Letter to Joe Biden, President - Rep. Ilhan Omar, Members of Congress, Minnesota Lawmakers Call for Urgent Intervention Amidst Line 3 Construction

Letter

Dear President Biden:
We are writing to ask for your urgent intervention to protect Indigenous sovereignty amidst the
construction of the Enbridge Line 3 pipeline in northern Minnesota. In recent weeks, we have
seen concerning violations of treaty rights by public agencies and private actors, ongoing
violence against Indigenous women, and environmental impacts that will have long-lasting
impacts on hunting, fishing, and wild rice gathering as we grapple with the climate crisis. We ask
that the Department of Interior uphold the rights guaranteed to Indigenous people under federal
treaties and fulfill Tribal requests for a government-to-government meeting concerning Line 3.1
Over three-quarters of Minnesota is in a state of severe drought, with the areas impacted by Line
construction classified as severe to extreme. The region has experienced multiple wildfires in
recent weeks due the extraordinarily dry conditions, and some of Minnesota's most iconic
waterfalls are the driest they've been in generations.
Statewide, we've witnessed recordbreaking heatwaves throughout the summer.5 These weather events are clear signs of the
growing danger of climate change on every aspect of our lives. They also foreshadow the
devastating impacts expected for wild rice and native ecosystems vital to Indigenous culture and
protected under treaties.
In this context, the Minnesota Department of Natural Resources
recently allowed Enbridge to remove an additional 4.5 billion gallons of water from seasonal
wetlands during construction, without undergoing additional environmental review or
assessment of impacts on treaty rights. When such massive environmental changes during
construction are weighed alongside the long-term impacts of climate change driven by ongoing
Line 3-related emissions, it appears clear that we are not upholding our obligations under treaties
to preserve ecosystems that are economically and culturally vital to Indigenous nations.
Relatedly, state agencies and local law enforcement entities have taken steps that appear to be
clear violations of Tribal rights, as well as financial conflicts of interest. Earlier this year, the
Minnesota Departments of Transportation and Public Safety attempted to "evict" a treaty camp, leading local law enforcement to arrive to the camp with police dogs in what many on the scene
described as a show of intimidation. While the state agencies rescinded their order, there
continue to be arrests of Indigenous leaders who are acting under Tribal law. Law enforcement
entities in the region have received around $2 million from Enbridge to pay for police activity
against water protectors, which has included staggering levels of violence, tear gas, and rubber
bullets. While Enbridge was required to pay these costs under project permits, leaders have
noted they create a conflict of interest as law enforcement are incentivized to increase patrols and
arrests surrounding pipeline construction. There have also been reports of federal surveillance by
the Department of Homeland Security, raising additional concerns of the extent of law
enforcement response.
As law enforcement focuses on water protectors, the influx of temporary residents in the region
has exacerbated the concerns of violence and health threats to local communities -- and to
Indigenous people in particular. In its 2020 report to the Minnesota Legislature, the Missing and
Murdered Indigenous Women Task Force noted the risks on Indigenous women associated with
Line 3 and other projects of this nature and predicted that construction would lead to more
violence against Indigenous women.
Lastly, Tribal leaders have highlighted that the cultural studies required under law were not
adequate considering the diversity of Indigenous history and culture throughout the region.
When completing historical and cultural reviews of the sites, Enbridge did not include key
stakeholders in the Tribal Cultural Resource Management survey team. The Fond du Lac Band
of Lake Superior Chippewa, Mille Lacs Band of Ojibwe, Leech Lake Band of Ojibwe, White
Earth Band of Ojibwe, and Red Lake Band of Chippewa challenged the cultural studies in
court, but were unsuccessful in having their claims heard by the Minnesota Supreme Court.

There is no ongoing consultation -- let alone consent -- from all Tribes in Minnesota.16 We
believe the federal government has a responsibility to review these concerns raised by sovereign
Tribal nations.
When considering the extent of environmental, cultural, and social impacts on Indigenous people
associated with Line 3 construction and its long-term climate impacts, we believe the federal
government has a responsibility to uphold treaties and engage with Tribal nations on a
government-to-government level. We look forward to receiving your response as soon as
possible.