unitrtt Etatrs Earnatr

WASHINGTON, DC 20510
February 1, 2017

The Honorable Donald Trump

President of the United States of America
The White House

1600 Ave, NW
Washington, DC 20500

Dear President Trump:

As the former Chairs, and current Ranking Member, of the United States Senate Committee on
Indian Affairs, we write to express our concern about the Presidential Memorandum issued
January 24, 2017 and reports that the Army Corps of Engineers intends to grant a final easement
allowing construction ofthe Dakota Access Pipeline without appropriate consultation with the
Standing Rock Sioux Tribe and due process.

This project would carry more than 500,000 barrels ofoil each day while crossing underneath the
Missouri River (at Lake Oahu) less than one-half mile north ofthe Standing Rock Sioux
Reservation. This body of water is vital to the Tribe as well as the region. It provides drinking
water, habitat for fish, wildlife and plants that sustain the Tribe, and is critical for sacred
ceremonies.

It is for these reasons that the United States Department of the Army (through the Army Corps of
Engineers) made the determination that an Environmental Impact Statement (EIS) is necessary to
assess the impact that granting an easement at this location would have on the Tribe, the
environment, and all those who rely on the Missouri River for their livelihood. This process has
started, with the Army soliciting comments on the scope of an EIS.

It appears that your memorandum and the reported decision to grant the easement, seeks to
truncate and override the EIS process and predetermine an outcome. This causes us a great deal
of concern. Long standing legal precedent requires the United States to uphold its trust
responsibility to tribes and protect the lands and resources that were guaranteed to them by
treaty. By ?expediting? this process and proceeding without appropriate consultation and
pushing for a predetermined outcome, the United States would be turning its back on its most
solemn trust responsibility to the Tribe. We are deeply concerned and believe the United States
must uphold its trust and treaty obligations to the Tribe and respect the self?determination and
wishes ofall tribal nations.

For the last forty years federal policy, with respect to American Indian affairs, has recognized the
federal government?s responsibility to support tribal sovereignty and self?determination, a policy
that was heralded by President Nixon and furthered under President Reagan. This policy
requires the United States to engage with tribal governments on a government-to-government
basis. Your January 24th memorandum was issued without any consultation by you or your staff
with the Standing Rock Sioux Tribe.

Your January 24th memorandum requires that the Army Corps of Engineers carry out your
directive to ?the extent permitted by law.? We believe existing law requires the Army to
complete the already published EIS process, including notice and comment, and appropriate
consultation with impacted parties. To do anything less, would undermine the rule of law and
US. responsibilities to the Tribe.

We ask that you uphold the United States? legal and moral responsibility to meaningfully consult
with the Standing Rock Sioux Tribe before taking any further action with respect to the Dakota
Access Pipeline. All federal agencies involved in the project should meaning?Jlly consult with
the Tribe before proceeding, and the US. Department of the Army should complete the EIS
process with meaningful consultation with the Tribe. It is extremely important to fully
understand the cumulative environmental and social impacts of a project of this scale. A full
assessment of this project and possible must continue, and we would like to request updates on
its progress.

We look forward to your response.

Sincerely,

 01v? 

Maria Cantwell Tom Udall 
US. Senator US. Senator

on Tester
US. Senator

Ix.)