Bakken pipeline permit yanked over possible sacred burial grounds

Federal and state authorities have yanked a construction permit for a segment of the Dakota Access crude oil pipeline route to investigate reports it crosses ancient sacred tribal burial grounds in northwestern Iowa.

The U.S. Fish and Wildlife Service notified the Iowa Department of Natural Resources on Wednesday it was revoking approval of a Sovereign Lands Construction Permit, which had been issued to pipeline developer Dakota Access on March 3. The permit granted construction, maintenance and operation in lands under U.S. Fish and Wildlife and Iowa DNR jurisdiction.

It was one of several permissions Dakota Access needed for its $3.8 billion Bakken pipeline, which promises to deliver up to 570,000 barrels of crude oil per day 1,168 miles underground from North Dakota oil fields through South Dakota and Iowa to a distribution hub in Illinois.

A significant archaeological site was identified within the Big Sioux River Wildlife Management Area in Lyon County and 'all tree clearing or any ground-disturbing activities within the pipeline corridor pending further investigation” should stop, James B. Hodgson, chief of the agency's Wildlife and Sport Fish Restoration Programs wrote to Iowa DNR Director Chuck Gipp.

The Iowa DNR issued a 'stop work order” the following day, Thursday.

'Because the approval has been revoked, Dakota Access LLC is no longer authorized to engage in any activities pursuant to the permit,” wrote Seth Moore, an environmental specialist at the Iowa DNR.

A spokeswoman for Dakota Access, which is a subsidiary of Texas-based Energy Transfer Partners, referred to the findings as 'rumors” and noted it has no impact because no work is going on in Iowa.

'If something is confirmed in the area, we will work with the appropriate agencies to make any necessary adjustments,” spokeswoman Lisa Dillinger stated in an email. 'Energy Transfer takes great care is these types of situations and we will do all that is needed to mitigate any impact.”

The swift course change was prompted after State Archaeologist John Doershuk brought forth a concern raised by the Upper Sioux tribe. The tribe studied the land and identified a site with buried human remains, he said.

'It is a site of cultural importance to the tribe,” Doershuk said.

The tribe filed papers with Doershuk's office, which prompted Doershuk to intervene.

Doershuk said Burns & McDonnell, a consultant based in Kansas City, Mo., hired by Dakota Access for archaeological testing, had surveyed but saw 'no significant findings.” A year ago, Doershuk warned Iowa regulators to require more independent archaeological testing.

Moore, in his letter from the DNR, stated Dakota Access needs permission from Doershuk and Fish and Wildlife before proceeding with construction in the area.

Doershuk said he can't confirm nor deny that the land has what the tribe claims, but until further investigation officials must treat it as if it does have human remains. If human remains do exist, the preference is to leave them in place and reroute the pipeline, he said.

'The traditional practice is if there's no compelling reason to remove ancient human remains, leave them in place,” Doershuk said. 'Generally, there's lot of places the pipeline can go. I'd prefer the route be shifted.”

However, he added, 'It is not earth-shattering. If it is what the tribe reported, it is not a showstopper” that would stop the pipeline from being constructed.

Doershuk said the plan is to resolve the matter quickly, although he didn't have a specific time.

Construction on the pipeline has begun in North Dakota, South Dakota and Illinois. Miles of pipe are stockpiled in Iowa where the route is planned to cross 346 miles and 18 counties - diagonally, from the northwest to the southeast - but construction hasn't begun.

The Iowa Utilities Board, Iowa's primary regulator on the project, issued a permit to Dakota Access in March. While some tree clearing has occurred, construction can't begin until all permissions are in hand, per the permit conditions. The Corps has yet to issue a permit.

Dakota Access had requested to begin construction early at its own risk on lands where it had voluntary easements and not under Corps jurisdiction in order to contain construction to one planting season. The Iowa Utilities Board has yet to rule on the request.

The utilities board did not return messages seeking comment.