White House seeks improved tribal
relations as pipeline fight lingers
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[September 22, 2016]
By Valerie Volcovici
WASHINGTON (Reuters) - The leaders of
hundreds of Native American tribes will meet with President Barack Obama
at his eighth and final Tribal Nations Conference at the White House
next week, while thousands of activists are encamped on the North Dakota
prairie protesting a $3.7 billion oil pipeline.
The conference, designed to improve the relationship between Washington
and the tribes, offers the last chance for this administration to hear
from tribal leaders about the shortcomings of the current consultation
system, which has been a source of conflict over the pipeline and other
Federal agencies take different approaches to consulting with the
Obama, who will leave office in January, likely wants to do what he can
before his term ends to fix the consultation system.
The North Dakota encampment represents the largest Native American
protest in decades.
Along with environmentalists, the tribes say the 1,100-mile (1,886-km)
Dakota Access pipeline, being developed by Energy Transfer Partners LP
<ETP.N>, would threaten the water supply and sacred sites of the
Standing Rock Sioux.
The administration stepped in unexpectedly on Sept. 9 to temporarily
block construction of the pipeline and called for "a serious discussion"
about how the tribes are consulted by the government in decisions on
major infrastructure projects.
"There are going to be hundreds of tribes interested in this
consultation process. It will not be easy logistically, politically or
substantively," said Gabe Galanda, an attorney in Seattle who represents
At present, the Army Corps of Engineers, which manages many
infrastructure projects for the government, takes one approach to
consulting Native American tribes. The Interior Department and its
Bureau of Indian Affairs take another. Laws overlap.
The result can be confusion and sometimes anger, as with Dakota Access,
said Bryan Newland, a lawyer and former adviser to the assistant
secretary for Indian Affairs at the Interior Department until 2012.
A goal of the upcoming discussions will likely be simply to clarify what
is meant by "consultation."
The Interior Department and Bureau of Indian Affairs tend to hold
face-to-face bilateral meetings with tribal leaders. The Corps often is
accused of "checking marks on a checklist and moving on with what the
developer intends to do," said Galanda.
Ron His Horse is Thunder, spokesman for the Standing Rock Sioux, said:
"There's an issue between what the Corps believes is consultation and
what the tribe believes is consultation.
Before the Dakota Access protest erupted, tribe members voiced specific
concerns with the government about the proximity of the pipeline to
sacred burial sites, but these concerns were ignored, according to His
Horse is Thunder.
But Amy Gaskill, public affairs chief for the Corps' northwest division,
said the tribe canceled several scheduled meetings. This was documented
in a judge's decision to reject the tribe's request for an injunction,
[to top of second column]
Protesters demonstrate against the Energy Transfer Partners' Dakota
Access oil pipeline near the Standing Rock Sioux reservation, in Los
Angeles, California, September 13, 2016. REUTERS/Lucy Nicholson
"We redoubled our efforts to work with the tribe to make sure their
voice was heard in the process," Gaskill said.
Energy Transfer Partners said last week it remained committed to the
pipeline project, which had been slated to begin carrying oil south
from the Bakken shale field by the end of 2016.
Sixteen years ago, President Bill Clinton issued an executive order
requiring agencies to consult with Native Americans on matters
affecting them. Obama in 2009 issued a memo intended to strengthen
consultations with the tribes.
But doing that requires constant attention, said David Hayes, a
former deputy secretary of the Interior under Clinton and Obama. "It
is the kind of thing that requires diligence in terms of federal
officials ensuring they are not simply treating tribes like any
other stakeholder," Hayes said.
Some agencies do not treat the tribes as sovereign nations, as they
should under law, said Wizipan Garriott Little Elk, a former
Department of Interior official.
So often you see the agency request the consultation with the
president of a tribal nation, but the agency will send a low-level
bureaucrat to the meeting and simply check off the consultation
box, Garriott said.
The Corps also weighs a narrower geographic scope for projects than
other agencies, so it can overlook impacts outside the immediate
range of a reservation, Newland said.
Talks between tribal leaders and the administration are likely to
expose a consultation system that makes tribes feel disadvantaged,
said Emily Mallen, a lawyer with Van Ness Feldman specializing in
"It is unknown how the federal government might seek to resolve this
issue. The only thing that is sure is that the tribal consultation
process will likely see significant changes as a result," she said.
(Additional reporting by Ruthy Munoz in Washington; Editing by Kevin
Drawbaugh and Matthew Lewis)
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