Three federal agencies that interact with Indian tribes and Alaskan Natives on infrastructure matters were directed by the Obama administration to create a government-wide guidance on appropriate consultation with Indian tribes. They have issued their report.
Meanwhile, President Trump has directed the Army Corps of Engineers to “review and approve” the permits sought by Energy Partners to continue the work on the Dakota Access Pipeline.
Tribal Consultation: The Army Corps of Engineers, the Department of the Interior and the Justice Department collaborated on documenting an improved consultation process between the federal government and Indian governments, especially with respect to infrastructure projects that affect tribes and tribal lands and waters. The report itself was based on a broad consultation with tribes and includes a range of observations and recommendations from the people most affected. It was released just before the Inauguration.
And on the other hand, President Trump issued an [executive order] (/documents/242) on January 24 directing the Army Corps of Engineers to “review and approve” the permit needed to allow the Dakota Access Pipeline to go forward, under the Missouri River and down through the Ogallala Aquifer, the largest underground “sea” of water on this continent. Even this order, contrary as it is to ongoing government efforts to maintain respectful and consultative relationships with Native governments, is not a simple “go ahead.” Property ownership, the status of treaties and other legal issues will have to be debated and settled before the way is clear for DAPL.
