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Lawmakers dug deep to help North Dakota with #NoDAPL response

Friday, May 19, 2017

Water Protector praying on the front line next to the Backwater Bridge. Photo by Rob Wilson Photography
Posted by Rob Wilson Photography on Tuesday, November 22, 2016

Rob Wilson Photography on Facebook: 'Water Protector praying on the front line'

North Dakota is flush with billion of dollars in oil tax revenues but the money apparently isn't enough to cover the costs of the state's response to the #NoDAPL movement.

Starting in the latter half of 2016, authorities in the state sent countless law enforcement personnel to deal with the #NoDAPL encampment in Morton County. And when that wasn't enough, they asked neighboring states for "mutual aid" as they engaged in violent clashes with opponents of the Dakota Access Pipeline, the controversial crude oil project.

All told, the state claims it spent $37 million on the response. The figure represents just a tiny portion of the $3.25 billion in taxes that energy development contributed to the state since 2014, according to an industry group.

But rather than absorb the costs, the state is turning to Uncle Sam for help. Thanks to a provision in a massive spending bill that was signed into law earlier this month, Gov. Doug Burgum (R) plans to ask the Department of Justice for a grant of up to $15 million, or basically half of what was spent on law enforcement.

“We’re committed to pursuing all avenues available to hold the federal government responsible and ensure that North Dakota taxpayers alone don’t bear the enormous costs of law enforcement and other resources expended on the protests,” Burgum said in a press release after the state's Congressional delegation announced the $15 million appropriation.

Sen. John Hoeven (R-North Dakota), the chairman of the Senate Committee on Indian Affairs, and Sen. Heidi Heitkamp (D-North Dakota), a member of the committee, took credit for the provision, which was buried deep in the H.R.244, the Consolidated Appropriations Act. It's found in Section 542, on page 233 of the 1,665-page measure.

To get the money, Hoeven and Heitkamp had to dig even deeper. They went all the way back to a law passed in 1984 that authorizes states -- but not tribes -- to seek "emergency" assistance from the federal government for law enforcement crises.

Their unique provision allows the state to obtain reimbursement for events that occurred in "fiscal years 2016 and 2017," which would basically cover the 233 days that the governor said were spent dealing with the #NoDAPL movement. Law enforcement was in Morton County primarily from July-August 2016 through mid-February 2017, when the encampment was officially shut down after hosting tens of thousands of people.

But Bynum isn't satisfied with the potential $15 million grant, for which the state must apply. He's asked President Donald Trump, who signed the appropriations bill into law on May 5, for a disaster declaration that would bring even more federal funds to North Dakota.

According to the Bureau of Justice Assistance, an agency at the Department of Justice, the Emergency Federal Law Enforcement Assistance Program has been used by states to deal with earthquakes, hurricanes, the standoff at Waco, Texas, in 1993 and the Rodney King and Reginald Denny cases in California.

Press Releases on DAPL Law Enforcement Reimbursements:
Sen. John Hoeven Secures Funding To Help With DAPL Protest Costs (May 1, 2017)
Sen. Heidi Heitkamp Helps Secure Federal Funds in Congressional Spending Bill that could Help Reimburse ND for DAPL Law Enforcement Costs (May 1, 2017)