Breaking: Army Corps of Engineers Issues Eviction Notice to Standing Rock Using Law Designed to Protect Natives & Water

On November 25th, 2016 , Standing Rock Sioux Tribe Chairman Dave Archambault II recieves a letter from Army Corps District Commander Col. John W. Henderson

This letter was sent to inform the Water Protectors that they must vacate all land north of the Cannonball River. This includes the Oceti Sakowin camp as well as other treaty lands

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The Law Being Used to Evict the Camp

36 CFR § 327.12 Restrictions.

(a) The District Commander may establish and post a schedule of visiting hours and/or restrictions on the public use of a project or portion of a project. The District Commander may close or restrict the use of a project or portion of a project when necessitated by reason of public health, public safety, maintenance, resource protection or other reasons in the public interest. Entering or using a project in a manner which is contrary to the schedule

of visiting hours, closures or restrictions is prohibited.

(b) Quiet shall be maintained in all public use areas between the hours of 10 p.m. and 6 a.m., or those hours designated by the District Commander. Excessive noise during such times which unreasonably disturbs persons is

prohibited.

(c) Any act or conduct by any person which interferes with, impedes or disrupts the use of the project or impairs the safety of any person is prohibited. Individuals who are boisterous, rowdy, disorderly, or otherwise disturb the

peace on project lands or waters may be requested to leave the project.

(d) The operation or use of any sound producing or motorized equipment, including but not limited to generators, vessels or vehicles, in such a manner as to unreasonably annoy or endanger persons at any time or exceed state or

local laws governing noise levels from motorized equipment is prohibited.

(e) & (f) deal with consuming alcohol and tobacco products on the land.

The follow reply was issued by Dave Archambault II Standing Rock Sioux Tribe’s Chairman

Standing Rock's Response

Cannon Ball, N.D. — The following statement from the Standing Rock Sioux Tribe’s Chairman, Dave Archambault II, can be quoted in part or in full.

“Today we were notified by the U.S. Army Corps of Engineers that on Dec. 5th, they will close all lands north of the Cannonball River, which is where Oceti Sakowin camp is located. The letter states that the lands will be closed to public access for safety concerns, and that they will allow for a “free speech zone” south of the Cannonball River on Army Corps lands.

Our Tribe is deeply disappointed in this decision by the United States, but our resolve to protect our water is stronger than ever. We ask that all everyone who can appeal to President Obama and the Army Corps of Engineers to consider the future of our people and rescind all permits and deny the easement to cross the Missouri River just north of our Reservation and straight through our treaty lands. When Dakota Access Pipeline chose this route, they did not consider our strong opposition. Our concerns were clearly articulated directly to them in a meeting on Sept. 30, 2014. We have released that audio recording from our council meeting where DAPL and the ND Public Service Commission came to us with this route.

We ask that the United States stop the pipeline and move it outside our treaty lands.

It is both unfortunate and ironic 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. Although the news is saddening, it is not at all surprising given the last 500 years of the treatment of our people. We have suffered much, but we still have hope that the President will act on his commitment to close the chapter of broken promises to our people and especially our children.”

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The Oceti Sakowin camp , which rests on the northern banks of the Cannonball River, is a camp comprised of a collective of tribal nations and out-of-state supporters opposing the DAPL pipeline.

"Oceti Sakowin, the main camp for water protectors, is a beautiful self-organizing community," Filmmaker Josh Fox stated. "It stands as not only the main place for the protest movement to assemble and organize, but it also represents a major leap forward for our combined movements for the environment, indigenous sovereignty and real democracy in America. If the Army Corps tears down this protest camp hundreds more will spring up in its place. A crucial alliance between indigenous values, native sovereignty and environmental movements has been forged here. We expect that the standing rock movement will find new and creative ways to fight the Dakota Access Pipeline no matter what, and that the Standing Rock movement and its alliances will find many areas of common ground and protest. We will fight fracking. We will fight pipelines."

This letter comes just 12 days after the Army Corps announced that it would delay a decision on granting an easement to Energy Transfer Partners, after determining 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."

This was no deterrence to The Resistance Camp, as winter preparations were in still in full swing. Beneath a sky where the stars competed to shine against the persistent glow of high-beams used by police, workers at the camp moved fast to install a roof atop a modest structure.

web file 001 dapl oceti sakowin building jenni monet photog

It was the first time crews had toiled away into the evening hours building dwellings meant to sustain the onslaught of a North Dakota winter. That it was taking place only hours after an eviction notice had been issued by the U.S. Army Corps of Engineers seemed deliberate.

“If the Army Corps wants to come here and clear things out, so be it,” said Paul Sherlock, 55. The Cleveland, Ohio man arrived on election night. Since then, he said, he has donated nearly $30,000 in building materials to help winterize the camp. {a}

It is clear that The Resistance has no intentions of leaving this area. With that fact one can only expect a major battle to ensue within the coming weeks. This eviction notice also comes mere days after veterans across the US organize to self deploy to Standing Rock to protect The Resistance.

"We are veterans of the United States Armed Forces, including the U.S. Army, United States Marine Corps, U.S. Navy, U.S. Air Force and U.S. Coast Guard and we are calling for our fellow veterans to assemble as a peaceful, unarmed militia at the Standing Rock Indian Reservation on Dec 4-7 and defend the water protectors from assault and intimidation at the hands of the militarized police force and DAPL security." ~From their go fund me page .

This event is being organized by activist / journalist and veteran Wesley Clark Jr. son of General Wesley Clark. General Clark is a well known whistle blower on issues regarding the military industrial complex.

With everything that has gone down over the course of the month of November, you can rest assured that low temperatures will not stop this battle from heating up. Water protectors have an established policy of nonviolence, to which they strictly adhere and expect all supporters to follow, but to evict that many people who have dedicated their lives to stopping pipeline construction — and who have announced they would be willing to die in order to do so — will be quite the confrontation. On December 5, the whole world will be watching to see how the U.S. government handles itself in an action directly affecting Indigenous peoples whose only goal is to protect the water from contamination

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A Closer Look at the Law

A closer look at the law being used to evict the camp

Source links to all the info found on this law provided at the bottom of this article

Disclaimer: I am not an attorney, this is written in typical legal fashion, therefore my interpretation of this legal document maybe completely off. We do not have legally educated individuals on our staff to further analyze this document. We have reached out to friends within the legal field as well as our friends at The Fifth Column who have people more educated in legal matters looking into this for us.

First lets look at some of the specifics around the use of this law. My first issue with this is that it seems unclear as to if the Army Corps of Engineers even has the jurisdiction over this land required to utilize part 327.12. You can find part 327.12 cited at the top of this article. If you take a look at Part 327 as a whole you will see that like any law it outlines guides for its use.

PART 327—RULES AND REGULATIONS GOVERNING PUBLIC USE OF WATER RESOURCE DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF ENGINEERS

applic

Due to the nature of this project and I can see how it could be classified as such. However I would still like to see where this was some how declared an official "Water Development Resource Project" under control of the Army Corps of Engineers, and furthermore how this law pertains to the pipeline project. At the time of this articles writing it is unclear to me who technically owns this land where the Oceti Sakowin camp currently sits. However, On Sunday October 19th, water protectors took back unceded territory affirmed in the 1851 Treaty of Ft. Laramie as sovereign land under the control of the Oceti Sakowin, erecting a frontline camp of several structures and tipis on Dakota Access property. This new established camp is 2.5 miles north of the Cannon Ball River, directly on the proposed path of the Dakota Access Pipeline.

According to Honor the Earth:

To ensure the protection of this new camp from overtly militarized law enforcement, water protectors have established two road blockades. One north of the Frontline Camp, on Highway 1806, and another immediately west of Highway 1806, on county road 134.

Police have discharged weapons, using rubber bullets to shoot down drones being used to document the police activity and actions.

This frontline camp is located on the final three miles of the proposed pipeline route, before it connects with the drill pad that will take the pipeline beneath the Missouri River. Active construction of the Dakota Access pipeline is two miles west of this frontline camp. Oceti Sakowin water protectors continue an on-going pledge to halt active construction as frequently as possible.

"Today, the Oceti Sakowin has enacted eminent domain on DAPL lands, claiming 1851 treaty rights," Mekasi Camp-Horinek, an Oceti Sakowin camp coordinator, said.

"This is unceded land. Highway 1806 as of this point is blockaded. We will be occupying this land and staying here until this pipeline is permanently stopped. We need bodies and we need people who are trained in non-violent direct action. We are still staying non-violent and we are still staying peaceful."

"We have never ceded this land," Joye Braun of Indigenous Environmental Network said. "If DAPL can go through and claim eminent domain on landowners and Native peoples on their own land, then we as sovereign nations can then declare eminent domain on our own aboriginal homeland. We are here to protect the burial sites here. Highway 1806 has become the no surrender line."

A small section of this law really got my attention Part 327.1 Policy specifically section a

policy

Now maybe I am just reading this wrong but it seems to me that this stating that it is the job of the Army Corp to, well do what The Resistance they are attempting to crush is doing and, protect the resources, as in THE WATER. I honestly find it a bit sadistic that they chose to fight water protectors with a piece of law that was designed seemingly designed to protect not only water but areas like this from exactly what is happening

If we read further into the policy section we find more interesting legislation in part (f)

treaty

It seems that this law even state in itself that it must "not be inconsistent" with treaties with Indian Nations.

The law goes on to raise concerns about it also being cherry picked to target Water Protectors on the front lines.

Take a look at Part 327.13 (a) & (b)

firearm

If it indeed is the case that this law could be used to evict The Resistance from its front line camp, then why not have DAPL employees been charged with firearm possession under this very same law. Not to mention that use of ANY explosive device is strictly forbidden by this law. Law enforcement is not discluded from this ban on explosive devices the way they are for possession of firearms. This means that both the use of flash bangs and tear gas canisters would be a violation of this law. Unless that is of course law enforcement has received a written letter from the District Commander to allow for the use of explosives.

In which case,

WHAT
THE
FUCK

I guess really in the end none of the technicalities of this law really matter. The government is going to do what ever it needs to do to ensure this pipeline goes through. They will tell the public what ever they need to in order to make this happen. They will ignore any real concerns such as these no matter how much attention they receive. They will twist and bend what ever laws they can to make this look legal. They will trample any real sense of justice or rule of law. They will continue to ignore the crimes of employees of the pipeline while focusing on "crimes" of protesters such as throwing a rock at the police line after hours of intense assault in what was nothing short of a terrorist attack on the American people. The rule of law is totally out of the window on this one. A war is brewing over this and the Black Snake and its army will stop at nothing to get what they want.

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What Can You Do?

What can you do to help you ask?

First and foremost we have put out an emergency call to action

Please share this with everyone you can on every outlet.

The time to join this fight has never been more urgent. The law enforcement budget is nearly completely dry, chances of getting more money are looking pretty grim. They are going to try to crush this movement before that time comes. This is our moment, victory is with in reach. We must unite as one. Stand in defense of our brothers, our sisters, our elders, our children and OUR LAND. We are many they are few. This is our right. Together we will see this black snake bled dry.

Open safety meeting on Gas and Pipeline safety

Washington DC

Dates:

Wednesday, December 7, 2016, from 8:30 a.m. to 5 p.m. and on

Thursday, December 8, 2016, from 8:30 a.m. to 5 p.m., EST.

This meeting is open to the public. You must register before December 1st. This a chance for our voice to be heard in the matter nationwide. If you are near DC and knowledgeable of this matter please do what you can to attend. You can also submit your concerns via letter or online.

This meeting will be open to the public. Members of the public who wish to attend in person are asked to register at: https://primis.phmsa.dot.gov/​meetings/​MtgHome.mtg?​mtg=​121 no later than December 1, 2016, in order to facilitate entry and guarantee seating. Members of the public who attend in person will also be provided an opportunity to make a statement during the meeting.

Written comments: Persons who wish to submit written comments on the meeting may be submitted to the docket in the following ways:

E-Gov Web site: http://www.regulations.gov. This site allows the public to enter comments on any Federal Register notice issued by any agency.

Fax: 1-202-493-2251.

Mail: Docket Management Facility; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., West Building, Room W12-140, Washington, DC 20590-0001.

Hand Delivery: Room W12-140 on the ground level of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays.

Instructions: Identify the docket number PHMSA-2016-0136 at the beginning of your comments. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). Therefore, consider reviewing DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000, (65 FR 19477) or view the Privacy Notice at http://www.regulations.gov before submitting any such comments.

Docket: For access to the docket or to read background documents or comments, go to http://www.regulations.gov at any time or to Room W12-140 on the ground level of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9:00 a.m. and 5:00 p.m., Start Printed Page 83796Monday through Friday, except Federal holidays.

If you wish to receive confirmation of receipt of your written comments, please include a self-addressed, stamped postcard with the following statement: “Comments on PHMSA-2016-0136.” The Docket Clerk will date stamp the postcard prior to returning it to you via the U.S. mail.

The meetings will not be web cast; however, presentations will be available on the meeting Web site and posted on the E-Gov Web site: http://www.regulations.gov under docket number PHMSA-2016-0136 within 30 days following the meeting.

How to Donate to Standing Rock

How to donate to Standing Rock

Standing Rock

http://standingrock.org

https://www.facebook.com/Standing-Rock-Sioux-Tribe-402298239798452

https://www.facebook.com/Standing-Rock-Rising-1131347910264898/

Standing Rock Sioux Tribe

Attention: Donations

PO Box D

Building #1

North Standing Rock Avenue

Fort Yates, ND 58538

Sacred Stone

http://sacredstonecamp.org/supply-list/

https://www.facebook.com/CampOfTheSacredStone/

Legal Defense Fund: https://fundrazr.com/d19fAf

Sacred Stone Camp,

P.O. Box 1011,

Fort Yates, ND 58538.

Red Warrior Camp

https://nodaplsolidarity.org/

https://www.facebook.com/RedWarriorCamp/

https://www.gofundme.com/redwarriorcamp

Legal Defense Fund: generosity.com/fundraising/red-warrior-camp-legal-fund-nodapl

Red Warrior Camp

BIE 00N02 Agency Ave

Fort Yates, ND 58538

United States

Phone: (605) 220-2531