North Dakota monument proposal surprises many
News of a proposed 139,729 acre western North Dakota federally designated Monument seemed to come out of no where in recent days.
The 29-page proposal, which can be found online, outlines the 11 parcels of land in the proposal. They follow the Maah Daah Hey trail, a well-known walking, biking horseback riding trail along the buttes within the North Dakota Badlands. The Monument would exist in parts of McKenzie County and also Billings County, North Dakota.
The plan says that supporters include: Mandan-Hidatsa-Arikara NationStanding Rock Sioux, Spirit Lake Nation, American River, Dakota Resource Council, North Dakota Wildlife Federation, National Parks Conservation Association, Badlands Conservation Alliance, Sierra Club North Dakota Chapter, Burleigh County Bicycle Cult, Dakota Cyclery, Laughing Sun Brewery, Atypical Brewery & Barrelworks, along with several individuals.
According to the proposal, “much of the Badlands remain a sacred place for Native Americans in North Dakota, most notably the, Mandan, Hidatsa, and Arikara (Sahnish) (MHA) Nation,” particularly the trail.
“The name Maah Daah Hey was originally developed by MHA member and former National Park Service Superintendent of Mount Rushmore, Gerard Baker. In the Mandan language, the phrase ‘Maah Daah Hey’ means ‘grandfather, long-lasting.’ It is used to describe things or an area that have been or will be around for a long time and is deserving of respect,” said the proposal. The Maah Daah Hey Trail has also been recognized as a National Recreational Trail by Congress.
The proposal stresses a desire to curb oil and gas development on the selected landscape, and it identifies pipelines as a threat.
It barely mentions grazing except to provide background information on federal acts to establish federal grazing land.
The Monument would “preserve the region’s strong ranching heritage and numerous
recreational opportunities, such as hunting, horseback riding, mountain biking, and hiking,” said the proposal.
State Senator Dale Patten, Watford City, a cattle owner, former McKenzie County Commissioner and banker, spent several years of his life working on federal land issues for local grazing associations.
He is concerned for a multitude of reasons, and is put off by the fact that grazing associations, state leaders, counties, industry professionals, all learned of the proposal just days ago.
“There was zero engagement ahead of time,” he said.
The Antiquities Act, which was approved by Congress in 1906 and signed into law by Teddy Roosevelt, was not meant to lock up large swatch of land, he said.
“When you read the original language of the laws, it talks about historic items or certain formations of significance, like Devils Tower or the Grand Canyon,” he said. The Antiquities Act specifically states the President shall designate ‘the smallest area compatible.’
“In recent years, the original intent of the law is being abused,” he said. “They are using it as a way to circumvent the process of declaring a Wilderness or other restrictive designations.”
Patten said there is a precedent with national monuments of limiting or cutting grazing as well as other activities. He said that, while some may have good intentions of protecting grazing rights, the plan for a federal Monument is written after the Monument designation takes place, and is at the discretion of the federal agency overseeing it. Another potential problem is that plans can be changed in the future. He added that he has no knowledge of a president every reversing a monument designation.
“If President Biden does declare this a monument, we assume the Trump administration will write the rules, then future administrations can amend the rules if they choose. No president has ever reversed a designation,” he said.
Patten said a local rancher called him and told him that the proposal appears to encompass some of his private land. Patten hasn’t been able to confirm this yet, but plans to do so soon.
“If that is the case, private mineral acres will be impacted,” he said.
McKenzie County Commissioner Clint Wold, Arnegard, North Dakota, said his commission just heard about the proposal last week, and voted last week to oppose it for now. They are seeking more information. “It seems like ranchers are getting kicked off this grazing land,” he said.
“We need to learn more about what will be best for the ranchers, and we have to take the oil industry into consideration, too,” he said.
Dakota Resource Council executive director Scott Skokos said his group believes the Monument will help preserve the landscape “as it’s been managed.”
He said his organization supports the continuation of grazing, and as for oil and gas, they don’t oppose horizontal impacts (below ground) but they wouldn’t support any surface developments.
“There is no way to guarantee” grazing would continue, but that they would work to support grazing. “We’ve been in conversations with the Forest Service,” he said. “We don’t want to take away any uses. The plan would be to keep ell existing uses.”
But Patten emphasizes that there is no way to know.
“If President Biden signs this, the only thing that becomes permanent is that it’s a monument,” he said.
“Even if rules are written to support current uses, they can be changed later and become unfriendly,” he said.
