William Petroski

bpetrosk@dmreg.com

State and federal officials are blocking work on the planned Bakken oil pipeline in three Iowa counties after questions were raised about the possible disruption of a sacred site of historical and cultural significance to Sioux tribal members.

The U.S. Fish and Wildlife Service told the Iowa Department of Natural Resources this week it is revoking its approval of a sovereign lands construction permit issued in March to Texas-based Dakota Access LLC, which is planning the pipeline project.

The permit revocation means pipeline construction can't move forward on state-owned or state-managed lands covered by the permit. This includes areas where the pipeline would cross the Big Sioux River and the Big Sioux Wildlife Management Area in northwest Iowa's Lyon County, the Des Moines River in Boone County in central Iowa, and the Mississippi River in southeast Iowa's Lee County.

"Because that permit has been revoked, Dakota Access LLC is no longer authorized to engage in any activities pursuant to that permit," Seth Moore, a DNR environmental specialist, advised Dakota Access officials in a letter dated Thursday.

The development is the latest in a contentious battle over the pipeline, which is supported by Iowa business and labor groups and opposed by environmentalists and community activists. At least two lawsuits have been filed in Iowa's courts by owners of Iowa farmland who contend Dakota Access doesn't have the right under the state's eminent domain laws to seize access to their property for the underground pipeline.

James Hodgson, chief of Wildlife and Sport Fish Restoration Programs for the U.S. Fish and Wildlife Service, advised Iowa DNR officials to stop all tree clearing or any ground-disturbing activities within the pipeline corridor pending further investigation. He wrote Wednesday that information has surfaced indicating that a "significant archaeological site" may fall along the proposed path of the Dakota Access pipeline.

State Archaeologist John Doershuk told The Des Moines Register that the Upper Sioux tribe has informed state officials about a historic and cultural site includes Indian graves in Lyon County.

"The mapping that the tribe has provided to me suggests that it is smack dab in to where the pipeline was proposed to go," Doershuk said.

Ron Fournier, a spokesman for the U.S. Army Corps of Engineers in Rock Island, Ill., said the Corps had hoped to complete its work in mid-to-late June on federal permits needed for the pipeline construction project in Iowa. However, if the site under investigation is verified as a place of historic and cultural significance to the tribe, federal officials will likely require a realignment of the pipeline route, he added.

"We always look to minimize and avoid any impacts to the environment, especially sacred Indian grounds," Fournier said.

He estimated that work to realign the pipeline could take an additional 60 to 180 days, or possibly longer, depending how smoothly the realignment work would take.

Dakota Access is a unit of Dallas-based Energy Transfer Partners. The pipeline will carry up to 570,000 barrels of crude oil daily from North Dakota's Bakken oil production area to a distribution hub at Patoka, Ill. Construction on the pipeline began last week in North Dakota, South Dakota and Illinois. But in Iowa, only preliminary work to clear trees and shrubs and to place stakes has occurred on a route that will cut diagonally through 18 counties. However, the Iowa Utilities Board has been considering a request by Dakota Access to allow full construction to begin along most of the Iowa route in areas that are not under the jurisdiction of the Corps.

Lyon County was ceded to the federal government by the Sioux Indians through a treaty signed on July 23, 1851, according to an official county history. The boundaries of the county were set and attached to Woodbury County (then called Wahkaw County) for administration purposes. Lyon County officially split from Woodbury County on Jan. 1, 1872. Other historical accounts say the area was a favorite hunting ground for the Yankton Sioux, who found abundant buffalo, elk, antelope and deer, and there is still evidence of their long residence there, including burial grounds.

Doeshuk said state and federal officials hope to visit the site with tribal leaders within the next week or two to examine the area and to discuss resolving issues, including whether the pipeline route needs to be moved in Lyon County. But relocating the pipeline route could raise issues about other constraints, such as problems with land forms and wildlife habitat, he added.

Carolyn Raffensperger of Ames, an environmental lawyer and executive director of the Science and Environmental Health Network, contended Friday that Dakota Access has tried "an end run around all of its tribal, environmental and archaeological obligations." She said the discovery of the historic and cultural site in northwest Iowa demonstrates it is imperative that the Iowa Utilities Board not allow construction of the pipeline to begin in Iowa until Dakota Access has all of its state and federal permits in hand.

Energy Transfer spokeswoman Lisa Dillnger said the Dakota Access project is not affected at this point because there is no work currently underway in Iowa. "We are aware of the rumors of a potential archaeological site along the route, which has not been confirmed. If something is confirmed in the area, we will work with the appropriate agencies to make any necessary adjustments. Energy Transfer takes great care is these types of situations and we will do all that is needed to mitigate any impact," she said.

Dave Archambault II, chairman of the Standing Rock Sioux Tribe, based in Fort Yates, N.D., issued a statement applauding the decision of government officials to revoke the Iowa permit until further archaeological investigation can be conducted.

"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. May this event serves as a reminder, for all concerned parties, to slow down, take proper precautions, and respect our environment," he said.

Respect for Native American heritage has been a sensitive issue in Iowa. In 1976, former Gov. Robert Ray signed the Iowa Burials Protection Act, the first legislation in the United States that specifically protected American Indian remains. Ray acted in response to complaints from the late Maria Pearson, a Yankton Dakota woman who lived in Ames. Pearson was appalled after learning the remains of white people were quickly reburied after they were recovered in Glenwood in western Iowa during a road construction project, while the remains of an American Indian mother and child were sent to a lab for study. Pearson first met with Ray after sitting outside his office in traditional Native American clothing.