News From Indian County E Edition Page 3

AUGUST 2015 NEWS FROM INDIAN COUNTRY: PAGE 3 Four tribes swear TransCanada Corp. cant meet conditions for building Keystone XL Pipeline By Talli Nauman Native Sun News Health & Environment Editor PIERRE, South Dakota T ransCanada Corp. cannot meet the socio-economic conditions necessary for building the proposed Keystone XL tar-sands crude-oil pipeline through Lakota treaty territory, representatives and expert witnesses for four tribal governments testified during hearings July 27 through Aug. 4. The South Dakota Public Utility Commission scheduled the evidentiary hearings to air debate for its decision on the Canadian corporations request for renewal of a permit to build the line 314 miles through the counties of Harding, Butte, Perkins, Meade, Pennington, Haakon, Jones, Lyman and Tripp. The permit would help the Canadian company reach its longstanding goal of connecting the Alberta oil shale fields with the refineries and export facilities on the Texas Gulf Coast. Standing Rock Sioux Tribal Councilor Phyllis Young said water quality is the main socio-economic concern. Treaty rights establish Lakota dominion over the air, land, and water that TransCanada Corp. seeks for the pipeline, but the company has not consulted with the tribe on that matter. I take objection with TransCanada, which does not have the authority to do that in this country. Treaties have set aside the homelands for us. Please understand, we are protecting our people, Young said. The ranchers, farmers, and Indians in South Dakota have not been consulted. I have a long history of relations with the people who want their homes to be protected, I speak for them also, she said. In testimony filed prior to the hearing, the Standing Rock Sioux Tribal Historic Preservation Office elaborated on the argument: The Keystone XL Pipeline (and other pipelines) will cross aboriginal and treaty territory that was exclusively set aside by the U. S. government for the Sioux Nation (Ft. Laramie Treaties of 1851and 1868).The Sioux people were nomadic people and followed the buffalo. Our valuable cultural resources are located throughout the path of the Keystone XL Pipeline. Yet the proper procedures to make the requisite determinations have not been followed. The tribe said the permit renewal should be denied because Keystone XL Pipeline is unable to continue to comply demonstrated any respect for the Indian nations. That is why the PUC should deny certification of the permit for the Keystone XL Pipeline Project. T ransCanada Corp. attorney William Taylor said the company is not re- quired to consult with tribes. Gov- ernment-to-government discussions are between the U.S. and tribes, not TransCan- ada and tribes, he said. This discussion is irrelevant. Commissioners granted Taylor the opportunity to file a post-hearing brief arguing the basis for his objections. He asked Young, Are you familiar with TransCanadas Indigenous Peoples Policy. She replied: Im not sure. The policy states: TransCanada respects the diversity of aboriginal cultures, recognizes the importance of the land and cultivates relationships based on trust and respect; TransCanada works together with aboriginal communities to identify impacts of company activities on the communitys values and needs in order to find mutually acceptable solutions and benefits. Jennifer Baker, attorney for the Yankton Sioux Tribe, presented a portion of the policy statement and asked, Do you think TransCanada complies with its own policy on aboriginal relations? Young answered, No. Representing the Yankton Sioux Tribe was Faith Spotted Eagle, elected by the tribal General Council to the Ihanktonwan Treaty Committee, which she chairs. She said the objective of the Yankton tribes testimony was to provide information to the South Dakota Public Utilities Commission that the applicant does not continue to meet all conditions upon which the permit was issued including violations of treaties, socio-cultural threats, and threats to safe drinking water, in particular reference to the potential coming of man camps which presents a safety conference of an at risk population already threatened by violence. It is frightening to think that no fore planning has been done to even recognize what happens when man camps are plopped into rural communities where wide gaps exist in law enforcement further impinged upon by cross-jurisdictional problems between reservation and state areas, which are long standing issues, she said. Man camps are inhabited by young and single men who are suddenly away from their families, spouses, and have the inancial means to use and abuse illicit drugs. The result is easy to predict and does not require any scientific analysis - these young men, unfortunately, increase the crime rates including violent crimes, sexual crimes, and drug-related crimes. It By KIM CHANDLER MONTGOMERY, Ala. (AP) A n appeals court has ruled against Native American inmates in Alabama fighting for the right to wear long hair in accordance with their religious beliefs. The 11th U.S. Circuit Court of Appeals court during early August upheld an Alabama prison policy requiring male inmates to keep their hair cut short. The federal judges ruled that the Alabama Department of Corrections had security and hygiene reasons for the policy. Judges said the court could not force Alabama to accept inmates with long hair even though prisons across the country had done so safely. Inmates had told the court that their long hair has deep religious significance, and they wanted to keep their hair unshorn because of their beliefs. Their sacred and ancestral core religious traditions are at stake, said the inmates attorney, Mark Sabel of Montgomery. The prison department did not immediately respond to an emailed request for comment on the decision. The department had argued that long hair was a hygiene risk and could be used to conceal weapons and contraband. The long-running lawsuit was first iled in the 1990s and has been before the 11th Circuit three times. The U. S. Supreme Court in February kicked the case back for review after ruling the previous month that Arkansas had violated the religious rights of Muslim inmates by forbidding them to grow beards. Sabel said he thought the 11th Circuit decision was in conflict with the Arkansas case. Most states and the Federal Bureau of Prisons allow long hair or a religious exemption on grooming policies, said Joel West Williams, staff attorney with the Native American Rights Fund. The evidence is that 39 jurisdictions allow long hair and do so safely, Williams said. The appeals court said many well-run prisons see the benefit of allowing inmates to follow the grooming practices of their religion but that Alabama had to decide for itself if it was worth the risks. The department of corrections may, of course, decide in the future that these costs and risks might be worth absorbing, especially in view of the high value that long hair holds for many religious inmates, the judges wrote. Sabel said he is considering his next step, which could include asking for a hearing by all 11th Circuit judges or another appeal to the U.S. Supreme Court. Native Americans lose fight for long hair in prisons is common sense that these men will need recreational outlets and will seek these at nearby casinos, including ours, she said, citing the tribes Ft. Randall Casino and Hotel. She noted that the pipeline would trespass right through treaty territory fuaranteed by the Ft. Laramie Treaty as well as additional lands beyond that area that are unceded lands, and we still retain a multitude of rights on those lands based on the treaty that are protected by federal law and that are vital to our cultural, spiritual, and physical survival. Among the rights are: hunting, fishing, fathering medicinal plants, use of the water, burial responsibilities, and sacred site protection, she said. Yankton Sioux Tribal Police Chief Chris Sauncosi notified commissioners that he can show that TransCanada cannot continue to meet the conditions upon which its original permit was issued. In a written statement, Sauncosi said, I can provide testimony about the lack of interaction or communication between TransCanada and Tribal law enforcement and emergency response personnel. Cheyenne River Sioux Tribal Historical Preservation Officer Steve Vance, also formerly a law enforcement officer for the tribe, filed testimony stating that the pipeline construction phases will greatly hinder the tribes and tribal members access to numerous cultural and historic sites. After all, people cannot simply walk through active construction zones to get to these sites. If the pipeline is built, he said, There will undoubtedly be an ongoing need for general inspection and maintenance of the completed pipeline. This, in turn, would place pipeline workers within the vicinity of many sacred places. Traditional practitioners seeking solitude while performing traditional worship practices would almost certainly be interrupted by pipeline workers. As such, any disturbance by pipeline workers will necessarily have an immense negative impact on the ability of tribal members to perform traditional practices at these Graphic by Laris Karklis/The Washinton Post with Amended Condition number 43. That condition of the original 2009 state permit, a document which has expired due to inaction, requires TransCanada Corp. to notify landowners if a possible protectable resource is found in the course of pipeline- related activities. In testimony filed prior to the hearings, Young stated: TransCanada has never TransCanada Corp. attorney William Taylor said the company is not required to consult with tribes. "Government-to-govern- ment discussions are between the U.S. and tribes, not TransCan- ada and tribes," he said. "This discussion is irrelevant." See Four tribes swear, Page 10

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