#askwarren - Are you, @POTUS and co DAPL investor @gatesfoundation aware that the present DAPL route being enforced by state violence violates the Treaty of Fort Laramie?
Substantiation: "#NoDAPL was a treaty dispute over lands the tribes first relented to being confined to by the US in the Treaty of Fort Laramie, 1851. While the reservation tract is much smaller than that original territory agreement thanks to the second Treaty of 1868, they never surrendered hunting or fishing rights, nor water rights over the land reserved for them in the Treaty of Fort Laramie and the land is unceded meaning “owned by the Sioux, outside of the reservation.” “Almost the entire pipeline from the source to the river” the Treaty of 1868 defined as “unceded.”
This doesn’t quite gell with Obama’s statement that “the pipeline cuts too close to tribal lands in North Dakota." It’s true the land is outside of the reservation. The Federal government tried to force the issue by giving them money for the land, which the Sioux refused. The Federal government is still sitting on over a billion dollars in trust for that land, that the Sioux still refuse, demanding to retain title. They never let it go. Despite their impoverishment, they never took the money. Obama fed the misapprehension about the Treaty deliberately."
Furthermore: "The Army Corps of Engineers is involved only due to land expropriated from the tribe against their wishes to build the dam that created Lake Oahe. (The dam was just outside the reservation. The USACE expropriated the land inside the reservation to remove several native communities that would be submerged due to the flooding.) But the tribe accepted the monies offered by the Federal Government decades later for that incursion, so they no longer have a leg to stand on on that one."
Even the amount of land the USACE forcibly expropriated against the Tribe's consent is under Treaty dispute because they confiscated land over and above what constituted the final water line for the Lake Oahe Reservoir. This means an EIS should have been done to address lands that were under Treaty dispute on two counts. For your information, none of these expropriations for hydro dams were done nicely. This picture depicts how the land expropriation was obtained from Fort Berthold Reservation ND to create Lake Sakakawea (Native spelling: Sacagawea).
The legal precedent employed has a damaging history. (This is the article that focuses on the present court case by the Yankton Sioux regarding how the Dakota Access Pipeline is a Treaty violation.)
The name, Sacagawea, is its own sad irony, for it was a Native American woman the Lake was named after: "1806
At the close of the Lewis and Clark expedition, Sacagawea is paid nothing for her year and a half of work as an interpreter and guide. Her husband, a white trapper who married her after she was taken captive, receives $500." - Motherjones article