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Dakota Access Pipeline
6/8/2016 4:18:15 PM
Pipeline developer disputes archaeologist findings over burial grounds in Lyon County


DES MOINES | A Texas oil company is challenging the findings and authority of Iowa's state archaeologist, who recommended the company reroute its Bakken oil pipeline to avoid land in Northwest Iowa's Big Sioux River Wildlife Management Area where native tribes contend an ancient sacred burial ground exists.

Lisa Dillinger, a spokeswoman for pipeline developer Dakota Access, a division of Energy Transfer Partners, said in an email that State Archaeologist John Doershuk has jurisdiction only if human remains older than 150 years are found. And if such a discovery is made, jurisdiction extends only to overseeing relocation and handling of historic remains, she said.

"If something is confirmed in the area, we will make any necessary adjustments and continue on," Dillinger said. "Energy Transfer respects and honors all areas of cultural significance and takes great care in these types of situations to mitigate any impact."

The Iowa Utilities Board, which is the main regulator for the 346 miles of pipeline through 18 counties in Iowa, signed an order Tuesday allowing Dakota Access to begin construction on land where voluntary easements and permission have been secured, which is the vast majority of the Iowa route.

Board Chairwoman Geri Huser dissented, stating that allowing construction now "affects the terms and conditions of the permit that is currently subject to judicial review proceedings;" that the board lacks jurisdiction due to the lawsuits; and that Dakota Access failed to meet conditions agreed to in its permit approved by the board March 10.

The Army Corps of Engineers has yet to issue a permit on land it has jurisdiction over, which was a requirement of the March state permit. And several lawsuits have been filed to block the pipeline. Protesters have vowed to commit acts of civil disobedience to stop construction in Iowa.

Construction has begun in the other states on the route - North Dakota, South Dakota and Illinois. The 1,168-mile, $3.8 billion, underground pipeline has a capacity of up to 570,000 barrels of oil per day.

After reports of sacred buried remains in Lyon County, the state Department of Natural Resources issued a stop work order May 26 stating Dakota Access needed permission from Doershuk and U.S. Fish and Wildlife Service before doing any work at the site.

Dillinger, from Dakota Access, contended a 2004 archaeological survey, in which Doershuk was a co-investigator, "cleared the property we are crossing of any historic or archaeological sites." She said the pipeline route is "in the portion of the property where nothing was found as confirmed by this study."

However, the survey, which was conducted for fence improvements, noted "no technique is completely adequate to locate all archaeological materials, especially deeply buried ones."

"Therefore, should any cultural, historical, or paleontological resources be exposed as part of proposed project activities, the responsible agency must be notified immediately in accordance with the Protection of Historic Properties regulations of the Advisory Council on Historic Preservation," the report stated.

Doershuk declined to comment Tuesday.

Last week, he said native tribes with ancestral ties to the Big Sioux River valley appreciated the "intangible traditional cultural aspects." He recommended the site be avoided and protected, and said it is considered eligible for the National Register of Historic Places.

A spokesman for the Iowa DNR stated only: "We are going to continue to work with all of the parties involved until all of the questions have been answered."


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RE: Dakota Access Pipeline
6/8/2016 4:22:24 PM
The Iowa Utilities Board Votes in Favor of Bakken Oil Pipeline

The Iowa Utilities Board Votes in Favor of Bakken Oil Pipeline

Sixty permits from the Corps including river crossings and a Native American burial site have not been issued.

The Iowa State Archaeologist John Doershuk visited the site on Friday with state, federal and tribal officials and followed up by email on Saturday stating the site should not be disturbed.


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RE: Dakota Access Pipeline
6/8/2016 4:26:13 PM
Tribe makes efforts to reclaim reservation oil production

NEW TOWN, N.D. (AP) - A tribal-owned oil company that started oil production last year has garnered roughly 1,000 barrels of oil per day for the Three Affiliated Tribes.

The Bismarck Tribune (http://bit.ly/287z7gB ) reports that the tribe is making efforts to reclaim oil production that takes place on the reservation by taking on leaseholds that are new or expiring. Missouri River Resources' first barrel of oil was produced in June 2015, and last year it drilled four wells.

Missouri River Resources board chairman Ken Hall says the tribal-owned company has plans this year for three four-well projects and for a project next year that's 32 wells.

In 2007 and 2008, private companies were leased the majority of tribal lands by the tribe. The tribal-owned company is now trying to get leaseholds on the reservation.

Information from: Bismarck Tribune, http://www.bismarcktribune.com

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RE: Dakota Access Pipeline
6/13/2016 9:17:35 AM
Dakota Access disputes archaeologist over Iowa tribal land

DES MOINES, Iowa -- A Texas oil company is challenging the findings and authority of Iowa's state archaeologist, who recommended the company reroute its Bakken oil pipeline to avoid land in northwestern Iowa's Big Sioux River Wildlife Management Area where native tribes contend an ancient sacred burial ground exists.

Lisa Dillinger, a spokeswoman for pipeline developer Dakota Access, a division of Energy Transfer Partners, said in an email that State Archaeologist John Doershuk has jurisdiction only if human remains older than 150 years are found. And if such a discovery is made, jurisdiction extends only to overseeing relocation and handling of historic remains, she said.

"If something is confirmed in the area, we will make any necessary adjustments and continue on," Dillinger said. "Energy Transfer respects and honors all areas of cultural significance and takes great care in these types of situations to mitigate any impact."

The Iowa Utilities Board, which is the main regulator for the 346 miles of pipeline through 18 counties in Iowa, signed an order Tuesday allowing Dakota Access to begin construction on land where voluntary easements and permission have been secured, which is the vast majority of the Iowa route.

Board Chairwoman Geri Huser dissented, stating that allowing construction now "affects the terms and conditions of the permit that is currently subject to judicial review proceedings;" that the board lacks jurisdiction due to the lawsuits; and that Dakota Access failed to meet conditions agreed to in its permit approved by the board March 10.

The Army Corps of Engineers has yet to issue a permit on land it has jurisdiction over, which was a requirement of the March state permit. And several lawsuits have been filed to block the pipeline. Protesters have vowed to commit acts of civil disobedience to stop construction in Iowa.

Construction has begun in the other states on the route - North Dakota, South Dakota and Illinois. The 1,168-mile, $3.8 billion, underground pipeline has a capacity of up to 570,000 barrels of oil per day.

After reports of sacred buried remains in Lyon County, the state Department of Natural Resources issued a stop work order May 26 stating Dakota Access needed permission from Doershuk and U.S. Fish and Wildlife Service before doing any work at the site.

Dillinger, from Dakota Access, contended a 2004 archaeological survey, in which Doershuk was a co-investigator, "cleared the property we are crossing of any historic or archaeological sites." She said the pipeline route is "in the portion of the property where nothing was found as confirmed by this study."

However, the survey, which was conducted for fence improvements, noted "no technique is completely adequate to locate all archaeological materials, especially deeply buried ones."

"Therefore, should any cultural, historical, or paleontological resources be exposed as part of proposed project activities, the responsible agency must be notified immediately in accordance with the Protection of Historic Properties regulations of the Advisory Council on Historic Preservation," the report stated.

Doershuk declined to comment Tuesday.

Last week, he said native tribes with ancestral ties to the Big Sioux River valley appreciated the "intangible traditional cultural aspects." He recommended the site be avoided and protected, and said it is considered eligible for the National Register of Historic Places.

A spokesman for the Iowa DNR stated only: "We are going to continue to work with all of the parties involved until all of the questions have been answered."

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RE: Dakota Access Pipeline
6/13/2016 9:22:58 AM
Native history, Bakken pipeline clash in Iowa Blood Run area

The Associated Press | A sign marks Good Earth State Park at Blood Run Creek in southeast Sioux Falls, S.D., Tuesday, June 9, 2015. An estimated 6,000 to 10,000 people lived 500 years ago in a vast complex of villages along Blood Run Creek and the Big Sioux River, the largest known in the Oneota cultural tradition and larger than any Lyon County town today. (Emily Spartz Weerheim /The Argus Leader via AP)


ROCK RAPIDS, Iowa (AP) — The planned route of the Bakken oil pipeline in northwest Iowa would lie near an area in Lyon County that archaeologists say was essentially the state capital for native populations from 1500 to 1700.

It's also near what state officials hope is Iowa's newest state park — and the nation's first bi-state park, managed with South Dakota.


The Des Moines Register (http://dmreg.co/21a5FBh ) reports that the issue draws attention to a little-known area of rich historical and cultural significance in Iowa's history.


An estimated 6,000 to 10,000 people lived 500 years ago in a vast complex of villages along Blood Run Creek and the Big Sioux River, the largest known in the Oneota cultural tradition and larger than any Lyon County town today.


"It's an amazing number for its time, and is one of the biggest population aggregates in the Midwest," said John Doershuk, Iowa's state archaeologist.


A sovereign lands construction permit for Dakota Access LLC pipeline construction in the area was issued in March by the Iowa Department of Natural Resources. But a stop-work order followed, because of possible disruption of a sacred site of the Sioux tribe to the south of Blood Run. Officials with several government and tribal agencies conducted an on-site investigation last week.


The Ioway, Ponca, Omaha and Oto tribes, all descendants of the Oneota culture, shared the area that became a settlement for economic reasons near spring-fed Blood Run Creek, named for carrying the red pigment of iron oxide after heavy rains.


The tribes were fleeing pressure from the Iroquois from the east in the 1500s and found a place where water, game and trade was plentiful. The western state border here is often thought of as the ecological and symbolic area where the Western plains begin. Natives gathered the soft red stone from nearby Pipestone, Minnesota, that was easily carved and valued by traders in the Midwest and beyond.


The tribes constructed numerous burial and ceremonial mounds and storage pits on the landscape. Historical maps show up to 200 mounds, but only 85 are visible today, Doershuk said.


The Sioux entered the area by 1714 and used it primarily as hunting grounds, but they were the last tribe there before white settlement.


In the 1800s, the mounds began to be destroyed by railroads, agriculture and "pot hunters" who dug them up, according to the book "Blood Run: The 'Silent City'" by Dale Henning and Gerald Schnepf.


Some farmers would plow over mounds and find hundreds of artifacts.


Native groups were friendly with each other along Blood Run. It wasn't unusual for a family to move in with another family for purposes of trade, said Henning, a former Luther College professor and archaeologist who lives in West Des Moines.


Henning's excavation of 150 to 200 storage pits in 1985 and 1986 found that they once held stored crops and hides and bones that told a story. Bison likely were so numerous that they literally walked through the village, Henning said. Studying the remains showed that the bison had been killed so near the camp, they had not even been dissembled to carry long distances before storage.


The study of burial and ceremonial mounds revealed human remains, pottery, bison bone tools and other artifacts from far and wide, because it was a major trading area.


In 1970, the National Park Service designated 873 acres as the Blood Run National Historic Landmark. But most of the land within it is in private ownership and in many ways can't be protected. In 1987, the State Historical Society, with assistance from the Iowa Natural Heritage Foundation, acquired a 230-acre tract that is now managed by the Lyon County Conservation Board.


But a study by the National Park Service suggested that the significant cultural resources of Blood Run cover a much wider area, and the agency has listed it as threatened on the National Park Service's Landmarks of Risk.


Henning said that all along the Big Sioux River down to Sioux City are likely mounds and native sites. The planned pipeline would now run about 10 miles south of Blood Run.


"But there are probably hundreds of sites along that pipeline across Iowa," he said.


Dakota Access pipeline officials told The Des Moines Register last week that if archaeological sites are confirmed along the route, the company will work with appropriate agencies to make adjustments.


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The sites are valuable for their national historic and cultural significance, state officials say, and also are sacred to native populations.


"This consequence of the expedited project is representative of a tribal apprehension regarding the Dakota Access Pipeline: the destruction of important cultural and historic sites," Dave Archambault II, chairman of the Standing Rock Sioux Tribe, said in a prepared statement.


Doershuk said archaeologists from outside Iowa were brought in by pipeline officials to initially investigate the route through Lyon County.


"My first response was, 'You know about Blood Run, don't you?'" he said. "To my horror, I had to fill them in."


Blood Run is an area valued by Iowa officials. Two years ago, the Iowa Legislature allotted $2 million for a study of Blood Run and acquisition of land for a future state park. On July 15, the master plan will be unveiled in nearby Larchwood.


The plan will not only include the existing national landmark boundaries, but other land to the north and south, said Todd Coffelt, chief of the Department of Natural Resources State Parks Bureau.


"In the area under the scope of study, it won't be impacted by the pipeline," he said.


He said the state is working with landowners on acquiring land, but it will take more money. Iowa is also "four or five years behind South Dakota." The neighboring state, which would join Iowa in management of the planned park covering both states, has established Good Earth State Park at Blood Run across the border and is building a visitor's center.


It would be Iowa's first new state park since Summerset State Park near Indianola in 2004. Coffelt said state parks were first established to protect natural areas, then created for recreation and in later years to save "areas of cultural significance" to the state.


Archaeologists remain concerned about the pipeline's path. Original boundaries of national landmark properties were quickly drawn after the 1966 National Historic Preservation Act and may not include all sensitive areas.


"There is at least one mound group to the south of Blood Run," Henning said. "So they're getting close."


Doershuk said he expects that, after officials meet with tribal leaders, "we will probably ask them to reroute, which should not be a big deal. They do this all the time."



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