Minnesota regulators require studies along possible routes before pipeline construction near sacred site

On Tuesday members of the Minnesota Public Utilities Commission rescinded a September decision to grant a specific route permit for a gas line near Pipestone National Monument, a site sacred to tribal nations. 

Regulators moved the process forward by requiring Magellan Pipeline Company to coordinate with tribal nations on completing an archaeological study along two possible, separate routes that put distance between the pipeline and the pipestone quarries. 

The pipeline that closed in 2022 cuts diagonally across the monument. That line pumped gas between Sioux Falls, S.D., and Marshall, a part of a large network of pipelines which run between Texas and Minnesota.  

One of the routes is 13 miles in length and crosses approximately 200 acres of land—northwest of the inactive line. The other route is even farther away. At almost 19 miles in length, it crosses approximately 285 acres of land southeast of the inactive line. 

The PUC voted in favor of the modified permit on a 4-0 vote, absent Commissioner Valerie Means. 

Samantha Odegard is a tribal historic preservation officer for the Upper Sioux Indian Community, a Dakota nation located in western Minnesota. Upper Sioux Indian Community was among the tribal nations who submitted letters and resolutions opposing any routing of a gas line near the quarry or through the surrounding areas saying construction of the line poses “unacceptable risks” to the pipestone formation, nearby archaeological sites, water and wildlife. 

Odegard says she sees the PUC’s decision to pull back and focus on archaeological study as aligning with the ways tribes often coordinate with federal agencies on similar projects. Those processes, she says, can be slower and more involved. 

“What I am seeing is that the PUC is kind of learning that [process] and trying to understand that [process] when it comes to working with and considering the stance of multiple tribes across multiple states, and not just the tribal nations in the state of Minnesota,” Odegard said. 

In September, the PUC approved a permit requiring technical coordination and political consultation from four tribes — two in South Dakota and two in Minnesota. 

The modified permit process requires the company to coordinate and consult with more than a dozen more tribal nations across the Midwest and Great Plains regions. 

Approximately a hundred Indigenous people attended the PUC’s meeting in downtown St. Paul Tuesday morning. 

Chair of the Cheyenne River Sioux Tribe Ryman LeBeau traveled from South Dakota to attend the meeting. LeBeau said he also heard the PUC take a step forward in how they are discussing how to work with tribes. LeBeau emphasized the need for coordination with tribes on the archaeological survey. 

“We think that’s a good language to use where the tribes will have to be part of the process and have a voice in the overall research that’s done,” LeBeau said following the hearing. “It’s better than having an approved route like they did prior.” 

The PUC’s revised permit will also require the pipeline company to consult with the Minnesota Indian Affairs Council, a legislative agency made up of 10 of the 11 tribal nations in Minnesota, to identify who will conduct the archeological survey. 

Annell Morrow, a spokesperson for Magellan Pipeline said the company will continue to work with state, local and tribal governments “to determine the best route with minimal impacts to all stakeholders that also respects the cultural significance of the area.” 

Magellan Pipeline Company supplies over half of the gasoline, diesel and jet fuel used by consumers in eastern North Dakota, eastern South Dakota and western Minnesota. The company is owned by ONEOK, Inc., an Oklahoma-based company.  

For the past several years, the company says its decision to reopen the line complied with regulations meant to lower gas costs for consumers at the pump. 

The revised permit requires Magellan Pipeline Company to coordinate with the following tribal nations or tribally affiliated organizations:

• Brave Heart Society 

• Cheyenne River Sioux Tribe 

• Flandreau Santee Sioux Tribe 

• Lower Brule Sioux Community 

• Lower Sioux Community  

• Otoe-Missouria Tribe  

• Prairie Island Indian Community 

• Rosebud Sioux Tribe 

• Santee Sioux Nation 

• Shakopee Mdewakanton Sioux Community 

• Standing Rock Sioux Tribe 

• Upper Sioux Community 

• White Earth Band of Minnesota Chippewa Tribe 

• Yankton Sioux Tribe 

The 300-plus acre Pipestone National Monument consists of pipestone pits surrounded by a tall grass prairie. Created by Congress in 1937, the monument is administered by the National Park Service.

The park’s leadership and staff work with 23 tribal nations with historical ties to the site. The soft, reddish-brown stone — also known as catlinite — is quarried by Indigenous people for carving pipes and works of art. 

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