Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24• PIPELINES • Tribes respond to pipelines from the Dakotas to Michigan As tribal delegations caravan to the Standing Rock Reservation in North Dakota offering their prayers and support, GLIFWC staff continue to track the progress of new and expanded pipeline projects in the Ojibwe Ceded Territories. Enbridge Energy announced that it is indefinitely postponing the construction of a new pipeline, the Sandpiper. Although it will not be pursuing the Sandpiper, it is proposing to re-route the aging Line 3 pipeline along the same corridor originally proposed for the Sand- piper. Enbridge Energy is also proposing to make improvements on the underwater portion of Line 5, which runs under the Straights of Mackinac. GLIFWC member tribes continue to express concern about the risk these pipelines pose to treaty- reserved resources. Tribal support for Standing Rock Since July 2016 all eleven GLIFWC member tribes have formally supported the Standing Rock Sioux Tribe in its opposition to the Dakota Access Pipeline. After issuing its resolution of support in August, the Lac Courte Oreilles (LCO) Band Tribal Governing Board spent ten days collecting food and supplies for a sprawling intertribal camp at Standing Rock. “We traveled to Standing Rock in a show of diplomacy, sovereignty and kindness. We wanted to carry out our resolution by doing our part to support the protectorsatthecampandtosupporttheeffortsofStandingRocktostoptheDakota Access Pipeline,” said LCO Tribal Governing Board Member Jason Schlender. When the LCO delegation arrived in camp around the end of August, they were struck by the amount of food and water that had already been donated, includ- ing around 20 tents filled with food. Since returning home, LCO has remained in touch with camp organizers about the camp’s ongoing needs, especially for the coming winter months. “We’re going to be putting together a winter donation drive for Standing Rock to collect jackets and other winter supplies,” Schlender said. For more information on this effort contact Jason Schlender at (715) 634-8934, extension 7387. Many additional tribal members have also visited the camp. Jill Hartlev, Bad River tribal member, reflected on a week at the camp: “My first impression was that it was much bigger than I thought it would be. Because we came in late Sep- tember, I figured that most of the people would have returned home to go back to work and school. It was an amazing, international gathering. I saw people I knew from all over the country.” Thecamp,locatedonbothsidesoftheCannonballRiver,ishometothousands of people at any given time. Everyone is fed three meals a day. The main camp contains a gathering circle for songs, cultural presentations and discussion. When Hartlev was there, she witnessed the presentation of seven international flags, including the flags of Kenya, Italy and of the Sami people. Each presenter shared stories of environmental degredation in their own territories. “The flags really impressed me,” said Hartlev. “They line the road going into the main sacred camp. It took me a day or two, but eventually I found Bad River’s flag in the same area as the other Wisconsin tribes.” Updates on Enbridge Pipelines Proposed Sandpiper Line In early September, Enbridge Energy announced its decision to indefinitely postpone the building of the Sandpiper Line. This announcement came after Enbridge Energy bought a stake in the Bakken Pipeline System, which includes the Dakota Access Pipeline. Proposed Line 3 replacement Line 3 has been in operation since the 1960s, transporting oil from Canada to Superior, Wisconsin. This pipeline is maintained under Enbridge Energy’s long termmaintenance plan. Recently, the amountof oil thatmoves through the pipeline has been decreased due to concerns that the pipeline can no longer safely withstand the pressure of the oil under maximum operating conditions. Because of the age of this pipeline, Enbridge proposed to abandon this pipeline and construct a “new Line 3” along the right-of-way originally conceived for the Sandpiper. The Minnesota Office of Administrative Hearings (OAH) issued an order on October 12, 2016, providing a timeline of activities related to the permitting of the Line 3 Replacement Project. Adraft Environmental Impact Statement (DEIS) is due byApril 2017; a final Environmental Impact Statement is due by August 2017; with a final decision by thePublicUtilitiesCommissiononthecertificateofneedandroutepermitexpected in April 2018. The process provides opportunities for public comment, however it remains unclear in the order how the OAH intends to accomplish government- to-government consultation with the tribes. The Mille Lacs Band and other tribes opposed the route proposed for the Sandpiper project due to the risks that a rupture of a pipeline would pose to tribal water and wild rice resources, along with the environmental degradation associ- ated with the development of a new corridor. The risk to treaty resources remains the same with the Line 3 Replacement re-route. Line 5 repairs Built in 1953, Line 5 runs along the bottom of the Straights of Mackinac, the geographical feature separating Lake Huron from Lake Michigan. As of last August, Enbridge Energy was out of compliance with agreements it made with the State of Michigan regarding the structural support for the pipeline. The Straights are incredibly important to the tribes who signed the Treaty of 1836 and reserved the right to fish these waters in their treaty. The tribes enjoy a healthy commercial fishery, harvesting whitefish, lake trout and other fish from these waters. The 1836 tribes, along with other tribes and non-tribal communities in Michi- gan, are concerned about the age and condition of Line 5 and have called for its decommission. Instead of decommissioning Line 5, Enbridge Energy is attempting to obtain permits required for the installation of additional, underwater support structures. GLIFWC and many of the American Indian tribes in Michigan requested denial of this permit in favor of decommissioning the pipeline. InAugust 2016 Enbridge entered into a consent decree with the U.S. Depart- ment of Justice and the Environmental ProtectionAgency to settle a lawsuit related to the 2010 Kalamazoo oil spill. Enbridge estimated that it has recovered 1.15 mil- lion barrels from the Kalamazoo River after Line 6 ruptured. The consent decree, however, goes beyond repairs to Line 6 and requires Enbridge to repair Line 5 and other pipelines that run through treaty Ceded Territories. The Chippewa Ottawa Resource Authority (CORA) objected to the consent decree as the federal agencies involved failed to consult with the tribes prior to entering into the settlement. CORA has also expressed concern that the minor repairs Enbridge agreed to perform, would not resolve the fundamental safety problems of the pipeline. A University of Michigan study predicts that an oil spill from Enbridge Line 5 could have devastating impacts on 1836 Treaty waters, home to a vibrant fishery. (University of Michigan Water Center graphic) By Phoebe Kebec, GLIFWC Policy Analyst The Red Lake Nation flag along with hundreds more are represented at a camp near the Standing Rock Reservation. (submitted photo) (see Pipelines, page 23) MAZINA’IGAN PAGE 20 WINTER 2016-17