RESOLUTION NO. 10-109


RESOLUTION OF THE TRIBAL COUNCIL
OF THE OGLALA SIOUX TRIBE
(An Unincorporated Tribe)

       
RESOLUTION OF THE OGLALA SIOUX TRIBAL COUNCIL OPPOSING TRANSCANADA KEYSTONE PIPELINE.

WHEREAS, the Oglala Sioux Tribe organized in accordance with section 16 of the Indian Reorganization Act of 1934 on December 14, 1935 by adopting a federally approved Constitution and By-laws, and

WHEREAS, the Tribal Constitution authorizes the Tribal Council, in Article IV Section 1(a) to negotiate with the federal, state, and local governments on behalf of the Tribe, in Section 1(f) to manage all economic affairs and enterprises of the Tribe, and in Section 1(w) to protect and promote the health and welfare of the Tribe and its members, and

WHEREAS, the U.S. Department of State (DOS) receives and considers applications for permits for cross border oil pipelines pursuant to the authority delegated by the President of the United States under Executive Order (EO) 13337 (69 Federal Register 25299), and

WHEREAS, Department of State has determined that issuance of a Presidential Permit for the Keystone XL Project triggers review under Section 106 of the National Historic Preservation Act (NHPA) (16 U.S.C. 470f, as amended) and its implementing regulations, “Protection of Historic Properties,” (36 CFR Part 800), and

WHEREAS, the Project undertaking consists of construction of approximately 1,375 miles of new crude oil pipeline in the United States and utilizes 298 miles of previously approved Keystone Cushing extension, associated aboveground facilities (such as pump stations and transmission facilities and substations), and ancillary facilities (such as lateral pipeline, temporary workplace areas and pipeline  storage and contractor yards), and

WHEREAS, the Keystone XL Project Area of Potential Effects (APE) includes but is not limited to in South Dakota where a 300 foot wide corridor would run across the entire state, and

WHEREAS, the Keystone XL Project crude oil pipeline will go directly through the un-ceded lands of the Great Sioux Nation as represented in the Fort Laramie Treaties of 1851 and 1868, and

WHEREAS, any trespass onto the un-ceded Treaty Lands of the Great Sioux Nation without permission of recognized governments of the Sioux Nation or Oceti Sakowin will further damage and possibly vitiate any claims to those un-ceded lands and any other lands within the un-ceded Treaty Lands of the Great Sioux Nation, and

WHEREAS, when the Draft Programmatic Agreement was reviewed by the Oglala Sioux Tribe Fifth Member’s Office and legal counsel for the Tribe it was found to be severely inadequate regarding, but not limited to, tribal consultation and the oversight monitoring provisions specifically relating to the identification and evaluation of studies and treatment of archeological sites and properties, cultural artifacts and the identification and protection of indigenous vegetation (which could potentially include important sites which contain traditional medicines) and animal and insect life, and  

WHEREAS, the Fifth Member’s Office and legal counsel for the Tribe have additional concerns regarding the curation and ownership of cultural artifacts found within the project area,  and

WHEREAS, the Fifth Member’s Office and legal counsel for the Tribe have additional concerns regarding human remains in that early determination regarding the remains’ identification and disposition would be carried out without consultation from the tribes of the Great Sioux Nation, and

WHEREAS, the Fifth Member’s Office and legal counsel for the Tribe have raised additional concerns regarding dispute resolution in the implementation of the project, in that should a dispute arise it would be referred to the “appropriate federal agency”  and there is no provision related to any tribal court jurisdiction included in the Draft Programmatic Agreement, and

WHEREAS the Tribal Council has considered the matter and desires to express opposition on behalf of the Tribe with respect to the Keystone Pipeline project; now

THEREFORE BE IT RESOLVED, that the Oglala Sioux Tribal Council does hereby express its opposition to the TransCanada Keystone Pipeline on the grounds that the project involves accessing a 300 foot wide corridor through un-ceded Treaty lands of the Great Sioux Nation, and

BE IT FURTHER RESOLVED, that all other descendants of the signatories of the Treaties of Fort Laramie, Indian and non-Indian alike, are hereby called upon to resist and object to continuation of the project until such time as the concerns raised herein are adequately met and alleviated.
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