Yesterday's Presidential Memorandum leaves some ambiguity regarding protection of tribal rights. The Memorandum broadly calls for the Army to "review and approve in an expedited manner, to the extent permitted by law and as warranted, and with such conditions as are necessary or appropriate, requests for approvals to construct and operate the DAPL, including easements or rights-of-way to cross Federal areas." However it then appears to qualify this as to the Lake Oahe easement, instructing the Army to:
consider, to the extent permitted by law and as warranted, whether to rescind or modify the memorandum by the Assistant Secretary of the Army for Civil Works dated December 4, 2016 (Proposed Dakota Access Pipeline Crossing at Lake Oahe, North Dakota)....The Guardian reports that supporters of the Standing Rock Sioux say they will fight the President's action. Tribal chairman Dave Archambault said: "President Trump is legally required to honor our treaty rights and provide a fair and reasonable pipeline process."