[Congressional Record Volume 162, Number 172 (Thursday, December 1, 2016)]
[House]
[Pages H7111-H7114]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROTESTS OF THE DAKOTA ACCESS PIPELINE
The SPEAKER pro tempore (Mr. Donovan). Under the Speaker's announced
policy of January 6, 2015, the Chair recognizes the gentleman from
North Dakota (Mr. Cramer) for 30 minutes.
Mr. CRAMER. Mr. Speaker, I rise this evening to talk about the rule
of law, the importance of enforcement of the rule of law, the
importance of a government that stands for law and order.
I ask your indulgence, Mr. Speaker, as I begin my comments tonight by
reading a resolution of support, a resolution that illustrates the
position of a very important organization in my State of North Dakota,
the North Dakota Veterans Coordinating Council.
{time} 2000
It reads like this:
Whereas: The protests against the Dakota Access Pipeline
have been going on for over 100 days in North Dakota.
Whereas: The protests have been conducted on public and
private land without proper permission.
Whereas: The protests have not remained peaceful. In fact,
the protesters have caused millions of dollars in damage.
They have destroyed public and privately owned property,
vehicles, and equipment to include heavy equipment and trucks
owned by private contractors, at least two government trucks,
cut privately owned fences, and slaughtered farm animals
owned by private farms. Protesters have assaulted and thrown
Molotov cocktails and hard objects at North Dakota law
enforcement officers and military personnel who are sworn to
keep the peace and protect North Dakota's citizens.
Whereas: Protesters have desecrated North Dakota State and
Federal property, to include the North Dakota State Capitol
and, yes, the North Dakota pillar of the World War II
Monument right here in Washington, D.C., located at The
National Mall.
Whereas: The protesters of the Dakota Access Pipeline in
and around Standing Rock have desecrated the American flag by
flying it upside down, sewing emblems over the flag, and
displaying emblems and non-U.S. flags in a dominant manner to
the U.S. flag in violation of North Dakota Century Code.
Whereas: 95 percent of the protesters are not North Dakota
citizens or Native Americans. Many are professional paid
protesters
[[Page H7112]]
unaware of the true understanding of the issues at hand.
Whereas: As former military members, we have all taken an
oath to defend the Constitution of the United States against
foreign and domestic enemies, the American flag, and our
freedom. As veterans, we continue to support our military,
law enforcement, and all of our constitutional rights we have
fought for.
Whereas: As veterans of the U.S. military, we have fought
for and maintained the rights of our citizens to peacefully
protest. The protests in Standing Rock have not been peaceful
and, therefore, violate the rights of those living peacefully
around the protest site and threaten the sanctity and
sustainability of our basic freedom of peaceful protests by
crossing the line into unlawful activities.
Whereas: Individual veterans and veteran groups from
outside of the State of North Dakota have reached out to
North Dakota veterans and veterans service organizations for
support in their plan to recruit veterans to assemble in
North Dakota in support of the Standing Rock protest against
the Dakota Access Pipeline.
Whereas: Veterans standing in a nonpeaceful protest against
the Dakota Access Pipeline, will also be standing against
North Dakota law enforcement, military, private and
government entities, reflects poorly upon themselves, our
veterans organizations, veterans as a whole, the State of
North Dakota, and our country.
Therefore: Let it be the position of the North Dakota
Veterans Coordinating Council made up of the North Dakota
AMVETS, American Legion, Disabled American Veterans, Veterans
of Foreign Wars, and the Vietnam Veterans of America
adamantly oppose and condemn any veteran organization or
persons representing themselves as U.S. military veterans who
associate or involve themselves with the illegal activities
which have occurred or take part in any unlawful or
unbecoming conduct or assembly in protest to the Dakota
Access Pipeline in North Dakota.
Mr. Speaker, I could never say it better than the men and women who
have fought and who have been willing to die for our liberties. They
have said it perfectly in this position in support of a legally
permitted pipeline and in support of our law enforcement officers who
have exercised tremendous restraint against violence thrown at them. I,
for one, am tired, as are the vast majority of North Dakotans, of
people from outside of our State with a political agenda who have co-
opted the reasonable, peaceful protests that once began what has become
a full-fledged riot.
Mr. Speaker, for more than 3 months, thousands of rioters disguising
themselves as prayerful people, peaceful protesters, have illegally
camped on Federal land owned or at least managed by the U.S. Army Corps
of Engineers, owned by the taxpayers of this country. They have
illegally camped on the shores of the Missouri River.
By the way, Mr. Speaker, if you and I decided to go for a walk on
that same land and picked up a rock and threw it in the river, we would
be fined by this government. But, oh, no, not antifossil fuel rioters.
No, they are enabled; no, they are encouraged by our Federal
Government, at least this current Administration.
Celebrities, bad actors; celebrities, political activists; and anti-
oil extremists are blocking this pipeline's progress, and they are
doing so based not on good information, not on the law, but rather on a
leftwing political agenda. Oh, by the way, these celebrities and these
rioters fly in on jet airplanes that are fueled by jet fuel that is
refined from oil, in many cases Bakken oil; but let's ignore the irony
and the hypocrisy for the moment.
North Dakotans like these veterans that I just read about have
respected the rights of peaceful protesters, but this has gone way
beyond that. It has become rioting, plain and simple. In fact, I think
it is important to note, Mr. Speaker, that two Federal courts right
here in the District of Columbia have upheld the legality of this
pipeline. First, a D.C. Circuit district judge appointed by President
Obama, I might add, denied a request for an injunction to stop this
pipeline based on the fact that not only has the company and the Corps
of Engineers and the North Dakota Public Service Commission met every
letter of the law, but exceeded it, including, according to this
judge's own opinion, exceeding the requirements for consultation with
the sovereign tribes. The project developer and the Army Corps tried
desperately to engage the Standing Rock Sioux tribe dozens of times,
only to be rejected for more than 2 years.
Mr. Speaker, all that remains for the pipeline to be finished is an
easement to begin the process and to finish the process of connecting
this pipeline under the Missouri River in North Dakota, an easement
that has been prepared and finished for months. Of course, the Obama
administration rescinded a permit that had already been issued, a 408
permit to allow the pipeline to be built under this river. The same
administration, by the way, who has gone to court to defend it. It is
ironic, to say the least. It is chaos, to say the best.
At the center of this issue is an administration that refuses--not
just refuses to follow the rule of law, but enables and encourages the
breaking of the law, beginning with the fact that thousands of illegal
protesters are allowed to camp, to trespass on federally owned land.
Now, if you allow somebody to illegally assemble, why would they not
think that they should be allowed to burn property? Why would they not
think they should be allowed to trespass on private land? Why would
they think they shouldn't be allowed to throw Molotov cocktails at
police officers trying to protect innocent citizens? Why would they not
think they could follow a police officer home and harass his family
until they had to move out of their home, or follow a National Guard
member to their apartment and then harass them at their apartment and
force their family to leave, to spit on them? Why would they think they
shouldn't be allowed to do that if the President of the United States
says go ahead and trespass?
Never mind that this is a legally permitted pipeline. Let's just
ignore that. Let's withdraw the permit that we have already issued,
that we are defending in court. Why wouldn't they think that?
What has happened, Mr. Speaker, to virtue in this country?
When I see these protesters, rioters, criminals, thugs--yes, thugs;
it is not a racial comment; it is just what you call people who are
thugs--I look at them and I think, who is their mother? Where were they
raised? How were they raised?
What has happened in this country when we stand here in this Chamber,
in this assembly, in this town, and we hear some people, politicians,
supposed leaders, talk about law enforcement as though they are the
problem? What has happened that people have become confused about the
difference between breaking the law and enforcing the law?
It is hard for North Dakotans to see that because we are not confused
by that. We were raised by parents who told us what was right and what
was wrong, who taught us to respect the legal system, to respect law
enforcement officers. We have really respectable police officers in
North Dakota, and we do throughout this country, because we have seen
them come from multiple States. The National Sheriffs' Association has
sent many officers. Other States and city police departments and
counties have sent law enforcement officers to give some assistance to
our overworked, overtaxed law enforcement officers right in North
Dakota. We are tired of it.
Stay home, Jane Fonda; don't come back and deliver food, pretend that
somehow you care and take off again in your private jet; unless you
want to try to fly that jet on solar panels, then come on, we will take
you.
You can't encourage illegal behavior and then wonder why there is
violence, Mr. Speaker; and that is what our President has done.
Let's give a little background on this. I know a little bit about
siting pipelines. I was a regulator for nearly 10 years. I have sited
several of them. This 1,172-mile Dakota Access Pipeline will deliver as
many as 570,000 barrels of Bakken crude oil every day to Patoka,
Illinois, and then to other markets beyond. This is 570,000 barrels of
oil that is currently being produced every single day. It is being
transported now. It will always find its way to market. It is just that
it is being transported by trains and trucks. Oh, those aren't as safe
or as efficient or even as environmentally friendly ways to move oil as
a safe pipeline is, especially one that is going to be buried 100 feet
below the bottom of the river, to make sure that the water is safe.
From the outset of this process, the Standing Rock Sioux leaders have
refused to sit down and meet with either
[[Page H7113]]
the Corps of Engineers or the pipeline developer. However, 55 other
tribes have. The Corps consulted with 55 Native American tribes at
least 389 times, after which they proposed 140 variations of the
current route to avoid culturally sensitive areas in North Dakota
alone.
That is right, Mr. Speaker, you are not going to read about that in
the New York Times or the Washington Post. You are never going to hear
about it on NBC or ABC or CBS. You may not even hear about it in North
Dakota because, frankly, even our media are afraid of the ramifications
of violent rioters who are willing to commit violent acts if you cross
them. Yes, even my home address has been posted on their Web sites and
on their Facebook pages so that they know where my family and I live.
These are the prayerful, peaceful protesters you hear so much about on
the NBC News.
This project route was examined, reviewed, studied, and ultimately
supported by the North Dakota Public Service Commission, the State
Historic Preservation Office, assorted tribal consultants from around
the country, and multiple professional independent archaeologists. This
is a thoroughly vetted pipeline, which is why it has over 200 Federal
permits, all of which have been delivered and have been built, except
for this one, which was rescinded to make a political statement.
They say that they object to the pipeline being close to the water
intake of the Standing Rock Sioux Reservation. However, it shouldn't be
of any concern. As I said, this is going to go between 90 and 115 feet
below the floor of the river. It is double-lined pipe. It has got
control valves at both ends and sensors at both ends. It is the safest
pipeline in the world.
By the way, the intake for Standing Rock's drinking water, the new
one, which will be in service before the end of this year, is 70 miles
away. There is a railroad track that carries hundreds of thousands of
barrels every day over the top of the Missouri, as close as that.
By the way, the other thing you often hear is that this was not the
original route, that there were other preferred routes, but because
they crossed at places that affected a different kind of people than
the Standing Rock Sioux tribe, that this was somehow discriminatory.
Let me set that record straight as well. I know, as I said, a fair
bit about pipelines. I have read the permit. I have read the
application. I have read the judge's opinions. It was always planned
for this location for a very good reason, Mr. Speaker. By the way,
there are at least 10 to 12 other petroleum pipelines north of this
same location. This is just going to be the latest and greatest of
them. The main reason this route was chosen was because it was the
least intrusive on the environment, on waterways, on private property,
and on cultural resources.
{time} 2015
The other locations that were under consideration that were not
chosen crossed many more bodies of water and were much closer to many
wells and cultural resources and very important historical resources.
It was 48 extra miles of previously undisturbed field areas. This is
and was the best route because it is an existing corridor. In this same
corridor, there is already a natural gas pipeline. There is already a
large electric transmission line. That is why it was chosen.
Let me talk a little bit about the impact this is having on my State.
We had the recent vandalism of the graves in Bismark. That is right.
They vandalized graves in a Bismark cemetery. Of course, the
unconscionable graffiti markings on the North Dakota World War II
pillar that the veterans wrote about earlier are examples of how these
peaceful protestors' actions don't match their claims.
The responsibility of protecting property and residents has fallen on
the shoulders of the State of North Dakota because, guess what, when we
asked the Obama administration for law enforcement help, for
reimbursement, at least, for our State and for our counties for a
situation that they created by their refusal to obey the law
themselves, they sent some PR people from the Department of Justice.
They sent people to watch our cops to make sure they don't do something
wrong. See, again, they are confused about the difference between
breaking the law and enforcing the law. We are not confused about that
in North Dakota.
Attempts to get reimbursement or to get U.S. Federal help have fallen
on deaf ears. So far, North Dakota has had to borrow $17 million to
cover law enforcement costs. I will tell you this--and we have heard in
the Chamber a lot of bad-mouthing of the incoming administration--I
can't wait. I can't wait to go to Attorney General Jeff Sessions and
explain the situation to him and ask him for assistance. I am very
encouraged by President-elect Trump's favorable comments about the
Dakota Access Pipeline earlier today.
These protesters, these demonstrators, these rioters have brought
protests into the communities of Bismark and Mandan. They blocked roads
and traffic, forcing lock-downs at the State capital and Federal
buildings. They have forced people to leave their homes. They forced
daycare centers to close. This daycare was forced into lockdown twice.
Can you imagine explaining to children, who don't know anything about a
pipeline and they don't care--and they shouldn't have to--why they are
in a lockdown, why they have to be careful. Some out-of-State thugs are
circling the block, harassing the owners.
Many of our residents are fearful for the safety of their
neighborhoods and volunteers are hesitant even to deliver Meals on
Wheels. We have had people call us and say they can't deliver Meals on
Wheels because people won't even answer their doors because they have
seen these rioters walking around their property.
Law enforcement and their families have been stopped and rioters have
repeatedly tried to intimidate them. On Thanksgiving Day, 300
protesters blocked traffic in Mandan, North Dakota, carrying a large
dead pig on a stick while at least as many protesters, again,
trespassed and built a bridge to reach a hilltop on private property.
Law enforcement has shown tremendous constraint, giving verbal
warnings that if they stop making the bridge, there would not be any
arrests. It was ignored. The bridge was built. Rioters crossed,
dismantled the bridge, and law enforcement held the line for hours
against tremendous numbers--they were well outnumbered--without a
single arrest.
The protesters are the clear agitators and the criminals here, not
the police officers. There would be no law enforcement presence if
these protests were truly peaceful.
For example, most media have demonized their law enforcement for use
of water as a less than lethal tool during a protest in cold
temperatures. They used it to hold back protestors only after they used
the water to put out prairie fires that were started by the protesters.
And the protestors got wet from a water cannon. By the way, that is a
made-up term by the national media to make it sound like some sort of
violent act by our police department. It was a water hose brought there
to put out fires. And when they used that to push back hundreds of
protesters when there were only dozens of police officers, now they are
blamed for being the agitators.
As you can tell, I am frustrated, Mr. Speaker. I am frustrated not
just by the actions of these thugs, because we have come to expect that
from certain people in this country, unfortunately. I am frustrated by
this administration's refusal to obey the law, to enforce the law, to
support the law, but instead enable and actually encourage the breaking
of the law. That is not what we elect the President for. I am so
grateful we have a law-and-order President coming into office shortly.
They have been forced to arrest more than 400 people, most of them
from out of State. They get bailed out rather quickly. Somehow they
have a source of lots of money readily available to bail people out and
cover their expenses. They have chained themselves to equipment to
prevent work from being done.
Here is an interesting fact. When it was much warmer in North Dakota
than it is today, they would chain themselves to the equipment. And
then, after hours of being there, they would get thirsty. And police
officers, rather than just letting them stay there, actually helped
provide them water and held the water so that the protesters, the
illegal rioters, could get
[[Page H7114]]
a drink of water. That is the quality of our law enforcement officers.
They burned tires and fields, as I said earlier. They damaged cars
and bridges. They harassed residents and have torn down fences. They
killed and slaughtered neighbors' cattle and bison and horses. There
was at least one report where gunshots were fired at the police.
By the way, this protest is not about climate. We hear about that. By
the way, it shouldn't have anything to do with climate. The oil is
being produced. Now the issue is: How do you transport it? Do you
transport it in the most environmentally and economical and efficient
way in a pipeline? Or, do you transport it in some less safe, less
efficient, less environmentally friendly way?
The simple fact is, our Nation will continue to produce and consume
oil, and pipelines are the best way to move that oil. Legally
permitting infrastructure projects have to be allowed to proceed
without the threat of improper governmental meddling and activity.
By the way, what of shovel-ready jobs, Mr. Speaker? What of that?
What of building the infrastructure of this country with private sector
money? What a great thing. But for the Bakken and other shale oil plays
in this country in the last 8 years, we still would be in a recession.
Most of the jobs that have been created in the last 8 years in this
country have been created in the energy sector.
It is not about water protection, as I said. There is a brand new
intake system being built. It will be operational 73 miles from this
pipeline. That is not the issue. That is just an excuse. By the way,
that new intake is about 1.6 miles downstream of a railroad track, a
railroad bridge that will carry crude oil, as well.
The pipeline is not going to come in contact with the water. It
employs the latest and greatest in advanced technology. As I said, a
dozen or more oil and gas and refined product pipelines already cross
the Missouri River upstream from the tribe's drinking water intake, and
this pipeline is crossing at a point where there is existing
infrastructure. It is an infrastructure corridor.
Mr. Speaker, the rule of law matters. I am so grateful for our law
enforcement officers, as I said, not just in Morton County, not just
around Bismark, Mandan, and not just in North Dakota, but from around
the country who have come to the assistance of our State. But, Mr.
Speaker, if we think we are going to rebuild the infrastructure of this
country, and every time we build a railroad track or a highway or a
bridge or a pipeline or a transmission line or wind farm or factory, we
are going to have to put up with this, what kind of investment is going
to take place in this country?
As I said, we are not confused in North Dakota about the difference
between breaking the law and enforcing the law. The vast majority of
North Dakotans--and when I say vast, well into 90 percent--support law
enforcement. We are grateful for what they do. We are sorry that you
are going through this.
I will fight with everything I have and use every ounce of influence
I have over the next administration and with my colleagues in this
Chamber to provide the resources to make sure that you get a day off,
to make sure that our State gets reimbursed, and that your families are
compensated for what you have gone through.
I thank law enforcement officers for taking and making the tremendous
sacrifice they make to protect legal commerce, peaceful citizens, and
yes, ironically, Mr. Speaker, I thank the law enforcement officers for
protecting the right to express ourselves in a peaceful manner.
Mr. Speaker, I yield back the balance of my time.
____________________