Wednesday, December 7, 2016

TRUMP MAY SMACK DOWN OBAMA ON DAKOTA ACCESS PIPELINE


My God, It's Full of Stars DAPL gave EVERY tribe multiple opportunities to come to the table. Everyone EXCEPT Standing Rock came to the table. Here are some facts you won't hear on Communist Controlled News. And here's a well structured argument against the Tribe's claims: Joe Lander: Protesters claim the recording shows the tribe said they didn't want the pipeline period, and that should be all they have to do. But as ALWAYS the protesters and Standing Rock excuse-makers LEFT OUT some very IMPORTANT, key FACTS of the meeting. In this meeting the Standing Rock tribal Chairman, David Archambault II,  first said: "This is something that the tribe is not supporting. We’ll listen to your presentation and then ask our Tribal Historic Preservation Officer to help remind your company of the federal laws that include Section 106 of the National Historic Preservation Act."  Then we hear from Tribal elder Phyllis Young,  who first, demanded a Section 106 review and that they be included in the process: "It was very astute for you to go around the northern boundary of Standing Rock as we see it in modern times. But this is treaty territory. Those are ancestral lands. So you are bound by Section 106, by the laws of this country, to adhere to those laws that are federal laws for the protection of our people. “We are not stupid people, we are not ignorant people. Do not underestimate the people of Standing Rock. We know what’s going on, and we know what belongs to us" Young expanded on those comments saying the tribe would ask they be consulted on the route, “because we know where our significant sites are.” Young said “This is on treaty land. If we know your route, we can help you identify important sites.”" Which is exactly what the DAPL and Corps did. As was always required, the Corps subjected the DAPL to, and completed, a full Section 106 National Historic Preservation Act (NHPA) review - exactly as the tribe demanded. The Standing Rock tribe had EVERY opportunity to participate, just as did other entities, groups, individuals and many other tribes - ALL who managed to participate and offer input. Input that resulted in 17 initial route changes and 140 smaller changes within the route. The STanding Rock tribe however, failed, and in many cases, refused, to participate. Regardless, the Army Corps kept trying ... going well beyond what was required - making many attempts to meet with the tribe and gain their cooperation and participation. Despite these extraordinary efforts, the tribe failed to participate ... and in many cases refused to do so ...  during the years long permitting review process. Haphazardly on occasion the tribe, thru THPO Young, would respond, but rarely followed thru. in the end the tribe failed to - and/or chose to refuse to -  participate and offer input in the very Section 106 NHPA review they demanded. The Corps, having found Dakota Access had followed and met every law, regulation, requirement and rule, approved the permit in June 2016. The tribe then filed a lawsuit in federal Court that claimed they were not properly consulted, as required in the Section 106 NHPA review. Which is absolutely and unequivocally untrue. The federal Court Judge, despite his admission he was sympathetic to the tribe, agreed. Ruling in a 58 page Memorandum, the record and evidence showed ... not only were the tribes claims they were not consulted, unsupported by the record ... but the evidence showed these claims were outright untruthful.  The Judge found the evidence showed the Army Corps made numerous attempts, over and above the requirements of the law, to gain participation from the tribe, but the tribe failed and/or refused to participate. The Court ruled the US Army Corps DID complete a full and proper Section 106 NHPA review as required under the law, and that the Corp MET all of the requirements of the law regarding consultation with the tribe. A three Judge Federal Court of Appeals panel agreed. The tribe had EVERY right and OPPORTUNITY to participate and voice their concerns in BOTH the "public comments" part of the permitting process review, AND in the Section 106 NHPA review the TRIBE demanded in the Sept 2014 meeting.  Yet despite every opportunity to participate the tribe refused and or failed  to do so.  It is worth repeating ... IN THIS TAPE the Standing Rock Tribe DEMANDED the Army Corp do a full Section 106 NHPA review. Which is exactly what the DAPL and Army Corps did. After making that demand the tribe failed and/or refused to participate. THAT is the truth here. The Judges Memorandum and ruling that the Corp complied, and the tribe failed/refused to participate is here: http://ia801503.us.archive.org/1/items/gov.uscourts.dcd.180660/gov.uscourts.dcd.180660.39.0.pdfTREATY LAND .... Additionally, in the same 2014 meeting the Standing Rock tribal Chairman Archambault also also made the claim the pipeline crossed the 1851/1868 treaty lands: "... told the the pipeline was going to be routed 1,500 feet north of the Standing Rock Reservation boundary ... Standing Rock Tribal chairman Chairman Dave Archambault II replied “We recognize our treaty boundaries from 1851 and 1868, and because of that we oppose the pipeline." Archambault can SAY the pipeline is on treaty lands all he wants, but that will not make his claim true. The Laramie Treaty of 1868 established the tribal lands boundaries as shown in GRAY on the MAP IN THE REPLY POST BELOW.  The Congressional Act of 1877 extinguished all tribal ownership and rights to the 1851 treaty lands (shown in GOLD in the map below), and extended the 1868 treaty lands (gray) north to the Cannonball River (red line). Upon enactment of the 1877 Act by Congress, all the tribal rights to ANY land except the 1868 Treaty lands shown in gray (including the 1851 (gold) section northward to the red line) were ended. The tribes hand NO rights to the 1851 Treaty lands after enactment of the 1877 Act. There is NO question on the accuracy or truth of this claim: After decades of litigation the Supreme Court of the US ruled, in UNITED STATES v. SIOUX NATION OF INDIANS, (1980), that Congress had full legal authority for the 1877 Act and that the tribes rights to the 1851 lands were legally ended. The Court ruled the tribe must be paid fair value for the land, awarding $17.5 million plus interest at 5% annually from 1877 onward. The government paid that award into trust for the tribes, and the balance is now more than $1.2 billion. The tribes have NO rights to any lands the DAPL crosses. This Sept 2014 meeting, which so many want to claim has ANY relevance, actually only goes to show the DUPLICITY and untruthfulness of the tribes claims. It shows the tribe DEMANDED a full Section 106 NHPA review in that meeting. The Army Corp did EXACTLY what the tribe demanded - and the tribe failed and refused to participate and respond. This recording clearly CONFIRMS the BAD FAITH on falsehoods on the part of the tribe in; (a.) demanding a Section 106 NHPA review, then (b.) failing/refusing to participate in it ... and then (c.) making the untruthful claim to the Court they had not been properly consulted. Those outright untruthful claims to the Court are exactly why the Court ruled the Army Corp HAD properly completed the Section 106 NHPA review the Standing Rock tribe demanded, and HAD fully complied with the Section 106 NHPA requirements, and DISMISSED the tribes claims. This 2014 recording does nothing to support the tribe, or its supporters claims. In reality it is PROOF of their untruthfulness and duplicity ... in demanding review, failing/refusing to participate, then untruthfully claiming they were not consulted. Please feel free to post my response anytime you see this silly claim and recording posted.http://ia801503.us.archive.org/1/items/gov.uscourts.dcd.180660/gov.uscourts.dcd.180660.39.0.pdf