take steps to correct the course of history and to do the right thing,” Standing Rock Sioux Tribal Chairman Dave Archambault II said.

Archambault further said more peaceful prayer is needed, but hinted that it may be time to return home. Activists on the loud speakers also began talking about how the area of Oceti Sakowin, which is in a floodplain, needed to be cleaned of all debris, tents, tipis, and equipment soon.

“With this decision we look forward to being able to return home and spend the winter with our families and loved ones, many of whom sacrificed as well,” Archambault said. “We look forward to celebrating in wopila, in thanks, in the coming days.”

As hundreds of veterans with Veterans for Standing Rock slowly caravanned into the camps, Kenny Frost, who works with federal agencies on indigenous training said the day was historically important.

“It would never have happened if the veterans didn’t come here,” Frost said. “First time in history, with 350 tribes together, this is the first time on all our lives for something like this to happen. But more than 500 people have faced a lot of trauma, and right now we just need to move forward and on to a federal level.”

Veterans for Standing Rock before sacred fire - photo by C.S. Hagen

Veterans for Standing Rock before sacred fire – photo by C.S. Hagen

“We’ll take this as a win,” Tom Goldtooth said. Goldooth is the director of the Indigenous Environmental Network. “But we are going to wait and see what DAPL does.”

The decision by the Army Corps, while welcome to activists was President Obama’s attempt to secure his legacy before he steps down from office, Goldtooth said. The real fight has only just begun.

Few people are preparing to leave the camps off Highway 1806. After a brief celebration of fireworks, dancing, and singing around the sacred fire, activists resumed their work on sturdier housing. The Cannonball River is quickly freezing, and more snow and lower temperatures are predicted for the week.

John Bolenbaugh, a former oil company employee turned whistleblower after witnessing firsthand oil companies’ tactics behind constructing pipelines and cleaning oil spills, spoke to thousands gathered in an ever-widening circle.

“I’ve wanted to piss them off so much that they killed me, I wanted to be a martyr to start a movement that would bring something like Standing Rock to this world,” Bolenbaugh said. “For some reason God wanted me to stick around. I’ve had many attempts on my life, I’ve had death threats. I’ve been hit over the head. Bullets have been taken out of my wheels from my vehicles, tires have been slashed, brakes cut.

“For some reason, I’m still here. Maybe God wanted me to see this amazing time in history. This is a revolution.”

Bolenbaugh knows the fight isn’t over.

“I don’t believe them when they say they’re going to stop drilling,” Bolenbaugh said. “The National Guard should go and arrest them now.”

Night traffic inside Oceti Sakowin - photo by C.S. Hagen

Night traffic inside Oceti Sakowin – photo by C.S. Hagen

As the area’s second winter storm in as many weeks hit the camps on Monday, an announcement made by the Lakota People’s Law Project reported DAPL is currently digging under the river. “They are not going to listen to the Army Corps denying the easement. They don’t care about that. They’re still going to go ahead. All the people think this fight is over, but it is not over.

“To get the acknowledgement is noteworthy, however; the fight lingers on.”

Iron eyes and others reiterated the fight is only beginning, and now, more than ever, the camps must not be emptied.

“They are hard to beat,” Iron Eyes said. “This is not the end. The Army Corps denial of the easement means nothing until all law enforcement is gone, until DAPL is gone. Let us strengthen our presence.”

Iron Eyes is further calling for renewed talks with the federal government over treaty rights. “The US has been less than honorable when it comes to the treaties.”

Governor Jack Dalrymple stated last week that all work along the Dakota Access Pipeline has stopped, pending US Army Corps of Engineers’ issuance of an easement. Morton County Sheriff Kyle Kirchmeier said Army Corps decision has little to do with his office.

“I have stated from the beginning that the easement is a federal decision and local law enforcement does not have an opinion on it,” Kirchmeier said. “Our role is to enforce the law and that is what we will continue to do.”

Children sledding down Media Hill - photo by C.S. Hagen

Children sledding down Media Hill – photo by C.S. Hagen

North Dakota Highway Patrol Lt. Tom Iverson said if DAPL begins drilling illegally, he ensures their work will be shut down.

“We are not in DAPL’s corner,” Iverson said. “We absolutely would not allow something unlawful to continue. If that can provide a peace of mind to protesters out there, I am on record right now saying that will not be happening, so without the proper permits and easements, we would not allow that to happen.”

Congressman Kevin Cramer R-ND., called the Obama administration lawless. “Today’s unfortunate decision sends a very chilling response to others who want to build infrastructure in this country. I feel badly for the Corps of Engineers because of the diligent work it did on this project, only to have their Commander-in-Chief throw them under the bus.”

Carvan to Standing Rock, from early morning until late night, the thousands of vehicles streetched for more than a mile - photo by C.S. Hagen

Carvan to Standing Rock, from early morning until late night, the thousands of vehicles streetched for more than a mile – photo by C.S. Hagen

Morton County Chairman Cody Schulz reiterated that the federal government should send financial resources and the necessary troops to deal with the situation outside of Standing Rock, and is placing his hopes in the President-elect Donald J. Trump.

“It appears the federal government let the citizens of Morton County, law enforcement, and protesters suffer for months while making a political decision that is likely to be overturned when the new administration takes office next month,” Schulz said.

“We still don’t have finality.”

Tribal leaders hope the new administration will respect the Army Corps stance, Archambault said. “When it comes to infrastructure development in Indian Country and with respect to treaty lands, we must strive to work together to reach decisions that reflect the multifaceted consideration of the tribes.”

Activists rejoicing at Army Corps news denying DAPL easement - photo by C.S. Hagen.JPG

Activists rejoicing at Army Corps news denying DAPL easement – photo by C.S. Hagen

State Drops Attempted Murder Charge Against No DAPL Activist

Federal prosecutors pick up first DAPL-related case with new charge; governor orders emergency evacuation of Oceti Sakowin

By C.S. Hagen
BISMARCK
– State charges were dropped against Red Fawn Fallis Monday, but felony charges were filed against the No DAPL activist in federal court.

“This is the first DAPL-related case we’ve had in federal court,” Head Federal Public Defender for North and South Dakota Neil Fulton said.

The state dropped the attempted murder charge against Fallis, according to Morton County Clerk of Court. Instead, she will be tried for possession of a firearm as a convicted felon in the U.S. District Court for the District of North Dakota, according to Fulton. Fallis faces a maximum penalty of 10 years imprisonment if proven guilty.

Chris Bellmore, of the Federal Public Defender’s Office, was assigned to Fallis’ case.

Red Fawn Fallis - online sources

Red Fawn Fallis – online sources

Fallis, 47, still faces misdemeanor charges in Morton County, which include disorderly conduct, criminal trespass, and maintaining a public nuisance, according to Morton County Clerk of Court. She is being held by U.S. Marshals, and under no bond at this time, Fulton said.

Friends, family, and supporters maintain the Denver woman’s innocence, and her name has become a rallying cry during many protests inside Bismarck and Mandan. Signs demanding her release are stretched out along the fence surrounding Oceti Sakowin, or the Seven Council Fires camp.

Some supporters online stated her case should be moved out of state. Many called her “their hero,” while others declared they would wear red in support of Fallis.

Fallis allegedly fired three shots at law enforcement officers after they tackled her while she resisted arrest, according to affidavits released by the South Central Judicial Court.

Pennington County Sheriff’s Department deputies Rusty and Thad Schmit stated in an affidavit they saw a female, later identified as Fallis, acting disorderly, and when she walked away from the group the two deputies approached her and “took Red Fawn Fallis to the ground.”

During the struggle, deputies gave no indication as to where the handgun came from. Fallis did not have the gun in her hand when she was tackled, and the officers involved believe that Fallis was able to retrieve the gun when one of the deputies stopped pulling on her left arm, according to the affidavit.

Activists and freinds of Red Fawn Fallis say she is innocent - photo by C.S. Hagen

Activists and freinds of Red Fawn Fallis say she is innocent – photo by C.S. Hagen

Two gunshots were fired quickly, one bullet striking the ground close to a deputy’s knee, according to the affidavit. One of the deputies saw the handgun in her left hand and struggled with her over the gun, according to the affidavit. A third shot was fired, and the weapon was retrieved after assistance from other officers.

According to the affidavit, Fallis said she “was trying to pull the gun out of her pocket and the deputies jumped her and the gun went off.” During transport, she also allegedly said law enforcement was lucky she didn’t shoot them all, according to the affidavit.

Morton County Sheriff’s Department reported on October 27 that the northern Treaty Camp was emptied because activists refused to leave after repeated requests. A total of 561 people have been arrested since early August. Morton County Sheriff’s Department has spent in excess of USD 10 million, and approximately 1,300 officers have assisted from 25 North Dakota counties, 20 cities, and nine states.

Snow at Oceti Sakowin - photo by Leland B Benoist

Snow at Oceti Sakowin – photo by Leland B Benoist

The day after Thanksgiving, the U.S. Army Corps of Engineers issued a 10-day warning to Standing Rock tribal leaders to evacuate Oceti Sakowin, which is currently on federal lands. Eight days remain before those remaining on federal lands may be subject to arrest.

Despite repeated requests by state leaders, including Governor Jack Dalrymple, Congressman Kevin Cramer R-N.D., senators John Hoeven R-N.D., and Heidi Heitkamp R-N.D., the Army Corps has relaxed its stance saying that it has no plans to use force to evacuate Army Corps lands, including activist and DAPL employees, after December 5. The Dakota Access Pipeline runs along Army Corps lands its entire length in North Dakota, according to Julie Fedorchak, the public service commissioner.

Dalrymple is “frustrated at every level,” he said at a press conference, and on Monday issued an emergency “mandatory evacuation” order to safeguard against harsh winter conditions of all persons residing on Army Corps lands.

“These persons are ordered to leave the evacuation area immediately, and are further ordered not to return to the evacuation area,” Dalrymple said. “The definition of the evacuation area shall remain in effect even if the United States Army Corps of Engineers redefines or removes these prohibited areas.

“All persons in the evacuation area shall take all their possessions with them upon their evacuation. Any action or inaction taken by any party which encourages persons to enter, reenter, or remain in the evacuation area will be subject to penalties as defined in law.”

Dalrymple further added his office has the executive power to issue the warning on Army Corps lands in order to avert a possible disaster, and that anyone who chooses to disregard the order will stay at their own risk.

“I direct state agencies, emergency service officials, and nongovernmental organizations to reduce threats to public safety by not guaranteeing the provision of emergency and other governmental and nongovernmental services in the evacuation area, unless otherwise approved by a case by case basis by the Morton County Sheriff or Superintendent of the Highway Patrol.

“The general public is hereby notified that emergency services probably will not be available under current winter conditions.”

Cecily Fong, of the North Dakota Department of Emergency Services, said no law enforcement or National Guard will be used to enforce the governor’s order. DAPL employees are not subject to the order, according to Fong, as they are not camping in the elements.

Standing Rock and supporters have stated they’re not going anywhere. The land in question falls under the 1851 Treaty of Fort Laramie and was taken away by the Army Corps after it was condemned due to the devastating effects of the Pick-Sloan legislation.

“The Army Corps of Engineers is seeking a peaceful and orderly transition to a safer location, and has no plans for forcible removal,” U.S. Army Corps of Engineers Omaha District Commander John W. Henderson said in press release. “But those who choose to stay do so at their own risk as emergency, fire, medical, and law enforcement response cannot be adequately provided in these areas.”

Additionally, more than 1,500 veterans with Veterans for Standing Rock are planning to arrive at Oceti Sakowin on December 4, according to the Veterans for Standing Rock’s Facebook page.

 

 

Standing Rock Given Deadline: Move or Else

Standing Rock’s resolve is “stronger than ever,” more arrests in Bismarck, and a North Dakota sheriff is suspended

By C.S. Hagen
BISMARCK – Standing Rock and supporters have 10 days to move camps, or face possible mass arrests, the U.S. Army Corps of Engineers reported Friday.

“This decision is necessary to protect the general public from the violent confrontations between protestors and enforcement officials that have occurred in this area, and to prevent death, illness, or serious injury to inhabitants of encampments due to the harsh North Dakota winter conditions,” U.S. Army Corps of Engineers Omaha District Commander John W. Henderson stated.

“Any person found to be on the Corps lands north of the Cannonball River after December 5, 2016, will be considered trespassing and may be subject to prosecution under federal, state, and local laws… any person who chooses to stay on these Corps’ lands… does so at their own risk.”

A “free speech zone” south of Cannonball River on Army Corps lands will be authorized.

U.S. Army Corps of Engineers map of the area surrounding Oceti Sakowin

U.S. Army Corps of Engineers map of the area surrounding Oceti Sakowin

“Our tribe is deeply disappointed in this decision by the United States, but our resolve to protect our water is stronger than ever,” Standing Rock reported in a statement. “The best way to protect people during the winter, and reduce the risk of conflict between water protectors and militarized police, is to deny the easement for the Oahe crossing, and deny it now.”

Standing Rock further reported that the tribe’s stance on the Dakota Access Pipeline crossing the Missouri River at Lake Oahe less than a mile from the reservation was stated clearly in a meeting with DAPL representatives and the North Dakota Public Service Commission on September 30, 2014, more than two years ago.

North Dakota government agencies have reported frequently the tribe did not involve itself in hearings and discussions pertaining to the Dakota Access Pipeline.

“It is both unfortunate and disrespectful that this announcement comes the day after this country celebrates Thanksgiving – a historic exchange of goodwill between Native Americans and the first immigrants from Europe,” Standing Rock reported. “Although the news is saddening, it is not at all surprising given the last 500 years of mistreatment of our people.

“Although we have suffered much, we still have hope that the President will act on his commitment to close this chapter of broken promises to our people and especially our children.”

Standing Rock is currently planning if and how an exodus from Oceti Sakowin, or the Seven Council Fires camp will occur, Standing Rock spokesperson Sue Evans said.

“The timing of this latest action by the U.S. Army Corp of Engineers is demoralizing and disrespectful for Native Americans and the millions of peaceful water protectors and supporters in America and across the globe who are standing with Standing Rock to protect the water and 17 million Americans downstream on the river,” Evans said.

Standing Rock is ready, however. Other camps exist in the area, and leadership is planning the tribe’s next steps.

The deadline brings back a similar deadline issued a century ago for attorney Chase Iron Eyes. On December 3, 1875, the US government issued a deadline for all Native Americans not on reservations to return to their areas of confinement, or else they would be considered hostile.

Turtle Hill, Cantapeta Creek, law enforcement has now stretched razor wire across the bank opposite Oceti Sakowin - photo provided by Digital Smoke Signals

Turtle Hill, Cantapeta Creek, law enforcement has now stretched razor wire across the bank opposite Oceti Sakowin – photo provided by Digital Smoke Signals

“We are tired of the protests too,” Iron Eyes, who ran for congress this year, said. “DAPL is backing us into a corner. This is about standing up to Trump fascism, and we’re going to be considered trespassers on Army Corps land. We’ve seen what Morton County is capable of… they tell lies, but by the time we disprove them they’ve already been able to manipulate the public narrative and push that out to the world as truth.”

For instance, Morton County reported its use of water cannons to put out fires on November 20, but turned the same high-powered hoses onto activists in sub freezing temperatures because they feared activists might push through multiple rows of razor wire, cement blocks, hidden hedgehogs, and fully-armed police.

Morton County also reported Sophia Wilansky, who nearly had her left arm blown off the same night, was not harmed by law enforcement’s less-than-lethal armaments, but by an explosion from the activists’ side, even after many eyewitnesses came forward saying that Wilansky was first struck with a rubber bullet, and then targeted by a compression grenade while she was on the ground.

Iron Eyes calls for those involved to keep prayer and peaceful civil disobedience at the center of all direct actions, but he refuses to be intimidated

“If it’s too risky for Bismarck, it’s too risky for us,” Iron Eyes said. “We have to stand up. If a law allows for water to be poisoned or put our children’s future at stake, then that law has no moral or spiritual authority, and we should be within rights to stand up to that law. We have to be very, very clear about this; these are risks that we choose to assume.

“It’s easy to be neutral when it’s not your family at risk,” Iron Eyes said. “We must always fight for the democracy we want.”

Additionally on Friday, Governor Jack Dalrymple granted McKenzie County Commissioners’ request to remove Sheriff Gary Schwartzenberger from office after the state attorney general’s office investigated him, according to state news outlets.

“We are now witnessing the first action against local law enforcement tonight for their abuses to peaceful water protectors,” Evans said.

Pig head authorities report anti DAPL activists carried into Bismarck on Thanksgiving Day - photo provided by Morton County Sheriff's Department

Pig head authorities report anti DAPL activists carried into Bismarck on Thanksgiving Day – photo provided by Morton County Sheriff’s Department

In October, the McKenzie County Commissioners asked the governor to remove the sheriff from office, citing an alleged workplace culture of bullying and retaliation, according to press reports. Schwartzenberger will be allowed a hearing before the governor makes a decision to make the suspension permanent.

In 2015, two other deputies from McKenzie County Sheriff’s Department were allegedly involved in criminal activities, according to the Bismarck Tribune. Corporal Travis Batemen faces a felony charge of reckless endangerment, and Detective Michael Schmitz was charged with two counts of giving false information to law enforcement.

The day after Thanksgiving, 33 more arrests were made by Bismarck police at Bismarck’s Kirkwood Mall outside the Target entrance, according to Morton County Sheriff’s Department. The total number of activists arrested since early August is 561.

The McKenzie County Sheriff’s Department is one of the agencies involved against activists at Standing Rock. Nearly 1,300 people have assisted from 25 North Dakota counties, 20 cities, and nine states, according to Morton County Sheriff’s Department.

 

Bismarck Under Soft Lockdown, Army Corps Halts DAPL Construction

Hundreds march on Peace Garden State’s Capitol, no arrests, Army Corps says DAPL construction “cannot occur”

By C.S. Hagen
BISMARCK – The Peace Garden State’s capital city was partially locked down Monday as Standing Rock and approximately 500 supporters hit the city’s streets in defiance of the Dakota Access Pipeline.

Some schools closed. Roads closed. The North Dakota State Capitol Building partly closed. At least one school’s students were put into shelters, Bismarck resident Shane Balkowitsch reported, because activists marched down an adjacent street.

Balkowitsch, a wet plate photographer, watched his son’s choir concert later Monday evening sing “This Land is Your Land,” and could only feel sadness during the performance.

Activists at Capitol - photo provided by Rob Wilson Photography

Activists at Capitol – photo provided by Rob Wilson Photography

“You see, just four hours before at this same school there was a mandatory ‘shelter lockdown,’” Balkowitsch said. He received warning text messages on his cell phone about the action. “It turned out a peaceful group of DAPL protesters were walking down the street executing their First Amendment rights. The school felt this action was warranted to ‘protect the safety of the students.’”

Instead of sheltering the students, Balkowitsch said the school his child attends should have taken the opportunity for discussion.

“I was told that this ‘was not a political statement’ and I told them that is exactly what it was, and that fear-mongering should not be tolerated,” Balkowitsch said. The school had an opportunity to teach the children about the First Amendment and what it means, and that maybe someday they will want to exercise this God-given right.”

The First Amendment states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

“Doing a lockdown tells the children that there is something to fear and worry about, that what is happening is bad. It is not.”

No DAPL activists in Bismarck - photo provided by Rob Wilson Photography

No DAPL activists in Bismarck – photo provided by Rob Wilson Photography

“It was put in place to keep the large group from demonstrating in the capital,” North Dakota Highway Patrol Lt. Tom Iverson said. “The North Dakota State Capitol building was placed on ‘soft lockdown’ this morning after pipeline protesters converged on the Capitol from all directions. Approximately 500 protesters carrying signs, placards and chanting converged on the Capitol with several attempting to enter the Capitol building.”

The North Dakota State Capitol building was placed on “soft lockdown” around 11:30 a.m. Monday, with all exterior doors to the building locked and monitored by North Dakota Highway Patrol officers, Iverson said.

Activists gathered at the north and west entrances, and the south mall area of the Capitol, Iverson said. After 1 p.m. activists marched down Third Street toward the William Guy Federal Building.

“Law enforcement blocked off the roadway from traffic and lined up along the grass area next to the Federal Building. Protesters were notified that their actions of blocking the roadway were unlawful and they needed to return to their vehicles. The protesters slowly made their way back to the Capitol after approximately two hours.”

No arrests were made on Monday at the Capitol or closer to St. Anthony where approximately 50 activists marched on a Dakota Access Pipeline construction site, Iverson said.

“They proceeded onto the DAPL easement locked arm in arm, but were confronted by DAPL security personnel who gave them orders to vacate the private property.”

DAPL pipeline and drillpad at Missouri River at Lake Oahe - photo provided by Myron Dewey

DAPL pipeline and drillpad at Missouri River at Lake Oahe – photo provided by Myron Dewey

In what activists describe as good and welcome news, the U.S. Army Corps of Engineers reported Monday that it informed the Standing Rock Sioux, Energy Transfer Partners, and Dakota Access LLC that it completed its review launched on September 9.

“The Army has determined that additional discussion and analysis are warranted in light of the history of the Great Sioux Nation’s dispossessions of lands, the importance of Lake Oahe to the tribe, our government-to-government relationship, and the statute governing easements through government property,” the statement reported.

Furthermore, the Corps invited the Standing Rock Sioux Tribe to engage in discussions regarding potential conditions on a new easement for pipeline crossing that would reduce the risk of a spill or rupture, or “hasten detection and response to any possible spill, or otherwise enhance the protection of Lake Oahe and the tribe’s water supplies.

“While these discussions are ongoing, construction on or under Corps land bordering Lake Oahe cannot occur because the Army has not made a final decision on whether to grant an easement.”

Energy Transfer Partners, the parent company of Dakota Access Pipeline, said one week ago that within 14 days it would be drilling under the Missouri River at Lake Oahe. Energy Transfer Partners personnel could not be reached for comment; neither media personnel or the company’s CEO, Kelcy Warren, have returned emails or telephone calls since early August.

Buffalo behind fences - Indigenous Rising Media

Buffalo behind fences – Indigenous Rising Media

Last week, video footage taken by Indigenous Rising Media near the Dakota Access Pipeline drill pad route revealed hundreds of buffalo trapped behind fencing, and apparently without access to proper grazing areas or water, which prompted the Animal Legal Defense Fund to investigate.

“There have been threats of killing the buffalo by the construction company. The Animal Legal Defense Fund is confirming reports, collecting information, and investigating the legality of the treatment of these buffalo,” Animal Legal Defense Fund reported.

Morton County Sheriff’s Department confirmed that buffalo were fenced in near the DAPL pathway. “The owner wanted them moved to a different pasture,” Morton County Sheriff’s Department reported. “They were corralled to transport.”

Additionally, Morton County Sheriff’s Department has begun an investigation into the case of a DAPL worker who allegedly brandished a handgun and drove a Four Square Concrete truck and excavation equipment into a crowd of activists. At least one woman was injured during the incident, activists and law enforcement reported. As he drove away, the driver allegedly fired his pistol multiple times into the air, according to video footage.

“The case construction worker is under investigation. The woman was offered medical assistance bur refused treatment.”

DAPL employee brandishes handgun before driving truck through crowd - online sources

DAPL employee brandishes handgun before driving truck through crowd – online sources

Four Square Concrete LLC is a Mandan company registered in June 2013, according to the North Dakota Secretary of State, and is a “family owned and operated business,” according to the Four Square Concrete LLC website. The North Dakota Secretary of State lists Leonard Leingang as the registered agent.

Morton County Sheriff’s Department would not release the name of the DAPL worker involved, but a Facebook page entitled “Leonard Leingang is a Hero” has attracted national attention.

Facebook posts on the Leingang page denounce the man allegedly involved is a hero, among other various insults. Attempts to reach Leingang at the telephone number provided on the company’s website were unsuccessful.

dapl-drill-pad-less-than-a-quarter-of-a-mile-from-missouri-river-photo-provided-by-myron-dewey

DAPL drill pad less than a mile from Standing Rock Sioux reservation, and nearly on Missouri River’s banks – photo provided by Myron Dewey

DAPL Mobilizes to Dig under Lake Oahe

Horizontal drilling equipment en route to Missouri River, ND Public Services Commission proposes DAPL fine

By C.S. Hagen
CANNONBALL
– In two weeks, Dakota Access Pipeline promises it will begin drilling across the Missouri River at Lake Oahe.

In a statement released on national election day, Energy Transfer Partners, the parent company of Dakota Access LLC, said it was “mobilizing horizontal drilling equipment to the drill box site… Dakota Access remains confident that it will receive the easement for these two strips of land adjacent to Lake Oahe in a time frame that will not result in any significant delay.”

It is an announcement many believe is in direct defiance of President Obama’s recommendations to halt construction, and an effectual slap to the U.S. Army Corps of Engineers’ face, which has not, nor has shown any signs of giving the easement Dakota Access Pipeline needs to legally cross the Missouri River. 

“Dakota Access expects that its mobilization of equipment will be completed over the next two weeks and that it will commence drilling activities upon completion of mobilization,” the statement said. Dakota Access also reprimanded the U.S. Army Corps of Engineers and demanded the Corps rescind an earlier statement that it was intending to halt construction. 

“To be clear, Dakota Access Pipeline has not voluntarily agreed to halt construction of the pipeline,” the press release stated. 

Last week, Senator John Hoeven R-N.D., arranged meetings in his Washington office with the North Dakota Stockmen’s Association to pressure the Obama Administration and the U.S. Army Corps of Engineers to issue the easement for Dakota Access Pipeline, according to a press release from Hoeven’s office.  

Activist and drone operator, Myron Dewey, said the DAPL drill pad is a quarter of a mile from the Missouri River. The area is completely surrounded by razor wire, and long, deep pits have been dug on both sides of the pipeline.

“The black snake head is there,” Dewey said.

“What we are looking at is a full on, militaristic protection of this pipeline,” Dewey said. “They’re not wasting any money on the expense on trying to protect this pipeline.”

Law enforcement on top of Turtle Hill, guarding south of the pipeline - photo provided by Morton County Sheriff's Department

Law enforcement on top of Turtle Hill, guarding south of the pipeline – photo provided by Morton County Sheriff’s Department

Tom Goldtooth, director for the Indigenous Environmental Network said legal cases are being compiled, strategies are being made. Standing Rock is not planning on sitting down and letting the pipeline through.

“We know the black snake is continuing to strike,” Goldtooth said. “Even though there have been requests from federal agencies and from the Army Corps for them to voluntarily not construct and to hold off, that’s not what the Dakota Access is doing. They’re going full steam ahead.

DAPL route entrance Highway 6 - photo by C.S. Hagen

DAPL route entrance Highway 6 – photo by C.S. Hagen

“We really have to put our minds together, our hearts together,” Goldtooth said. “The power of prayer is what will stop this black snake. We will do what we can to create some headaches for the company, create some headaches for North Dakota, and just calling them to task on what they should do.”

Additionally, the North Dakota Public Service Commission proposed a USD 15,000 fine for Dakota Access LLC on Tuesday for potential permit violations after the company failed to notify the commission about finding cultural artifacts in the pipeline’s route in a timely manner, according to a press release made available by Julie Fedorchak, chairman of the Public Service Commission.

Dakota Access discovered four stone Cairns and other artifacts in the pipeline’s route in Morton County on October 17, and notified the Public Service Commission on October 27, according to Fedorchak.

“The company developed an alternative route around the site to leave it undisturbed,” Fedorchak said. “In the complaint filed today, Commission advocacy staff alleges the company failed to submit the required documentation and obtain the required clearance from the PSC [Public Service Commission] before resuming construction on the adjust pipeline route.”

Dakota Access has 20 days to respond to the complaint. Energy Transfer Partners’ spokesperson, Vicki Granado, did not return repeated emails and telephone calls. Repeated attempts were also unsuccessfully made to contact Colonel John W. Henderson of the Omaha District of the U.S. Army Corps of Engineers for comment.

"You have guns, we have water" - photo by C.S. Hagen

“You have guns, we have water.” – photo by C.S. Hagen

 

Clergy Arrested for Defending Standing Rock

One Native American picked from crowd for arrest, four clergy while in prayer handcuffed on Governor’s front lawn

By C.S. Hagen
BISMARCK – Nineteen clergy and activists were arrested Thursday evening in the Peace Garden State’s capital; 17 were sent to jail.

Activists said it was “just another day at Standing Rock.”

Fourteen clergy arrested at North Dakota Capitol, four more at Governor's Mansion - Facebook photograph

Fourteen clergy arrested at North Dakota Capitol, four more at Governor’s Mansion – Facebook photograph taken in Toronto TD Bank Building

The arrests occurred in Bismarck, 45 miles away from Oceti Sakowin, the Seven Council Fires camp near Standing Rock Sioux Reservation, at the Capitol Building, and at Governor Jack Dalrymple’s mansion.

Earlier in the day, more than 500 clergy from 20 denominations including Christians, Muslims, Buddhists, and Jews, gathered at Oceti Sakowin to support Standing Rock’s opposition to the 1,172-mile-lone Dakota Access Pipeline. By afternoon, clergy and activists traveled to the Capitol Building, where 14 members of the clergy locked themselves down after being notified the governor was not present.

“Fourteen protesters were arrested inside the North Dakota State Capitol Building,” North Dakota Highway Patrol Lt. Tom Iverson said. “A group of protesters gathered inside the judicial wing entrance, formed a circle, and protested inside the building. They were instructed multiple times to leave and after failing to obey, they were arrested for disorderly conduct and criminal trespass.”

Activist praying near Highway 1806 barricade - photo by C.S. Hagen

Activist praying near Highway 1806 barricade – photo by C.S. Hagen

More than 50 activists and clergy from around the nation then traveled to the governor’s mansion. Four clergy walked across the street, knelt in prayer, and were arrested within minutes, according to videos taken at the scene. One Native American male was pulled from the crowd in a tactical attempt to disperse the crowd.

“A large group of protesters formed near the governor’s residence on the west side of Fourth Street,” Iverson said. “Three protesters walked across the roadway and gathered on the governor’s residence and failed to leave after multiple warnings.”

Four people walked on to the governor’s yard, Iverson later said, and one individual did return to the opposite side of the street.

“It was obvious they were there to be arrested,” Iverson said during a press conference. He went on to say that some of those who exercised passive resistance were childish, and acting with “extreme disgrace.” 

Dalrymple made an appearance, activists reported in videos. Riot police and law enforcement surrounded those gathered, first telling them to stay on the sidewalk, then rescinding the order telling them to walk two blocks away.

A Catholic clergy asked the officer on video why out of a mostly Caucasian group standing opposite Dalrymple’s house, one Native American was singled out for arrest. The crowd began pleading with the officer to release the Native American arrested, and agreed to disperse if the individual was released.

“You guys assembled here,” said a law enforcement officer who did not give his badge number and was not wearing a visible nametag. “I want to protect your freedom of First Amendment, but I also got to protect everyone else’s freedom, but when people walked across the roadway and traffic had to be stopped, we have to do something about that.

“So I came over and I told you loudly, this is an unlawful assembly, and you have to disperse,” he said.

The officer in charge of the situation told clergy that he has been involved in protest actions for approximately 15 years. “I’m willing to compromise with you if you guys are going to compromise with me,” the officer said. “Sometimes to get people to disperse, the first person to get arrested, then the rest disperse, because they don’t want to get arrested…

“I’ll release him.”

At the Cantapeta Creek - photo by C.S. Hagen

At Cantapeta Creek – photo by C.S. Hagen

Earlier in the week oil was spilled on the Capitol Building’s front entrance, and a No DAPL sign was also left behind, according to Iverson.

Not including the arrests made Thursday, more than 416 people have been taken into custody since August 10 on resisting the Dakota Access Pipeline charges, Morton County Sheriff’s Department reported. More than USD 9 million of taxpayers money has been spent, and more than 1,245 law enforcement officials from four states, 24 counties, and 16 cities have assisted Morton County to defend the pipeline’s activities. In August, Dalrymple also called an emergency state, bringing in the North Dakota National Guard still active at checkpoints.

Clergy inside the Capitol Building rescinded the Doctrine of Discovery, and voiced apologies for hundreds of years of atrocities committed on behalf of organized religion, according to Native News Online. The Doctrine of Discovery, a claim to European legitimacy over indigenous lands, was a practice used by explorers and was a major influence in Manifest Destiny, a federal policy of taking land from Native Americans.

A rumor is circulating online that two law enforcement officers have turned in their badges after witnessing how prisoners were treated. This report remains to be verified.

Additionally, on Thursday, approximately 200 people gathered in Texas to demand the removal of Energy Transfer Partners CEO and oil tycoon Kelcy Warren from the Texas Parks & Wildlife Commission. No arrests were made. Warren was appointed commissioner for the Texas Parks & Wildlife Commission by Governor Greg Abbott in 2015. Warren recently contributed USD 455,000 to Abbott’s campaign, according to Vote Smart.

Texas demonstrators in Austin, Texas - photo provided by Texas Sierra Club November 3, 2016

Texas demonstrators in Austin, Texas – photo provided by Lone Star Chapter of the Sierra Club November 3, 2016

Warren has also supported North Dakota politicians, and on Thursday was accused in a Texas Parks & Wildlife Commission meeting of disrespecting Native Americans by putting profits ahead of people, according to the Lone Star Chapter of the Sierra Club, an a national environmental advocacy organization.

Warren stated during the meeting that he didn’t believe he was digging up sacred sites along the Dakota Access Pipeline route, and that if he was, it would be “bad,” but he also agreed to meet with representatives of the Society of Native Nations over the issue, according to the Sierra Club.

On Wednesday, the Morton County Sheriff’s Department placed blame on the U.S. Army Corps of Engineers for the day’s events at Cantapeta Creek, when dozens of activists were pepper sprayed while in the frigid creek waters. Native Americans and one journalist were also hit by rubber bullets after law enforcement destroyed a bridge activists erected crossing the creek.

“The U.S. Army Corps of Engineers requested the Morton County Sheriff’s Department to assist them in removing any trespassers who enter Corps land to the north of the main camp area,” Morton County Sheriff’s Department reported in a press release.

“As you are aware, this area is the location where the Dakota Access Pipeline (DAPL) project has proposed to pace the pipeline under the Missouri River via horizontal directional drilling,” U.S. Army Corps of Engineers Colonel John Henderson said in a letter to Morton County Sheriff Kyle Kirchmeier.

“The Corps of Engineers has not provided any permits or permissions for anyone to access that area of the federal property that we manage. It is an area that has not been opened for use by the public for recreational or camping purposes. As such, the Corps of Engineers would consider these individual to be trespassers.”

In the meantime, President Obama has decided his administration will wait and see how the situation at Standing Rock unfolds, but made mention that the pipeline may have to reroute.

Stripped, But Still Standing Strong

Dozens of Standing Rock activists undergo debasing treatment; “fake journalists” stir up trouble, and North Dakota politicians pressure Army Corps to speed the pipeline

By C.S. Hagen
CANNONBALL – An ancient, bloodless war fuels the Dakota Access Pipeline controversy. It’s a war of words and aged rhetoric; a war of cultures beckoning back the “good old days” of Manifest Destiny and settlers versus the Indians.

Fear the scalp-taking Indian, North Dakota government appears to be saying; save the peaceful colonial homesteader. Little is ever mentioned by official sources about the Native Americans’ side of the story. Their version is simply not as important when compared to finishing the USD 3.8 billion, 1,172-mile Dakota Access Pipeline.

In 150 years, little has changed, according to activists, on how federal and state governments treat Native Americans. Newspapers spread fear, espoused by the law, handed down by politicians who are financially invested into the Bakken oil fields, whose campaigns this election year do those same companies fund, Chase Iron Eyes, the Democrat Party challenger for state congress, said.

The U.S. Cavalry never went away, they merely changed uniforms. More than 900 law enforcement officials from 17 counties, 12 cities, and from four states using public funds have been involved in protecting Energy Transfer Partner’s private project.

“We’re choking on hate and nobody seems to care,” camp attorney Angela Bibens said.

Law enforcement verses activists on Dakota Plains Oct. 22 - photo provided by Morton County Sheriff's Department

Law enforcement versus activists on Dakota Plains Oct. 22 – photo provided by Morton County Sheriff’s Department

The battle for water and land led by the Standing Rock Sioux against DAPL is far from over, and media on both sides of the controversy have woven stories from legends, half-truths, and hearsay. Tempers flare as DAPL nears the Missouri River, and militarized law enforcement show no pity.

In the beginning there were pipe bombs, which turned out to be ceremonial peace pipes. And then law enforcement reported activists carrying guns, yet no one was arrested. DAPL security personnel from Ohio’s Frost Kennels sprayed mace and urged attack dogs into crowds, resulting in at least half a dozen bites, and yet law enforcement insists activists were the danger. Recently, 30 head of cattle were reported missing, and then three days later mysteriously resurrected by a Sioux County rancher. Two other cows have been found shot in Sioux County, one by bullets, one by arrows, and law enforcement and media are trying to link the crime to activists in the area.

saturday-october-23-direct-action-photo-by-rob-wilson-photography

Law enforcement making arrests Saturday, Oct. 22 – photo by Rob Wilson Photography

Morton County Sheriff Kyle Kirchmeier repeatedly emphasizes the activists near Standing Rock Sioux Tribe Reservation are dangerous. Activists’ criminal records are being made public, yet no effort has been made to check pipeline workers’ past brushes with the law, which should be swamped with outstanding warrants if the state lives up to its man camp reputation.

Arrested on the plains near DAPL - photo provided by Morton County Sheriff's Department

Arrested on the plains near DAPL – photo provided by Morton County Sheriff’s Department

Since Saturday morning, 126 more activists were arrested on riot charges along the DAPL pipeline, Morton County Sheriff’s Department reported. Two officers were injured, one by his own pepper spray. In total, 269 people have been charged with misdemeanors and felonies since early August.

“Today’s situation clearly illustrates what we have been saying for weeks,” Kirchmeier said. “That this protest is not peaceful or lawful. This is not about the pipeline. This is not about the protesters. This is about the rule of law.”

From the controversy’s start, Morton County Correctional Facility officers have been strip searching – nearly every activist arrested, no matter the charge. Simple misdemeanors to felonies, all are being treated the same.

“It’s a tactic of trying to break you down, and degrade you, make you feel shamed,” Cody Hall said. Hall is the media spokesman for the Red Warrior Camp, and was arrested in early September, held for three days without bail or bond.

saturday-october-23-direct-action-photo-by-rob-wilson-photography

Miqamwes M’teoulin being treated after police sprayed him twice in the face on October 22 – photo by Rob Wilson Photography

“They have you get naked,” Hall said. “And then he grabbed my genitals and lifted them up, then he said squat, and then he said cough. And then he was looking, when I bent down, he kind of bent down.”

A scare tactic, Hall said. Morton County Correctional Facility reported the strip searches are procedure and in the interest of security.

“The duty correctional officer(s) will conduct a complete visual assessment of prisoners being admitted to insure that the prisoner(s) does not have inadmissible/illegal items on his/her possession before entering a security cell/area of the correctional center,” Morton County Correctional Facility’s guidebook states.

The guidebook continues by stating “admissions procedures will be carried out by correctional staff in a manner which promotes mutual respect rather than one which degrades the prisoner(s) admitted.”

“That’s all I saw it as,” Hall said. “It’s a tactic they were trying to deploy on me, in a way of taking my dignity. You’ll crumble if you don’t have that… dignity.”

Furthermore, an inmate cannot be detained in the holding cell for longer than one hour, although the duty senior correctional officer can make exceptions. Inmates in the holding cell are also allowed to use cell phones, and are closely monitored by duty officers, according to the correctional facility’s guidelines.

Myron Dewey, a filmmaker, was charged with a class-A misdemeanor. Like Hall, he was stripped down, and because he has a ponytail, officers rifled through his hair. He was then put into a visitor’s holding area for three hours, he said. “It was a really small room, barely enough room for one person.”

“Leaving me in that visitor’s area didn’t seem right, they should have put me in the holding cell,” Dewey said. When he went to the courtroom, one of the officers involved in his arrest waited for him in the hallway. “The officer who stole my drone was standing in the hallway,” Dewey said. “And he was trying to look at me like he was some, I don’t know, it was the eye contact. I thought that was kind of odd. He was there to let me see him for a reason.”

Dewey’s drone was “arrested” under civil forfeiture laws after an unnamed DAPL worker filed an intimidation report. When Dewey attempted to clarify questions and gather facts, law enforcement officials refused to listen and forced him from the Morton County Sheriff Department premises.

After being strip-searched, they’re all given the orange jumpsuit.

Activists on the plains marching Oct. 22 - photo by Rob Wilson Photography

Activists on the plains marching Oct. 22 – photo by Rob Wilson Photography

Others who have claimed they too were strip searched include: Standing Rock Sioux Chairman Dave Archambault II, a chief of a sovereign state, Dr. Sara Jumping Eagle, a pediatrician, Divergent actress Shailene Woodley, and Dale “Happi” Americanhorse Jr., the first activist to chain his arms to machinery with a sleeping tar dragon.

Bruce Ellison, a long-term criminal defense lawyer and legal team coordinator of the Lawyer’s Guild Mass Defense Committee, said the practice is nonsensical. Ellison and his team are also not allowed direct access to clients and must discuss the dozens of cases through glass windows and telephone conversations, which are being recorded, Bibens said.

“We have a lot of questions about that,” Ellison said. “When there are strip searches for lowest grade misdemeanors on the books in North Dakota – that certainly raises questions. We had one woman who was left naked in her cell overnight for the viewing of male guards.

“This seems unusual.”

Ladonna McLaughlin claims to have been left overnight naked in a cell, according to Bibens. Her family is preparing to sue Morton County.

“Where do we live?” Ladonna Allard, McLaughlin’s mother, said. “Is this the United States? This is a police state.” She was not ready to speak about the upcoming lawsuit, not until it is filed, she said.

“We are preparing litigation to address the violations that have occurred within the Morton County Jail,” Bibens said. She is a Santee-Dakota by birth, is the ground coordinator of the Red Owl Legal Collective, and also works as the camp’s attorney.

Most of the reported 126 people arrested Saturday have been spread to jails across the Peace Garden State, Bibens said. Costs of keeping a prisoner overnight is USD 100 for the Morton County Jail, times that by 269, then multiplied by how many nights, the costs add up.

“Hardly anyone is out,” Bibens said. “Parents are calling me from everywhere because they’re not allowing their 19-year-olds to bail out.” Officials around the Peace Garden State are now requiring cash only for bonds, are instituting special rules, and most activists arrested won’t get an opportunity for release until judges arrive at work Monday morning. “There’s an equal protection due process issue, if you’re related to the camps, then you get treated this way,” Bibens said.

“They’re not in any hurry to process any of our water protectors.”

Additionally, the Red Warrior Camp, the activists’ most secure group, reported law enforcement shot down two drones with shotguns on Saturday. Morton County Sheriff’s Department reported “less-than-lethal ammunition” was used on a drone on Sunday charging a helicopter with a sheriff on board.

The helicopter pilot and passengers were “in fear of their lives” when the “drone came after us,” according to Morton County Sheriff’s Department press release. Two arrows were also fired at the helicopter, according to Kirchmeier.

On Sunday, Dewey reported nearly 700 Native Americans and activists enacted “their sovereign rights” proclaiming eminent domain along Dakota Access Pipeline route, effectively blockading Highway 1806 with hay bales, rocks, and tree stumps, on lands that once belonged to the Sioux under 18th century treaties.  Tipis and tents were erected. A sacred fire was lit. The land, according to Dewey, has been desecrated, and they are returning it back to the natural and spiritual balance.

Barricade across Highway 1806 built by activists on Sunday, Oct. 23 - photo provided by Morton County Sheriff's Department

Barricade across Highway 1806 built by activists on Sunday, Oct. 23 – photo provided by Morton County Sheriff’s Department

“All tribes across the country witnessed this historical day, October 23,” Dewey said. “This is a very special moment in Indian law as well, inherent rights have just been exercised. Our inherent rights to clean food, clean drinking water, medicine, clean air, all of those rights have just been practiced.”

The move is called the “Last Stand” by activists before DAPL reaches the Missouri River.

In response, Morton County Sheriff’s Department blocked off Highway 1806 “due to a large group of protesters blocking the north and south bound lanes.” The barricade was dismantled later Sunday afternoon after law enforcement asked activists to take it down. 

“Individuals trespassing on private property can’t claim eminent domain to justify their actions,” Kirchmeier said.

 

“Thirty Minutes of Terror”

Phelim McAleer, who identified himself as an Irish journalist to Morton County emergency personnel, is the director of the film FrackNation, a movie some say is part of the big oil campaign to debunk the harmful affects of fracking. McAleer traveled to the Standing Rock area last week to “get the truth about the story on both sides,” he said.

The first day he and two others received permission from Seven Council Fires Camp, or Big Camp personnel to conduct interviews, McAleer said. He waited until the second day to pull out the big questions.

mcaleer

Phelim McAleer and camp security scuffling over microphone – photo provided by Morton County Sheriff’s Department

“I asked them if they were being hypocritical,” McAleer said. “Because they were using automobiles to arrive at camp. And then a gentleman grabbed my microphone and dragged me across the field.”

His self-described “thirty minutes of terror” began.

Video of the incident taken primarily from inside a vehicle shows no violence, and yet McAleer insists that his life and property were threatened.

“I was scared, I really was,” McAleer said. He said he has reported news in Northern Ireland during the Troubles, and also in Eastern Europe when communism fell. “I’ve been around the block, a journalist for 30 years. It was very scary. There was a sense of lawlessness and anger that led to the unpredictability, feeding off their own energy, getting angrier and angrier. Blowing the horn seemed to excite them, it was escalating and that was the problem. There was no calming voice.

“I could see this getting ridiculously out of control.”

Their vehicle was surrounded. The driver, Magdalena Segieda, another producer of FrackNation, was afraid to put the car in park because the doors would unlock, according to Morton County Sheriff’s Department. Segieda called 911, and law enforcement arrived. McAleer, Segieda, and one other were eventually allowed to leave.

“They’re attacking us for asking questions,” McAleer said in the video.

“This is scary,” Segieda said in the video. “We want to leave.”

“It was a threatening and terrifying situation for the three journalists that were down there,” Kirchmeier said during a press conference. The video was taken from a low vantage point, and shows little outside activity.

McAleer retreated to Ireland after the incident, and isn’t pressing charges. He said Morton County Sheriff’s Department will investigate, and the department has already posted pictures of people involved in the incident on their Facebook page, asking for help identifying those involved. McAleer believes the video footage will speak for itself. “All I want to get is the truth of what’s happening, and I found that truth and it’s an ugly truth,” he said.

Camp authorities report that McAleer was read the rules of the area “one by one,” when he checked in. He was caught documenting children without permission from a parent or guardian, documenting the sacred fire that was off limits, and asking offensive questions of community members. When confronted, McAleer said he did not have a press pass, and that he did not need one, and when he pulled away in his vehicle he hit an unnamed activist.

In YouTube videos, McAleer described water contamination victims due to fracking practices are like bank robbers. “Why do you rob banks? Because, that’s where the money is. Why do you sue oil and gas companies? Because, that’s where the money is.”

McAleer, who has been called a “fake journalist” on big oil’s payroll, denied being supported by big oil companies. He is also known as a “professional character assassin,” and has been documented harassing movie stars and homeowners affected by Cabot Oil & Gas drilling in Pennsylvania. In a question and answer session after a showing of FrackNation in Pennsylvania, McAleer reported that the people with poisoned water, toxic enough to light on fire coming out of their taps, were lying.

“You can call it this, you can call it that, and maybe the truth is somewhere in between,” McAleer said. “And I know to use the word liar is a very strong statement, but they are liars. These are not stupid people, although they do a good job at looking like it. But they lied…

“Sorry. Where is the scientific evidence of your water being contaminated? If you don’t have any, how do you know you have any, you don’t know, you’re lying. You’re making it up, you’re scaring people.”

Closer to home, an April 27, 2016 study released by Duke University, funded by the National Science Foundation, and the Natural Resources Defense Council, and published in the Environmental Science & Technology magazine shows that accidental wastewater spills from “unconventional oil production in North Dakota have caused widespread water and soil contamination.” More than 9,700 wells have been drilled in the Bakken region of North Dakota in the past decade, which led to more than 3,900 brine spills, primarily from faulty pipes, the report states.

The water studied in some spill sites was unsafe to drink, the study reported.

 

Political Pressure to Finish the Race

Senator John Hoeven R-N.D., met with the US Army Corps of Engineers last week to pressure the Corps to allow the final easement, a three-mile stretch of land leading up to the Missouri River, which would give DAPL the access it needs to send the pipeline under Lake Oahe.

“That means getting the Corps to approve the easement so construction can be complete and life can return to normal for our farmer and ranchers in the region, and for our law enforcement who are working very hard to protect lives and property,” Hoeven said in a press release. “We need to have this situation resolved.”

Last week, the U.S. Corps of Engineers, representatives from the Standing Rock Sioux Tribe, state archeologists, and DAPL environmental team members coordinated a walk-through of a portion of the pipeline project, according to Morton County Sheriff’s Department.

The walk through along the pipeline - photo provided by Morton County Sheriff's Department

The walk through along the pipeline – photo provided by Morton County Sheriff’s Department

“Morton County has been making an effort to bring representatives from the tribe, DAPL, and the state historical society for weeks,” Kirchmeier said. “This is very positive to see that all interested parties could together look at the sites in which they have had differing opinions of the historical significance. While there still may be differences, the conversation was positive and allowed all parties to better understand each other.”

Congressman Kevin Cramer R-N.D., participated. “I believe those of us on all sides of the Dakota Access Pipeline issue benefitted from walking together and sharing our expertise, experiences, and expectations,” Cramer said. “I hope this can help us establish a better understanding going forward. And, I am certain that after today the Corps of Engineers will feel confident it has the adequate affirmation to issue the final easement to complete the pipeline construction across the Missouri River at Lake Oahe.”

While Standing Rock Sioux leaders contemplate whether to move the winter camp to their own lands, one aspect of their fight has not changed. Their fight is not only today against DAPL, but it is a growing global resistance to big oil, and in many activists’ opinions, they are winning.

Even if the pipeline crosses the Missouri River.

“As an activist I never cared about voting,” Iron Eyes said in a Facebook post. “I can see now how apathy about the political process allows establishment paid for politicians to stay in power like a revolving door. Big money pays for their campaigns, the politicians pave the way for their benefactors, the people feel disconnected, nobody cares, and we end up with politicians who suppress votes, militarize and embarrass our state…

“This is a great test for us. We need to be committed to peace on all sides.”

“We remain vigilant and organized,” Red Warrior Camp leaders posted on Facebook. “We’ll see you on the prairie.”

“I have the firm belief that we will stop a pipeline that carries 500,000 barrels of oil a day, and is 60 percent complete… we will stop it in its tracks,” Dallas Goldtooth, a campaign organizer of the Indigenous Environmental Network, said in a speech.

Barricade across Highway 1806 built by activists on Sunday, Oct. 23, later torn down at request - photo provided by Morton County Sheriff's Department

Barricade across Highway 1806 built by activists on Sunday, Oct. 23, later torn down at request – photo provided by Morton County Sheriff’s Department

 

 

 

Dakota Access Pipeline – No More Huckleberries

The continuing story in the  fight spearheaded by the Standing Rock Sioux Tribe against Big Oil to save water and sacred indigenous lands in North Dakota

By C.S. Hagen
BIG CAMP, ND – Centuries before the discovery of oil, a hungry bear lumbered into a forest and began gorging on all the huckleberries it could find, according to ancient Native American legends. The forest animals took notice, and held council, for without huckleberries a vital part of the forest would surely be lost.

After reaching a decision the forest animals timidly approached the bear and warned it to stop before the damage was irreparable; a price had to be paid. The bear needed to give something back for the carnage it created.

“But all I have is my fur and my claws,” the bear said.

“You must give up your eyesight,” the animals said.

The bear agreed, and to this day the tender, versatile fruit has an eye on every berry, and bears have never regained the eyesight they once had.

Told late at night in Big Camp, short hikes from the Camp of the Sacred Stone and Red Warriors Camp outside of Cannon Ball, the legend is the difference between life and death to the largest gathering of Native American tribes in 140 years. Not since the Battle of the Greasy Grass or Custer’s Last Stand, have the Great Sioux Nation’s Seven Council Fires, or the Oceti Sakowin, been united.

Activist weilding a rifle used during the Battle of the Greasy Grass (Custer's Last Stand). When asked to give up the weapon, the activist did without question. - photo by C.S. Hagen

Activist wielding a rifle used during the Battle of the Greasy Grass (Custer’s Last Stand). When asked to give up the weapon, the activist did without question. – photo by C.S. Hagen

In addition, more than 200 tribes, 100 social groups and associations, at times exceeding 5,000 people of all nationalities, are not only protecting water, now they’re protecting land. Smaller camps have been established along rural roads; scouts are tirelessly on the lookout for Dakota Access activity.

On September 3, activists say Dakota Access Pipeline orchestrated a “sneak attack” that desecrated two miles of Native American burial grounds. Allegedly, an Ohio-based dog breeding and training company, known by netizens as Frost Kennels, attempted to ward off the protesters – men, women, and children – with mace and trained attack dogs. Mercenaries, activists called them. Altercations ensued, Morton County Sheriff’s Department reported, but activists say only after security personnel allegedly pushed attack dogs into the crowds. At least six activists, including a young woman bit on the breast and one child who broke out in a rash after being hit in the face with mace, sought medical help, activists said.

Activists forced security personnel to retreat after the attacks ensued. Frost Kennels admitted their personnel were at the Dakota Access Pipeline area on Facebook.

Dakota Access Pipeline private security - online sources

Dakota Access Pipeline private security – online sources

“They provoked everything that happened,” Standing Rock Sioux Chairman Dave Archambault II said. “We are not violent, but when you have companies provoking, it is hard to keep going. It’s time to stop infringing on indigenous rights.”

Law enforcement watched from a nearby hill, activists said.

“They didn’t try to deescalate either side,” Dale “Happi” Americanhorse Jr. said. “What happened on Saturday, it was hateful.”

The day after the altercation, Standing Rock Sioux tribe asked the U.S. District Court for the District of Columbia to grant a temporary restraining order against Dakota Access, which was partially granted by U.S. Judge James Boasberg. The U.S. Army Corps of Engineers, on whose land the altercation took place, did not oppose the issuance of the restraining order.

“This is a peace and prayer camp, we’re not here to start World War III,” Greg Cournoyer Jr., a councilman for the Yankton Sioux tribe said. The Yankton Sioux Tribe filed a lawsuit in federal court on September 8, according to Native News. With Cournoyer stood a fifth generation descendant of Colonel George Armstrong Custer, Whitney Custer, who has Cheyenne blood. From Kansas, she could not stay at the camp long as sixth generation Custers waited for her at home.

Whitney Custer, fifth generation descendant of Colonel George Custer - photo by C.S. Hagen

Whitney Custer, fifth generation descendant of Colonel George Custer – photo by C.S. Hagen

Although 140 years ago the Sioux soundly defeated and killed her cavalier ancestor, Custer felt nothing but acceptance from the Native Americans at Big Camp.

“I have been welcomed with happiness,” Custer said. “They’ve treated me like family, I feel very welcome.”

As soon as she stopped speaking, a mosquito-like buzz filled the air. Everyone looked up and pointed toward a circling drone. Sightings of helicopters and airplanes are commonplace, but activists now face the U.S. military. In preparation for the U.S. District Court for the District of Columbia decision on an injunction filed by Standing Rock Sioux Tribe to stop work along the pipeline, Governor Jack Dalrymple called in the North Dakota National Guard. Boasberg’s long-awaited decision on Friday favored the Dakota Access Pipeline, and the company was legally allowed to continue work.

“It is now clear and obvious the fight needs to be moved from Morton County to a courtroom in Washington, D.C.,” Morton County Commissioner Cody Schulz said.

US Presidential Candidate Jill Stein spray painting "I support this message" on Dakota Access equipment - photo provided by Morton County Sheriff's Department

US Presidential Candidate Dr. Jill Stein spray painting “I approve this message” on Dakota Access equipment – photo provided by Morton County Sheriff’s Department

Near Cannon Ball, however, local and state law enforcement officials have had their hands full, arresting 68 activists since the protests began, and have issued warrants for presidential candidate Dr. Jill Stein, and her running mate, Ajamu Baraka.

On Friday, Stein posted on her Twitter account, “Why is an arrest warrant out for me and @ajamubaraka, instead of Big Oil and the state of North Dakota?”

To ease some of law enforcement’s pressures along Highway 1806, on September 8 Dalrymple called in the military to act in a limited capacity, bolstering traffic checks and assisting law enforcement. The road is now open to the public, Archambault said, but the military presence did not disturb nor dismay him.

The day of the attack dogs photograph, activists defending themselves - photo provided by Morton County Sheriff's Department

The day of the attack dogs, activists defending themselves – photo provided by Morton County Sheriff’s Department

“The National Guard is not going to come here to the camps,” Archambault said. “The governor is trying to alleviate some of the pressures on local law enforcement.”

“Our mission is, and in this situation is the right approach, is to have guardsmen in support of law enforcement, and let law enforcement deals with those who break the law,” Major General Alan Dohrmann of the North Dakota National Guard said during a press conference.

Not long after the news of Standing Rock’s failed petition for an injunction against Dakota Access, President Obama’s Administration and the U.S. Army Corps of Engineers surprised both sides by issuing a statement that they no longer allowed Dakota Access to work on the U.S. Corps of Engineers’ lands, according to a U.S. Department of Justice press release.

“Important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding the Dakota Access pipeline specifically, and pipeline-related decision-making generally, remain. Therefore, the Department of the Army, the Department of Justice, and the Department of the Interior will take the following steps.”

No authorization will be given to Dakota Access on land bordering or under Lake Oahe, a distance of 20 miles in all directions, until determinations can be made whether reconsiderations of previous decisions should be made.

“Construction on the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time.”

Additionally, the Standing Rock Sioux tribe has “highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects.” All tribes were invited for government-to-government consultations this upcoming fall, according to the U.S. Department of Justice news release.

“It is now incumbent on all of us to develop a path forward that serves the broadest public interest,” the U.S. Army Corps of Engineers stated.

Congressman Kevin Cramer, R-N.D., called the Obama Administration’s move unfair and confusing and that the issue “deserved peaceful resolution that honors rights of lawful commerce,” in his weekly message. Senator Heidi Heitkamp, D-N.D., said the move was painful and disappointing, and offered “no light at the end of the tunnel for North Dakotans.”

In response to the alleged dog attacks, the State of North Dakota Private Investigation and Security Board has also began investigating complaints made against the private security company involved, its use of attack dogs, and if the company was authorized to work in North Dakota, counsel for the State of North Dakota Private Investigation and Security Board Monte Rogneby said.

Fargo City Commissioner John Strand spent the day after the dog attacks at Big Camp, he said, and attended ritual services performed by Native Americans there. He traveled to the area for personal reasons, and in the capacity of a Native American Commissioner, of which he has been a member for nearly three years.

“I think there have been mistakes made on both sides,” Strand said. “And that’s not necessarily surprising. On the state side we’ve done some things that have exacerbated the situation.”

Strand understands the skepticism many Native Americans have toward state and federal governments, he said.

“Don’t live in the past, or we will jaundice our views, but if we do look at the past, we need to look all the way back. Let’s meet each other, eye to eye, every chance we can. Let’s understand each other every chance we can.”

Spending time at the camps was an experience Strand will never forget, and he encouraged anyone interested to travel to Cannon Ball area to learn about what is happening.

Standing Rock Sioux Chairman Dave Archambault II - photo by C.S. Hagen

Standing Rock Sioux Chairman Dave Archambault II – photo by C.S. Hagen

Colorful tents, horses, vehicles, and people spanned the plains behind Archambault as he addressed media representatives from national news agencies and talk shows. Flags from more than 180 tribes snapped briskly under the prairie wind. Volunteers chopped firewood, manned kitchens. Loudspeakers announced the arrival of a new tribe supporting the cause. Along the Missouri River’s banks, canoes filled with Native Americans from Alaska, Hawaii, Washington, and elsewhere docked.

Thousands, fists raised, cheered.

“There is a spirit awakening,” Archambault said.

The spirits of eagles, which have been seen flying over the camp, or the buffalo, which roam nearby, and even the spirit of thunder bringing rain on September 7, dampening the ground and halting pipeline construction workers, Angela Bibens, the camp volunteer attorney said.

“What they did, is a crime scene,” Bibens said. “Genocidal violence. They knew what they were doing, it was a sneak attack, and this is a profound expression of sovereignty here.”

Activist "Joanne" giving a speech - photo by C.S. Hagen

Activist Joanne Spotted Bear giving a speech – photo by C.S. Hagen

Sovereignty. The legal battles that have gone nearly unnoticed by many for hundreds of years, Archambault said. Too many times federal agencies have violated the U.S. Constitution, Article VI, activist Seven Thunders from Cheyenne River said. The U.S. Constitution article states all treaties made under the authority of the United States are the supreme law of the land, which would include the Fort Laramie Treaty of 1851 giving indigenous peoples permanent rights to defined territories. The altercation took place on the U.S. Corps of Engineers land, taken from the Standing Rock Sioux tribe in the 1940s during dam construction projects.

The “black snake,” as activists call the Dakota Access Pipeline, its Wall Street and government investors, its oil drillers, and pipe layers, have taken too much from the earth, and are not heeding the warnings to give something back, Archambault said.

“Energy Transfer, who has zero human rights policies, made the decision to dig up sacred land,” Achambault said. “But if the judge rules in our favor, it’s ok. If the judge rules in their favor, it’s not the end.” He plans, through the tribe’s law firm Earthjustice, an environmental law organization, to appeal the decision.

Morton Count Sheriff’s Department sees the weeks’ events, including the altercation led by attack dogs, as a serious danger.

“A group of protesters launched a march from their camp located on U.S. Army Corps of Engineers land to where construction was taking place on the Dakota Access Pipeline, on private property,” the Morton County Sheriff’s Department stated in a news release. “They stampeded into the construction area with horses, dogs, and vehicles.”

Four security personnel were assaulted; one was take to a Bismarck hospital. Two security K-9s were also treated for injuries.

“This was more like a riot than a protest,” Morton County Sheriff Kyle L. Kirchmeier said in a press release.

“There is a legal analysis that we are squatting,” Bibens said. “But when we are forcibly removed from our lands it’s like cutting off our own umbilical chords.”

“The state is trying to get us to stoop to their level,” Cody Two Bears, a Standing Rock councilman said. “And if we do that, then we are no better than they are.”

Ronald and Eric Day from Washington hailing departing canoes along the Missouri River - photo by C.S. Hagen

Ronald and Eric Day from Washington hailing departing canoes along the Missouri River – photo by C.S. Hagen

Dakota Access LLC has removed equipment from U.S. Army Corps of Engineers land, officials said, but not far enough away to satisfy activists. On Tuesday morning, approximately 50 law enforcement officers from Morton County Sheriff’s Department, the North Dakota Highway Patrol, and other law enforcement agencies, arrested 22 activists north of I-94 at exit 20 near Mandan, according to the Morton County Sheriff’s Department press release. Twenty activists were charged with criminal trespass and two were found bound to equipment, charged with disorderly conduct, and hindering law enforcement, according to the press release.

Eight more activists were arrested Wednesday, two men were charged with reckless endangerment, a felony, and could face up to give years and or a USD 10,000 fine, according to Morton County Sheriff’s Department.

Sough of 1-94 near Mandan where 22 activists were arrested Tuesday, September 13, 2016 - photo provided by Morton County Sheriff's Department

South of 1-94 near Mandan where 22 activists were arrested Tuesday, September 13, 2016 – photo provided by Morton County Sheriff’s Department

“Drunk Indian is Dead”

Americanhorse, known by friends as Happi, doesn’t see himself as the local hero he has become in online headlines and print media. He’s well spoken, peaceful in presence, commanding a quiet authority with his six-foot tall, 250-pound frame. Like many his age, he doesn’t know his native language, but intends to learn.

On August 31, the 26-year-old Sicangu-Oglala Lakota warrior pushed aside his fears, and leapt onto an excavator, forcing the driver to shut down the engine – in accordance with OSHA regulations. Fortunately for Americanhorse, the driver walked away, saying he got paid whether he worked or not. Wrapping his arms around a part of the machinery, he chained himself with a plastic pipe smothered in tar. For six hours, law enforcement tried hacksaws, crane lifts, pondered how to disassemble the machinery before he was freed.

And then he was arrested.

Dale "Happi" Americanhorse at Shane Balkowitsch studio posing for a wet plate - photo by C.S. Hagen

Dale “Happi” Americanhorse Jr. wearing the same clothes and bandana he wore after chaining himself to Dakota Access machinery. Photo taken at Shane Balkowitsch Studio while he was posing for a wet plate. – photo by C.S. Hagen

Most netizens applauded his bravery. A few made comments to cut off his arms, or use a bone saw.

To Americanhorse, the pending court date is a small price to pay to protect water and land. “My main focus is this fight, and it’s all over the continent, in fact it’s all over the world,” he said. “When we’re done with this fight, and we’re going to win this fight, I am going to go look for allies that came here who have their own problems and I want to be able to sit there with them and fight those fights, whatever it is they’re fighting just in solidarity for them doing the same with me.”

American horse while chained to a Dakota Access excavator - online sources

Americanhorse while chained to a Dakota Access excavator – online sources

Not in seven generations have Native Americans come together in such strength, he said. Old grudges have been cast aside. Daily, tribal leaders stretching from one coast of North America to the other stand to speak before the hundreds, sometimes thousands gathered. One of the most historical moments was when the Crow tribe, one of the Sioux’s oldest enemies, arrived at camp in a show of support.

Historically, the US government has tried to eradicate Native American culture, Carina Miller, a councilwoman from the Warm Springs Tribe in Oregon, said. She heeded the call to rise at 5 a.m.

“Get up. They’re back,” someone in the darkness called out. “Get up. They’re back.”

She jumped into her “pony,” a 2010 Chevy Cobalt, with friends and drove to the site, but company workers could not proceed; the ground was too wet.

Miller grew up on a reservation, the local school district did not allow her to learn her own language, and she feels the government tried to erase her and her tribe.

Activists after taking control of excavation equipment - photo provided by Morton County Sheriff's Department

Activists after taking control of excavation equipment – photo provided by Morton County Sheriff’s Department

“They pit us against each other, breaking treaties, trying to wipe us out,” Miller said. “People need to understand history.” Today, her tribe fights Nestle over water bottling rights on Native American land in Oregon, she said. The gathering of so many indigenous nations has brought her hope for her homeland.

“It’s a really strong and powerful presence,” Americanhorse said. “It feels like it is going to be a lot easier for us to work together. If we can establish a way we can work together here, then in the future when another issue comes up, something threatening another indigenous tribe, we can get together.”

The road to becomming involved in the fight to protect water and sacred lands wasn’t easy, but in the end, the decision to give up his old life was. All roads pointed to Sacred Stone Camp. As a child in the public school system in Colorado, Americanhorse was shunned both by white people and other indigenous tribes, like the Utes and the Navajo, he said. He learned to shy away from outsider help, grew up with violence and chaos. Drank on the weekends.

In town, he has to constantly stay on the lookout for out-of-town pickup trucks. Where there are work trucks, man camps cannot be far away in western North Dakota. Where there are man camps, there are the cartels. And where there are cartels, sex trafficking, methamphetamine dealers, not to mention frustrated men with too much money, are in abundance.

“They prey on the indigenous women,” he said. “It’s not talked about, because they’re up here in North Dakota where everyone is supposed to be making all this money, but nobody really cares.”

He said indigenous towns such as Cannon Ball, have monstrous problems with teenage suicide, methamphetamine use, and a desperation that can be known only to the downtrodden.

“It’s weird when it comes to race,” he said. “The race issue for me was a pretty big thing. I thought all white people were racists.”

Americanhorse’s mother was the one who offered a helping hand, slyly roping him into fighting pipelines, he said. She introduced him to horses, and then to the KXL pipeline fight.

“At first I didn’t want to be there, I didn’t want to help. But that was the first step, going to the pipeline and to that fight was my first step in the right direction.”

But after the KXL pipeline project was defeated, he returned home. Went back to his normal jobs, sometimes as an assistant manager at Dominoes, at other times a casino in Colorado.

“I was walking in a world and a reality where I was worried about a certain image of me. I didn’t really think of where things came from or how they were made, and I didn’t think of the environment that much.”

His second step, he said, came when he watched a Sundance – a Native American spiritual ceremony where participants pierce their flesh with roped hooks tied to a tree. They perform ritual dances around the tree until the hooks fall out.

“You cannot bring negative thoughts to a Sundance,” he said. The experience changed his thoughts on his lifestyle, and led him to horses.

“My mother roped me in again,” he said. “I kept meeting people active against pipelines.”

She introduced him to a horse whisperer, not far from the Sacred Stone Camp. There, he learned how to approach a horse, how to groom them, how to saddle a horse, and how to ride. He now owns a two-year-old Blue Roan named Guardian, part Dakota, part Choctaw. It was after learning about horses that he decided to become involved in his second pipeline fight, the Dakota Access Pipeline. What was supposed to be a short visit has become a struggle he will not leave until it is finished.

At first, no more than fifteen people lived at the Sacred Stone Camp. With only USD 3,000 in support, they watched the excavators push aside what was once their tribe’s soil. “We couldn’t do anything at first,” he said. “We didn’t have the numbers.”

American horse simulating oil in his hands at Shane Balkowitsch studios in Bismarck - photo by C.S. Hagen

Americanhorse simulating oil in his hands at Shane Balkowitsch Studio in Bismarck – photo by C.S. Hagen

Sometimes Americanhorse went for two days without sleep. Camp life is hard, especially as their numbers grew quickly through the popularity of social media. Daily, he and others ensure activists have shelter, warmth, food, proper tents, firewood, and clean water. A school for children has been setup, a library as well. Medical crews are on constant standby to help the elderly or the sick. The Dakota prairie is mostly barren of vegetables and trees, so he gathers driftwood for fuel, and depends on donations to survive.

Smaller camps along the so-called front lines have been setup. Before sunrise, September 8, activists wearing bandanas over their faces returned from scouting maneuvers along the pipeline’s planned route. Some activists burned braided sweetgrass and waved the smoke over themselves before missions; for the company was watching them, just as they were watching the company, activists said.

They’re organized, committed, and prepared to be arrested.

Rope stretched across the highway was used to slow traffic. Any fence knocked down was quickly rebuilt. Trash was collected in buckets. Porta-potties, food, and much needed coffee were brought from Big Camp to keep the front-liners as refreshed as possible. During the quieter times, some along the front line nap, or read books. Others warm themselves around a fire sipping hot drinks and discussing recent events. Any time a two-way radio growled to life, they become instantly alert, listening for action.

Despite the hardships of camp life, or perhaps more appropriately because of it, Americanhorse found his calling.

“Being out here made me want to be more involved in this life. I want to bring our culture back to the people, our ways of life in modern day.”

Squash drying by Winona Kasto - photo by C.S. Hagen

Squash drying by Winona Kasto – photo by C.S. Hagen

He has also learned that not all white people are racists. In addition to the thousands of Native Americans, others from all walks of life have begun committing their time, money, and for some, their personal freedoms to protect water, and now indigenous land. “It has been through fighting pipelines that I learned to be more open minded to everything.”

Like all Native Americans, Americanhorse understands oil is important to modern society. He knows that oil also must go from point A to point B, to be refined, and then shipped across the globe. But Bakken crude will never travel under the Missouri River, where Dakota Access plans the pipe to run. More monies and research needs to be poured into alternative forms of research pertaining to solar and wind powers, he said,  instead of bolstering a dangerous addiction to fossil fuels with a pipeline that will one day leak.

“You cannot ignore this many nations coming together,” Americanhorse said. “You can’t see that and challenge it. This billion-dollar industry has never seen anything like this before.” Losing this fight, for Americanhorse, is not an option.

“There are more people involved in this fight than you know, and this pipeline is affecting a lot of people.”

Some of the activists are weekend warriors. Some are drifters, traveling by car, by bus, by hitching rides. Others like Richard Fisher, half African American and half Native American, gave up his 19-dollar-an-hour job in Sisseton, South Dakota to volunteer in the camp’s kitchen.

Richard Fisher, a volunteer cook from South Dakota preparing evening meal - photo by C.S. Hagen

Richard Fisher, a volunteer cook from South Dakota preparing evening meal – photo by C.S. Hagen

“I was born for this,” Fisher said. He stirred a cauldron of chili for the camp’s evening meal. “My dad was a Black Panther and my mother was with AIM.”

One of the camp’s head chefs and a traditional cook, Winona Kasto, is in charge of feeding any hungry mouth that comes her way. “It’s never ending, but it’s not tiring,” she said. “I came here because of the need to feed the people.” Usually, Kasto cooks wojapi, or a berry pudding, prepares dried squash, dried corn, stews, traditional native food, and in her spare time, if she can find any, holds classes for the youth to learn old indigenous recipes.

Americanhorse has given up his old way of life as well and returned to one much older. When there are no more pipelines or other issues to fight, he plans to raise horses, help his mother on her ranch where she owns breeds whose bloodlines can be traced to Sitting Bull’s herd.

Everywhere in the camp people are smiling, introducing themselves. Children play cops and robbers, volleyball, basketball to pass the calmer moments. Native American drummers sing traditional songs from all corners. At night, dozens gather around the fire at the Sacred Circle to pray and dance, a tradition that was once banned inside the United States.

Cooks at Big Camp, Winona Kasto, traditional cook, at right - photo by C.S. Hagen

Cooks at Big Camp, Winona Kasto, traditional cook, at right – photo by C.S. Hagen

“The drunk Indian is dead,” Americanhorse said. “There are a lot more people going in the cultural ways. I see the healing. I look forward to seeing other cultures come up and bring their structures up, and that way witness other cultural presences from every other nation.”

Americanhorse’s story is endemic among many Native Americans gathered outside of Cannon Ball. Far too many appear to come from troubled childhoods, addictions, and are searching for identity. Like confessions, their stories are told nightly around the Sacred Fire. They are returning to their roots and ancestral traditions, and discovering for the first time a peace they’ve never known before, while at the same time learning to accept all cultures.

One canoe rower spoke to a crowd of onlookers before pulling into the Missouri River.

“When you pull an oar you dig deep. It hurts, but it is supposed to.” The repetitive movement, not unlike meditation and prayer, helped him heal from a troubled childhood, he said.

“This is a very historical event, foretold by our elders that the Seventh Generation would rise up,” Layha Spoonhunter, an eastern Shoshone said. “We are seeing that here, and in many ways, we’ve already won. We’re going to win with the prayers and the songs that have been offered here, that is our strength and that will take us to victory.”

 

Oil Profiteers

Seventeen worldwide banks and financial institutions are backing Energy Transfer Partners, the parent company of Dakota Access LLP, according to the Food and Water Watch. The banks include: Citibank, Morgan Stanley, JPMorgan Chase & Co., Wells Fargo, Credit Suisse, DNB Capital, Royal Bank of Canada, US Bank, BNP Paribus, Royal Bank of Scotland, TD Securities, ABN AMRO, Philadelphia’s DNB First Bank, ICBC London, SMBC Nico Securities, and Societe Generale, and they’ve extended a USD 3.75 billion credit line. More than thirty other banks are provided general financing for Sunoco Logistics Partners LP and Energy Transfer Partners.

Standing Rock Sioux Tribe flag with ever-present helicopter in distance - photo by C.S. Hagen

Standing Rock Sioux Tribe flag with ever-present helicopter in distance – photo by C.S. Hagen

Dakota Access LLC is a joint venture between Phillips 66 and Energy Transfer Partners LP, and recently Sunoco Logistics Partners LP, Enbridge, and Marathon Oil purchased up to 37 percent stake in the pipeline.

“I think it is important to see the forces behind this particular pipeline as the same forces behind numerous other pipelines across the country, both to support fracking for tight oil as well as fracking for shell gas all toward maximizing production of oil and gas, when the science is clear we need to maximize what we keep in the ground,” Hugh MacMillan, a senior researcher for Food and Water Watch said.

“If you ask Morgan Stanley, they said a year ago that the oil producers are getting into ‘prison shape,’ and without irony,” MacMillan said the company reported in 2015. “So, you know, this is a long-term, these are long-term investments from the banks. They fully expect the United States to maximize its production of oil and gas through widespread fracking.”

Investors do not only include banks. Politicians are also involved.

Senator John Hoeven, R-N.D., a member of the U.S. Senate Committee on Indian Affairs, has invested in companies involved in the Bakken oil patch, including Energy Transfer Partners and the San Antonio-based independent petroleum refining company Valero Energy Corporation, both for up to USD 250,000, and not less than USD 100,001, according to the United States Senate. Hoeven has also invested up to USD 100,000 in Kinder Morgan Inc., an energy infrastructure company, and up to USD 1,000 in Kinder Morgan Energy Partners, a subsidiary of Kinder Morgan. Additionally, investments of up to USD 250,000 were made with Union Pacific Corp., a crude rail transporter, and up to USD 250,000 in CSX Corp, which is a North Dakota crude rail carrier, according to the U.S. Senate. Hundreds of thousands of dollars have been invested by Hoeven into oil wells owned by Whiting Petroleum Corporation and ExxonMobil, and both companies have donated to Hoeven’s 2016 senate campaign, according to Open Secrets.org, Center for Responsive Politics.

Hoeven, who was known for his support of TransCanada’s Keystone XL tar sands pipeline, and supports building the Dakota Access Pipeline, also has personally invested in 68 different oil-producing wells in North Dakota listed under the 2012-company Mainstream Investors, LLC, according to the United States Senate financial disclosure form. Continental Resources, Inc., the company which is ran by its CEO, Harold Hamm, a campaign energy adviser to Republican presidential candidate Donald Trump, owns 17 of the wells.

Additionally, in 2016, Continental Resources, Inc. contributed USD 10,200 to Hoeven’s campaign, and since 2010 Hamm with his former wife Sue contributed USD 8,000 to Hoeven, according to Oil Change International’s Dirty Energy Money database. ExxonMobil contributed USD 10,000, and Whiting Petroleum Corporation has contributed USD 2,750 to Hoeven’s 2016 senate campaign.

“It is certainly a confluence of interests,” MacMillan said. “They would argue it is not a conflict of interest because it’s all in the public interest. He’s obviously up there talking about what a wonderful thing all this fracking is in North Dakota. Has an attitude of ‘get off my back, we’re doing a good job,’ but when coupled with investing in these wells, it doesn’t look so good.”

Hoeven said he sold his shares in Energy Transfer in 2015, but owns other shares in other energy companies. He does not see his investments as a conflict of interest and has “always been a strong supporter of energy development in our state and across the country.

“We need to build infrastructure to move energy safely and efficiently and modern pipelines continue to be the safest way to move oil and gas around the country,” Hoeven said.

North Dakota’s “wild west” oil boom kept the state afloat during recent economic downturns, but the real national and state costs are only beginning to show, researchers report.

Native American activist, or water protector, during rally - photo by C.S. Hagen

Native American activist, or water protector, during rally – photo by C.S. Hagen

An April 27, 2016 study released by Duke University, funded by the National Science Foundation, and the Natural Resources Defense Council, and published in the Environmental Science & Technology magazine shows that accidental wastewater spills from “unconventional oil production in North Dakota have caused widespread water and soil contamination.” More than 9,700 wells have been drilled in the Bakken region of North Dakota in the past decade, which led to more than 3,900 brine spills, primarily from faulty pipes, the report states.

The water studied in some spill sites was unsafe to drink, the study reported.

High levels of ammonium, selenium, lead, and salts have been found in the soil; streams have been polluted by wastewater, which contain contaminants, according to the study. Soil along spill sites has also been contaminated with radium, a radioactive element.

“Many smaller spills have also occurred on tribal lands, and as far as we know, no one is monitoring them,” Avner Vengosh, a researcher and a professor of Earth and Ocean Sciences at Duke University said. “People who live on the reservations are being left to wonder how it might affect their land, water, health and way of life.”

The spills are primarily coming from pipelines in the Bakken area, he said. The spill areas have not affected reservoirs for human drinking water, but some are close. Everyone shudders when news of an oil spill breaks headlines; brine spills are far more frightening, he said.

“Nature cannot heal from inorganic brine spills,” Vengosh said. “The contaminants are going to stay. You can dilute and over time this will help, but the actual concentration will remain.”

In other words, areas where the brine spills have occurred in the Bakken region must be completely removed and disposed of. Radiation, which could spread by wild animals, is another concern that is difficult to control.

“And the more wells you drill, the more spill you have,” Vengosh said.

In 2014, one of North Dakota’s largest spills sent approximately one million gallons of brine into Bear Den Bay on the Fort Berthold Reservation, a quarter mile upstream from a drinking water intake on Lake Sakakawea, according to the report.

More recently in 2015, CSX Corp train carrying hazardous materials derailed in Kentucky, and in 2014 a CSX Corp train hauling North Dakota crude derailed, bursting into flames in West Virginia, spilling more than 800 barrels into the James River.

Transporting crude oil by rail or by truck is in decline, analysts say, primarily due to costs. Pipelines are cheaper. Since 2010, however, more than 3,300 incidents of crude oil and liquefied natural gas leaks or ruptures have occurred in pipelines within the United States, according to the Center for Effective Government. The incidents have killed 80 people, injured 389, and have created $2.8 billion in damages, not to mention the lingering effect on humans, and the release of toxic chemicals into soil, waterways, and air. Nearly one third of the spills since 2010 came from pipelines carrying crude oil, as the Dakota Access Pipeline plans to carry.

Researchers say more money and attention needs to focus on alternative energy sources, and not bolstering old methods for burning fossil fuels.

“The solutions are there, not just for producing renewable energy, but for conservation and efficiency,” MacMillan said. “It’s just a matter of building it out. We don’t have the commitments from state and federal governments or private sectors to sink the money to make that happen.”

Native American canoe rowing toward Camp of the Sacred Rock on Missouri River - photo by C.S. Hagen

Native American canoe rowing toward Camp of the Sacred Rock on Missouri River – photo by C.S. Hagen

The main force behind the Dakota Access Pipeline is the founder of Energy Transfer Partners, Kelcy Warren, worth USD 7.3 billion, according to Bloomberg.

Warren’s fortunes have come from transporting crude oil others pull from underground, according to Bloomberg. His mansion, a 23,000-square-foot home on 10 acres of land in north Dallas features 13 bathrooms, a chip-and-putt green, a pole-vault pit, a four-lane bowling alley, and a 200-seat theater. On his ranch near Austin, he raises giraffes, javelinas, and Asian oxen. He also ranches in eastern Texas and southwest Colorado, has a house on Lake Tahoe, and an island off the coast of Honduras.

“To be where we are today, it’s like a dream,” Warren said in the May 18, 2015 Bloomberg article. “I swear to God, I almost think we did it without anybody noticing.”

The Dakota Access Pipeline began in May 2016, and if finished will snake through the states of North Dakota, South Dakota, Iowa, and Illinois, where it will join up with a second 774-mile pipeline to Nederland, Texas. More than 570,000 barrels of Bakken crude oil will pass through the pipeline per day if it is finished third quarter 2016, according to the U.S. Army Corps of Engineers.

The upside-down flag symbolizes distress, yet some activists are calling for the flag to be turned upright. - photo by C.S. Hagen

The upside-down flag symbolizes distress, yet some activists are calling for the flag to be turned upright. – photo by C.S. Hagen

 

 

 

Water and Oil Do Not Mix

Standing Rock Sioux Tribe begins its fight against Dakota Access Pipeline, activists arrested, governor declares emergency state

By C.S. Hagen
CANNON BALL, ND – The Bakken Pipeline began quietly, leaving few footprints along its legal trail straight into the U.S. Army Corps of Engineers’ lap. Shortly after the 1,172-mile project was green-lighted, protests erupted in western North Dakota. Arrests and lawsuits, calls for peace and threats of violence, followed.

On Friday, North Dakota Governor Jack Dalrymple issued an emergency situation due to civil unrest, according to Morton County Sheriff’s Department, and Morton County Commissioners extended the declaration on Monday.

The protest along the pipeline’s route less than one mile from the Standing Rock Sioux Reservation of North Dakota and South Dakota, started on August 10 when tribesmen blocked an access point for Dakota Access, LLC construction crews, effectively forcing workers to leave the area. A total of thirteen arrests were made, but the activists’ war cry did not change – water and oil do not mix.

Within a week the activists’ numbers grew from 200 to more than 2,000 people coming from across the United States and Canada, activists said.

Dakota Access Pipeline - Spirit of Cherry Valley Horses 8-15-2016 1971

Dakota Access Pipeline activists on horseback, Spirit of Cherry Valley – wet plate by Shane Balkowitsch

On August 15, Dakota Access LLC moved equipment and employees back to the construction route. A hole was cut into a fence, allowing access to more than 50 activists, leading to accounts of broken machinery windows and an assault on a private security worker, according to the Morton County Sheriff’s Department.

Activists on horseback charged police, forcing them to retreat from their line, according to the Morton County Sheriff’s Department. More arrests were made. As of Monday, a total of 29 activists, including Dave Archambault II, chairman of the Standing Rock Sioux Tribe, or the Hunkpapa Oyate, had been arrested, according to the Morton County Sheriff’s Department. Of those arrested, 26 were charged for disorderly conduct, and three were charged with criminal trespass. All have since been released.

A standoff between activists and law enforcement ensued.

Police and Highway Patrol guarding their line at the Dakota Access Pipeline Police - photo by Shane Balkowitsch

Law enforcement guarding their line at the Dakota Access Pipeline – wet plate by Shane Balkowitsch

Divergent movie series heroine Shailene Woodley during a protest in Bismarck, ND - courtesy of online sources

Divergent movie series heroine Shailene Woodley during a protest against the Dakota Access Pipeline in Bismarck, ND – courtesy of online sources

The outcry against big oil attracted Hollywood movie stars Leonardo DiCaprio’s attention, and on August 11 brought Divergent movie series heroine Shailene Woodley to join the protesters.

“The spirits are there, the people are there,” activist Margaret Landin said. “They are empowering each other.”

Tensions are brewing. While Archambault calls demonstrators to peace, Morton County Sheriff Kyle Kirchmeier fears for safety.

Black Land Rovers with tinted windows are parked nearby, watching, activists report. Authorities began investigating two incidents of laser strikes against aircraft conducting surveillance on the protesting encampment, according to the Morton County Sheriff’s Department. The strikes allegedly occurred on August 17 and Sunday, temporarily blinding one pilot, and is considered a federal crime leading to a fine or imprisonment for up to five years or both if convicted.

Six miles south of Mandan, State Highway Patrol troopers closed Highway 1806 to traffic. Cellular phone services have been terminated to the area, activists report. Local parks, campgrounds, boat ramps, and fishing areas have been shut down. Work on the pipeline has been halted. Rumors that construction workers had discovered old Native American burial grounds were not verified.

“We’re trying to provide a line, a safe line for the pipeline people to enter and to go and do their legal work,” Kirchmeier said. “And they were preparing to throw pipe bombs at our line, M-80s, fireworks, things of that nature to disrupt us.

“That, in itself, makes it an unlawful protest. In that area people are compromising the private land down there, and they’re compromising the equipment that is down there.”

Online threats have also been made on social media against the lives of law enforcement officials in the area, according to the Morton County Sheriff’s Department. “We take these comments very seriously,” Kirchmeier said. “We have to take these comments very seriously to protect not only officers’ safety, but residents who live in the area along with those participating in the protest activities. The threats are very concerning.”

Dalrymple’s declaration of an emergency situation was also instituted by fear.

“The State of North Dakota remains committed to protecting citizens’ rights to lawfully assemble and protest, but the unfortunate fact remains that unlawful acts associated with the protest near Cannon Ball have led to serious public safety concerns and property damage,” Dalrymple said in a press release on Friday . “This emergency declaration simply allows us to bring greater resources to bear if needed to help local officials address any further public safety concerns.”

Declaring an emergency situation also allows for the coordinated and effective effort of “appropriate government departments” to minimize the impact of the emergency, according to the executive order issued by Dalrymple. Rumors the National Guard had been called in for support were not verified at press time.

Senator Heidi Heitkamp, D-N.D., stressed the importance of protecting the rights of all parties involved, and that she would continue to meet with anyone wanting to discuss the issues.

“As North Dakota continues to reduce its reliance on moving crude by rail, producers will keep looking to pipelines as an important part of our energy infrastructure – both for our state and the nation,” Heitkamp said.

“Just as with any infrastructure project, we need to make sure the Dakota Access Pipeline is thoroughly vetted, reviewed, and if approved has the proper safeguards in place. It’s critical that as federal agencies like the Army Corps of Engineers review energy infrastructure projects, they follow all applicable environmental requirements, and respect treaty rights and as well as the need for proper consultation with tribal nations.”

Activists and law enforcement - photos by Shane Balkowitsch

Cherry Creek singers with drum and law enforcement – Corey Carson of Elevate Studios, Bismarck

Dr. Sarah Jumping Eagle was among the first people arrested at the encampment. She was released on bail. Jumping Eagle is a mother of three, and a pediatrician at a hospital in Standing Rock.

Dr. Sarah Jumping Eagle

Dr. Sarah Jumping Eagle

“It’s very frustrating seeing the actions by the state, they’re the ones escalating this and spreading misinformation,” Jumping Eagle said. “They’re using falsehoods to find ways to escalate their own agenda.

“Historically, they would hype up in the newspaper, hype up the local people, hype up the police forces, so that basically the Army could come in. That’s the history of the United States. There is no incentive for them to take it down a notch, there’s a financial incentive to make it appear our camp is potentially violent or threatening.

“Yes, we are protesting and protecting the land,” Jumping Eagle said. “But people are doing that in the manner that is consistent with our beliefs.”

On Monday, the Standing Rock Sioux Tribe and the International Indian Treaty Council appealed to the United Nations for assistance, according to media outlet Indian Country.

“We specifically request that the United States Government impose an immediate moratorium on all pipeline construction until the Treaty Rights and Human Rights of the Standing Rock Tribe can be ensured and their free, prior and informed consent is obtained,” Archambault and the Treaty Council said in their petition to the United Nations.

 

The Seventh Generation

Landin joins the protest traveling from her home in Bismarck every other day. Families with infants, the young and the elderly, Native Americans, and people from all races and cultures have gathered in the Dakota prairie. Citizens are donating food, sleeping bags, outdoor chairs, drinking and washing water, Landin said, and she has not seen or heard of pipe bombs or weapons, in fact, protest organizers do not allow weapons, drugs, or alcohol on to the encampment grounds, she said.

“It is an amazing thing to see,” Landin said. “I literally tear-ed up, there are so many people there to support, and it doesn’t even matter your race.”

No firearms, no alcohol, no cameras allowed, photographer and ambrotypist Shane Balkowitsch said. He traveled from Bismarck to photograph the encampment using the wet plate photography technique, a painstaking process where exposures must be quickly developed in a dark room on scene. Balkowitsch was one of the first to photographers on the scene, he said, and he joined the protest to support the friends he met during his recent work on a photography project for for the Historical Society of North Dakota called “Northern Plains Native Americans: A Modern Wet Plate Perspective.”

“I saw no weapons, no pushing,” Balkowitsch said. “It was a civil and peaceful protest. They are very adamant, very dedicated to this obviously, but being dedicated to something is not a bad thing.

“I was treated with hugs.”

Longtime activist Winona Laduke may ride horseback at Stanley Rock, where the thousands camped at Camp of the Sacred Stone are attracting more support every day. Since nearby highways have been blocked, activists are leading supporters into the area on foot. “They’re trying to put the squeeze on this tribe by blocking the highway to their casino and to the protest. And it has backfired on themselves,” Laduke said.

The ‘squeeze’ is not working.

As the executive director of the Native American environmental group Honor the Earth, and twice Ralph Nader’s Green Party vice presidential candidate, Laduke traveled from her home at White Earth Reservation in Minnesota and stayed two days at the encampment. Friday night during a rainstorm, more than 800 people ate dinner at the tribe’s Prairie Knights Casino, Laduke said. “It’s having a booming business. And this talk about pipe bombs is just not true. They’re using [smoking] pipes. I even brought my pipe down there. There are no bombs, no weapons.”

Activists at the Dakota Access Pipeline - by Police guarding their line at the Dakota Access Pipeline Police - photo by Shane Balkowitsch

Speaker giving talk to activists, or protectors, at the Dakota Access Pipeline – wet plate by Shane Balkowitsch

Laduke spent her birthday at the encampment, among the rolling prairie hills where she could imagine the buffalo that once roamed freely. Nestled against the Missouri River – the mother river – Laduke said it was the best birthday present she could have hoped for.

Winona Laduke

Winona Laduke

“I picked sage, sat in my tipi, and joined in with about 40 people younger than me,” Laduke said. “That is a pretty good birthday present to myself.”

Landin noticed a difference in the protesters, a difference that invokes an ancient prophecy.

“It is the youth,” Landin said. “The youth are really standing up and speaking out. They are a different generation. They are the Seventh Generation.”

The Seventh Generation, descendants of those forced into reservations approximately 140 years ago, are supposed to set rights to wrongs, Landin said. The principle is more than legend or prophecy; it is recorded in the Iroquois Great Law of Peace.

Besides being involved in the protest, young activists, or protectors as activists call themselves, participated in a relay footrace from western North Dakota to Washington DC called “Run for Our Water” earlier in 2016, and then joined protests before the US Supreme Court and at the U.S. Army Corps of Engineers.

 

The Pipeline

Despite Standing Rock Sioux objections, the Bakken Pipeline, officially known as the Dakota Access Pipeline, began in May 2016, and if finished will snake through the states of North Dakota, South Dakota, Iowa, and Illinois, where it will join up with a second 774-mile pipeline to Nederland, Texas. More than 570,000 barrels of Bakken crude oil will pass through the pipeline per day after it is finished third quarter 2016, according to the U.S. Army Corps of Engineers.

Oil Pipeline - Grand Forks Herald

Oil Pipeline – Grand Forks Herald

The Dakota Access LLC pipeline, which is a joint venture between Enbridge Energy Partners LP and Marathon Petroleum Corporation, would also span 200 water crossings, according to the U.S. Fish and Wildlife Commission, and in North Dakota alone would pass through 33 historical and archeological sites. Initially, the pipeline was to run north of Bismarck, but because it proved to be a potential threat to Bismarck’s wellhead source water protection areas, the route was cancelled and relocated to its current course, less than a mile from the Standing Rock Sioux Tribe reservation, according to the U.S. Army Corps of Engineers.

According to a U.S. Army Corps of Engineers employee, who for the sake of his job wished to remain anonymous, a safe oil pipeline does not exist. Erosion by time, plate tectonics, natural disasters, shoddy workmanship or faulty parts, and cutting corners to fill big oil coffers are part of any pipeline recipe.

Since 2010, more than 3,300 incidents of crude oil and liquefied natural gas leaks or ruptures have occurred in pipelines within the United States, according to the Center for Effective Government. The incidents have killed 80 people, injured 389, and have created $2.8 billion in damages, not to mention the lingering effect on humans, and the release of toxic chemicals into soil, waterways, and air. Nearly one third of the spills since 2010 came from pipelines carrying crude oil, as the Dakota Access Pipeline plans to carry.

In 2010, the first year after the Keystone pipeline was completed, 35 leaks were discovered, according to Earthjustice, an environmental law organization.

Dave Archambault II

Dave Archambault II

In a statement from Archambault on August 16, the chairman of the Standing Rock Sioux Tribe said the issue is not only a Lakota or Dakota issue, but it is a human issue.

“I am here to advise anyone that will listen that the Dakota Access Pipeline project is harmful,” Archambault said. “It will not be just harmful to my people but its intent and construction will harm the water in the Missouri River, which is one of the cleanest and safest river tributaries left in the Unit States. To poison the water is to poison the substance of life. Everything that moves must have water.

“How can we talk about and knowingly poison water?”

 

Legal Warriors

On July 27, the Standing Rock Sioux Tribe represented by Earthjustice filed a lawsuit in the United States District Court for the District of Columbia against the U.S. Army Corps of Engineers claiming that the project violated the “National Historic Preservation Act” by endangering river waters and by authorizing the construction of the pipeline underneath Lake Oahe, a dammed section of the Missouri River, approximately half a mile upstream from the tribe’s reservation. In the lawsuit, the tribe sought an injunction against the U.S. Army Corps of Engineers in addition to a full inspection of compliance, and a declaration that the corps’ authorizations for the pipeline were in violation of the reservation’s rights according to the two Treaties of Fort Laramie in 1851 and 1868.

Activists at the Dakota Access Pipeline - Police guarding their line at the Dakota Access Pipeline Police - photo by Shane Balkowitsch

Gathering crowd at the Dakota Access Pipeline  – wet plate by Shane Balkowitsch

“The current proposed route across Lake Oahe a half of a mile upstream of the tribe’s reservation boundary, where any leak or spill from the pipeline would flow into the reservation,” the lawsuit said. “The tribe and its members have been deeply concerned about the potential impacts of the Lake Oahe crossing since its inception.”

The tribe, according to the lawsuit, relies on the lake for drinking water for thousands of people, and for irrigation, fishing, recreation, and for cultural and religious practices. “An oil spill from the pipeline into Lake Oahe would cause an economic, public health and welfare, and cultural crisis of the greatest magnitude,” according to lawsuit documents.

Fearing bodily injury to Dakota Access LLC employees and contractors, the oil company struck back, filing restraining orders on August 15 and seeking monetary damages against members of the Standing Rock Sioux tribe.

Meanwhile, other issues are piling up for Dakota Access LLC.

On July 20 Enbridge Energy Partners LLP was ordered by the Justice Department and the EPA to pay $177 million for its responsibility in the 2010 Michigan Tar Sands Spill. Enbridge spent six years and more than one billion dollars in cleanup efforts, but the area was not restored, according to media outlet Bold Nebraska.

After spending millions, and wasting years battling for approval of a Bakken crude oil pipeline across Minnesota, Enbridge Energy Partners LLP switched gears, joining with Marathon Petroleum Corporation to run a different pipeline, the Dakota Access Pipeline, through North Dakota, a state that is far less strict on environmental issues than Minnesota. The Minnesota Sandpiper pipeline has been put on the back burner until 2019, according to Enbridge, and analysts predict the project will never be resurrected.

In Iowa where work on the pipeline is underway, three fires erupted causing heavy damage to equipment and causing an estimated $1 million in damages. Investigators suspect arson, according to Jasper County Sheriff John Halferty.

In October 2015, three Iowa farmers sued Dakota Access LLC and the Iowa Utilities Board in an attempt to prevent the use of eminent domain on their properties to construct the pipeline.

Dakota Access LLC personnel did not return telephone calls by press time.

 

More Dirty Blankets

Tribal leaders claim the U.S. Army Corps of Engineers did not discuss the pipeline project adequately.

“The tribe has never been able to participate meaningfully in assessing the significance of sites that are potentially affected by the project,” the Standing Rock Sioux Tribe lawsuit stated.

The Standing Rock Tribal Historic Preservation Office received a generic letter from the U.S. Army Corps of Engineers seeking consultation on February 12, 2015 pertaining to bore hole testing, according to the lawsuit documents.

Tribal leaders objected, but received no response until September 16, 2015, when a second letter stated the consultation process ended on January 18, 2015, according to lawsuit documents. Again, tribal leaders objected, demanding joint consultation and a class III survey in conjunction with tribal archeologists.

Camp of the Sacred Stone at Cannon Ball, ND - Police guarding their line at the Dakota Access Pipeline Police - photo by Shane Balkowitsch

Camp of the Sacred Stone at Cannon Ball, ND – wet plate by Shane Balkowitsch

Instead of addressing concerns, the U.S. Army Corps of Engineers’ next step was to publish a draft environmental assessment that did not include a single mention of the potential impacts of the pipeline project to the tribe, according to lawsuit documents.

Not until February 2016 did the U.S. Army Corps of Engineers Colonel John Henderson begin discussions with Standing Rock Sioux tribal leaders. Several visits were made, at which point tribal archeologists showed military personnel shards of bone and pottery that had been pushed from the ground by burrowing moles.

On April 22, 2016, the U.S. Army Corps of Engineers’ response was to make the formal finding that “no historic properties were affected,” according to lawsuit documents.

The U.S. Army Corps of Engineers disagreed, stating that investigators followed procedure.

“The Corps conducted formal government-to-government consultation with tribal representative via meetings; site visits; distribution of pertinent information; conference calls, and emails in order to inform tribal governments and private members, and to better understand their concerns.

“All information received during the … process was considered during the Corps decision-making process. Ultimately, the District made a ‘No Historic Properties Affected’ determination.”

Historically, British and American governments have deceived Native Americans by many means, through trick, by trade, and according to some, with biological warfare.

In 1763, a British captain gave smallpox-infested blankets to Ottawa Native American warriors. The account is documented in the journal of William Trent, a local trader who had close dealings with British soldiers.

“Out of our regard for them, we gave them two blankets and a handkerchief out of the smallpox hospital. I hope it will have the desired effect,” Trent wrote in his journal on June 24, 1763.

Carl Waldman’s Atlas of North American Indian described the same instance, but in a different light. “… Captain Simeon Ecuyer had bought time by sending smallpox-infected blankets and handkerchiefs to the Indians surrounding the fort – which started an epidemic among them.”

Historians estimate three-quarters of the Native American population in the Ottawa area died from smallpox outbreaks after taking the blankets, according to media outlet Indian Country. Many agree that germs annihilated Native Americans, and not the “white man with guns.”

An unsubstantiated instance allegedly occurred in June 1837 when the U.S. Army began to dispense trade blankets to Mandan tribal people at Fort Clark along the Missouri River in North Dakota, according to the History News Network. The blankets were said to have come from a military smallpox infirmary in St. Louis, and brought upriver aboard the steamboat St. Peter’s. When the Native Americans showed symptoms of the disease, fort doctors allegedly told them to scatter and seek sanctuary with healthy relatives.

No matter how disease was introduced to the Mandan tribe in 1837, more than 100,000 Mandan Native Americans died from smallpox pandemic between 1836 and 1840, according to historians.

Closer to home, the events from Pine Ridge Reservation in South Dakota during 1890 and the 1970s have further exacerbated mistrust between the U.S. government and the Lakota people. In 1890, Sitting Bull, a holy man and leader of the Lakota, was killed during the Ghost Dance movement at Wounded Knee. Later that year the U.S. Army’s 7th Cavalry surrounded another band of Ghost Dancers slaughtering 150 Lakota tribesmen.

"The Grand River at Sitting Bull's Cabin" on Grand River, about 100 yards from where Sitting Bull was gunned down. The Grand River is a tributary of the Missouri River - photo by Shane Balkowitsch

“The Grand River at Sitting Bull’s Cabin” about 100 yards from where Sitting Bull was gunned down. The Grand River is a tributary of the Missouri River – wet plate by Shane Balkowitsch taken on July 9, 2016 accompanied by Ernie LaPoint great grandson of Sitting Bull

In 1970, the American Indian Movement known as AIM occupied the Wounded Knee holy site, sparking a 71-day siege by federal agents. Two Native Americans were killed, and one federal officer was paralyzed during altercations. In 1975, AIM activists killed two FBI agents during the “Pine Ridge Shootout.”

Additionally, in 1944, the Pick-Sloan Plan for flood control of the Missouri River gave the U.S. Army Corps of Engineers the authority to build 107 dams, effectively forcing the relocation of nearly 1,000 Native American families. Later in 1946, the U.S. Army Corps of Engineers began construction on the Fort Randall Dam in South Dakota, which in turn flooded 22,091 acres of Yankton Sioux land and forced 136 families to move elsewhere. According to online reports when the tribes affected informed the Department of Interior, government officials told them to start looking for new homes.

Again, in 1948, the U.S. Army Corps of Engineers began construction of the Oahe Dam, near to the demonstrations against the Dakota Access Pipeline today. The project destroyed 90 percent of the timberland on the Standing Rock Sioux and the Cheyenne River Sioux reservations, and is known by some as the most destructive public works project in US history.

In 1959, the U.S. Army Corps of Engineers began work on the Big Bend Dam in South Dakota, on lands belonging to the Crow Creek Sioux and the Lower Brule Sioux. The project took away 21,026 acres of Sioux land, and flooded the town of Lower Brule. In 1960, the U.S. Army Corps of Engineers filed a condemnation suit against the Crow Creek Sioux and the Lower Brule Sioux to obtain the land. The U.S. Army Corps of Engineers was allowed to take title of the land.

For more than 130 years in the Black Hills, South Dakota, gold miners, and in recent history the Homestake Mine, poisoned river waters with sulfur, mercury, aluminum, cadmium, copper, iron, selenium, lead, and arsenic through Native American, private, state, and federal lands, according to a 2005 report filed by the United States Department of Interior, Bureau of Land Management, United States Department of Interior, Fish and Wildlife Services, and the South Dakota Game, Fish and Parks. The aftereffects of a century of gold and lead mining are toxic to flora and fauna, according to the report. Starting in 2005, efforts were being made to restore the areas affected along the Whitewood Creek, the Belle Fourche, and the Cheyenne rivers, and the Homestake Mining Company of California, Inc. ceased mining and production in 2001.

Whitewood Creek flows into the Belle Fourche River, which flows into the Cheyenne River, which flows into the Missouri River at Oahe Reservoir, according to the report.

“Whitewood Creek is an example of gross environmental degradation tacitly condoned by public apathy…” the report stated. “Once pollutants were no longer discharged, the ecosystem repaired itself, a tribute to its resilience… this story has not reached its conclusion… and the potential for future problems with heavy toxicity are real.”

The poisoning, swallowing, and destruction of Native American lands not only forced tribesmen to move, it crippled their way of life, their hunting and fishing grounds, their chance to sow crops on once fertile soil, their spiritual practices pertaining to ancient burial grounds, and further impoverished those living on reservations, government reports and activists said.

With such a historical pattern of deception and at times brute force, it is little wonder why Native Americans distrust anything government officials say, activists said.

Dakota Access Pipeline activists - Police guarding their line at the Dakota Access Pipeline Police - photo by Shane Balkowitsch

Dakota Access Pipeline activists gathering – wet plate by Shane Balkowitsch

“Native people including the Lakota, have no experience with the United States keeping its word, or that of corporations keeping their words,” Laduke said. “It is time for people to start keeping their words. They have a treaty right to that water.

“Corporations have more rights than people and eco-systems,” Laduke said. “These corporations need to be challenged. I am not afraid of them, and we all should not be afraid of corporations. They need to be put in their place.”

Although Jumping Eagle has charges hovering over her head, she is not daunted.

Jumping Eagle, an Oglala Sioux who married into the Standing Rock tribe, lives and works there, and she did not plan on getting arrested. A court date has been set, but she is not daunted. Instead, she plans to create hand-washing stations at the encampment.

“This is not something I take lightly, I keep it in mind, but I want to be able to protect the land and water. This is a crucial time. For too long we’ve allowed corporations to be more important than people. The company and the police are protecting the interests of an oil company directly violating the rights of people. We’ve already suffered enough. The fact that they want to place the pipe just north of our community when we are already dealing with so many other issues that could threaten our drinking water, and put us into a situation like Flint, and people will have to buy water? Is not right.

Activists on horseback and along their line - photos by Shane Balkowitsch

Activists on horseback and along their line – Corey Carson of Elevate Studios, Bismarck

“They think they can do whatever they want,” Jumping Eagle said. Not only is she active against Dakota Access Pipeline, she has also worked on other environmental issues ranging from new North Dakota Health Council regulations permitting the increased storage of oilfield waste – radioactive materials and chemicals – to fighting local uranium mines. “They think we are expendable or without a voice, without a choice. Going across Standing Rock land is against the treaty. But people don’t want to think about it. People want to trust their officials. The arguments they make are just trying to reassure themselves.”

Despite the deck being heavily stacked against her and her family, her tribe, and anyone living near or depending on the Missouri River or its tributaries for sustenance, Jumping Eagle remains hopeful that one day, things will change.

“Our concerns are never going to change.”

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