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NoDapl in Photos
Monday, November 07 2016
 
Written by Rob Wilson,
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Rob Wilson is covering the Water Protectors at Standing Rock 24/7. To help him continue covering the struggle, see: www.gofundme.com/RobWilsonPhoto .

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Standing Rock, DAPL, loopholes and the law
Monday, November 07 2016
 
Written by Winona LaDuke,
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The Standing Rock Tribe is poised to consider the Dakota Access Pipeline (DAPL) in a set of regulatory hearings, very similar to the hearings undertaken in 2015 by the White Earth and Mille Lacs bands of Ojibwe. In the case of the Mille Lacs and White Earth Band, Tribal Administrative hearings were held on the proposed Enbridge Sandpiper line, after essentially Minnesota’s Public Utilities Commission continued on with a process absent of any tribal regulation; and until ordered by the Minnesota Appeals court, had refused to do an environmental impact statement. The Standing Rock case is very similar; there has been no environmental impact statement or comprehensive review of the l600 mile Dakota Access Pipeline, despite a clear set of environmental impacts.

As the arrests increase (over 300 at last count), and what is a clear set of conflicting interests in North Dakota’s regulators, Senators and governor; it is clearly time for the Standing Rock Tribe to conduct environmental hearings. Those hearings will be held on Nov. 4 (Administrative Offices in Ft. Yates), November 9 and 21 (Prairie Knights Casino), and November 22 in South Dakota. The hearings will offer the public and expert witnesses the opportunity to testify as to the impact of federal decision making on the environment, and provide documentation which has not been used by the Army Corps of Engineers and other federal agencies to date, as the process has been circumvented.

Having spent four years in the Minnesota PUC hearings opposing the proposed Enbridge Sandpiper (640,000 barrel per day fracked oil) pipeline, I can say that I tried to work within the system.

Enbridge, the largest North American pipeline company, abandoned the pipeline, I assume, because a true environmental review would have made it unfeasible; or what’s called a no build option. Costs were high to do the right thing. When the system works it shows that, sometimes, despite how much money a corporation puts into the political system or how many politicians have hearty friendships with lobbyists, the project should not go ahead in the interests of the public. That’s how the law should work. But that process was clearly forced by the White Earth and Mille Lacs Band of Ojibwe, as well as citizens such as Friends of the Headwaters, who filed a lawsuit forcing the state to do an environmental impact statement (EIS).  

Not so out here in the heart of the Missouri River Basin – Lakota, Arikara, Mandan, and Hidatsa territory – today known as North and South Dakota. The Dakota Access Pipeline is an example of how the system doesm’t work. It is also a case study in Regulatory Capture, a cool name for when corporations write your public policy, or hijack it.  

In mid October, Honor the Earth, with the Sierra Club and the Indigenous Environmental Network (IEN), sent a letter to the US Army Corps of Engineers asking for a full environmental impact statement on the proposed DAPL. The 570,000 barrels per day of fracked oil pipeline which crosses wet lands, rivers, and plows through Native sacred sites and cemeteries, will put at risk the water of the poorest people in North Dakota, while sparing Bismarck. The organizations say DAPL cheated, and that under federal regulations, an EIS can be requested of the Army Corps of Engineers if there is new information, or information not reviewed previously by the Corps.

In the October 10 letter, the organizations noted, “The National Environmental Policy Act (NEPA) dictates that ‘agencies…shall prepare supplements to either draft or final environmental impact statements if… there are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts.’” The organizations are asking for a full environmental impact statement, based on the new findings.    

It seems there’s a quick way to get a pipeline in these days, that’s when you use loopholes to get your way. Under the law (404 permit), the Army Corps of Engineers must provide “notice and an opportunity for public hearings” and evaluate the project’s impacts pursuant to the NEPA. (That’s the one that keeps, for instance, your drinking water clean and the poisons  out of  air of residential communities).

That didn’t happen. Instead the Army Corps used a regulation called the Nationwide Permit  process. The Clean Water Act’s general permit program was intended for projects with minimal environmental impacts or results in under a half acre loss of waters. This is for essentially boat ramps, mooring buoys, and recreational facilities. The letter notes, “The Corps avoided this transparent review process for DAPL by approving each of the thousands of water crossings along the pipeline route under the fast-track Nationwide Permit 12 process… the Corps has begun segmenting massive interstate pipelines like DAPL by artificially treating the thousands of water crossings as separate projects that each qualify separately under NWP 12. In this way, the Corps has approved the 1,168-mile DAPL crude oil pipeline under NWP 12 without any project specific 404 review process. The Sierra Club, with Honor the Earth and the IEN, suggest that this process was circumvented in the DAPL proceeding, and does not meet the requirements of the intent of the law.”

Then there’s the desecration. There are laws to protect historic and sacred sites. “…On Friday, September 2, the day before Labor Day weekend,  Standing Rock submitted to the court detailed findings of rare cultural sites, which include 27 graves, stone prayer rings, and other sacred artifacts directly in the path of the proposed pipeline. There are at least 380 archeological sites that face desecration along the entire pipeline route. NEPA actually prohibits the Corps from issuing the final permit/easement for… Lake Oahe if it determines that the company engaged in anticipatory demolition; that is, if DAPL intentionally destroyed or adversely affected potential historic sites along the pipeline’s path….. Early the next morning, DAPL responded by bringing in construction crews and bulldozing the specific areas described by Standing Rock in their filing. When protectors of the site entered the construction area, private security guards attacked them with dogs and pepper spray.”

“This demolition is devastating,” Standing Rock Sioux Tribal Chairman David Archambault II said. “These grounds are the resting places of our ancestors. The ancient cairns and stone prayer rings there cannot be replaced. In one day, our sacred land has been turned into hollow ground.”

Then there’s what’s fair. On August 18, the Bismarck Tribune reported that DAPL had routed the pipeline through Standing Rock’s ancestral lands and under its drinking water supply to avoid jeopardizing the drinking water supply of Bismarck, ND. The paper reported, “early in the planning process, Dakota Access  considered (crossing)… Missouri River about 10 miles north of Bismarck…; but rejected that option…due to the costs associated with the proximity to wellhead source water protection areas (of) municipal water supply wells.” Instead the pipeline went upstream from the main drinking water intake for the Lakota.

Additional concerns are the 250,000 metric tons daily of carbon this project would add and the clear lack of regulation by the state of North Dakota, which has resulted in, according to the National Sciences Foundation, “widespread groundwater contamination” from fracking.

Example, since January of 2016 over l,000,000 gallons of crude oil waste oil, bio solids, natural gas and brine have spilled into the waters of the region, along with about 50,000 gallons of slaked lime solids which slid into the Missouri River. North Dakota’s Industrial commission has been levying some fines, but not collecting them. In 2015 and 2016, the Commission proposed a total of  $4.5 million in penalties, and collected only $126,000 or so.

For more info on the hearings, contact Allyson Two Bears at the Standing Rock Environmental Office at: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Red Lake Nation holds first indigenous food summit
Tuesday, October 11 2016
 
Written by John Enger/MPRNews,
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redlakefood1.jpgHundreds of tribe members and others from around the region spent the weekend on the Red Lake Nation reservation in northern Minnesota learning how to grow and gather indigenous food.

The three-day event was the Red Lake Nation’s first Intertribal Food Summit which tribal leaders hope will spur the momentum of a movement among their people – a growing interest in returning to the food their ancestors grew, hunted and gathered.

As part of the event, Native chefs led cooking demonstrations, and there were classes on seed storage and grazing techniques. Foraging expert Kevin Finney took a group through the forest, looking for wild food.

The group of foragers headed for a piece of oak forest on the shores of Red Lake. On a cool day near the end of the growing season, Finney said he was not sure what they’d get.

“You might have wild onions that come out in the early spring and blueberries that come out mid-summer,” Finney said.

But the first crop they encountered wasn’t so hospitable. To reach the woods, the group had to hike across a vast field of poison ivy.

A few people turned back, but the majority, a few dozen students, pressed on. Finney was not concerned. He has a big beard and wore tall leather boots and a hat made out of bark. He said he’s immune to poison ivy.
Myles Lewis, a nutrition major at Bismarck’s United Tribes Technical College walked directly through the poison ivy in sneakers and gym shorts.

“I'll just go to the store, get some calamine lotion and Benadryl. I’ll be fine,” he said.

Five minutes later he broke off a stick from a tree and used it to scratch at the developing rash on his ankles.
The food summit also included a big meal catered by the Minneapolis-based chef Sean Sherman. Sherman is Oglala Lakota and is known as the Sioux Chef for his efforts to rebuild indigenous cuisines.
Brian Yazzie, who works for Sherman, calls himself the Sioux Chef’s sous chef.

redlakefood2.jpg“We have sumac right now. Staghorn sumac is in season right now. Wild rice. Walleye of course. That’s what I’ll be making for dinner,” he said. “That’s indigenous cuisine, everything we have right from our backyards.”

Sherman sent him to Red Lake a few days ahead of the summit to gather ingredients. The walleye and wild rice are from Red Lake. Yazzie planned to forage the seasonings, but his initial attempt did not yield much.

Foraging is hard work, Finney said. It would take a small group of people four hours a day, all year round to gather enough wild food to live.

“I would encourage you to look at it from a totally different perspective. How much of your time is it worth to go see your grandmother? Think about it in that sense. This is a relationship you have with the land.”

Red Lake economic development director Sam Strong said that’s not sustainable for most people on Red Lake. But eating processed foods isn’t sustainable either.

“Over the lifetime of humans we’ve been used to a more local organic type of food, and when we deviate off that path, you see a lot of the health problems that our people are encountering today – the diabetes, the higher rates of cancer,” he said.

Strong’s father and grandmother both struggled with diabetes. Strong battled cancer. He blames the illness on unhealthy processed food handed out by the government, and more recently, sold at the local grocery store.

Strong said it doesn’t have to be that way. Every year, the Red Lake tribal fishery pulls a million pounds of walleye from the lake. Tribal leaders recently started a large community garden and a seed library. They’re raising funds for a deep winter greenhouse to grow vegetables all year long.

Strong hopes to bring bison to the area and breed great herds of them.

“That’s the way you become food independent, and that’s true sovereignty. Food sovereignty, if you will,” he said.
Most food eaten on the reservation still comes from the Bemidji Walmart, but one day, Strong hopes Red Lake will feed its own people, without having to forage through fields of poison ivy.

 
Minnesota Public Radio News can be heard on MPR’s statewide radio network or online. 

Nearly wiped out by pollution, wild rice is coming back to northern MN
Tuesday, October 11 2016
 
Written by Dan Kraker/MPRNews,
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wildricecomeback2.jpgFor the Fond du Lac Band of Lake Superior Chippewa, the St. Louis River estuary has been described as being as close to heaven as they get. It’s where the river slows and widens before emptying into the Lake Superior in Duluth.

“This was sort of a perfect place, a Mecca of sorts is what my uncle called it,” said Thomas Howes, the band’s natural resources director.
“Everything that one needed for a good life was provided by the environment here.”

That included wild rice, or manoomin in Ojibwe, a food that still plays a critical role in the cultural life of the tribe’s people.

Decades of human activity almost eliminated wild rice from the region. But now, several agencies are partnering on a landmark effort to restore wild rice to about 250 acres of the St. Louis River estuary over the next five to 10 years.

“From the time a baby is born, to when we send people off to make their journey into the afterlife, there are ceremonies, and manoomin is a central component of those,” Howes said. “A lot of people say, that if we don’t have that, then we cease to exist somewhat culturally as a people.”

Historically, the St. Louis River estuary may have sustained 2,000 to 3,000 acres of rice, one of the richest concentrations of rice in the region.

But over the past 125 years, industrial development, pollution and logging nearly wiped wild rice out, leaving behind only a few isolated pockets.

In the late 1800s logs were transported downriver so thickly lumberjacks could walk across them. Things got better for wild rice over time, though.

In 1978, a wastewater treatment plant went on-line, greatly improving water quality in the river. Over the years, contaminated sediment has slowly been removed from the river bottom.

“We’ve had such great improvements in water quality over the last couple of decades, that the time is right now to begin wild rice restoration because the water quality is high enough that we can bring the wild rice back,” said Daryl Peterson with the Minnesota Land Trust.

Peterson’s group, together with the Fond du Lac Band, Minnesota and Wisconsin DNR and other tribal agencies, is working on the current wild rice crop restoration project.

In September, Charlie Nahgahnub, a technician with the Fond du Lac Band’s Natural Resources department, fired up an air boat powered by a giant airplane prop. It was loaded down with 500 pounds of wild rice seed harvested from the White Earth and Leech Lake reservations.

Nahgahnub piloted the boat into a shallow backwater called Duck Hunter Bay. As he steered back and forth, two volunteers scattered seed on to the water’s surface.

“It’s tedious, but it’s fun,” said Danielle Yaste, with the Minnesota Conservation Corps, throwing the seed as if skipping stones. “So with your wrist, flick it so it goes out as far as you can, but also spreads out evenly. So it’s not in clumps, and it’s not too heavy.”

That way it distributes evenly, she said, and settles to the bottom, where next year it will hopefully take root in the sediment.

The Fond du Lac Band plans to seed around 12,000 pounds of wild rice into the river this fall. That’s on top of 8,000 pounds it planted last year.

The band has been restoring wild rice waters on the reservation for 20 years.

First, they cut and harvest invasive weeds that have taken over – kind of like mowing the lawn before reseeding. Then they spread the seed in the voids they create, handful by handful. They’re already seeing results.

Darren Vogt, Environmental Director for the 1854 Treaty Authority, another partner in the effort, just finished monitoring last year’s plantings. Wild rice grew this summer in all five bays they had planted last year, he said.

“There was at least some success everywhere. So that was an encouraging sign,” he said. “These kind of restoration projects are usually a multi-year effort, we don’t expect to seed once and be done with it, the goal is a self-sustaining population of rice. So it may take several years of seeding before things take well.”

While out on the St. Louis River, Nahgahnub pointed out where geese ate the rice just as it grew above the water’s surface. That’s a big concern for the rice moving forward, along with carp, which also like to feast on young wild rice plants.

Still, Nahgahnub hopes to someday harvest rice from the St. Louis River.

“There’s a whole generation that doesn’t know how to do this,” he said. “It gives me hope, they want to revive it, restore it, to what it was.”

Minnesota Public Radio News can be heard on MPR’s statewide radio network or online.

Standing Rock Sioux Tribe continues to oppose DAPL
Friday, September 09 2016
 
Written by The Circle,
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The Standing Rock Sioux Tribe of South/North Dakota have been protesting the construction of the Dakota Access Pipeline since April of this year. The 1,170-mile oil pipeline would run just north of their reservation and under the Missouri River, which the Tribe says would endanger the main water supply to the area. The protest has been building in numbers over the months and in August it was estimated at over 3000 protestors taking a stand outside of Cannon Ball, N.D.

The protest has gathered national and international support, with tribes from across the US sending representatives and support. Groups from all over the world are posting signs of support on social media. And in August Amnesty International sent observers to the encampment. (Photos courtesy Camp of the Sacred Stones: www.facebook.com/CampoftheSacredStone )

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