{"id":9734,"date":"2020-02-05T21:48:04","date_gmt":"2020-02-06T02:48:04","guid":{"rendered":"https:\/\/unitedresourceconnection.org\/cannon-ball-nd-58528\/native-lawmakers-weigh-pipeline-shield-bills\/"},"modified":"2020-02-05T21:48:07","modified_gmt":"2020-02-06T02:48:07","slug":"native-lawmakers-weigh-pipeline-shield-bills","status":"publish","type":"post","link":"https:\/\/unitedresourceconnection.org\/cannon-ball-nd-58528\/native-lawmakers-weigh-pipeline-shield-bills\/","title":{"rendered":"Native lawmakers weigh pipeline shield bills"},"content":{"rendered":"
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State-Tribal Relations Committee Chair Rep. Shawn Bordeaux started a list of bills for South Dakota\u2019s native constituents to watch. (Photo courtesy Shawn Bordeaux)<\/p>\n<\/div>\n

PIERRE \u2013 The looming construction of the tribally opposed Keystone XL Pipeline through unceded 1868 Ft. Laramie Treaty territory drew plenty of attention from native and other state lawmakers in the first two weeks of the 2020 South Dakota Legislature.
\nThe hazardous liquid pipeline, if permitted, would be built by the Canadian TC Energy Corp. to carry tar, or bitumen, diluted with other petroleum products (dilbit) from the oil sands of Canada\u2019s Athabascan boreal forest across Montana, South Dakota and Nebraska, in order to ship through already existing infrastructure to refining and export facilities on the Texas Gulf Coast.
\nHB 1093, which native lawmakers submitted to the Joint Appropriations Committee on Jan. 28, would establish an annual fee for pipeline operations, which would create a liability fund to cover extraordinary expenses caused by an oil pipeline discharge.
\nThe proposal follows on more than a dozen dilbit spills from the Keystone I Pipeline, operated by TC Energy Corp., formerly TransCanada Corp.
\nTodd and Mellette County District 26A Rep. Shawn Bordeaux introduced the bill on behalf of the State-Tribal Relations Committee, which he chairs. He also is the director of the Institute of Tribal Lands at Sinte Gleska University on the Rosebud Sioux Indian Reservation.
\nCo-sponsors are committee members: Minnehaha County District 10 Speaker of the House Steven G. Haugaard, Pine Ridge District 27 Rep. Peri Pourier, Mission District 26 Senate Minority Leader Troy Heinert, Pine Ridge District 27 Sen. Red Dawn Foster, Rapid City District 33 Sen. Phil Jensen, Hot Springs District 30 Sen. Lance Russell, and District 8 Senate Majority Whip Jordan R. Youngberg of Chester.
\nThe bill stipulates that any pipeline that begins operations on or after Jan. 1, 2021 must deposit a fee of up to $100 million in a so-called SPOIL Fund to be managed by the South Dakota Department of Environment and Natural Resources, or DENR.
\nTC Energy says it will start construction in August 2020, however administrative red tape and tribal court cases keep delaying its plans.
\nThe language of the bill defines the SPOIL Fund as a \u201cReleases from Pipeline Oil Liability\u201d fund. It would be kept at the state Treasury Department.
\nThe director of the Division of Financial and Technical Assistance at DENR would decide whether to grant claims for damages from pipeline leaks, according to the proposal.
\nIt says claims may be filed by the state, federally recognized Indian tribes, local governments, private cooperatives, or business entities \u201cto respond to \u2026 oil product release from a pipeline.\u201d
\nThe fee to any oil pipeline operator would be calculated at a rate of $2.50 per mile of pipeline, multiplied by a fee of 10 cents per barrel on the reported daily maximum capacity for one day. If no claims are granted during a calendar year, the following year\u2019s fee would be waived.
\nDuring the 2019 Legislature, Gov. Kristi Noem obtained approval of a Riot Boosting Act that would have tithed not only oil pipeline builders but also resisters for expenses the state might incur in conflict over the private infrastructure projects.
\nShe was roundly criticized by tribal leaders for her failure to consult with them on the legislation. Then a federal District Court preliminary decision in Dakota Rural Action v. Noem enjoined the law\u2019s enforcement for lack of constitutionality, resulting in a $100,000 defense tab billed to taxpayers by state officials.
\nIn the current legislative session, Noem\u2019s office sent members of the House of Representatives new language to modify the Riot Boosting Act. It specifically states, \u201cA fine paid by a defendant for any violation of (the Riot Boosting Act) may not be applied toward payment of liability.\u201d
\nHowever, as in its previous its manifestation, this bill, HB1117, fails to define riot boosting, leading Dakota Rural action to comment in its \u201cWeekly Legislative Update\u201d:
\n\u201cWhile on its face, the new bill appears to thread the constitutional needle, serious issues remain regarding enforcement \u2026 and the simple question of what does riot boosting actually mean? Could a person be charged with a riot-related crime while sitting on their couch in their pajamas, urging people through social media to stop the pipeline?
\n\u201cAnything approaching that scenario is again likely to be held unconstitutional, and that leads to the question, how much do South Dakota taxpayers want to spend defending their First Amendment rights against their own government?\u201d
\nNoem\u2019s latest revision is called \u201cAn Act to repeal and revise certain provisions regarding riot, to establish the crime of incitement to riot, and to revise provisions regarding civil liability for riot and riot boosting.\u201d
\nHer new section creating \u201cthe crime of incitement to riot\u201d states: \u201cAny person who, with the intent to cause a riot, commits an act or engages in conduct that urges three or more people, acting together and without authority of law, to use force or violence to cause any injury to any person or any damage to property, under circumstances in which the force or violence is imminent and the urging is likely to incite or produce the use of force or violence, incites riot.
\n\u201cUrging includes instigating, inciting, or directing, but does not include the oral or written advocacy of ideas or expression of belief that does not urge the commission of an act or conduct. This section may not be construed to prevent the peaceable assembly of persons for lawful purposes of protest or petition.\u201d
\nNoem\u2019s 2019 pipeline legislative package established a PEACE Fund, otherwise known as a Pipeline Engagement Activity Coordination Expenses Fund, and a Riot Boosting Recovery Fund, through which \u201cfor fees and other funds to be collected through a variety of sources to pay for the extraordinary costs associated with the pipeline construction incurred by the state and counties.\u201d
\nIn 2020, Bordeaux is sponsoring amendments through HB1194 \u201cto authorize federally recognized Indian tribes to receive PEACE funds.\u201d
\nAll tribes with jurisdictions overlapping South Dakota\u2019s are on record in opposition to pipeline construction: the Cheyenne River Sioux Tribe, Crow Creek Sioux Tribe, Flandreau Santee Sioux Tribe, Lower Brule Sioux Tribe, Oglala Sioux Tribe, Rosebud Sioux Tribe, Sisseton Wahpeton Oyate, Standing Rock Sioux Tribe, and Yankton Sioux Tribe.
\nThe pipeline bills are among several that Bordeaux has targeted for passage this session.
\nClosely related is his HB 1135, which states, \u201cThe Governor may not mobilize any National Guard forces or any law enforcement agency in the state pursuant to a mutual aid agreement between South Dakota and any other state without first consulting the Legislature.\u201d
\nHis HB1145 would \u201cauthorize certain tribal members to attend certain institutions of higher education or postsecondary technical institutes without payment of tuition.\u201d
\nOn Jan. 30, Bordeaux put out a social media call saying, \u201cFollow these bills and come testify in committee. All are welcome to join in and be heard. I need help getting word out to legislative committee members about our concerns as natives here in South Dakota. I have a few other bills coming as well.\u201d
\nThe State-Tribal Relations Committee members are sponsoring SB66 \u201cto provide for the creation and funding of Oceti Sakowin charter schools\u201d that would \u201cprovide instruction in accordance with the Oceti Sakowin Essential Understandings and Standards\u201d and required studies in native language.
\nHB1132 would create a \u201cCommission on Indian Affairs for the purposes of improving services to American Indians in this state and promoting communication and relations between the state and each of the nine federally recognized Indian tribes in South Dakota.\u201d
\nHB1134 would bar the state and its political subdivisions from prohibiting \u201cany person from wearing traditional tribal regalia or objects of cultural significance or from the singing of an honor song at a school honoring or graduation ceremony.\u201d
\nHB1143 says: \u201cThe use of racially derogatory or discriminatory school or athletic team names, mascots, nicknames, logos, imagery, or celebrations depicting Native Americans and Native American culture is prohibited in any public-school district.\u201d
\nHB1196 would remove the statute of limitations on claiming civil damages for childhood sex abuse until 2022 and allow victims over 40 to enter claims against entities \u201cother than the person who perpetrated the actual act,\u201d such as boarding schools.
\nHB1185 would bar state offices and their subdivisions from criminal background checks of a prospective employee until after a personal interview \u2013 excluding school offices and such entities as the Department of Corrections that have statutory duties to conduct the research.
\nBordeaux said he expects to support Heinert\u2019s SB127 for a $60,000 appropriation from the general fund to the state Department of Tribal Relations, \u201cfor purposes of awarding grants to provide horse racing relays in South Dakota.\u201d<\/p>\n

(Contact Talli Nauman at talli.nauman@)gmail.com<\/a>)<\/p>\n

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State-Tribal Relations Committee Chair Rep. Shawn Bordeaux started a list of bills for South Dakota\u2019s native constituents to watch. (Photo courtesy Shawn Bordeaux) PIERRE \u2013 The looming construction of the tribally opposed Keystone XL Pipeline through unceded 1868 Ft. Laramie Treaty territory drew plenty of attention from native and other <\/p>\n

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