Published November 11, 2013, 10:41 AM

ND officials debate need for list of ‘special places’ to be protected

FARGO, N.D. — A divided North Dakota Industrial Commission soon will decide whether to designate special places subject to development restrictions to protect them from oil drilling or other development.

By: Patrick Springer, Forum News Service

FARGO, N.D. — A divided North Dakota Industrial Commission soon will decide whether to designate special places subject to development restrictions to protect them from oil drilling or other development.

The commission has discussed the possibility of a list of special sites for half a year, and Gov. Jack Dalrymple proposed more than 40 candidate sites on a tour in late August.

Spots include Little Missouri State Park, where Dalrymple made his announcement, Killdeer Mountain, roadless areas in the Little Missouri National Grasslands and the units of Theodore Roosevelt National Park.

Attorney General Wayne Stenehjem also is compiling a list and formulating a policy for “extraordinary places” that also will include the Little Missouri River as it winds through the western North Dakota Badlands.

Stenehjem planned to present his proposal to his fellow Industrial Commission members at the group’s Nov. 18 meeting, but he told The Forum of Fargo-Moorhead’s editorial board last week that it’s more likely that he will do so at the meeting slated for Dec. 19.

“There’s a lot of beautiful areas out there,” Stenehjem said, adding that the commission, which approves drilling permits, already imposes restrictions to try to minimize impacts.

However, he said, a formal procedure has been lacking, with decisions made on a case-by-case basis as the commission reviews drilling permits.

“I’m working on a plan I can present,” with requirements spelled out in administrative rules that, if passed under emergency provisions, could take effect early next year, Stenehjem said.

Public hearings and opportunities for public comment are included in the rule-making process, he said. Some conservation advocates have complained that the process of designating special places so far has not been open to public participation.

Restrictions could include requiring wells to be located a long distance from special places – say, two miles – or requiring pipe placement to avoid flaring natural gas, he said.

“Just a whole lot of things can be done,” Stenehjem said.

The attorney general said he has met informally with representatives of the oil industry as well as conservation groups to ensure support for his proposal.

In reviewing permits, the commission must balance the rights of mineral holders against the duty to protect landscapes, and must let the public be heard, Stenehjem said.

Devising a list of special places and procedures for developing around the sites would provide the industry greater clarity about how to proceed in certain areas, he said.

“I think industry might be happy if they know what that area is,” he added.

As an example, he said the commission required XTO to drill a well two miles from the Elkhorn Ranch, a unit of Theodore Roosevelt National Park and a ranch home of the great conservation president, instead of nearby, as the company originally proposed.

“I knew we were never going to put a well on the Elkhorn Ranch,” Stenehjem said.

Besides the Elkhorn Ranch and Little Missouri River, Stenehjem mentioned Killdeer Mountain and battlefield sites, Bullion Butte, and the national and state parks.

The lists Dalrymple and Stenehjem are contemplating appear to have a lot of overlaps, but the third member of the industrial commission, Agriculture Commissioner Doug Goehring, said he is not in favor of such lists.

“When you talk about special places, I would consider all of North Dakota special,” Goehring said. “It’s going to be case by case because every site’s unique,” he added, referring to the review of drilling permits.

“I would say we’re doing a good job of doing that, making sure there are stipulations that it’s developed in a responsible manner,” Goehring said, including reclamation requirements for wells and tank clusters.

Goehring has compiled a list of permits that have been issued with stipulations or were rejected, including a running total of the number of acres involved.

Over the past year, 2,741 permits were submitted to the Industrial Commission involving development of about 3.5 million mineral acres.

Of that total, 268 permits involved an “area of concern,” totaling about 343,000 acres.

Thirty-five of those permits, involving 45,000 acres, were rejected. Well placements on another 49 permits encompassing 63,000 acres were modified due to concerns about topography, erosion, watershed or soils.

In a final category, 463 permits affecting 560,000 mineral acres were approved with stipulations, such as shallow aquifer or surface water protection.

“Beauty is in the eye of the beholder,” Goehring said. “A lot of things I think are beautiful, people pooh-pooh,” including farm fields.

Goehring said he is concerned that if certain places are designated as special, restrictions on agricultural land eventually could result.

“Because there’s people there who would like to see us go back to buffalo commons,” Goehring said, referring to a prediction 20 years ago that vast tracts of the Great Plains would revert to sprawling rangeland for wild game, including buffalo.

- See more at: http://www.prairiebizmag.com/event/article/id/16715/group/Economic%20Development/#sthash.mhLxLGM9.dpuf

Published February 21, 2013, 12:00 AM

Industrial Commission upholds Killdeer Mountain drilling decision

BISMARCK — In a unanimous decision on Wednesday, the North Dakota Industrial Commission voted to uphold a recent decision allowing oil drilling in an area in Dunn County near Killdeer Mountain.

By: Bryan Horwath, The Dickinson Press

BISMARCK — In a unanimous decision on Wednesday, the North Dakota Industrial Commission voted to uphold a recent decision allowing oil drilling in an area in Dunn County near Killdeer Mountain.
The IC — comprised of North Dakota Gov. Jack Dalrymple, Attorney General Wayne Stenehjem and Agriculture Commissioner Doug Goehring — voted last month to approve a series of well pad sites to be developed by Hess Corp. Dunn County resident Loren Jepson and his legal counsel, Tom Gehrz of Mackoff Kellogg in Dickinson, filed an appeal of the January IC decision.
Jepson, who was not present at Wednesday’s monthly IC meeting at the State Capitol, had requested the commission take a second look at its decision based on several factors, including the presentation of incorrect information by Director of Mineral Resources Lynn Helms’ office.
“We were asked to reconsider order 20920 and the response is a recommendation to deny that request for reconsideration,” Helms told the commission before its vote. “The grounds that the appeal was brought on don’t meet the legal test for a reconsideration.”
Jepson and other Killdeer Mountain drilling opponents had requested that Hess drill in a different area near the pad sites in question, although Helms said such a move would create new mineral rights issues for landowners.
The land in question could hold as much as 3.5 millions barrels of oil, according to DMR estimates. Wednesday’s decision does not mean Jepson is out of options as far as appealing Hess’ drilling, but any future appeals would need to be brought in District Court.
An opposition to the drilling of up to eight wells near the sacred Native American destination Medicine Hole developed last year. A number of individuals voiced concerns ranging from added local truck traffic to wildlife management in the area and oil exploration encroachment into an area where Native American artifacts are known to have been found. In its decision last month, the IC added stipulations to its approval of the development of the land.
Hess must make an attempt to limit the flaring of natural gas on well sites and must alert the State Historical Society prior to site construction so an independent archeologist can check for artifacts, according to the IC’s original decision. Also, hydraulic fracturing can only occur in the area during the summer so as not to cause safety concerns with truck and school bus traffic on rural roads.
“I’m obviously disappointed with the decision,” Jepson said. “The thing that is most disappointing is that I didn’t even know there was a meeting (Wednesday). I think the story is that that the commission doesn’t let people know what they’re doing and what they’re talking about at these meetings.”
Gehrz sent a letter requesting that Jepson’s Killdeer Mountain appeal be heard at a later meeting. In his appeal, Jepson had also stated concerns that Helms was in a position of bias in his recommendation to the IC, an accusation rebuffed by Goehring.
“I cannot say that I have found at one time where (Helms) has approached us with a bias,” Goehring said. “Mr. Helms has given us options and provided pros and cons of situations. Still, we have to consider how we fulfill our obligations and duties.”
Goehring and Stenehjem stated that the time to provide information and evidence against drilling on the sites in question was before the matter came to the IC.
“I’m happy with the commission’s decision,” Helms said. “I truly believe that the right decision was made in this case. The grounds weren’t there to reconsider this case.
“Originally, this case was on the September (DMR hearing) docket and we continued it a month so that people could secure legal counsel and do research and come to the hearing prepared,” he said. “We actually re-opened the record for some additional written documents based on some archeological concerns and Hess’ plans around timing of the drilling. Normally, we wouldn’t do that. We really took our time with this case.”

http://www.thedickinsonpress.com/event/article/id/65904/

Industrial commission rejects Killdeer drilling request

February 20, 2013 4:55 pm  •  By BRIAN GEHRING | Bismarck Tribune

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The North Dakota Industrial Commission on Wednesday denied a Killdeer Mountains landowner’s request to reconsider a permit granted by the commission in January to drill eight new oil wells by Hess Corp.

Loren Jepson filed a request with the commission Feb. 7, saying among other things, state Mineral Resources Director Lynn Helms was biased in his recommendation to approve the new wells in an area where four already have been approved.

Hope Hogan, an assistant attorney general for the state, told the commission none of Jepson’s four reasons for requesting reconsideration were valid under state law.

Jepson’s attorney, Thomas Gehrz, said he was not given advanced notice of Wednesday’s meeting and requested a delay in a letter to the commission.

State Attorney General Wayne Stenehjem said the meetings are public record and notification is not required.

A second reason Jepson cited was not being given an opportunity to respond to testimony at a Jan. 24 meeting when the commission granted the permit.

Stenehjem said public comment was accepted at that meeting because of the high profile nature of the area in question.

Other contentions from Jepson that the commission did not follow proper procedure for allowing evidence in the matter and that Helms was biased also were rejected.

Neither Jepson nor his attorney were at Wednesday’s meeting.

Reach reporter Brian Gehring 250-8254 or brian.gehring@bismarcktribune.com.

Oil Drilling in the Killdeer Mountains

Oil Drilling in the Killdeer Mountains | Video

Jennifer Joas | 2/20/2013 

There are more than 8,000 wells drilling out oil in western North Dakota. But the proposal to put even more wells near the Killdeer Mountains has struck a cord with local landowners.

Loren Jepson appeared at an Industrial Commission meeting in January to speak in opposition to the proposed drilling. He, along with several others, were in favor of Hess drilling a three mile long lateral to reach the minerals.

The commission voted to approve the drilling. But since then he`s filed a petition for reconsideration by the Industrial Commission. In his petition he brought up several reasons for opposing the drilling, but the state says its too late.

"This was another issue that was no raised at the hearing in any way shape or form. So I don`t believe that established any grounds for reconsideration or re-hearing either," said Assistant Attorney General Hope Hogan.

The commission voted to deny his petition for reconsideration.
http://www.kfyrtv.com/News_Stories.asp?news=62215
http://www.kfyrtv.com/Video_News.asp?news=62215

Case No. 18618 RESPONSE OF HESS CORPORATION TO JEPSON PETITION FOR SUSPENSION, RECONSIDERATION AND REHEARING

BEFORE THE INDUSTRIAL COMMISSION
OF THE STATE OF NORTH DAKOTA
In the matter of the application of Hess )
Corporation for an order amending the )
applicable orders for the Little Knife - )
Bakken pool to authorize up to 8 horizontal )
wells to be drilled on four 1280-acre spacing )
units described as all of Sections 25 and 36, )
T. 146 N., R. 97 W. and all of Sections 14 )
and 23 and Sections 15 and 22, T. 147 N., R. )
97 W., and all of Sections 27 and 34, T. 148 )
N., R. 97 W., Dunn County, ND, and )
granting such other and further relief as may )
be appropriate. )
Case No. 18618
RESPONSE OF HESS
CORPORATION TO JEPSON
PETITION FOR SUSPENSION,
RECONSIDERATION AND
REHEARING
By application dated August 24, 2012, Hess Corporation ("Hess") requested that the
Commission authorize up to 8 horizontal wells to be drilled on each of four spacing units in the
Little Knife-Bakken pool on which then-current orders of the Commission authorized up to four
horizontal wells to be drilled. In accordance with the policies of the Commission, Hess
submitted affidavits and exhibits supporting its request for additional wells and the affidavits and
exhibits were received in the record without objection. However, Loren Jepson ("Jepson"), who
owns an interest in the surface of Section 1, Township 145 North, Range 97 West, directly south
of the spacing unit described as all of Sections 25 and 36, Township 146 North, Range 97 West,
filed a written objection and appeared at the hearing on October 24, 2012 and objected to the
request for authorization of additional wells that would have surface locations on the south end
of Section 36. Other individuals submitted comments by email prior to the hearing date. A
hearing was had on October 24, 2012 and the record was reopened on November 21, 2012 to
receive additional information on the schedule for site construction and the existence of any
known archeological sites. The Commission also included certain public documents in the
record in accordance with Section 28-32-25, N.D.C.C. The record of the case was closed on
January 7, 2013.
On January 24, 2013, the Commission at a scheduled meeting considered the approval of
an order in this case. There was considerable publicity about the scheduled meeting and to
afford the public and all interested parties an opportunity to attend the meeting, the meeting was
held in the Brynhild Haugland Room of the State Capitol. The Commission generously allowed
Jepson and a number of other members of the public, including those who had not previously
appeared in the case, an extended opportunity to comment. The record was not re-opened and
neither Jepson, nor any of the other individuals who offered comments on January 24 were
sworn and their comments do not constitute part of the record in this case. Later that day, the
Commission approved Order No. 20920, which authorized the infill wells requested by Hess but
imposed substantial safeguards and restrictions on drilling operations that are intended to address
the concerns of Jepson and others, including those who timely entered appearances in the case
and those who did not do so.
Jepson now seeks a suspension of Order No. 20920, reconsideration of Case No. 18618,
and a rehearing to allow the submission of additional evidence. Jepson's request is not supported
by the law or the facts and Hess in all things opposes the request.
1. Statutory Authority and Procedures. As authority for his petition, Jepson cites
N.D.C.C. §38-08-13 and N.D.A.C. §43-02-02-41. N.D.A.C. §43-02-02-41 relates to the
regulation of "subsurface minerals" such as volcanic ash, precious minerals, and carbonates.
§38-12-01(7), N.D.C.C. The rule addressing rehearing of oil and gas matters was repealed in
1992 and petitions for reconsideration or rehearing on oil and gas matters are governed by §§38-
08-13 and 28-32-50, N.D.C.C. Section 28-32-40, N.D.C.C., provides in part that a party seeking
reconsideration must "submit with the petition for reconsideration a statement of the specific
grounds upon which relief is requested or a statement of any further showing to be made in the
proceeding." There is no statutory authority, and no administrative rule, which authorizes the
"suspension" of an order while a petition for reconsideration or rehearing is considered. In fact,
it has long been held that the Commission has no authority to suspend an order pending
rehearing or to require the filing of a bond in such circumstances. Thomas Producing Company
v. Pan American Petroleum Corp., 229 F. Supp. 433, 435 (D.N.D.1964). Upon filing an appeal
to the District Court, an appellant may request a suspension of the order, but if the Commission
suspends the order, the Commission must fix the amount of a supersedeas bond running in favor
of the Commission for the use of any person who may suffer damage by reason of the suspension
of the order, and the order is only suspended upon filing the bond. §38-08-14(2), N.D.C.C.
The Industrial Commission is an administrative agency and its actions in deciding matters
presented to it are subject to Chapter 28-32, N.D.C.C., the "North Dakota Administrative
Agencies Practice Act." As such, the Commission is required to "make and state concisely and
explicitly its findings of fact and its separate conclusions of law and the order of the agency
based upon its findings and conclusions." §28-32-39 (1), N.D.C.C. Pursuant to §28-32-24,
N.D.C.C., the findings must be based upon evidence submitted in accordance with the Rules of
Evidence, as supplemented in accordance with §28-32-25, N.D.C.C. On appeal, orders of the
Commission are to be sustained "if the commission has regularly pursued its authority and its
findings and conclusions are sustained by the law and by substantial and credible evidence."
The Commission is authorized to appoint examiners, who have the power and duty to conduct
hearings and to prepare a report and recommendation for the disposition of the matter, which
report may be in the form of a proposed order. §§43-02-03-93, 43-02-03-95, and 43-02-03-98,
N.D.A.C. Petitions for review of a recommended order and oral arguments following the
issuance of a recommended order and pending issuance of a final order are expressly prohibited.
§43-02-03-90.3.
Against this statutory and regulatory backdrop, the Commission, through a duly
appointed examiner, conducted a hearing on October 24, 2012. Following the hearing, the
Commission received additional evidence in accordance with its statutory authority. On January
24, 2013, the examiner presented his report and recommended order in the form of a proposed
order to the Commission. Despite the prohibition against oral argument on a recommended
order, and in probable recognition of the substantial publicity this case has received, the
Commission patiently and admirably allowed Jepson, Jepson's attorney and a number of other
members of the public to make public comment at the January 24 meeting. The Commission
also allowed the Director of the Department of Mineral Resources, Lynn Helms, who was also
the examiner, to respond to the public comments and to explain his recommended order. The
Commission approved the recommended order, subject to an understanding with respect to the
need to minimize flaring.
2. Jepson's Basis for Rehearing or Reconsideration.
Jepson's primary objection regarding Order No. 20920 is that Mr. Helms, in presenting
his recommended order to the Commission, utilized an illustrative aid which set forth a number
of alternatives (the "Summary of Alternatives") that Mr. Helms considered in arriving at his
recommended order. Jepson asserts that the Summary of Alternatives should have been
transmitted to the parties of record in advance pursuant to Section 28-32-25. He argues that
some of the statements are "untrue" and "prejudiced." He complains that that Mr. Helms
incorrectly stated in the Summary of Alternatives that Section 36 is "approximately five miles
from Killdeer Mountain" instead of "within the Killdeer Mountain Range" and that he identified
a "rural residential subdivision" without stating the number of structures contained in Section 26.
He disputes Mr. Helms' estimation of how much of Section 36 is within the Killdeer Battlefield
study area even though Mr. Helms clearly displayed the plat with the depiction of the study area
to the Commission. He argues that Mr. Helms statement that no further development would
"leave more than three million barrels of oil stranded" is "inscrutable and impenetrable."
Initially, Hess disagrees with Jepson's characterizations. The record established at the
hearing and supplemented after notice to Jepson supports that Section 36 is located "in the
foothills to the southwest of Killdeer Mountain." See, for example, OGD SA, page 2, paragraph
2. A portion of Section 36 (as well as the portion of Section 1 on which Jepson and his family
reside) is located in the "Killdeer Mountain Battlefield Study Area" but is several miles from the
"Killdeer Mountain Battlefield Core Area" (OGD 1) and 2.8 miles from the Historic Marker for
the Battlefield (OGD SA). Section 26 does indeed include a residential subdivision and two
residences. The record does indeed establish that each additional well in this spacing unit is
expected to recover 433,000 barrels of oil and 7 (the difference between the eight requested wells
and the one existing well) times 433,000 barrels is 3,031,000 barrels. Hess Exhibit 6.
More importantly, however, while critical of the presentation Mr. Helms made to the
Commission in support of the recommended order, Jepson identifies no deficiencies in Order No.
20920 and identifies no "specific grounds" or "further showing to be made" that is material - or
that would make any difference in the outcome. The Summary of Alternatives is not part of the
evidentiary record in this case and is not cited in the order as support for any finding of fact.
Resolving whether Section 36 is "five miles from Killdeer Mountain" as stated by Mr. Helms or
"within the Killdeer Mountain Range" as urged by Jepson or "in the foothills to the southwest of
Killdeer Mountain" as described in OGD SA will not impact the outcome of this case.
Determining how many residential and commercial structures are located in Section 26 ("rural
residential subdivision, plus two additional residences" as stated by Mr. Helms or "two ...
residential structures and one ... commercial structure" as asserted by Jepson) will not impact the
outcome of this case.
Order No. 20920 is supported by findings and conclusions that are sustained by the law
and by substantial and credible evidence. In entering Order No. 20920, Mr. Helms, as examiner,
and the Commission, regularly pursued their respective authority. There is no basis in law
allowing, and Jepson has presented no cogent argument supporting, a suspension of Order No.
20920. He has not identified any grounds or further showing that will make any difference if a
rehearing or reconsideration is granted.
Hess recognizes that this case presents complex and difficult issues for the Commission
to resolve. The Commission must balance the interests of Hess as a lessee and its mineral
owners, including the State Department of Trust Lands, in realizing the economic benefits
against the legitimate concerns of Jepson and others who see their way of life impacted by oil
and gas development. In Order No. 20920, the Commission struck an appropriate compromise.
Order No. 20920 allows the oil and gas interests to be developed, which will provide substantial
benefits to the State of North Dakota through severance taxes and royalties to the Common
Schools Trust Fund, with appropriate restrictions to promote safety and preserve cultural and
other resources. Hess is committed to complying fully with the requirements of the Commission
and the State Department of Trust Lands.
For the foregoing reasons, Hess respectfully requests that Jepson's petition be denied.
Dated this 11th day of February, 2013.
HESS CORPORA nON
CROWLEY FLECK PLLP
Attorneys for the Applicant
Suite 600, 400 East Broadway
P.O. Box 2798
Bismarck. D 58502
By: John W. Morrison

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was on the 11th day of February,
2013, mailed and electronically mailed to the following:
Thomas A. Gehrz
Mackoff, Kellogg, Kirby & Kloster, p.e.
38 2nd Avenue East
Dickinson, ND 58601

JOHN W. MORRlSON

Published February 09, 2013, 12:00 AM

A mountain to climb

Continuing his fight to limit oil drilling around the Killdeer Mountains, Dunn County landowner Loren Jepson on Thursday filed a petition requesting a rehearing on a North Dakota Industrial Commission decision issued late last month.

By: Bryan Horwath, The Dickinson Press

Continuing his fight to limit oil drilling around the Killdeer Mountains, Dunn County landowner Loren Jepson on Thursday filed a petition requesting a rehearing on a North Dakota Industrial Commission decision issued late last month.

Through his attorney, Thomas Gehrz of Mackoff Kellogg in Dickinson, Jepson filed a formal appeal to the IC asking for a suspension of the commission’s Jan. 24 decision to allow Hess Corp. to drill up to eight wells in an area next to the Killdeer Mountains near a sacred Native American religious destination.

The nine-page appeal questions state Department of Mineral Resources Director Lynn Helms’ presentation of certain information while adivsing the IC.

“Helms asserted that ‘the proposed locations in case No. 18618 are approximately five miles from Killdeer Mountain’ and that statement is untrue on its face,” the appeal states. “The proposed well locations in this care are in fact located directly within the Killdeer Mountain Range.”

In a statement received by The Press Friday through DMR spokesperson Alison Ritter, Helms said “the petition for reconsideration will most likely be heard at the Feb. 20 meeting. Since the petition will be before the commission, we would not be able to elaborate on the circumstances any farther.”
In addition to Medicine Hole — a site considered sacred by many Native Americans — the area in question is known to be home to embedded artifacts and natural beauty, according to a number of archaeologists and conservationists. In his recommendation to the IC — which consists of Gov. Jack Dalrymple, Attorney General Wayne Stenehjen and Agricultural Commissioner Doug Goehring — Helms said leaving close to 3.5 million barrels of oil in the ground by not allowing Hess to drill in the area would go against state policy, which is to develop North Dakota’s mineral resources responsibly for the benefit of all North Dakotans.

Ritter said proper stipulations and safeguards for issues like added truck traffic and possible negative effects on native habitat in the area were addressed.

“As was laid out in the meeting (Jan. 24), the now approved locations are approximately five miles from Killdeer Mountain and Medicine Hole,” Ritter said. “Stipulations were placed to address the concerns of truck traffic and habitat. One stipulation places limits on when hydraulic fracturing is to take place. Another stipulation is to build the east pad location with fill only.”

Constructing the east pad with fill material would erase the need for excavation on that location, which would serve to preserve potential artifacts, the IC’s decision states. Under the ruling agreement, fracking could only occur between June 1 and Aug. 15 to minimize truck traffic on an area school bus route.

Also in the ruling, it was stated that Hess would be asked to work with Jepson to develop access to the wells that would minimize impact to residents. Gehrz said Friday that Hess has not been in contact with his client. An attempt to reach a Hess representative by The Press Friday was unsuccessful.

“Hess Corp. has made no attempt over the last few months to seek a reasonable resolution and has generally refused to return Jepson’s phone calls,” the appeal states. “Hess Corp. cannot be expected to look out for the interests of the landowners of North Dakota, as is the duty of the commission.”

When reached Thursday evening, Jepson said he doesn’t believe he and other opponents of the IC’s decision received a “fair shake.”

“We’re looking for the commission to reconsider its order,” Gehrz said. “We’d like the commission to take a further look at an option that would still allow Hess to drill, but in an area that wouldn’t be right across the street from my client.”

Jepson said he is not opposed to oil exploration, but feels that other options he says are feasible would be “better for everyone involved.” Ritter said Helms is “bound in statue to not only promote development, but also to regulate it” and added “there are many different parties he must protect in his role as director.”


The view from atop the Killdeer Mountains (photo by Bryan Horwath).
http://www.thedickinsonpress.com/event/article/id/65553/

Published February 07, 2013, 11:27 PM

$250,000 requested to study Killdeer Mountain

BISMARCK – A proposal in the state Senate seeks to provide $250,000 to do an archaeological study within the Battle of Killdeer Mountain study area, in part due to the encroachment of oil development.

By: Forum News Service, INFORUM

BISMARCK – A proposal in the state Senate seeks to provide $250,000 to do an archaeological study within the Battle of Killdeer Mountain study area, in part due to the encroachment of oil development.

Senate Majority Leader Rich Wardner, R-Dickinson, testified Thursday to the Senate Government & Veterans Affairs Committee in support of Senate Bill 2341, which would study an area of historical and cultural significance for the state that is also becoming affected by oil activity, he said.
Wardner said he believes oil can coexist with preserving cultural resources using horizontal drilling techniques.

The State Historical Society has surveyed only about 3 percent of the battlefield area, Director Merlan Paaverud told legislators.

Completing a study would allow the Historical Society to work with energy companies so they can avoid disturbing cultural resources, Paaverud said.

Fern Swenson, deputy state historic preservation officer, said there are 39 existing or proposed oil wells to date within the study area.

The North Dakota Industrial Commission recently approved a plan from Hess Corp. to drill up to eight oil wells in an area of the Killdeer Mountains that drew concerns from archaeologists, landowners, Native Americans and others.

---

http://www.thedickinsonpress.com/event/article/id/63079/publisher_ID/6/
http://oilpatchdispatch.areavoices.com/2013/02/07/money-requested-from-legislature-to-study-killdeer-mountain/
http://www.grandforksherald.com/event/article/id/256084/group/homepage/
http://www.inforum.com/event/article/id/389220/

Time To Survey The Killdeer Conflict Site

WEDNESDAY, FEBRUARY 6, 2013

Time To Survey The Killdeer Conflict Site

A map of General Sully's movements as he advanced and then fired on the Yanktonai Dakota and Hunkpapa Lakota at the Killdeer Mountain conflict site.

I received the following from Ms. Connie Triplett, ND State Senator, District 18, Grand Forks, ND. 

SB 2341 proposes to appropriate $250,000 to do an archaeological survey within the Killdeer Mountain battlefield study area. I am one of the co-sponsors of this bill. I am looking for people who may be willing and able to testify on the bill.

The bill will come up for hearing on Thursday, February 7, 2013 at 2:00 p.m. before the Senate Government & Veteran's Affairs Committee in the Missouri River Room.

"The 8th Minn Infantry Mounted in the Battle of Ta Ha Kouty" by Carl Ludwig Boeckmann

I have two reasons for supporting this bill. First, the State is intending to celebrate its 125th anniversary in 2014. That year is also the 150th anniversary of the incident on Killdeer Mountain (battle or massacre, depending on one's perspective). It seems to me that the State has an obligation to understand what happened there, as much as can be ascertained at this late date, and to make an effort to join with the affected tribes in commemorate the incident before it celebrates statehood yet again. I think it's important that people understand how the land we now call North Dakota came to be available for settlement and to acknowledge that it involved displacing others who had called the area home for a long time. I believe that knowledge and acknowledgment can bring understanding and healing.

About fifty North Dakota citizens, native and non-native, shown here showed up for the public hearing held by the ND Industrial Commission in January.

The second reason for supporting an archaeological study at this point in time is the imminent encroachment of oil development within the study area. There are already a number of wells on Killdeer Mountain and another has recently been sited on the edge of the study area defined by an earlier American Battlefield Protection study.

Whether the study proposed by this bill actually happens will depend in large part on the willingness of private landowners to allow archaeologists on their land, of course. I am hoping that at least some of them may be more willing to have this study completed now than they might have been in the past because of their own concerns about the encroachment of oil development. (Rob, please forward this email to other landowners on the mountain, especially those within the defined study area.)

From the south looking north to one part of Killdeer Mountain, compare to Carl Ludwig Boeckman's painting of Sully's advance above. Boeckman stayed remarkably true to the landscape.

In a recent ND Industrial Commission hearing, Gov. Dalrymple said it would be nice if there was some way that the members of the Industrial Commission could know in advance where the sensitive areas are. This bill would provide that information, at least for this one historically significant area (and it's good wildlife habitat, too!)

I understand that there may be hesitation on the part of tribal members to be supportive of this initiative for fear of disrupting tribal burial sites or other sacred sites. It is my hope that this work, if approved by the legislature, will be done in a manner that is sensitive to those concerns. Your presence at the hearing can help to define or limit the study as appropriate.

Medicine Hole is at the top of the eastern half of the Killdeer Mountain plateau. Women and children made a mad scramble up the plateau to escape artillery rounds.

I also know that Tom Isern has an application pending with the American Battlefield Protection Program to better define the exterior boundaries of the area. It is my hope that the work supported by this bill would be done in close concert with Tom's work, if his grant applicaton is approved.

I would respectfully request that everyone who receives this email forward it promptly to others who may be interested in attending the hearing. If you know for sure that you will be able to attend, please let me know. 

Thank you.

Connie Triplett

ND State Senator

District 18, Grand Forks

http://thefirstscout.blogspot.com/2013/02/time-to-survey-killdeer-conflict-site.html

The Killdeer Mountains: Living History and Sacredness

01/25/2013

The Killdeer Mountains: Living History and Sacredness

By Aaron Barth

Individuals concerned about what happens to the Killdeer Mountains chat before the public hearing at the Bismarck capitol on January 24, 2013.

The Killdeer Mountains in Dunn County, western North Dakota have been getting a lot of attention lately, especially after theNorth Dakota Industrial Commission decided to, well, industrialize the area, and allow the Hess Corporation to follow through with signed leases and drill and frack for oil there. The Grand Forks Herald reported on it here, and The Bismarck Tribune here. The Industrial Commission is composed of three individuals, including Jack Dalrymple, Wayne Stenehjem, and Doug Goehring. They have scheduled meetings with the Department of Mineral Resources and Lynn Helms, the sitting Director. It is important to remember that this was a public hearing, and at public hearings the public ought not to be shy about attending. This experiment America has going, our Democratic-Republic, necessitates these local meetings that have global implications.

On January 24, 2013, at 1:00pm (CST) the public hearing for the Killdeer Mountains was held in the capitol of Bismarck, North Dakota. It was Industrial Commission Case Number 18618 concerning sections 25 & 36, T. 146 N., R. 97 W, this about 30-35 miles north of Dickinson, North Dakota. Originally the hearing was scheduled in the Governor’s meeting room, a rather closed-off and secluded place. Because of the public turn-out, though, the hearing was relocated to the larger Brynhild Haugland room in the western wing of the capitol. I drove over from Fargo to Bismarck to attend the meeting, and while there scribbled down some notes and took some audio-video as well. The high-points, I thought, were in capturing two Native voices from two disparate cultures.

The first is a video from Theodora Birdbear of Mandaree, North Dakota (Mandaree is Mandan, Hidatsa and Arikara territory). The microphone on my Canon PowerShot SX260 HS captured the audio a bit, and just in case there are those of us hard-of-hearing, I provided transcript of Theodora’s testimony below.


Transcript:

…and he expressed the impact of oil and gas development, the industrialization of an area, which impacts the quality of that spiritual experience. I guess it’s kind of equivalent to having an oil well right beside your Catholic church or something. It’s parallel to that. So I wanted the commission to know that Fort Berthold does have a living connection to that area, and to consider that in your decision making. As people have said prior to this, technology is evolving, and to keep it [oil] in the ground is not wasting it. They are going to be after it in the future. What’s the rush? The rush is quick decisions, unplanned decisions, and unplanned impacts. So I just wanted to make a comment about our relationship with that area. It is still living today.

North Dakota Industrial Commissioners listen to Natives speak about the sacredness and history of the Killdeer Mountains.

Theodora remarks on how the Killdeer Mountains are a sanctuary, as sacred and sacrosanct as a Catholic Church, and to carry the analogy further, as a Lutheran or protestant church, a Synagogue, a Mosque, a Buddhist monastery, a Hindu temple, a Confucian temple, and so on. These spaces are sacrosanct in the sense that when an individual goes to the area to pray, they are really interested in having it as quiet. A library could also be considered a sacred space by this definition (libraries carry on that monastic-academic tradition of the deliberate contemplation of texts — this is arguably the antithesis of our hyper-industrial, full-throttle, 21st century world).

The other Native voice captured came by way of Dakota Goodhouse, who originally hails from the Standing Rock Sioux Reservation in south-central North Dakota (he shares the namesake of the state, which in English means ally or friend). Dakota gives some backdrop about the history of Killdeer Mountains as it pertains to the US-Dakota Wars, specifically the punitive campaigns carried out by General Alfred Sully west of the Missouri River circa 1864.
For some video context, Dakota is speaking and Lynn Helms is seated at the right. In this video excerpt, Dakota is remarking on how the encampment and battle boundaries are much larger and broader than what is delineated now (as of 01/25/2013), and how they need to be re-considered.

http://theedgeofthevillage.com/2013/01/25/killdeer-mountains-living-history-and-sacredness/

Democrat wanted gun debate

January 25, 2013 11:50 am  •  By NICK SMITH | Bismarck Tribune

Committee quotes

The North Dakota Industrial Commission spent more than two hours Thursday hearing details on a Hess Corp. proposal to drill up to eight wells at a location near the Killdeer Mountains. The plan, which was approved Thursday evening, would locate the wells near Medicine Hole, a site considered sacred to Native Americans. The site also is about three miles west of the Killdeer Mountain Battlefield Historic Site.

Testimony in opposition was given by a number of people at the hearing. Anne Marguerite Coyle, an associate professor of biology at Jamestown College, came to testify as an individual.

Coyle said as someone whose father was an executive of a small oil company, she understood the importance of oil drilling. However, she said, the rush to drill has largely pushed the debate on preservation and conservation aside from both members of the public and the state. She questioned the commission on the need for a balanced approach by the state to drilling.

“Do we have a balanced representation of those views on both sides? I don’t see that,” Coyle said.

Theodora Bird Bear, a Fort Berthold Indian Reservation resident, spoke of the historical and religious importance of Medicine Hole for Native Americans. She sought to compare the potential drilling near the site to that of drilling and imposing on sites of other’s religions.

“It’s like having an oil well next to your Catholic church,” Bird Bear said.

http://bismarcktribune.com/news/columnists/nick-smith/democrat-wanted-gun-debate/article_a3504f46-6717-11e2-b674-001a4bcf887a.html