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North Dakota Delegation Urges Uninterrupted Operation of Dakota Access Pipeline

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Senator Kevin Cramer, US Senator for North Dakota | Senator Kevin Cramer Official website

Senator Kevin Cramer, US Senator for North Dakota | Senator Kevin Cramer Official website

Jan 31 2024

WASHINGTON – The North Dakota delegation, comprising U.S. Senators Kevin Cramer and John Hoeven, along with U.S. Representative Kelly Armstrong, has written a letter to the Assistant Secretary of the Army for Civil Works, calling for the uninterrupted operation of the Dakota Access Pipeline (DAPL). The delegation emphasizes the importance of concluding the ongoing environmental impact statement (EIS) process, which they describe as "seemingly endless."

The Dakota Access Pipeline has been subject to multiple examinations under the National Environmental Policy Act (NEPA), including a comprehensive Environmental Assessment in 2016, which concluded that there would be no significant impact. However, the pipeline was still required to complete a supplemental Draft Environmental Impact Statement for a 0.21-mile easement crossing under the Oahe Reservoir. This additional scrutiny has raised concerns among the delegation.

"We are concerned the additional scrutiny being imposed on the project has little to do with actual environmental effects and more to do with opposing the type of fuel the infrastructure carries," stated the North Dakota delegation in their letter.

The lawmakers further highlight the economic consequences that could arise if the pipeline were to be closed. North Dakota stands to lose approximately $1.2 billion in the first year alone, with a subsequent annual loss of $116 million. The Mandan, Hidatsa, and Arikara (MHA) Nation is also at risk of experiencing a more than $160 million loss in one year, as 60% of their oil production relies on the Dakota Access Pipeline for transportation. Moreover, the closure of the pipeline could result in the loss of up to 750 full-time jobs in the short term and 3,000 jobs in the long term in the Bakken region.

Both the state of North Dakota and the MHA Nation are cooperating agencies in the U.S. Army Corps of Engineers' environmental review process. This means that their input must be taken into account in any final decision regarding the pipeline.

The delegation also raises concerns about one alternative being considered by the U.S. Army Corps of Engineers, which involves unearthing and rerouting the existing pipeline. They argue that this alternative falls outside the jurisdiction of the federal government, as the North Dakota Public Service Commission is responsible for determining pipeline routes.

"The best course of action would be for the USACE to maintain the uninterrupted operation of the existing DAPL route. Therefore, we urge the Corps to grant the requested easement under Alternative 3 in a final Environmental Impact Statement and issue a timely Record of Decision," concluded the North Dakota delegation.

The North Dakota delegation's letter emphasizes the importance of the Dakota Access Pipeline to the state's economy and urges the U.S. Army Corps of Engineers to consider the significant consequences of interrupting its operation. The delegation looks forward to engaging with the Corps in promoting the public interest.

Click here for the letter.

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