Copyright © 2000 NLThomas
All Rights Reserved

The first step, in a series of steps, is completed for the Dakota,Minnesota and Eastern Railroad's expansion in western South Dakota and northeastern Wyoming. For Lakota people, this is another incursion into the Great Sioux Reservtion and Indian land protected by treaties.

The DM&E Railroad is planning on building 280 miles of new railroad track which will skirt Badlands National Park and the northwestern border of the Pine Ridge Reservation on it's way to the coal fields in the Powder River Basin in Wyoming.

The Draft Environmental Impact Statement (DEIS), the first step in the process , was released this past week. A box, little over a foot deep and weighing 32 pounds, arrived in mailboxes carrying twelve (12) volumes of information. The public has a very short time to try to read and digest those twelve volumes before giving their comments at Public Meetings in Douglas and Newcastle, WY, and Rapid City and Pierre SD. Scanning information referring to Lakota people, especially from the Pine Ridge Reservation, is more simple because there are hardlly any references.

The Public Meeting on the Powder River Basin Expansion Project in Rapid City will be held at the Rushmore Plaza Civic Center on Thursday, November 2, 2000, from 6:00 to 10:00 p.m. Persons wishing to speak are asked to pre-register by calling 1-877-404-3044. As comments are being taken by a federal agency, the Surface Transportation Board, others wishing to speak will also be accommodated as time allows. Detailed comments are asked to be submitted in writing with the speaker giving a verbal summary of his/her concerns.

Many Native American people, environmentalists, ranchers, and residents of cities and towns along the track, have been anxiously awaiting the release of the DEIS. they have been worried about the impact of 40 to 70 trains, a mile to a mile and a half in length, all filled with coal for utility companies in the Eastern part of the United States. The new track will be built around the southern part of the Black Hills and along pristine wildlife areas in the Cheyenne River valley.

The burning of coal causes major pollution of the air. The questions frequently asked are: what other ways can energy be made without burning coal? What will be hauled back to Wyoming and western South Dakota in the empty coal trains? How much impact will be felt by a train passing by every twenty minutes? If these questions are not answered iln the DEIS, where and when will they be answered.

Although the railroad will travel within a mile of the Pine Ridge Reservation and the village of Red Shirt, no mention was made of the treaties and only small mention of the environmental impact to Red Shirt Village. The Oglala Sioux Tribal Council governs the Pine Ridge Reservation and is responsible for the welfare for the people of Red Shirt Village. The past two Tribal Presidents, John Yellow Bird Steele and Harold Salway, have both openly opposed the railroad with supporting resolutions from the Tribal Council.

The Black Hills Sioux Nation Treaty Council has issued a resolution dated March 25,1998, in opposition of the railroad stating:"... the Sioux Nation opposes final approval by the United States Government's Surface Transportation Board allowing implementation of the construction and expansion of the Dakota, Minnesota and Eastern Railroad along the Cheyenne River Valley and any other lands of the Great Sioux Reservation. Furthermore, the Sioux Nation calls on the United States Government, through its Congress, to comply with its stewardship obligations under the 1868 Treaty, and to utilize all available federal laws, including the Wild and Scenic Rivers Act, the Clean Water Act, the Wilderness Act, and the National Historic Preservation Act to protect the cultural and ecological values of the Cheyenne River Valley."

The DEIS which is being conducted by the federal Surface Transportation Board states that their Section of Environmental Analysis " will also conduct a meeting specifically for interested Tribes and Tribal organizations, as part of the formal government-to-government consultation process on the Draft Environmental Impact Statement." Clair Green, an employee of Burns and McDonald, a firm hired by the DM&E Railroad, stated that a consultation with the tribal chairmen will be held after Thanksgiving. The question arises as to whether the Surface Transportation Board, the DM&E Railroad, and Ms. Green understood the implications of the Tribal Council resolutions.

The 1868 Treaty is a nation to nation agreement and proper protocol would dictate that a diplomat or a representative from the office of the Secretary of State should be conferring with the Treaty Council rather than employees of a department of the United States federal government.

The DEIS states that "Applicant [DM&E] shall implement all the mitigation included in the Memorandum of Agreement that has been developed to ensure that the concerns of Native American Tribes related to the proposed project which are outside the Section 106 process under the National Historic Preservation Act are considered and addressed." As the Oglala Sioux Tribe has already issued a resolution totally opposing the construction of the railroad, it is unlikely that a memorandum of agreement will be signed. The question is why would the Surface Transportation Board continue to consider that a memorandum of agreement would be approved given the fact that the Oglala Sioux Tribal government has already stated their position. That position is also strongly supported by the Treaty Council which includes all the other Sioux reservations.

Notwithstanding the Oglala Sioux Tribal Council's resolution, q request was made by a tribal member for a public meeting to be held on the Pine Ridge Reservation as the Reservation will be impacted by air pollutioin from coal dust and diesel fumes. The request was given to Green who stated that no meeting would be held on any reservation as a number of other tribes are involved. Yet the Pine Ridge Reseravtion and the Oglala Sioux Tribe is the only one that will be affected by pollution from the trains in southwestern South Dakota, not to mention the legal basis derived from the 1868 Treaty.

Environmental Justice:

Environmental Justice concerns arise when a minority and low income population will be affected by a disruption in the environment. The DEIS states " When reviewing the results of its analysis to indentify potential environmental justice communities , SEA noted that the majority of the environmnetal justice communities are located along the existing DM&E rail line and within the larger towns." Their primary concern was the increased noise level in these towns. but this does not cover environmental justice concerns along the new route yet to be built.

No mention was made of the environmental concerns to Red Shirt Village and the Pine Ridge Reservation other than the following:

The DEIS recognized that many Tribes have concerns about the project but does not seem to realize that those concerns are about current issues and use of hte area through which the new line will be built. The DEIS under environmental states: " The traditions and beliefs of these Tribes are often deeply linked to the project area due to this area being the historic home of many of the Tribes inhabiting the Great Plains and Midwest. As such, many Tribes are interested and concerned about the impacts to these traditional areas. Many of these Tribes have participated with SEA throughout the development of this Draft EIS and provided input as to the important issues and concerns of the Tribes regarding the potential impacts of this project. Interested Native American Tribes also worked with SEA to develop a Memorandum of Agreement to provide for substantive participation of Tribes throughout the project."

The DEIS continues: " Throughout the project area, Native Americans live primarily within the numerous Reservations. Because these Reservations do not adjoin the existing rail line and are not crossed by any new construction alternatives, Native American communities were not initially identified as within the area of potential effect for environmental justice concern, nor where they determined to experience signficant impacts from the proposed project. SEA, however, determined that due to the traditional ties of Native Americans to the project area and their concern for the impacts of the project on the natural resources of the area, it was appropriate to include those Tribes in its outreach efforts for the project. Therefore, public outreach plans were developed for each Native American Tribe that expressed interest or concern regarding hte proposed project."

The environmental justice issues looked at the existing line, not the new line that is proposed to be built right around the northwest corner of the Pine Ridge Reservation. A paragraph in the Executive Summary concerning Environment Justice states: " Applicant [DM&E] shall consult and coordinate with the Lakota Sioux Tribe to develop a Hazardous Material Emergency Response Plan to account for the special needs of Native American persons on the Pine Ridge Reservation in South Dakota, particularly those inhabiting Red Shirt, which is located less than 1.0 mile form the new rail line construction under Alternative B. This plan shall include Applicant-sponsored training in hazardous materials response for appropriate tribal personnel." The trains are supposed to haul coal, not hazardous materials. Other than stockpiled coal, what other kinds of hazardous materials would require emergency response training?

Alternative C is recommended, which places the line a few more miles away from Red Shirt village. However, this recommendation does not take into consideration the chance for fire from fuel from an overturned train, or sparks from wheels, which could be pushed by the northwesterly winds to Red Shirt village and the Pine Ridge Reservation. Nor is there mention of the air pollution caused by coal dust and diesel fumes which will also affect the 30,000 residents of the Reservation. As to hazardous materials, their impact could be felt many miles away, not just a few.

The DEIS mentions other Tribes which include the Cheyenne River, Crow Creek, Flandreau Santee, Lower Brule, Rosebud Sioux, Sisseton-Wahpeton, and Yankton Sioux, but also the Sac & Sac Fox Nation of Iowa, Lower Sioux Indian Community, Prairie Island Sioux Community, Red Lake Band of Chippewa, Shakopee Mdewakanton Sioux Community, Upper Sioux Indian Community, the Crow in Montana, Fort Peck Assiniboine Sioux, Northern Cheyenne, the Omaha, Ponca Tribe of Nebraska, Santee Sioux, Winnebago, Spirit Lake Nation, Turtle Mountain Band of Chippewa, Three Affiliated Tribes, Cheyenne-Arapaho Tribes of Oklahoma, Sac And Fox Nation of Oklahoma, Ho-chunk, Menominee Indian Tribe of Wisconsin, Eastern Shoshone Tribe in Wyoming, and Northern Arapaho Tribe in Wyoming. Missing from the list was the Standing Rock Sioux Tribe whose people are also part of the Great Sioux Nation and have voice in issues affecting the 1868 Treaty.

Now that the Draft Environmental Impact Statement is finally out, all of the Tribes will have an opportunity to assess the impacts this will cause in Indian Country. The Oglala Sioux Tribe and the Black Hills Sioux Nation Treaty Council have already taken a strong stand opposing the construction of this railroad. It was the Great Sioux Nations strong opposition to a similar plan to build a railroad over a century ago that led to the signing of the 1851 and 1868 Fort Laramie Treaties. Those Treaties have never been legally and lawfully changed. Their position is upheld by the Constitution of the United States. Will the other Tribes back the position of the Oglala Sioux Tribe who will be the most impacted by the building of this railroad?

Written comments may be sent to: Office of the Secretary Case Control Unit STB Finance Docket No. 33407 Attention: Victoria Rutson Surface Transportation Board, Environmental Project Manager, 1925 K Street N.W., Environmental Filing, Washington, DC 20423-0001

Charmaine White Face is a former treasurer of the Oglala Sioux Tribe and is a freelance writer.