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Permit for Pipeline Reconstruction Near Sacred Site Rescinded

St. Paul, MN — Minnesota regulators have rescinded a controversial permit allowing Magellan Pipeline Co. to reconstruct a petroleum pipeline near Pipestone National Monument, following sustained opposition from tribal nations, community groups, and environmental advocates. The decision, made during a recent Minnesota Public Utilities Commission (PUC) public hearing, reflects mounting pressure to safeguard the sacred site and its surrounding environment.

The PUC unanimously voted to revoke the route permit granted in Oct. 2024 and favored the RA-01 pipeline route (alternative proposed by the Mille Lacs Band of Ojibwe — 13.1 miles long), citing inadequate tribal consultation and incomplete cultural and archaeological surveys. Commissioners ordered Magellan to conduct comprehensive surveys of all remaining route alternatives and to coordinate with tribal nations to address concerns before submitting a new permit application.

Tribal Advocacy and Sacred Lands at Risk

Pipestone National Monument, established in 1937, is a site of spiritual significance for Indigenous nations across North America. For thousands of years, Indigenous people have quarried catlinite, or pipestone, from the area to create ceremonial pipes. The monument remains a sacred gathering place for rituals, ceremonies, and spiritual reflection.

In a letter to the PUC, Samantha Odegard, Tribal Historic Preservation Officer for the Upper Sioux Community, emphasized the tribe’s unwavering opposition to the pipeline. “Our stance has consistently been one of firm opposition to any pipeline that poses a risk to the sacred stone, cultural sites, and landscape that has been revered for millennia,” she wrote, adding that mitigation participation should not be seen as condoning the project. The Upper Sioux Community expressed solidarity with other tribal nations and organizations in their efforts to safeguard Pipestone.

The Brave Heart Society, led by Faith Spotted Eagle, also highlighted the project’s risks to sacred sites, cultural resources, and the environment. Their letter argued that the pipestone at the national monument is scarce — just 11-18 inches thick and confined to a narrow zone — which underscores the need for federal intervention. “Archeological evidence proves that the pipestone has been quarried by the Indigenous tribes of North America for at least 3,000 years,” the Society stated, calling for protection of the stone as a sacred resource.

Cultural Surveys and Land Access Challenges

During the PUC hearing, detailed discussions revealed the phased approach needed for cultural surveys:

  • Phase 1: Desktop analyses and field inspections to identify potential culturally significant sites.
  • Phase 2: Preliminary fieldwork requiring access to private property.
  • Phase 3: Comprehensive mitigation if culturally significant findings are uncovered.

Magellan representatives acknowledged that landowner permissions would be required to complete the surveys, creating challenges for accessing private property. Tribal representatives called for qualified consultants with deep cultural knowledge to ensure the surveys adequately address tribal concerns.

The Brave Heart Society recommended that the Minnesota Indian Affairs Council and State Historic Preservation Officer receive specialized training on pipestone and that tribal representatives oversee contractor selection. They stressed the importance of ensuring that survey teams understand the cultural significance of the area.

Public Voices Raised

Community and tribal representatives provided strong testimony during the hearing:

  • Debra Topping, a pipe carrier and member of the Fond du Lac Band of Lake Superior Chippewa, stated, “I do not believe that [RA-01] would be adequate. It’s too close to the monument.”
  • A Lower Sioux Community Representative raised logistical concerns about accessing private property for surveys, stating, “How is that going to affect the process moving forward?”
  • Faith Spotted Eagle of the Brave Heart Society emphasized the importance of engaging all 23 federally affiliated tribes connected to Pipestone National Monument.

Public letters and petitions — over 180 submitted — repeatedly called for removing routes near the monument, emphasizing the risks of environmental degradation and cultural harm.

Permit Rescission and Next Steps

PUC commissioners reflected on the need for stronger engagement with tribal nations and the public. Commissioner Hwikwon Ham acknowledged past missteps, and said, “When they spoke in unison voice, we have to pay additional attention. This is not just about efficiency, but about building trust and relationships with tribal nations.”

The revised permit process now requires Magellan to:

  • Conduct full cultural, archaeological, and historical surveys for routes RA-01 and RA-03.
  • Exclude RA-02 (Route proposed by the Magellan Pipeline Co. — 3.4 miles long), the route closest to Pipestone National Monument.
  • Coordinate with tribal nations in selecting consultants and reviewing survey results at every stage of the process.
  • Provide compliance filings detailing survey findings and consultations before the PUC makes any final decisions.
Overview Map of Route Alternatives (RA-1, RA-2, RA-3) from CEA (comparative environmental analysis) via MN PUC docket IP-7109/PPL-23-109

Balancing Act of Development and Preservation

The case represents a pivotal moment in infrastructure regulation near sacred sites, where cultural preservation and environmental justice intersect with energy development.

For tribal nations and community advocates, the fight to protect Pipestone National Monument is about safeguarding history, spirituality, and sovereignty. Jason Chauska Sharp drove from St. Cloud with his father to attend the hearing on Tuesday and said, “We’ve already lost so much as tribal people.” underscoring the broader struggle to protect sacred spaces.

As the PUC reevaluates the pipeline project, tribal and public voices remain central to shaping its outcome and they will continue to watch closely as there are new developments.

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