The Corps of Engineers has established a free speech zone on land south of the Cannonball River for anyone wishing to peaceably protest the Dakota Access pipeline project, subject to the rules of 36 C.F.R. Part 327. In these areas, jurisdiction for police, fire, and medical response is better defined making it a more sustainable area for visitors to endure the harsh North Dakota winter. For your reference, please find enclosed a map, marked as Exhibit A, which delineates this free speech zone area, as well as shows the Corps’ lands north of the Cannonball River that will be prohibited from public use. Any person found to be on the Corps’ lands north of the Cannonball River after December 5, 2016, will be considered trespassing and may be subject to prosecution under federal, state, and local laws. Furthermore, any person who chooses to stay on these Corps’ lands north of the Cannonball River does so at their own risk, and assumes any and all corresponding liabilities for their unlawful presence and occupation of such lands. There currently are many Title 36 violations occurring on the Corps’ lands north of the Cannonball River, including, but not limited to, unauthorized structures, fires, improper disposal of waste, and camping. Additionally, any tribal government that sponsors such illegal activity is assuming the risk for those persons who remain on these lands. See 36 C.F.R. § 327.
As I have publically stated, I am asking you, as a Tribal leader, to encourage members of your Tribe, as well as any non-members who support you who are located in the encampments north of the Cannonball River on Corps’ lands to immediately and peacefully move to the free speech zone south of the Cannonball River or to a more sustainable location for the winter. I am genuinely concerned for the safety and well-being of both the members of your Tribe and the general public located at these encampments.
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