2.) July 25, 2016: John W. Henderson, Army Corps, Approves Flowage Easements, While Knowing About & Ignoring Tribes Objection & Concerns

    This is “Part 2” concerning “DAPL was illegally approved through acts of EXTORTION“.  

   Everything throughout this page and each additional section of the “illegal approval process” is available in both downloadable PDF pages, also via written format,, with hyperlinks to source pages for the information.

DAPL-Mapped: #2 – John W. Henderson Illegally Authorized Federal Flowage Easements

Note:  The aforementioned flowage easement authorization may be accessed HERE:

http://cdm16021.contentdm.oclc.org/cdm/ref/collection/p16021coll7/id/2427

Part 3:  What did John Henderson approve?

    Inside the Environmental Assessment John W. Henderson approved:

3.)  3-30-2015:  Robert Demery, former BIA Agent, Only Standing Rock Agent Contacted by DAPL Requesting Comments, No Longer Worked There @ The Time

Written version of the above PDF:

Note:  Sections which are pertinent to the line of reasoning of this case are highlighted in red.

    On July 25, 2016, Colonel John W. Hendersonacting under the title of Commander and District Engineer of the Army Corps of Engineers – Omaha District, Authorized “Dakota Access Pipeline (DAPL) Project to cross federal real property interests administered by the District. Specifically, the DAPL project would cross federal flowage easements near the upper end of Lake Sakakawea, north of the Missouri River in Williams CountyNorth Dakota, and federally-owned property at Lake Oahe in Morton and Emmons counties, North Dakota”, via signing a 1261 page set of documents entitled “ENVIRONMENTAL ASSESSMENT for Dakota Access Pipeline Project; ‘Crossings of Flowage Easements and Federal lands“.

    On page 2, the document claims:  “The Standing Rock Sioux Tribe (SRST) and other tribal governments object to the pipeline and its alignment because the proposed route crosses under Lake Oahe a few miles upstream of the SRST water intakes.  Tribes are concerned that a leak or rupture would contaminate the river, including the SRST‘s drinking water.  The tribes argue the Omaha District did not adequately consult on the DAPL pipeline alignment.  The Environmental Assessment establishes that the District made a good faith effort to consult with the tribes and that it considered all tribal comments.  In addition, the pipeline will be located under Lake Oahe, and Dakota Access has developed response and action plans, and will include several monitoring systems, shut-off valves and other safety features to minimize the risk of spills and reduce or remediate any potential damages.

Tribes are also concerned that the installation of the pipeline and a potential leak or rupture could damage or destroy cultural and sacred resources in the area.  The District referenced a Class I Literature Review performed by Dakota Access, as well as existing Corps of Engineers Class III surveys and the North Dakota State Historic Preservation Office (SHPO) Guidelines Manual for Cultural Resources Inventory Projects as part of the National Historic Preservation Act (NHPA) Section 106 evaluation.  Section 106 consultation/coordination with Tribal governments and members, THPOs, the SHPO, the Advisory Council on Historic Preservation (ACHP), and other interested parties began in September 2014.  The Corps conducted formal government-to-government consultation with tribal representatives via meetings; site visits; distribution of pertinent information; conference calls, and emails in order to inform tribal governments and private members, and to better understand their concerns.  The Corps’ EA administrative record details over 250 interactions between District and Dakota Access representatives and consulting parties (Tribes, THPOs, the SHPO, ACHP, and interested parties) for the DAPL project.  All information received during the Section 106 process was considered during the Corps decision-making process.  Ultimately, the District made a “No Historic Properties Affected” determination, with which the North Dakota SHPO concurred in a letter dated April 26, 2016.  By letter dated June 2, 2016, the ACHP disputed the District’s finding under 36 C.F.R. Section 800.4(d)(iv)(A) and requested the ASA (CW) to prepare a summary of the decision and a rationale for the finding.  In a final agency decision sent to the ACHP by letter dated July 25, 2016, the ASA (CW) affirmed the agency decision and fulfilled USA CE Section 106 responsibilities for the Proposed Action.

On page 5, under the “Coordination and Public Review” section Colonel John W. Henderson claimed:  “Notifications were made to cooperating agencies, other federal, state and local agencies, and (both) signatory and non-signatory Tribes to the District Section 106 Programmatic Agreement.

On page 6 of the document, just before he signed his Authorization, Colonel John W. Henderson asserted the following to be true:  “I have evaluated the anticipated environmental, economic, cultural, and social effects, and any cumulative effects of the Proposed Action and determined that the Proposed Action is not injurious to the public interest and will not impair the usefulness of the federal projects.  Moreover, for the reasons stated herein and discussed in greater detail in the Environmental Assessment, the District granting the referenced Section 408 permissions does not constitute a major federal action that would significantly affect the quality of the human environment.  As a result, I have determined that preparation of an Environmental Impact Statement is not required.  This conclusion and the processes and documents supporting it are in compliance with all applicable laws, executive orders, regulations and guidelines.

Note:  The aforementioned flowage easement authorization may be accessed HERE:

http://cdm16021.contentdm.oclc.org/cdm/ref/collection/p16021coll7/id/2427

This page is in-the-making.

About The Omaha District’s Section 106 “Programmatic Agreement”:

The Army Corps. of Engineer Omaha District’s website claims the following in regards to the implementation of the  District Section 106 Programmatic Agreement:

In September 2001, the U.S. Army Corps of Engineers, Omaha District (Corps) made the decision to replace the existing Programmatic Agreement for implementation of Section 106 of the National Historic Preservation Act (NHPA), which was signed in 1993. The existing PA was an agreement between the Corps, the Nebraska, South Dakota, North Dakota and Montana State Historic Preservation Officers (SHPO), and the Advisory Council on Historic Preservation (ACHP). Since the signing of the agreement, a federal requirement came into effect that required the Corps to involve the Native American Tribes within the Missouri River Basin on the implementation of the Cultural Resources Program in the Omaha District, which is the upper Missouri River Basin.  The District and the consulting parties signed this agreement on April 13, 2004. The final PA included twenty-eight signatories; two federal agencies, sixteen Tribal governments, two Tribal historic preservation officers, four state preservation officers, one state agency and one private organization.

Note:  The above description of the District’s 106 Programmatic Agreement may be accessed HERE:

 http://www.nwo.usace.army.mil/Missions/Civil-Works/Cultural-Resources/Programmatic-Agreement/

Within the agreement, 

Note:  The (Omaha) District Section 106 Programmatic Agreement may be accessed HERE:  

http://cdm16021.contentdm.oclc.org/cdm/ref/collection/p16021coll7/id/2427

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