Bill Text: NJ ACR224 | 2016-2017 | Regular Session | Introduced
Bill Title: Supports Standing Rock Sioux Tribe's opposition to construction of Dakota Access Pipeline.
Sponsorship: Partisan Bill (Democrat 2)
Status: (N/A - Dead) 2017-01-23 - INT 1RA REF ARO [ACR224 Detail]
Download: New_Jersey-2016-ACR224-Introduced.html
ASSEMBLY CONCURRENT RESOLUTION No. 224
STATE OF NEW JERSEY
217th LEGISLATURE
INTRODUCED JANUARY 23, 2017
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
SYNOPSIS
Supports Standing Rock Sioux Tribe's opposition to construction of Dakota Access Pipeline.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution supporting the Standing Rock Sioux Tribe's opposition to construction of the Dakota Access Pipeline.
Whereas, The proposed Dakota Access Pipeline (DAPL) by the Energy Transfer Partners and its affiliates would be a 1,168-mile, 30-inch diameter pipeline, which would carry as much as 570,000 barrels per day of Bakken crude oil from western North Dakota to Illinois; and
Whereas, The DAPL would run across or beneath 209 rivers, creeks, and tributaries, including the Missouri River, which provides drinking water and irrigates agricultural land in communities across the Midwest, serving nearly 10 million people; and
Whereas, The DAPL would also run through the ancestral lands and waters reserved for the traditional use of the Standing Rock Sioux Tribe by the Treaty of Fort Laramie, including the Missouri River, burial grounds and gravesites, and other sacred sites of cultural, religious, and historical significance; and
Whereas, There has been deep opposition from the Standing Rock Sioux Tribe, farmers, scientists, more than 30 environmental advocacy groups, and other Tribal nations along the proposed route; and
Whereas, Any spill of oil into the Missouri River would irreparably harm the Standing Rock Sioux Tribe's Treaty reserved lands, territories, waters, and other resources, as well as their burial grounds, gravesites, and other sacred sites of cultural, religious, and historical significance; and
Whereas, Indian treaties such as the Treaty of Fort Laramie are recognized by the United States Constitution and require consultation and cooperation by the United States with its Indian treaty partner before any federal action is taken that affects treaty lands, territories, waters, or other resources; and
Whereas, The federal "American Indian Religious Freedom Act of 1978" affirms the need to "protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions," particularly in American Indian sacred places; and
Whereas, Articles 11, 12, and 25 of the United Nations Declaration on the Rights of Indigenous People (UN DRIP), as endorsed by the United States in 2010, affirm that indigenous peoples like the Standing Rock Sioux Tribe possess the right to maintain and protect their culture, religion, practices, and relationship with their "traditionally owned or otherwise occupied and used lands, territories and waters"; and
Whereas, UN DRIP Article 32 further provides that governments shall consult with indigenous peoples "in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources"; and
Whereas, The United States Department of Justice, the United States Department of the Army, and the United States Department of the Interior issued a joint statement on September 9, 2016 indicating that the United States Department of the Army would not authorize constructing the DAPL on Corps land bordering or under Lake Oahe until it can determine whether it would need to reconsider any of its previous decisions regarding the Lake Oahe site under the "National Environmental Policy Act" or other federal laws; and
Whereas, The United States Army Corps of Engineers failed to consult with or obtain the free, prior, and informed consent of the Standing Rock Sioux Tribe as required by the Treaty of Fort Laramie, the UN DRIP, and other federal and international laws, before issuing a "Mitigated Finding of No Significant Impact" that would result in an easement for horizontal directional drilling for the DAPL; and
Whereas, At least 19 United States city governments have passed resolutions or written letters opposing the construction of DAPL, including Berkeley, Cleveland, Oakland, Portland, Oregon, Saint Paul, Santa Barbara, and Seattle; and
Whereas, On December 4, 2016, after weeks of growing protests, the United States Army Corps of Engineers announced that it would not issue a permit for the construction of a portion of the DAPL that would cross under Lake Oahe in North Dakota; and
Whereas, It is altogether fitting and proper for the Legislature of the State of New Jersey to support the Standing Rock Sioux Tribe's opposition to the construction of the DAPL across the tribe's ancestral lands, waters, and sacred sites; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):
1. The Legislature of the State of New Jersey supports the Standing Rock Sioux Tribe's opposition to the construction of the Dakota Access Pipeline across the tribe's ancestral lands, waters, and sacred sites.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the President of the United States, the President of the United States Senate, the Senate Majority Leader, the Senate Minority Leader, the Speaker of the United States House of Representatives, the Minority Leader of the United States House of Representatives, the Principal Deputy Assistant Secretary of the Bureau of Indian Affairs in the United States Department of the Interior, the Commanding General and Chief of Engineers in the United States Army Corps of Engineers, the Chairman of the Standing Rock Sioux Tribal Council, and each member of Congress elected from the State of New Jersey.
STATEMENT
This concurrent resolution supports the Standing Rock Sioux Tribe's opposition to the construction of the Dakota Access Pipeline (DAPL) across the Tribe's ancestral lands, waters, and sacred sites.
The proposed DAPL by the Energy Transfer Partners and its affiliates would be a 1,168-mile, 30-inch diameter pipeline, which would carry as much as 570,000 barrels per day of Bakken crude oil from western North Dakota to Illinois. The DAPL would run across or beneath 209 rivers, creeks, and tributaries, including the Missouri River, which provides drinking water and irrigates agricultural land in communities across the Midwest, serving nearly 10 million people. Indian treaties such as the Treaty of Fort Laramie are recognized by the United States Constitution and require consultation and cooperation by the United States with its Indian treaty partner before any federal action is taken that affects treaty lands, territories, waters, or other resources. Article 32 of the United Nations Declaration on the Rights of Indigenous People (UN DRIP) provides that governments shall consult with indigenous peoples "in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources."
The U.S. Department of Justice, the U.S. Department of the Army, and the U.S. Department of the Interior issued a joint statement on September 9, 2016 indicating that the U.S. Department of the Army would not authorize constructing the DAPL on Corps land bordering or under Lake Oahe until it can determine whether it would need to reconsider any of its previous decisions regarding the Lake Oahe site under the "National Environmental Policy Act" or other federal laws. The U.S. Army Corps of Engineers failed to consult with or obtain the free, prior, and informed consent of the Standing Rock Sioux Tribe as required by the Treaty of Fort Laramie, the UN DRIP, and other federal and international laws, before issuing a "Mitigated Finding of No Significant Impact" that would result in an easement for horizontal directional drilling for the DAPL.
At least 19 United States city governments have passed resolutions or written letters opposing the construction of DAPL, including Berkeley, Cleveland, Oakland, Portland, Oregon, Saint Paul, Santa Barbara, and Seattle. On December 4, 2016, after weeks of growing protests, the United States Army Corps of Engineers announced that it would not issue a permit for the construction of a stretch of the DAPL in North Dakota. There has also been deep opposition from the Standing Rock Sioux Tribe, farmers, scientists, more than 30 environmental advocacy groups, and other Tribal nations along the proposed route.
