[Congressional Record Volume 162, Number 171 (Wednesday, November 30, 2016)]
[Senate]
[Pages S6598-S6599]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DAKOTA ACCESS PIPELINE
Mr. HOEVEN. Mr. President, I rise to speak and also to respond to the
comments of some of my colleagues on the Dakota Access Pipeline and the
ongoing protests in my State of North Dakota.
Here we have a chart showing the Dakota Access Pipeline. It is a
1,172-mile pipeline from the Bakken oilfields near Stanley, ND, to
refineries and terminals that actually connect to Patoka, IL, and then
that light crude can go into eastern refineries. It will move 470,000
barrels of oil daily from the Bakken in North Dakota and Montana to
eastern markets and to refineries that depend on that light sweet
crude. This is high quality. This is the lightest, sweetest crude we
produce. It is very high quality oil.
It is also important to understand this oil is already moving. It is
already moving to these markets right now by rail and by truck. This
oil is already being moved.
This pipeline actually increases the efficiency and the safety with
which we move this oil that is already being transported to eastern
markets.
Furthermore, the project has undergone years of State regulatory
reviews and an extensive Federal environmental assessment which found
no significant environmental impact. Again, the environmental
assessment found no significant environmental impact. It has been twice
challenged and twice upheld, including by the Obama administration's
own appointees in Federal court. The Federal courts found that the Army
Corps had followed the appropriate process that the Standing Rock Tribe
was properly consulted and that the project can lawfully proceed.
Everyone has a right to be heard, but it must be done lawfully and
peacefully, whether this is during the permitting process with its
opportunities for comment or disputing the outcome through the court
system. Of course, that is why we have the court system. It hears
grievances and provides dispute resolution.
The ongoing protest activities which are occurring in North Dakota--
which at times have been violent--are being prolonged and intensified
by the Obama administration's refusal to approve the final remaining
easement at Lake Oahe. This inaction has inflamed tensions, strained
State and local resources and, most importantly, is needlessly putting
people at risk, including Tribal members, protesters, law enforcement
officers, construction workers, and area residents--our farmers and
ranchers who live and work in the area of the pipeline.
It is past time that the final easement is approved and construction
is completed. We need to get this issue resolved. It is past time to
get this issue resolved. As the record demonstrates, it should be done
on its merits through the previously established regulatory and legal
process. In other words, follow the law. We are a country of laws.
Follow the law.
Further, the Federal law enforcement agencies should help our State
and local law enforcement officers to ensure the law is followed to
prevent violent and unlawful protests and see that the peace is
maintained. Our law enforcement officers have worked professionally,
diligently, and tirelessly to protect the public.
To further describe the situation, let me provide some background.
The company developed the route for the Dakota Access Pipeline
beginning in 2014. The current path will run parallel to an existing
Northern Border Gas pipeline which was placed into service in 1982, as
well as an existing high-voltage electric transmission line. In North
Dakota, this is an already established right-of-way for energy
infrastructure. You have an existing gas line that goes through this
same route and you have a high-voltage transmission line as well.
Approximately 99 percent of the route for the Dakota Access Pipeline
crosses private land. Only 3 percent of the work needed to build the
pipeline requires Federal approval of any kind, and only 1 percent of
the pipeline affects U.S. waterways. To date, the pipeline is already
98 percent complete in North Dakota, and it is 86 percent complete
overall, from North Dakota to Illinois. That includes the route around
and up to the final two-tenths-of-a-mile portion of the Missouri River,
which is where most of this protest is occurring. This area of the
river, known as Lake Oahe, is controlled by the Army Corps for flood
control purposes and requires one remaining Federal easement.
The segment at the center of this debate is a small section planned
to traverse under Lake Oahe which would occur at a depth of 92 to 117
feet below the riverbed. In other words, the pipeline doesn't enter the
river at all. It is about 100 feet below the river. That is very
important to understand. In fact, where it crosses underneath the
river, it is 100 percent adjacent to an existing natural gas pipeline.
In other words, it follows a pipeline that is already built and is
there now, an existing natural gas pipeline. This was done so any
ground disturbances would not harm any cultural or Tribal features.
That is why they followed this right-of-way.
Let's put this into perspective a little bit. We have another chart
that helps do that. Remember, we are talking about crossing the river
in one place, right? We are talking about a pipeline that is going to
cross this river in one spot.
Let's put that into a broader context, into a broader perspective.
The Congressional Research Service estimates there are 38,410 crude oil
pipeline river and water body crossings in the United States. So in our
network of oil pipelines around the country, we cross water more than
38,000 times. We are talking about doing it one more time here. But we
already do it more than 38,000 times all over the country. This chart
shows you that.
In North Dakota alone, we cross bodies of water more than 1,000
times--more than 1,000 times. So this is hardly something new and
different. The Congressional Research Service estimates that there are
3,410 crude oil pipeline river and water body crossings in the United
States already existing, including 1,079 in North Dakota alone. So I
guess we go from 1,079 to 1,080 just in our State. These crossings
range from rivers, streams, and lakes to ponds, canals and ditches.
So let's talk about tribal consultation. In total, the Army Corps
held 389 meetings, conferred with more than 55 tribes, and conducted a
1,261-page environmental assessment before finding that this
infrastructure project has no significant environmental impact. So they
did all of that study, all of that consultation. Conclusion: This
project has no significant environmental impact.
So the Federal court then reviewed this decision once the protests
started. The Federal court reviewed the Corps' work. In the September 9
Federal court opinion, U.S. District Judge James Boasberg noted that
the company surveyed nearly twice as many miles in North Dakota as the
357-mile route that would eventually be used for the pipeline. So they
surveyed a lot more than they actually used.
Why did they do that? The Federal judge noted that where the surveys
revealed evidence of historically important or cultural resources, such
as stone features, the company modified the route on its own--140 times
in North Dakota alone. So 140 times the company modified its route to
make sure they avoided any cultural or sensitive features. Remember,
they are using an existing corridor that already has a gas pipeline and
already has a high-voltage transmission line. They still modified it
140 times to make sure they avoid any culturally sensitive resources.
Additionally, in another instance, the Corps ordered the company to
actually change the route where it crossed the James River, which is
another river further east that has not been protested--it crosses that
river too--to
[[Page S6599]]
avoid burial sites there. They actually changed the route to make sure
they avoided any sensitive sites.
The pipeline company and the Army Corps have documented dozens of
attempts to engage with the Standing Rock Sioux Tribe to help identify
historical resources and provide feedback in the planning process.
Judge Boasberg, I might mention again, was appointed by the Obama
administration. Judge Boasberg, a U.S. Federal court judge here in the
District of Colombia, wrote: ``The tribe largely refused to engage in
consultations, and chose to hold out for more, namely the chance to
conduct its own cultural surveys over the entire length of the
pipeline.''
Remember, the entire length of the pipeline goes all the way from
North Dakota to Illinois. All right, let's go to the third chart.
Further, I am going to put this up because the tribe appealed to the
court to stop construction on the pipeline. The court said no. They
have followed the law. They have done this appropriately.
I think here is a good quote from the judge's decision. Judge
Boasberg wrote:
As it was previously mentioned, this Court does not lightly
countenance any depredation of lands that hold significance
to the Standing Rock Sioux. Aware of the indignities visited
upon the Tribe over the last centuries, the Court scrutinizes
the permitting process here with particular care. Having done
so, the Court must nonetheless conclude that the Tribe has
not demonstrated that an injunction is warranted here.
So the Judge says that he came into reviewing the Corps process
trying to find if they had not covered all the bases properly. He came
with a mindset to make sure they had exercised due diligence. He said
they had.
In the spring of 2016, I helped arrange meetings between Colonel
Henderson--COL John Henderson is the district director from Omaha, NE,
for our district--and the Standing Rock Sioux Tribe, at the request of
the Standing Rock Sioux Tribe. It was during these meetings that Army
Corps Colonel Henderson imposed additional conditions on the pipeline,
including a double-walled piping in response to tribal concerns about
environmental safety. So he is now adding additional features after
that consultation.
A tribal monitoring plan has also been required, which requires
Dakota Access to allow tribal monitors at certain sites when
construction is occurring. So he added even more conditions after
further consultation. In July 2016, the Army Corps issued its final
environmental assessment, which concluded with a ``Finding of No
Significant Impact'' and ``No Historic Properties Affected''
determinations.
The environmental assessment establishes that the Corps made a good-
faith effort to consult with the tribes and that it considered all
tribal comments. In addition, Dakota Access has developed response and
action plans. They will include state-of-the-art monitoring systems,
shutoff valves and other safety features to minimize the risk of spills
and reduce or remediate any potential damage.
So, let's take a look at just some of these--just some of these.
There are many of them. Again, it is at least 92 feet under the river.
So if you had a break in the pipeline, it would have to come up somehow
through almost 100 feet of bedrock--come up through 100 feet of bedrock
somehow to get into the river.
But if you did have a rupture, you have automatic shutoff valves that
are monitored 24 hours a day, 7 days a week. Remember that additional
condition that the Corps added after consultation? It is a double-
walled pipe. So it is a double-walled pipe.
These are just some of the safety features. In addition, the Army
Corps required the company to implement numerous mitigation plans,
including: One, an environmental construction plan; two, a stormwater
pollution prevention plan; three, a spill prevention, control, and
countermeasure plan; four, a horizontal directional drilling
construction plan; five, a horizontal directional drilling contingency
plan; six, an unanticipated cultural resources discovery plan; seven, a
geographical response plan; eight, a facility response plan; and, nine,
a tribal monitoring plan, among other measures. Those are just some of
them.
So let's talk about the protests. The Obama administration's inaction
on the final Federal easement crossing the Missouri River has created
undue hardship and uncertainty for area residents, for private
landowners, for our farmers and ranchers that live and work in the
area, for tribal members, for construction workers who have been chased
off the construction site by protesters, and certainly for our law
enforcement personnel who have had to be out there day and night for
months.
Now we have winter weather conditions. Recently, with a very severe
snowstorm, you have really life-threatening conditions out there for
somebody who is trying to camp out in the middle of winter. Since the
protests started earlier this year, State and local agencies have been
put to the test in maintaining public safety, which have been
threatened by ongoing and often violent protest activity.
There have been instances of trespassing, vandalism, and theft.
Construction equipment has been set on fire. Workers have been chased
off the work site. Workers who were just trying to lawfully do their
job were chased off the work site. Fires were started on privately
owned ranchland. This is not on the reservation. It is on private land.
Residents have endured the challenges caused by roads being blocked or
closed, either by protest activity. They have shut down highways.
Protest activities have shut down highways. Roads are being blocked or
closed by protest activity that has shut down roads or by law
enforcement's response to ensure safety, at a time when farmers and
ranchers are busy harvesting, hauling hay, shipping calves, and moving
their herds from summer pastures.
In addition, law enforcement is investigating cases of butchered,
mutilated, injured, and missing cattle, horses, and bison in areas
adjacent to the site occupied by the protesters. Law enforcement has
worked to protect everyone. Again, I will emphasize that. Law
enforcement has worked to protect everyone. They have been patient,
professional, and diligent. They have not used concussion grenades.
More than 500 protesters have been arrested for breaking the law, and
over 90 percent of them are from out of State. Over 90 percent of the
more than 500 protesters that have been arrested are from out of State,
and many, if not most, are not Native American. They are environmental
activists from other parts of the country. If you want more information
on law enforcement, go to YouTube, ``Know the Truth Morton County,''
which is a Web site that the Morton County Sheriff's Department uses to
provide updates on their efforts to maintain law and order at the
protest site.
The motto of law enforcement is to ``serve and protect.'' That is
exactly what they are doing. So in conclusion, in accordance with the
findings of the Army Corps of Engineer's environmental assessment and
the court decisions, the Army Corps needs to follow established legal
and regulatory criteria and approve the final easement so that
construction can be completed.
In addition, Federal resources should be deployed expeditiously to
protect people and property in the area of violent protests to help
support State and local law enforcement efforts.
As I said, this issue needs to be resolved. It is past time to get
this issue resolved.
I yield the floor.
The PRESIDING OFFICER (Mrs. Fischer). The Senator from New Hampshire.
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