Dalrymple Continues to Press Obama Administration to End Pipeline Delay

Press Release

Gov. Jack Dalrymple today again called on the U.S. Army Corps of Engineers (Corps) to resolve outstanding federal issues that are contributing to prolonged protest activities in Morton County.

The U. S. Army Corps of Engineers announced Monday its plans to further delay a decision on whether to grant an easement for a Dakota Access Pipeline crossing under Lake Oahe. Dalrymple has called upon Corps Brigadier Gen. Scott Spellmon and other Corps officials to settle the easement issue quickly and to also resolve the ongoing issue of allowing protesters to camp illegally on federal property.

"As long as the federal government allows protesters to camp without a permit on Corps property from which some members mobilize unlawful protest activities and as long as the federal government delays a final determination on the easement, we as a state and local communities are left to manage the challenges before us today," Dalrymple said.

During a news conference Monday, Dalrymple said the state will also continue to press the Obama Administration to provide federal law enforcement officers in support of ongoing public safety needs and to help cover the costs of enhanced law enforcement. The state has repeatedly requested federal law enforcement support and federal financial assistance, but thus far the burden has fallen almost entirely on state and local entities.

"A federal decision on the project's easement is long overdue," Dalrymple said. "Further delays simply prolong the risks to public safety, prolong the hardships endured by area residents and increase costs incurred by the state of North Dakota and Morton County."

On Monday, the Corps announced that it would further delay a decision on the pipeline's easement to allow for additional discussion regarding technical aspects of the project's river crossing. This delay is on top of 66 days of additional review required by the Corps after a U.S. District Judge ruled that the pipeline, which follows the route of existing pipeline infrastructure, meets or exceeds all regulatory requirements, and should be allowed to move forward without delay.

"The Army Corps of Engineers must complete this additional discussion within a matter of days because it is simply unjust to expect the people of North Dakota and our law enforcement to continue to bear the excessive burden of maintaining public safety," Dalrymple said. "But until the Corps sets politics aside and resolves this issue, the state of North Dakota, the Morton County Sheriff's Office and our partnering law enforcement officers will continue their enhanced patrols and contact with local residents."

On Aug. 18, just days after protesters began to gather on U.S. Army Corps of Engineers property near Cannon Ball, Dalrymple declared a state emergency to activate the State Emergency Operations Plan and make any and all state resources available for the purpose of protecting the public's health, safety and well-being.

That same week, the North Dakota Highway Patrol and the state Transportation Department established traffic control points on ND Hwy 1806 and ND Hwy 6 to restrict southbound traffic and provide motorists with information regarding protest activities near Cannon Ball. Highway 1806 south of Mandan is open to local traffic, but closed further south near Fort Rice due to damage caused by protesters to the Backwater Bridge.

Law enforcement officers have removed protesters from an illegal encampment on private property and have cleared highways from illegal protests. To date, law enforcement officers have made more than 400 arrests.

On Sept. 8, the governor activated the North Dakota National Guard to serve in support roles for law enforcement. Dalrymple also authorized the use of the Emergency Management Assistance Compact, which has allowed for hundreds of law enforcement officers from other states and other North Dakota agencies to support public safety needs in Morton County.

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