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  • Writer's pictureNorth Dakota Wildlife Federation

This Does Not Pass The Smell Test

I came to North Dakota in 1999, and honestly did not plan to stay. But it only took a moment for my heart and mind to become enamored with all the opportunities for hunting, fishing, and outdoor recreation that ND offered. I knew I could make more money and have more career opportunities in other parts of the country, but those ambitions took a back seat to the happiness and satisfaction I could gain here in North Dakota. I have since made a personal pledge to do everything I can to protect the resources I have come to cherish and make them the centerpiece of my life. But there are others with more influence than I have that are deliberately stripping away at what North Dakota has described as its legacy – Majestic Landscapes and Wildlife.


What is more discouraging, these people of power and influence are native born North

Dakotans that we elected to office. I cannot decide if they have lost sight of what treasures God has given them, or if they have become so intrenched with corporate greed that they just do not care anymore. Whatever the case may be, their intentions do not pass the smell test.


In March of 2023, Senator John Hoeven introduced S.1088 – North Dakota Trust Lands

Completion Act. Cosponsors included Senator Kevin Cramer and Senator Ben Ray Lujan of New Mexico. This bill authorized the Department of the Interior to exchange, at the election of North Dakota, certain federal land for certain state land of substantially equal value. Essentially, State School Land located within the boundaries of any Indian reservation could be forfeited to the tribe. The State of North Dakota would then have the authorization to select one or more parcels of federal land of equivalent value within the state as compensation.


Subsequently, Representative Kelly Armstrong introduced H.R.2405 – North Dakota Trust Lands Completion Act to the House Natural Resources committee. It is the same exact bill as what Senator Hoeven introduced to the Senate. More recently, ND State Lands Commissioner Joe Herringer traveled to Washington, DC to testify before the House Natural Resources Committee’s Subcommittee in favor of this bill.


On the surface the language of these bills seems harmless, and there has not been the slightest communication with the public. In fact, when I questioned Rep. Armstrong about the bill during a State Radio interview, at first, he was caught off guard and claimed he was not familiar with the bill. But when pressed, he dismissively said this bill was “a harmless land swap.” This bill restores land and mineral rights to Indian Tribes within the State. It is a feel-good bill. This bill is far from harmless, and certainly does not feel good if you have any interest in public land access and recreation. I was unable to acquire an exact number, but ND State School lands located on ND Tribal Lands exceed 30,000 acres. In contrast, the federal government owns 3.9 percent, or 1,735,756 acres in North Dakota. The other 93% of ND is privately owned.


So, in the eyes of a politician, a measly 30,000 acres may seem like “a harmless land swap”. But to those of us that like to hunt, camp, hike, and recreate - 30,000 acres is a huge chunk of real estate. Especially when you consider that the federal land (BLM) that could presumably be swapped falls withing the western one-third of the state. That is prime wildlife habitat. If those acres are redesignated as ND State School Land (owned by the State), the management criteria completely changes. Also consider, these acres fall within big oil country. Consider further, there are rumblings, and pressure from the National Mining Association, to explore western ND for metals like lithium, graphite, copper, and other rare metals that are critical to the advancement of energy technology. Are you seeing the connection? Does not smell so good, does it?


So not only would 30,000 acres of YOUR PUBLIC LANDS be susceptible to additional oil and mineral exploration, but it also opens the door for more roads, surface development, posted land, and increased pressure on wildlife habitat and populations. Also consider, State owned land can be sold for private ownership.


So far, the Trust Lands Department is keeping quiet. They refuse to share specific details about what lands could be exchanged, or how they would be managed. It is all very hush, hush. What is worse, if these bills move forward, there is no language that provides for public input. The only recourse we have is to get out in front of this before it grows roots.


If Sen. Hoeven and Sen. Kramer and Rep. Armstrong want to feel good about something, then by all means transfer the 30,000 acres of State School Land over to the tribes. But do not turn around and take Federal Public Land away from the American People. Besides, it is not like North Dakota is hurting for money with over $10 billion setting in the Legacy Fund.


I encourage you to contact Senator Hoeven and Senator Kramer, and Representative

Armstrong to ask questions and voice your concerns about these bills.


-Kerry Whipp, Board President, NDWF



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