TURTLE MOUNTAIN BAND OF CHIPPEWA TRIBAL COUNCIL CONSIDERS PROPOSAL TO DRILL NINE OIL WELLS AND HEARS INPUT FROM THE TURTLE MOUNTAIN WATER COMMISSION

Newly elected Turtle Mountain Band of Chippewa Tribal Council: Left to Right; Roman Marcellais, Stuart LaFountain, Don Keplin, Chairman Wayne Keplin, Alice Lunday, Chad Counts, Jamie Azure, Tyrell Decoteau and Lynn Gourneau. Photo Credit: Deborah LaVallie

12-18-16

By Deborah LaVallie 

The newly elected Turtle Mountain Band of Chippewa Tribal Council heard a proposal Monday (12-12-16) by AIC Solutions Group Inc., (AICSGI) a Native owned business operating out of Nevada.  The company owned by John Melk, an enrolled Turtle Mountain band tribal member and his wife, Renee Liu-Melk, also known as Snow proposed a partnership between the Tribe and their company to drill 9 oil wells in the Trenton (ND) area where the Tribe owns land and has authority over.  This was the third meeting between the tribal council and the couple.  Investor and Director of AIC Solutions Group, Inc., Daofu Zhang and owner of Anhui Guangda Mining Investments Co. Ltd., allegedly, the largest oil company in China, well-known for it's work in the oil and gas industry, has already established, along with Mr. Melk, Sundancer Oil Services Inc., an oil and gas company who is ready to invest $980 million here in the U.S. for oil and gas surface minerals.  

The Joint Venture Partnership with the Tribe would give AICSGI a 10 year Oil, Gas and Surface Minerals lease immediately with 20% flat rate royalties going to the Tribe and the company receiving 80% and would include an estimated 78,000 acres for lease within the Tribe's contiguous and non contiguous boundaries which include tribal lands by or near Trenton, ND.  The group is prepared to take over the management and 'financially rework' the Turtle Mountain Bands' existing and producing oil wells (if any) to maximize the profit and productivity of the 20%-80% joint venture.  The group is requesting all historic tribally owned oil and gas records data.  Also requested is a tribally-owned facility for production operations and a minimum of 40 acres for a production yard and a man camp, fully financed by AICSGI.  A $25 million strip mall would be included in the deal.  

Council Representative Stuart LaFountain questioned the ratio of the 20%/80% split in the partnership saying he had a problem with that.  "You are asking the Turtle Mountain Tribe to sign over our minerals to you.  The tribe should be getting a larger percentage of the royalties."  Snow maintained that it's cheap right now to drill.  She has a ready-made team that is totally professional and reminded the Council that she is an adopted member of the Turtle Mountain Tribe.  Chairman Wayne Keplin asked her, "What's in it for the Tribe?" She replied that she has $89 million right now that she needs to spend by February.  AICSGI will pay for everything.   She said their company is not asking for a single penny and the deal would also include a sign on bonus.  "All you need to do is sign on the dotted line," she stated.

Council Representative Tyrell Decoteau stated that this would have to go through our people over in Trenton (TISA) and that "it's not just the mineral rights that need to be considered.  This is going to take time.  What about the community?  The Trenton community would be impacted by crime, drugs, prostitution and the costs of law enforcement, hospital, fire, EMS, education, sewer sytem and all that comes with having a man camp in the area."  John Melk stated that they are only asking for the oil and gas leases for a period of time.  Snow added, "We have learned a lot from New Town.  This is not a new business anymore" adding, "We do oil in the ocean and on the land.  We have 6 rigs in the Atlantic in Russia."   She discussed a motel/restaurant and said they could possibly go 50-50 with the Tribe on that.  Mr. Melk stated that they are willing to negotiate on the percentage of the flat rate royalty fees and they need to decide what they want. 

Spokesperson for The Turtle Mountain Water Commission Christa Monette addresses the tribal council. Photo Credit:  Deborah LaVallie

"Water is Life"

  Turtle Mountain Water Commissioner Christa Monette 

Spokesperson of The Turtle Mountain Tribal Water Commission Christa Monette addressed the tribal council and thanked them for inviting the water commission to speak on water issues and fracking.  She told them how she came to be involved with the fracking issue after Dimmock, Pennsylvania was being contaminated by the oil and gas industry.  As she passed out a copy of her oil and gas lease in Montana she told the council that "Water is Life", and that according to the tribal water code we all must work together to protect our water from contamination, preserving our water for the future generations.  

Carol Davis then presented a power point presentation developed by the tribal water commission on fracking.  She spoke on how the traditional Ojibwe water teachings have been handed down throughout the generations.  "Our traditional teachings tell us that all of Creation was given life.  When the Creator breathed life into the water, he/she gave it a Spirit."  "It is the job given to the women of the tribe to take care of the water...to feed the water spirits through prayer and ceremony, just as it is the duty of the men of the tribe to take care of the fire and to keep the fire going."

Carol Davis presenting a power point presentation on fracking to the tribal council. Photo Credit: Deborah LaVallie

"There's no way this council will ever consider 'fracking' in the Turtle Mountains!"

Turtle Mountain Tribal Chairman Wayne Keplin

Carol Davis presenting a power point presentation on fracking to the tribal council.  Photo Credit:  Deborah LaVallie

"Our Nibi (water) is held in common by all of the people, and it states that in The Tribal Water Act, passed in July of 2015."  Davis added, "The Water Act was specifically written by a committee appointed by the tribal council, who over a period of 3 years went through the tribal water code, rewriting it, keeping in mind that the protection of our water and The Little Shell aquifer should be a top priority for the tribe." She stated, "The Water Act is an ordinance.  Any amendments made to the Act would have to go out for a 30 day comment period to the people. The foundation of The Water Act was based upon treaties, our 'inherent sovereignty' and right to clean water, and the Winter's Doctrine which gives the Tribe sovereign authority over the Little Shell aquifer even though most of it lies off the reservation."  "Our women have carried the sacred water bundle for our Tribe since we migrated from the east coast hundreds of years ago", she explained.  "Our stories and our ceremonies continue to guide our people.  While it seems to some that we are being foolish, to others we have purpose."

The Turtle Mountain Band of Chippewa became the first tribe in the nation to ban fracking from it's homelands in November of 2011.  Hydraulic fracturing or 'fracking' is the process used by the oil and gas companies to remove oil from rock and shale that is buried deep in Mother Earth.  Addressing the Melk proposal Davis stated that 'horizontal drilling' IS fracking.  "A chemical cocktail is used in the fracking process.  4 million gallons of water are used in one well, in addition to 80,000 gallons of chemicals per well.  These chemicals are undisclosed because of the 2005 Haliburton Loophole that exempted fracking from any regulation under The Safe Drinking Water Act", she stated.  "There are 18,000 people living in the Turtle Mountains.  Where will they all go if our water is contaminated or our aquifer runs dry?" she asked. 

Water Commissioner Monette asked the council, "WHY would the Council even consider working with a woman who sued the Tribe for over a million dollars?  And WHY would the Council consider doing business with a company that is nonexistent on the internet?"  "There is no way this Council will ever consider fracking in the Turtle Mountains!", declared Chairman Keplin.  At this, the audience clapped their hands, cheering the intent of the Chairman's statement.

John Melk and wife Snow debate the Turtle Mountain Water Commission on the pros and cons of drilling.  Photo Credit:  Deborah LaVallie 

Shown is the Little Shell Aquifer in Rolette County.  The aquifer is the Turtle Mountain Tribe's primary source of water.

"We must be proactive though, in the protection and conservation of our sacred water."

Water Protector Carol Davis

Discussion also centered on the contamination of Belcourt Lake.  One of the Council members asked if the contamination was from the raw sewage seeping into the lake from the houses that surround it.  Water Commissioner William Houle talked about the algal bloom contamination there.  The source was nitrates from the 357 private sewer systems that surround the lake.  "There needs to be development of a plan for an upgraded waste management system he stated.  He also talked on the need for a risk assessment plan for the Little Shell aquifer considering all that goes in to it, such as pharmaceuticals, pesticides, paints, chemicals, nitrates and so on. Water Commissioner Monette stated that she would never allow her children to swim in Lake Upsilon or Lake Metigoshe because of the contamination, now Belcourt Lake is included.  It was stated that the Well head protection program needs to become a priority also.  The capping and locking of the numerous wells on the aquifer needs to happen and is vital for the security of the tribe's water resource.

At the conclusion of the meeting it was agreed that the tribal council and the water commission should work together to complete an agenda which includes the passage of a Safe Drinking Water Act and numerous other water issues.  The water permit giving Bottineau water from the Little Shell aquifer must be renegotiated, as stated in The Water Act.  "I am not an expert on fracking.  I advise you to take your time on making any decision regarding the oil drilling.  You need to call in experts to consult with on the fracking issue that goes along with the drilling of these oil wells.  You must consider that the Turtle Mountain Tribal Water Act of 2015 addresses the reach and authority of the Turtle Mountain Band of Chippewa.  The Tribe has 'sovereign' authority over all reservation lands, trust and tribal lands near the Turtle Mountain Reservation and in Trenton in western North Dakota, and lands held in 'Trust' in Montana that were the original allotments of enrolled tribal members.  The Water Act states that there will be no fracking on tribal lands on and off the reservation.  Davis told the tribal council that someday there's not going to be any clean water.  The old elders of the tribe knew this and told of the prophecies that said one day the only clean water would be in the Turtle Mountains.  Here in the Turtle Mountains today, we can take measures to ensure that our descendants and the future generations will have clean and fresh water.  "We must be proactive though, in the protection and conservation of our sacred water.  Water is life."

 

Former Water Commissioner Denise Peltier spoke to the tribal council on tribal sovereignty.  Photo Credit:  Deborah LaVallie 

Council Representative Tyrell Decoteau and Carol Davis

Link to: The Tribal Water Act

http://nebula.wsimg.com/4d1c28e9af5f7a99239cb4f903a05876?AccessKeyId=FF0318FE16C15B6C1F97&disposition=0&alloworigin=1The Tribal Water Act

  TRIBAL RESOLUTION TO BAN FRACKING

TURTLE MOUNTAIN BAND OF CHIPPEWA NOVEMBER 2011

RESOLUTION NUMBER TMBC627-ll-ll OF THE DULY ELECTED AND CERTIFIED BODY OF THE TURTLE MOUNTAIN BAND OF CHIPPEWA

WHEREAS, the Turtle Mountain Band of Chippewa, hereinafter referred to as the Tribe, is an unincorporated Band of Indians acting under a revised Constitution and Bylaws approved by the Secretary of the Interior on June 16, 1959, and amendments there to approved; and

WHEREAS, the Turtle Mountain Constitution and Bylaws was adopted by the tribal citizens to promote the general welfare of tribal citizens, and

WHEREAS, Article IX (a) Section 1 of the Turtle Mountain Constitution and Bylaws empowers the Tribal Council with the authority to represent the Band and to negotiate with the Federal, State and local governments and with private persons, and

WHEREAS, Article IX (a) Section 3 of the Turtle Mountain Constitution and Bylaws empowers the Tribal Council to regulate and license all business and professional activities conducted upon the reservation, and

WHEREAS, Article II Section 1 of the Turtle Mountain Constitution and Bylaws extends jurisdiction of the tribe to land on the Turtle Mountain Reservation in the State of North Dakota and to such other lands as may be acquired, by or in behalf of said Tribe and be added thereto under the laws of the United States, and

WHEREAS, the Turtle Mountain Band of Chippewa is responsible for protecting Mother Earth from any pollutants that may cause harm to its citizens, land, water, and air: and WHEREAS, the emerging oil industry is expanding throughout the state and will eventually include Rolette County which encompasses the Turtle Mountain Band of Chippewa reservation and its jurisdictions; and

WHEREAS, the oil industry is using a process called hydraulic fracturing (FRACKING) to extract oil that requires the use of hazardous chemicals that ould contaminate water resources that is vital for the tribe's livelihood and sustainability; and

WHEREAS, the FRACKING process could endanger tribal water resources and the waters of the Shell Valley aquifer which is the tribe's main resource for fresh water on the Turtle Mountain reservation, and

WHEREAS, it is critical that Turtle Mountain tribal citizens-at-large are educated on the consequence of oil exploration and any other development that can cause any environmental concerns now and in the future; now

THEREFORE BE IT RESOLVED that the Turtle Mountain Band of Chippewa prohibits in perpetuity any hydraulic fracturing (FRACKING) or any other process that is toxic on lands adjoining the Shell Valley aquifer or its tributaries, or flowing water that has the potential to channel to the Shell Valley aquifer and water resources, lakes, underground springs, and wetlands where tribal citizens reside on or near the Turtle Mountain Reservation and

THEREFORE BE IT FURTHER RESOLVED that the Turtle Mountain Band of Chippewa supports the efforts of tribal citizens to promote a public service campaign to inform our tribal membership of any environmental concerns pertaining to oil development and other initiatives affecting Mother Earth: and

THEREFORE BE IT FURTHER RESOLVED that the Turtle Mountain Band of Chippewa directs The Bureau of Indian Affairs to cancel their Advertisement for the sale of Oil and Gas Leases that was posted in the Turtle Mountain Times and other newspapers November 21, 2011 on Allotted Indian Lands in Rolette County, North Dakota and ensure that all future bids include the tribal resolution informing the bidders that fracking is immediately banned in accordance with this resolution, and

BE IT FURTHER RESOLVED that the tribe will work to develop similar laws and agreements with communities who are considering to utilize hydraulic fracturing (FRACKING) or any process that is or may be toxic on lands adjoining the Shell Valley aquifer or its tributaries or flowing water that has the potential to channel to the Shell Valley aquifer and water resources, lakes, underground springs, and wetlands where tribal citizens reside on or near the Turtle Mountain Reservation.

EARTH DAY 2014:  EARTH DAY SHOULD BE EVERY DAY!

https://www.facebook.com/photo.php?fbid=10151968935276326&set=a.222822746325.143489.221617791325&type=1&theater

NO FRACKING WAY TURTLE MOUNTAIN TEAMS UP WITH A COALITION OF NORTH DAKOTA CONSERVATION GROUPS GATHERING SIGNATURES TO GET CONSERVATION MEASURE PLACED ON NOVEMBER'S BALLOT

Carol Davis of No Fracking Way Turtle Mountain and Michael Dax of North Dakotans for Clean Water, Wildlife and Parks

Photo Credit: Deborah LaVallie

4-22-14

By Deborah LaVallie

No Fracking Way Turtle Mountain spent Earth Day 2014 gathering signatures at the Sky Dancer Casino and The Turtle Mountain Community College teaming up with a statewide coalition of conservation groups North Dakotans for Clean Water, Wildlife & Parks in an effort to get a conservation measure placed on November's ballot.  The coalition needs 27,000 signatures, but are shooting for 40,000.

The coalition of Ducks Unlimited, Pheasants Forever, Audubon Society, Nature Conservancy and the National Wildlife Federation is hoping the measure would create a fund using a small portion (5%) of the state's oil and gas revenues that would be used for grants to various conservation projects in conserving critical natural areas of the state.  The Turtle Mountain Chippewa Tribe and the Spirit Lake Tribe have passed resolutions in support of the plan, while the Standing Rock Sioux Tribe has a resolution pending.  These tribes would also benefit from the fund for various conservation programs on the state's reservations.

The coalitions main objectives are to protect and restore North Dakota's rivers, lakes and streams, preserve natural areas and critical wildlife habitats and to provide natural flood control.  The initiated measure would create a trust that would disperse grants to various public and private groups to aid water quality, natural flood control, fish and wildlife habitat, parks and outdoor recreation areas, access for hunting and fishing, the acquisition of land for parks and outdoor education for children.

The coalition is finding much support and interest due to federal budget cuts in various conservation programs, such as the CRP (Conservation Reserve Program) and the drastic changes in western North Dakota caused by the 'Oil Boom'.  Michael Dax field director for the group stated that the upcoming November election is important and decisions will be made that will affect the quality of life over the next 20 years, here in North Dakota.

And, with a $6 billion surplus from oil and gas tax monies, Carol Davis, spokesperson for No Fracking Way Turtle Mountain would like to see the tribes benefit from the conservation trust fund in North Dakota.  Protection of the water is a major concern for her. She said No Fracking Way would most definitely apply for funding grants from the trust fund, if the measure passes.  Protection and conserving the tribe's water resources and wildlife habitats should be a major priority she stated.  She would like to see the group expand the knowledge of the tribe on this issue and put on public forums that would increase the tribe's awareness of just how important protecting and conserving our aquifers, lakes and streams, and watershed is.  "It is traditional in our tribe, for the women to be responsible for our sacred water."  She feels this would be an excellent way to bring back those teachings and educate the public, so that our future generations will have the benefit of a fresh water supply, which we so often take for granted.  "Water is life", she said.

http://cleanwaterwildlifeparks.org/

BREAKING NEWS!  TURMOIL IN THE TURTLE MOUNTAINS

ADVERSE PUBLICITY BY THE TURTLE MOUNTAIN JUDICIAL BOARD AND WITNESS JUDGE WILLIAM ZUGER LEADS TO RESIGNATION OF TURTLE MOUNTAIN APPELLATE COURT JUDGE MICHAEL SWALLOW

4-20-14

BY DEBORAH LAVALLIE

Michael T. Swallow resigned Friday from his duties as Alternate Associate Judge to the Turtle Mountain Appellate Court where he has served for many years.  In his resignation sent to the Turtle Mountain Tribal Court and Turtle Mountain Judicial Board, he stated that recent actions of the Judicial Board were the cause of his resignation and effective immediately.

"The recent actions of the Judicial Board to have internal affairs of the Tribal Court, to be publicized on TV, here in Bismarck on KFYR television, including the inclusion of the specifics of the investigation, the charges, etc. are unacceptable to me and I do not want to appear to condone such actions", he stated.  He questioned the Judicial Board, "Why do this?  This is a pending impeachment matter and to allow your main witness, Mr. Zuger, to comment on TV about a pending matter is completely unacceptable."

He went on, "The people involved in this matter are Turtle Mountain tribal members and have due process rights which Mr. Zuger is aware of.  To generate publicity of the matter, prior to the hearing, is not something the Judicial Board should be allowing.  To allow non Indians to come to the Tribe and manipulate the process is not something new to Mr. Zuger."

Swallow stated, "As a Judge of the Court where Mr. Zuger served, I am personally aware of his propensity to speak about the Tribe or our Court without proper authorization and that is common knowledge to our Tribal Court and my Tribe.  The publicity surrounding the investigation illustrates the problems we have always had with Mr. Zuger when he served on the SRST (Standing Rock Sioux Tribe) Court, such as, unauthorized comments about the Court."

"Now, you have a pending impeachment matter that Mr. Zuger is a main witness for and he is allowed to publicly condemn the staff of the Court and try the case in public."  He asked, "What is the purpose of allowing this unrestrained conduct?"  "The people you have charged are enrolled members of your Tribe, duly elected by the people.  Why would you want to allow internal tribal matters to be made public to the whole state of North Dakota and possibly to the entire nation, through Indianz.com?"

Swallow asked the Judicial Board, "Who is controlling this situation?  The publicity surrounding this matter must be controlled to allow those charged the opportunity to a fair hearing, something Mr. Zuger accuses the accused of denying, but yet, he is allowed to engage in the same activity."

"I do not pretend to know the politics of the Tribe, but I would hope that you are capable of giving your own members a fair hearing."  He said that he has always considered himself lucky to serve the Turtle Mountain Tribe, "but the publicity involving this matter, is something that I can't condone."

Recent turmoil within the Turtle Mountain Band of Chippewa began on April 10 when the Turtle Mountain Judicial Board voted to institute formal charges against Chief Judge Madonna Marcellais, Associate Judge Andrew Laverdure and Clerk of Court Jolene House who have 21 days from service of the complaint to respond to the allegations and charges.  Attorney for the Judicial Board, Lynn Boughy has stated that the matter will likely be presented to an impeachment judge selected by the Judicial Board. 

Judicial Board Chair Nicole LaFloe stated in the complaint that, "The Judges and Clerk refused to let us have access to files where we had a complaint, including public files.  They even went so far as to sue the Board to prevent us from looking into the problems."

Turmoil in the Turtle Mountain court system has gone on for years, costing the Tribe much needed funds that could be used to improve the court and to hire more staff.  Previously, the Judicial Board hired William Zuger, a long-time Chief Judge for the Standing Rock Sioux Tribe to review files and complaints of the Board.  Judge Zuger's Conclusion based on his review accused the judges of lack of competence, lack of diligence and lack of professional ethics.  And, the adverse publicity and swirling controversy began with Zuger's public chastisement and denouncement of the judges and clerk in his comments on the case in an interview to KFYR TV in Bismarck (ND) on April 14.  "It struck me as it was kind of obvious. I mean, if the Judicial Board doesn't have a right to look at the files, then who does?" he stated.  Zuger reviewed 25 cases and he says there was a problem with every one of them. "One of the biggest problems is related to tribal code."  Most other news outlets in ND then carried the story resulting in a wide media blitz that included Indianz.com and the details of the case heavily debated on Facebook, which could result in possible charges of Violation of the Right to Privacy and also Slander.  Personal details of the complaint and persons involved were being circulated through various social media sites.

In a statement to The Grand Forks Herald, tribal attorney Richard Monnette said the Judicial Board is the problem, not the Judges. "A lot of the procedures that are supposedly lacking are actually assigned to the Judicial Board.  The Tribe's constitution states that the Board creates judicial policy.  Any delays are caused by a lack of guidelines to follow.  So, if the Judicial Board neglects to make rules, like they should, the judges have to move ahead anyway." The judges and clerk have declined comment at the present time.

http://www.kfyrtv.com/story/25241927/turtle-mountain-judges-face-criminal-charges?config=H264

"SOVEREIGNTY BY THE BARREL"

NEW 2013 GEOLOGICAL SURVEY ASSESSMENT ESTIMATES 7.4 BILLION BARRELS OF UNDISCOVERED, TECHNICALLY RECOVERABLE OIL IN BAAKEN AND THREE FORKS FORMATIONS OF NORTH DAKOTA DOUBLING PREVIOUS ESTIMATE

THE FORT PECK ASSINIBOINE SIOUX AND THE TURTLE MOUNTAIN BAND OF CHIPPEWA TRIBES CHOOSE BETWEEN OIL DEVELOPMENT AND PROTECTION OF THEIR NATURAL RESOURCES 

http://www.usgs.gov/blogs/features/usgs_top_story/usgs-releases-new-oil-and-gas-assessment-for-bakken-and-three-forks-formations/

http://pubs.usgs.gov/fs/2013/3013/

5-29-13

By Deborah LaVallie

In a recently released oil and gas assessment (April 30, 2013) by the United States Geological Survey, for the Baaken and Three Forks Formations of North and South Dakota and Montana, it was found that the estimate for oil reserves in the region, doubled to 7.4 billion barrels of potentially recoverable oil, a significant increase from 3.65 billion barrels from the 2008 assessment and expands the ‘Baaken Oil Play’ onto tribal ‘homelands’ previously thought to be unproductive. President Obama’s newly appointed Secretary of Interior Sally Jewell stated, “These world-class formations contain even more energy resource potential than previously understood, which is important information as we continue to reduce our nation’s dependence on foreign sources of oil.”  More than 4,000 oil wells have been drilled in the Williston Basin since the 2008 assessment, with an estimated 6,000 more to be drilled in the near future.  As of 2011 there were 6,200 active wells in the Williston Basin.  In addition, there is an estimated 6.7 trillion cubic feet of undiscovered, technically recoverable natural gas reserves due to the inclusion of the Three Forks Formation in the new assessment.

What this means for the tribal nations in the tri-state region is yet to be seen.  Two tribes, each positioned on opposite edges of the Baaken Formation have taken differing approaches in the development of their natural resources and their oil and gas potential and the ensuing social and environmental impacts that come with it.  Both have watched the explosion of oil development taking place on the Fort Berthold reservation located in western North Dakota in the last five years by the Mandan, Hidatsa and Arikara Nations and the infusion of wealth and prosperity along with the devastating social and environmental impacts that ‘big oil’ has brought to the MHA Nation.

The Fort Peck Assiniboine Sioux Tribes located on the western edge of the Baaken is actively exploring the development of their oil production and potential in the southeastern area of Fort Peck, near Brockton, Montana as an option for the economic development needed to relieve their tribes of extreme poverty and high unemployment.  The Turtle Mountain Band of Chippewa located on the eastern edge of the Baaken and sitting on top of the Three Forks Formation has made a commitment to actively protect and preserve their water resources and the Turtle Mountain reservation from the devastating environmental impacts of oil development and the hydraulic fracking process for their future generations. That leaves the Standing Rock Sioux Tribe located on the southern edge of the Baaken, also sitting on top of the Three Forks Formation and with an upcoming tribal election in the Fall, the issue of whether to develop their oil and gas reserves or not will likely be a contentious one.  Tribal candidates will be challenged by membership concerned about the hazards of the hydraulic fracturing, that goes along with major oil and gas development and the potential for contamination and environmental destruction of SRST tribal homelands.  At stake is the water supply for the future generations of the Standing Rock Sioux Tribe.

According to an AP report (April 30, 2013), "Oilmen have known for years that Three Forks held a vast cache of crude, but technology and oil prices haven't made it economical until recently", said Ron Ness, President of the North Dakota Petroleum Council, representing more than 400 companies working out of western North Dakota's 'oil patch'.  North Dakota's Republican Senator John Hoeven stated, "This is good news for our state and our country", and believes that it would lessen our dependence on foreign oil.  The USGS calls the formations "the largest continuous oil accumulation it has ever assessed" — and 'some industry insiders think its potential is even stronger', though the estimated South Dakota production was 'near non-existent', according to the study.

Turtle Mountain Band of Chippewa Tribal Chairman, Richard McCloud, No Fracking Way Turtle Mountain's Carol Davis and Turtle Mountain Tribal Water Resources Director, Gene Laducer

Photo Credit: Deborah LaVallie  

It was a 'moment' in the Turtle Mountain Band of Chippewa's  history every member can take pride in.  On the agenda for the tribal council meeting (May 7, 2013) that morning was 'WATER'.  'Water Warriors' from 'No Fracking Way Turtle Mountain', a 'grassroots' activist group led by Carol Davis were scheduled to present to the council their power point on hydraulic fracturing or 'fracking' and discussion on why the group is concerned about protecting the tribe's most precious resource...water, ensuring it's use for the future generations. 

Tribal Water Resources Director, Gene Laducer in his opening statement discussed how he had been meeting with the No Fracking Way group over the last two months, working with them to be 'proactive' in the protection of the Turtle Mountain tribe's ground and surface water and coming to the conclusion that the tribe's Water Code should be 'revitalized', which hasn't been updated in years.

Group member Debbie Gourneau opened the council meeting with a prayer and smudging, then talked about the Anishinaabe 'Water Teachings', sacred knowledge that originated with the tribe's forebear's on the eastern shores of the Atlantic Ocean and of the sacred water bundles the band here in the Turtle Mountains received 40 years ago.  "In the treaties, the spokespeople didn't realize in their hearts the meaning of the treaty language, "As long as the grass grows, and the rivers flow".  What this really meant in our language and tradition, is the treaty will be in effect until our women stop giving birth...and, only then, 'we will cease to exist'.  In our tradition the women were responsible for the water and the men were responsible for the fire.  Here, in the Turtle Mountains,  in the 'heart' of Turtle Island, the blood (water) flows, and affects 'all' out there, as we are 'all' interconnected." 

The tribal council listened intently to Christa Monette's power point presentation on hydraulic fracturing and the possibilites of oil development in the Turtle Mountains, a forested wetlands in northern North Dakota that receives 10% more precipitation than the rest of the state.  Less than 1% of North Dakota is woodlands. She discussed how the fracking of a single well uses millions of gallons of water combined with hundreds of tons of chemicals including known toxins and carcinogens.  She also talked about the  gas flaring taking place in western North Dakota, a huge waste of energy that contributes to climate change and the toxic and radioactive waste water and how it's being unaccounted for in the Baaken.  There was discussion about the impacts of oil development in Fort Berthold and contamination of the water in Fort Peck.

Carol Davis stated, "There are over 500 chemicals used in the fracking process and 2-4 million gallons of fresh water used in the fracking of each well.  The water is not a renewable resource.  They are wasting millions of gallons of our precious water on one oil well.  That water becomes contaminated, radioactive 'brine' and will never be used again.  If the Little Shell Aquifer is destroyed by oil development, it would take 100 years to replenish itself."  She asked the tribal council for authorization for the group, along with the Tribe's Water Resources Department to begin working on a new water code for the tribe, with the Anishinaabe traditional teachings about the sacred water written into the Preamble. "Every one of us needs to be proactive to protect our water."  She also asked the tribal council for access to the tribe's legal resources, as the group would like to include the legal language in the rewriting of the water code giving the Turtle Mountain Band of Chippewa 'authority' over the Little Shell Aquifer, stating, "According to the Winter's Doctrine, a famous Montana water rights case and Supreme Court ruling, Indian tribes have a legal and inherent right to water.  The tribal water code must be in place in the tribal court, here, too." Tamara Patneaud, a group member who is spearheading a reservation wide 'clean-up', talked about how we all take our water for granted and how the group is 'trailblazing' in a new direction with the rewriting and 'revitalization' of the water code.  " Our Water is sacred", she said.  Gene Laducer ended the presentation by stating, "Our water is alive, and...we want to protect it.  What is happening in western North Dakota is a travesty for all Indian people.  I feel proud that we are taking this stand."

After discussion, the Turtle Mountain Tribal Council voted unanimously to form a new and expanded Tribal Water Board of Directors giving authority to the group to rewrite the tribe's water code.  There was support from all members of the Council for the project and for protecting the tribe's water resources.  The board will be expanded from 5 to 15 members with terms of appointment for three years.  Tribal Chairman Richard McCloud concluded, "In the future, water will be worth more than oil.  We need to protect our water here in the Turtle Mountains for our kids and grandkids."

It wasn't the first time the Turtle Mountain Band of Chippewa made tribal history by taking a pro environment stand for Mother Earth.  In November of 2011 No Fracking Way Turtle Mountain presented to the tribal council their presentation on hydraulic fracturing or 'fracking' and it's devastating environmental impacts.  The tribal council voted unanimously at that time to ban fracking on Turtle Mountain homelands and the resolution was signed by then, Tribal Chairman Merle St. Claire.  The tribe became one of the first tribes in the nation to ban 'fracking' within their territories and backed up that ban with a new tribal law in place.  The new tribal law states that hydraulic fracturing or any other process that is toxic is prohibited in perpetuity and this includes the lands enjoining the Little Shell Valley Aquifer, which are not part of the reservation, but which are the tribe's main source of fresh water.

Map of Rolette County, the Turtle Mountain reservation and Little Shell Aquifer

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Turtle Mountain Tribal Council listening 'intently' to Christa Monette's 'fracking' power point and presentation.

Photo Credit: Deborah LaVallie

The Fort Peck reservation, the 9th largest reservation in the nation and homeland to nearly 12,000 Assiniboine and Sioux tribal members, 6,000 who reside there, sits on the western edge of the Baaken formation where the tribes are waiting in anticipation ready  to take advantage of the 'Oil Boom' hoping to alleviate the poverty and joblessness there, and, becoming less dependent on the federal government for it's funding in the process.  In an interview with Indian Country Today (May 26, 2013) Tribal Chairman Floyd Azure states, "tapping into the Baaken, would make the tribes more sovereign 'by the barrel', echoing Fort Berthold's Tribal Chairman Tex Hall, who many consider to be one of the new 'oil sheiks' of America, as the leader of the oil rich Mandan, Hidatsa, and Arikara Nations. "That means that we can take care of ourselves. If we didn't have to depend on the federal government, we'd be a hell of a lot better off than we are now. We depend on the federal government for damn near everything we have", he stated.  Over the past few years 300,000 acres have been leased to oil companies, a third of what's left of tribally-owned land at Fort Peck.  Many landowners, who are often shareholders on undivided allotments, were paid as little as $50 an acre and, are still waiting for their leases to pay out any royalties. Out of the seven Baaken oil wells drilled, none have produced so far.  

During the 1950's oil companies drilled for oil northeast of Poplar but the wells did not produce.  During a 50 year period after the disposal of the briny waste water into unlined pits, the aquifer serving Poplar and the surrounding area became contaminated with benzene and other carcinogens forcing the piping in of water from the Missouri River to certain areas on the Fort Peck reservation.  A new water pipeline has been constructed since then that pipes water from the Missouri in to Poplar.

The anticipation of wealth and prosperity at Fort Peck is palpable.  That new infusion of wealth from the 'oil boom' at Fort Berthold comes at a huge cost.  A cost to the environment and to the social fabric of the MHA tribal community.  Apparently, the Fort Peck Assiniboine Sioux Tribes are willing to absorb that cost in order to become a more independent, more 'sovereign' tribal nation, though Chairman Azure remains apprehensive about it, stating they didn't have a choice.  The Turtle Mountain Tribe on the other hand has made their choice.  And, that is to protect the 'Water', what they consider as the tribe's most valuable resource for their future generations to come.  And, even though the tribe suffers from a high poverty rate and joblessness, similar to the Fort Peck Tribes, they have made the hard choice...the honorable choice and a decision the Ancestors would be proud of.  The choice that the Standing Rock Sioux Tribe makes to develop their oil and gas reserves remains to be seen.  The big question...To 'Frack' or not to 'Frack'?  It's a decision that the tribal membership will have their say about in the Fall election.  And, it will be then that the People's voice will be heard.

TRIBAL RESOLUTION TO BAN FRACKING
TURTLE MOUNTAIN BAND OF CHIPPEWA NOVEMBER 2011

RESOLUTION NUMBER TMBC627-ll-ll OF THE DULY ELECTED AND CERTIFIED BODY OF THE TURTLE MOUNTAIN BAND OF CHIPPEWA

WHEREAS, the Turtle Mountain Band of Chippewa, hereinafter referred to as the Tribe, is an unincorporated Band of Indians acting under a revised Constitution and Bylaws approved by the Secretary of the Interior on June 16, 1959, and amendments there to approved; and

WHEREAS, the Turtle Mountain Constitution and Bylaws was adopted by the tribal citizens to promote the general welfare of tribal citizens, and

WHEREAS, Article IX (a) Section 1 of the Turtle Mountain Constitution and Bylaws empowers the Tribal Council with the authority to represent the Band and to negotiate with the Federal, State and local governments and with private persons, and

WHEREAS, Article IX (a) Section 3 of the Turtle Mountain Constitution and Bylaws empowers the Tribal Council to regulate and license all business and professional activities conducted upon the reservation, and

WHEREAS, Article II Section 1 of the Turtle Mountain Constitution and Bylaws extends jurisdiction of the tribe to land on the Turtle Mountain Reservation in the State of North Dakota and to such other lands as may be acquired, by or in behalf of said Tribe and be added thereto under the laws of the United States, and

WHEREAS, the Turtle Mountain Band of Chippewa is responsible for protecting Mother Earth from any pollutants that may cause harm to its citizens, land, water, and air: and WHEREAS, the emerging oil industry is expanding throughout the state and will eventually include Rolette County which encompasses the Turtle Mountain Band of Chippewa reservation and its jurisdictions; and

WHEREAS, the oil industry is using a process called hydraulic fracturing (FRACKING) to extract oil that requires the use of hazardous chemicals that ould contaminate water resources that is vital for the tribe's livelihood and sustainability; and

WHEREAS, the FRACKING process could endanger tribal water resources and the waters of the Shell Valley aquifer which is the tribe's main resource for fresh water on the Turtle Mountain reservation, and

WHEREAS, it is critical that Turtle Mountain tribal citizens-at-large are educated on the consequence of oil exploration and any other development that can cause any environmental concerns now and in the future; now

THEREFORE BE IT RESOLVED that the Turtle Mountain Band of Chippewa prohibits in perpetuity any hydraulic fracturing (FRACKING) or any other process that is toxic on lands adjoining the Shell Valley aquifer or its tributaries, or flowing water that has the potential to channel to the Shell Valley aquifer and water resources, lakes, underground springs, and wetlands where tribal citizens reside on or near the Turtle Mountain Reservation and

THEREFORE BE IT FURTHER RESOLVED that the Turtle Mountain Band of Chippewa supports the efforts of tribal citizens to promote a public service campaign to inform our tribal membership of any environmental concerns pertaining to oil development and other initiatives affecting Mother Earth: and

THEREFORE BE IT FURTHER RESOLVED that the Turtle Mountain Band of Chippewa directs The Bureau of Indian Affairs to cancel their Advertisement for the sale of Oil and Gas Leases that was posted in the Turtle Mountain Times and other newspapers November 21, 2011 on Allotted Indian Lands in Rolette County, North Dakota and ensure that all future bids include the tribal resolution informing the bidders that fracking is immediately banned in accordance with this resolution, and

BE IT FURTHER RESOLVED that the tribe will work to develop similar laws and agreements with communities who are considering to utilize hydraulic fracturing (FRACKING) or any process that is or may be toxic on lands adjoining the Shell Valley aquifer or its tributaries or flowing water that has the potential to channel to the Shell Valley aquifer and water resources, lakes, underground springs, and wetlands where tribal citizens reside on or near the Turtle Mountain Reservation.

CERTIFICATION

http://pubs.usgs.gov/wri/1997/4291/report.pdf

http://bigstory.ap.org/article/usgs-74b-barrels-oil-possible-nd-mont

http://indiancountrytodaymedianetwork.com/2013/05/26/beckoning-bakken-will-oil-boom-reach-montanas-impoverished-fort-peck-tribes-149535

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http://www.fortpecktribes.org/

THE DAKOTA NATION UNITY RIDE:

5000 MILES ON HORSEBACK FROM MANITOBA TO NEW YORK CITY JULY 27 - AUG 17TH 2013

"A RIDE FOR HEALING...FOR EVERY NATION...FOR ALL MANKIND"

5-25-13

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BY Deborah LaVallie

The Dakota Nation Unity ride will begin a 5,000 mile trek on horseback on July 27th in Manitoba, ending their ride in New York City on August 17th.  The purpose of the ride is for healing every nation of mankind.

Gus High Eagle and his well known horse Rudy, along with family and friends started the annual 'unity' rides traveling to areas such as Wounded Knee (SD), the Black Hills, and last summer in the 'Many Sitting Eagles Ride', riding from his home in Pipestone, Manitoba to the Turtle Mountains and Fort Berthold reservations in North Dakota, commemorating the War of 1812.  Gus and his wife Emily who crafted their traditional beaded regalia, are Canupawakpa Dakota and began the annual rides as a way to get young people involved and is all about tribal nations getting together in 'unity'...for the future. 

Their ‘Unity’ ride last summer was a Memorial, commemorating 200 years since the War of 1812, when ‘Seven Nations’, the Dakota, Ojibway/Chippewa, Assiniboine, Cree, Hidatsa and Mandan Nations defended and held the ‘line’ of American expansion and aggression holding the ‘Mandan Trail’ open from what is now Canada, all the way south to the Mandan lodges, in what is now the Fort Berthold reservation.  The ‘Many Sitting Eagle’ Chiefs’ traditional leadership of the seven tribal nations, defended their camps and people in 'unity' while their warriors were away fighting the War of 1812, allied with the British troops. The war ended in the eventual loss of their Homelands.  The ride was to honor the memory and 'unity' of the seven tribes at that time.

For further information about the Unity Ride, contact Gus High Eagle:  204-854-2584

HAPPY EARTH DAY 2013!

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"A global campaign calling forth the universal acceptance of rights of nature … Its time has come!"

Universal Declaration of the Rights of Mother Earth

From World People’s Conference on Climate Change and the Rights of Mother Earth,
Cochabamba, Bolivia, 22 April – Earth Day 2010.

We, the peoples and nations of Earth:

considering that we are all part of Mother Earth, an indivisible, living community of interrelated and interdependent beings with a common destiny;

gratefully acknowledging that Mother Earth is the source of life, nourishment and learning and provides everything we need to live well;

recognizing that the capitalist system and all forms of depredation, exploitation, abuse and contamination have caused great destruction, degradation and disruption of Mother Earth, putting life as we know it today at risk through phenomena such as climate change;

convinced that in an interdependent living community it is not possible to recognize the rights of only human beings without causing an imbalance within Mother Earth;

affirming that to guarantee human rights it is necessary to recognize and defend the rights of Mother Earth and all beings in her and that there are existing cultures, practices and laws that do so;

conscious of the urgency of taking decisive, collective action to transform structures and systems that cause climate change and other threats to Mother Earth;

proclaim this Universal Declaration of the Rights of Mother Earth, and call on the General Assembly of the United Nation to adopt it, as a common standard of achievement for all peoples and all nations of the world, and to the end that every individual and institution takes responsibility for promoting through teaching, education, and consciousness raising, respect for the rights recognized in this Declaration and ensure through prompt and progressive measures and mechanisms, national and international, their universal and effective recognition and observance among all peoples and States in the world.

Read More:

http://www.rightsofmotherearth.com/declaration/

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"Earth Day 1970 capitalized on the emerging consciousness, channeling the energy of the anti-war protest movement and putting environmental concerns front and center." 

"Inspired by the student anti-war movement, U.S. Senator Gaylord Nelson realized that if he could infuse that energy with the emerging public consciousness about air and water pollution, it would force environmental protection onto the national political agenda." 

"Senator Nelson announced the idea for a “national teach-in on the environment” to the national media. On 22nd April, in massive coast-to-coast rallies, 20 million Americans took to the streets, parks and auditoriums to demonstrate for a healthy, sustainable environment." 

"Thousands of colleges and universities organized protests against the deterioration of the environment. Groups that had been fighting against oil spills, polluting factories and power plants, raw sewage, toxic dumps, pesticides, freeways, the loss of wilderness, and the extinction of wildlife suddenly realized they shared common values."

"Earth Day 1970 achieved a rare political alignment, enlisting support from Republicans and Democrats, rich and poor, city slickers and farmers, tycoons and labor leaders." 

"The first Earth Day led to the creation of the United States Environmental Protection Agency and the passage of the Clean Air, Clean Water, and Endangered Species Acts. "It was a gamble," Senator Gaylord recalled, "but it worked."

http://www.earthday.org/earth-day-history-movement

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CREATOR, WE ASK YOU TO BLESS AND PROTECT OUR EARTH MOTHER,
THIS BEAUTIFUL LAND WE ONCE KNEW AS TURTLE ISLAND

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"We are all from the earth. And when earth, water and the atmosphere is corrupted, then it will create its own reaction. Mother is reacting. In the Hopi prophecy they say the storms and floods will become greater."
-- Floyd Red Crow Westerman

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NOTE: ( REPRINT OF EARTH DAY PIECE THAT I WROTE LAST YEAR FOR THE TRIBAL INDEPENDENT WHICH IS NO LONGER ONLINE)

EARTH DAY 2012 
22 Apr 2012
By Deborah LaVallie
Tribal Independent

Our Earth Mother has sustained humanity for many eons, nurturing us, and, providing the sustenance we have needed to continue to live throughout the generations of mankind, here on Earth in harmony and balance with the ‘Natural’, the Four-leggeds, the Winged Ones, the Fishers, our Tree relatives and all that is living.

Rooted in a nation-wide grassroots movement, the first Earth Day America took place on April 22, 1970, inspired by Senator Gaylord Nelson, a Senator and environmental activist from Wisconsin. College campuses and schools throughout the country took part in the education/environmental activism program, resulting in the eventual establishment of the EPA (Environmental Protection Agency) and the passage of the Clean Air Act, Clean Water Act, the Safe Drinking Water Act and wilderness protection laws. Twenty million Americans took to the streets across the land demonstrating their concerns for the deterioration and destruction of the environment. That was 42 years ago. 

Most people aren’t aware, though, that there were two annual Earth Day observances that were founded a month apart in 1970. Though Earth Day is now celebrated by most people on April 22, the first Earth Day actually took place on March 21, 1970, the vernal (Spring) Equinox at that time. Newspaper publisher and community activist John McConnell proposed a global holiday called Earth Day at a UNESCO conference on the environment in 1969. He wanted to remind people throughout the world of their shared responsibility as caretakers of the Earth and chose the vernal Equinox (the first day of Spring) because it’s traditionally known throughout many cultures of the world as a day of ‘Renewal.’ His dream was for all peoples of the world to put aside their differences and work towards the common goal of preserving the Earth’s resources for future generations.

In April of 2010, Bolivian president Evo Morales, an Aymara Indian and a ‘traditionalist’ and also an environmental activist, hosted ‘The World People’s Summit on Climate Change and the Rights of Mother Earth,’ in Cochabamba. It was a three day summit where more than 30,000 people attended from all corners of the world and officially proposed that the United Nations adopt a declaration that recognizes the inherent rights of ‘Mother Earth.’ He believed that “Our Earth Mother is the source of life that provides for mankind.” He and his delegation from Bolivia took the lead in proposing the resolution to the UN General Assembly and in 2010, April 22 was officially declared to be ‘International Mother Earth Day.’ He stated at the time, “60 years after adopting the Universal Declaration of Human Rights, Mother Earth is now, finally having her rights recognized.” His dream began as a way to promote harmony with nature with the dream of our planet balancing nature with the economic, social, and environmental needs of the present and future generations of humanity. He declared, “We are strangling the planet – strangling ourselves,” in his appeal, stating that, “for too many years, the world has been held captive by the seductive notion of capitalism. “ However, it is clear now – that “we don’t own the planet, we belong to it," adding that the proclamation of the International day, would begin the process of ‘The Declaration on the Rights of Mother Earth, though the concept of ‘Mother Earth’ is not universally accepted.

Morales, has said, “We don’t believe in the linear, cumulative conception of progress and of an unlimited development at the cost of other people and nature. To live well is to think not only in terms of per capita income but of cultural identity, community harmony among ourselves and with Mother Nature.” He has become known as a ‘world hero of Mother Earth’. In January 2011, Bolivia became the world’s first nation to grant the natural environment equal rights to humans. Bolivia’s ‘Law of Mother Earth’ is heavily influenced by the spiritual and traditional lifeways of the indigenous population of the Andes. 

Indigenous peoples throughout the world believe that we are at a point of transformation and we must accept the responsibility of restoring the harmony and balance of our beloved Earth Mother. The ‘Mother Earth Accord’, developed and written at the Rosebud Sioux Tribe (SD) Emergency Summit, held during Sept. 15-16, 2011, by affected groups, tribal governments, traditional treaty councils, First Nations of Canada and impacted property owners, was written in response to the proposed Keystone XL tar Sands pipeline and the tar sands development in Canada. 

The Accord, guided by the principle of traditional indigenous knowledge, spiritual values and respectful use of the land, affirmed our responsibility to protect and preserve for our descendants, the inherent sovereign rights of our Indigenous Nations, the rights of property owners, and all inherent human rights, also recognizing that our indigenous view is that the Earth is our true Mother, our Grandmother who gives birth to us, and maintains all life.

The Accord recognized that tar sands development in northern Alberta has devastating impacts to Mother Earth and her inhabitants and perpetuates the crippling addiction to oil in the U.S. and Canada, and, urged a halt to heavy haul shipments of tar sands equipment through the two countries, also urging both to reduce their reliance on oil, including tar sands, investing in the research and development of cleaner, safer forms of sustainable energy which include, smart growth, fuel efficiency, next-generation bio fuels and electric vehicles powered by solar and wind energy. The Accord declared that the proposed Keystone XL tar sands pipeline was not in the national interest of either country and urged President Obama to reject the Keystone. The document was presented to Obama during the third annual White House Tribal Leaders Summit in December 2011, and demonstrate the unity of Tribes on both sides of the border.

What a wonderful dream it would be if the Tribal Nations of this country followed the courageous lead of Morales and the Bolivians, amending their tribal constitutions to give ‘Mother Earth’ equal rights within our tribal nations, establishing a ‘Mother Earth Law.' Tribes here in the U.S. and the First Nations of Canada are addressing huge environmental issues, such as the tar sands of Alberta, the Keystone XL pipeline, pollution of water supplies, toxic contamination from mining and fracking, toxic and seeping landfills and the list goes on. Tribes also need to form stronger coalitions with each other to advocate the passage of the Declaration on the Rights of Mother Earth by the United Nations. What happened to that energy and commitment of the 20 million concerned American citizens that marched and demonstrated throughout the land 42 years ago? It saddens me to see how uncaring and unconcerned America’s citizens have become, apathetic and unworried about the state they will leave this beautiful land to future generations and it’s heartbreaking to see how our Tribal peoples have become so disconnected from the ‘natural law’ that was once the central focus of their lives and the essence of their very being.