Governor of South Dakota "not welcome" in reserves for opposition to Keystone protesters, says Oglala Sioux Tribe

Oglala Sioux tribal leaders told the governor of South Dakota that she was no longer invited to visit their territory after signing two bills to regulate protests against the Keystone XL pipeline project.

In a letter sent on May 2 to Governor Kristi Noem, tribal president, Julian Bear Runner, said that "under the unanimous action of the Oglala Sioux Tribal Council as of the 1st May 2019 ", the Republican governor was not welcome to visit their home. Ridge Reserve in southwestern South Dakota until it cancels support for both laws.

The reserve is located on "a strip of land the size of Delaware and Rhode Island combined," according to a press release issued by the Lakota People's Law Project.

The bills, SB 189 and SB 190, were introduced by Noem and have the force of law on March 27, according to a press release from the state of South Dakota. SB 189 has set up a fund to recover the damages of third parties "to compensate for the costs of escalating riots". According to the law, a person is responsible for reinforcing riots if he takes part in a riot or if he "directs, advises, encourages or solicits third parties". persons participating in the riot to acts of force or violence ".

SB 190 was created with the aim of creating a PEACE fund to cover administrative costs and "extraordinary expenses", which result from "opposition to a project that would not have been undertaken without a construction pipeline" and can cover the performance of law enforcement officers, the duties arising from the construction of the pipeline and the prosecution of criminal offenses.

James North / AP, FILE

"I fully support freedom of speech and assembly, but we must also have clear expectations and the rule of law," Noem said after signing the bills. "My gas pipeline bills clearly indicate that we will not let rioters control our economic development. These bills support constitutional rights while also protecting our people, our counties, our environment and our state. "

The letter of the tribe said that Noem's idea of ​​reinforcing the riots "[was] to be pleaded against and [would] The letter also said that the tribe was "particularly offended" that the governor had consulted with TransCanada, the company that builds the pipeline, but not the Sioux nation's tribe or sovereign bands before the bills were introduced, even though their lands be traversed and endangered "by the pipeline.

Bear Runner's letter also recalled that a "previous president" had said the pipeline was dangerous and shut it down, referring to President Barack Obama's decision to reject the proposed pipeline in 2015.

"How can you claim to criminalize those who would agree with this previous presidential judgment and therefore take drastic measures to resist dangerous infrastructures?" Asks the letter.

Tribal leaders said the tribal council should cancel its action so that the governor is allowed to visit the Pine Ridge reserve, and that the disrespect of this action, which could include a visit to their land without the benefit of the land. permission of the tribal government, let them "no choice but to banish it".

In response to this letter, Noem's press officer, Kristin Wileman, said in a statement that Noem "spent a lot of time in Pine Ridge building relationships with tribal members, visiting businesses, discussing economic development and working with leaders, "and announced that" inconsistent with the interactions she has had with community members. "

Lane Hickenbottom / Reuters, FILE

"It is unfortunate that the governor was welcomed by Oglala Sioux's leadership when resources were needed during recent storms, but communication was interrupted when she attempted to interact directly with members of the community. Pine Ridge community, "said Wileman in his release. "The governor will continue to work to dialogue with tribal members, stay in touch with tribal leaders and continue her efforts to build relationships with the tribes."

Chase Iron Eyes, president Running Bear's public relations liaison, told ABC News that Noem had been welcomed into the reserve after her visit with members of the National Guard after the storm – but that she had since made two stops without contacting the leaders. He said recent Governor's visits, new laws and his consultations with TransCanada had pushed the tribe to make a decision.

Iron Eyes said that he did not remember a situation in which a governor in office or elected one had been banned from the reserve and that the tribal council had never deliberated banishment and did not he was not expecting it to reach that point.

The American Civil Liberties Union and the ACLU of South Dakota filed a federal lawsuit in April over three South Dakota laws dealing with protests, including the law on the reinforcement of riots. The trial said the laws "violate the first and fourteenth constitutional amendments by targeting and cooling protected speech, and by not adequately describing the speech or behavior that could subject the protesters and organizations to sanctions. criminal and civil, "according to the ACLU.

In South Dakota, riots are a class 4 crime punishable by up to 10 years in prison. Encouraging or soliciting violence in a riot is a class 2 crime punishable by up to 25 years imprisonment, and encouraging a riot without participating is a class 5 crime punishable by up to 5 years in prison .

The proposed Keystone XL Pipeline would transport crude oil from Hardisty, Alberta, Canada, south to Steele City, Nebraska, through the province of Saskatchewan and the states of Montana and South Dakota.

Although the Obama administration rejected the pipeline proposal in 2015, President Donald Trump overturned this decision in 2017. A Montana federal judge then blocked the reversal in November 2018 because the Trump administration had "Ignored information regarding the environmental impact of the pipeline", although Trump issued a new building permit in March.