Tribal rights have been a touchy subject at the Public Utility Commission’s Keystone XL hearing in Pierre. A pre-hearing order issued by the commission excludes aboriginal title arguments, but not discussion of treaty rights, a distinction attorneys don’t agree on. The pipeline, if built, crosses the western half of South Dakota, over territory set aside for the tribes of the Great Sioux Nation by the Fort Laramie Treaties, and although most of that land is now out of trust, certain laws still apply.