General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsUpdate: Standing Rock Sioux Tribe did not receive temporary restraining order to protect Burial Site
Glassunion
(10,201 posts)A minority is in the way of a corporate interest. How'd you think it would turn out?
sinkingfeeling
(51,514 posts)womanofthehills
(8,827 posts)Friday is the day the federal judge makes his decision.
Donkees
(31,581 posts)highway, but not west of the highway where the burial grounds are, based on not having jurisdiction for that area.
womanofthehills
(8,827 posts)Friday, Sept 9, is when the federal judge makes a decision if the pipeline violates the National Historic Prevention Act.
Donkees
(31,581 posts)of the area requested in the temporary restraining order. Dakota Access said in its reply to the requested restraining order that the bulldozers were operating under the companys construction schedule and did not destroy any important historical sites.
The tribes wanted Dakota Access restrained from working on areas of significant cultural and historic value, pending Boasbergs decision on an injunction they requested last month."
This is all the information I keep coming across. I hope they did have a change of heart.
http://www.huffingtonpost.com/entry/north-dakota-pipeline-tribe_us_57cf3702e4b03d2d4597288f?section
Hortensis
(58,785 posts)womanofthehills
(8,827 posts)Then goes on to say - in parts of North Dakota
On Friday, legality of pipeline will be decided.
Lee-Lee
(6,324 posts)This case is so muddled with misinformation out there I can't seem to find reliable sources.
womanofthehills
(8,827 posts)On July 26, 2016 the Standing Rock Sioux Tribe was stunned to learn that the U.S. Army Corps of Engineers had given its approval for the pipeline to run within a half-mile of the reservation without proper consultation or consent. Also, the new 1,172 mile Dakota Access Pipeline will cross Lake Oahe (formed by Oahe Dam on the Missouri) and the Missouri River as well, and disturb burial grounds and sacred sites on the tribes ancestral Treaty lands, according to SRST officials.
Read more at http://indiancountrytodaymedianetwork.com/2016/08/15/dakota-access-pipeline-standoff-mni-wiconi-water-life-165470
Lee-Lee
(6,324 posts)That's why I am trying to figure this all out with real information.
I see the article says it goes within 1/2 mile of the tribal boundary, so that tells me it is not on actual tribal ground where the tribe has control and legal authority.
So for many factors, such as trespass as trespass laws and much more, the issue of who actually owns that land does matter. Is it privately held? Is it government land and, if so, what agency holds it? Those answers make a difference on what the proper procedures should have been for planning the construction as far as permits, public input, etc.
I absolutely don't want any tribal burial grounds destroyed. If the company is bulldozing known and mapped archeological sites of native heritage that should be an immediate halt. But how much review they were required to do to check for those will depend a lot on the answer to who owns that land.
I know here in NC when sites of significance are found outside the Cherokee boundaries or anywhere in Lunbee territory the tribal leadership will usually either make an offer to buy the land outright or work with the landowner to see any remains are repaectfullt removed and relocated if it is private property, but if it is government land they will demand the land be protected as-is as the law requires. Two different responses based on who owns it.
Donkees
(31,581 posts)turbinetree shared this link with me, and mentioned page 5:
http://saige.org/words/wp-content/uploads/2013/06/NATIVE-AMERICAN-GRAVES-PROTECTION-AND-REPATRIATION-ACT-saige-2013.pdf
Lee-Lee
(6,324 posts)As your posted link shows, it its property under control of a Federal agency then there are a lot of steps that must be taken and this looks like a clear violation.
If it's under easement from the Feds it probably is too.
If it is state land that is another set of rules and your link doesn't apply.
If it is private property than you link doesn't apply.
That's why this matters.
True Dough
(17,431 posts)Although I'm sure it's been uploaded here somewhere. Disgusting display of violence by the security contractors. Where are the real authorities (not that some of them act much better)? Hate seeing the dogs used as pawns too.
Donkees
(31,581 posts)photos are. There's a new video there today. Agree with you about the dogs : (
TheBlackAdder
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