High stakes for Fort Berthold landowners who will debate pipeline trespass and proposed TAT water code
Tesoro High Plains Pipeline right-of-way expired June 18, 2013 but still continues to run millions of dollars of oil across American Indian allotted lands on the Fort Berthold Reservation. Native landowners never consented to continued unjust enrichment of the Andeavor Corp., the mulitbillion parent company of the pipeline. PHOTO CREDIT: JODI RAVE SPOTTED BEAR
Last fall, more than 350 allotted landowners began to receive notice that the Tesoro High Plains Pipeline was in trespass across 14.84 miles of tribal and allottee trust land in the southwest section of the Fort Berthold Reservation.
Andeavor Corp., the multibillion dollar parent company of the pipeline, will reach its fifth year of trespass on June 18. The company has benefitted many hundreds of millions of dollars — unjust enrichment — running oil through a pipeline since 2013 without the consent of allottees.
On Monday, June 11, a meeting has been scheduled by the Fort Berthold Allottee and Mineral Owners Association and the Indigenous Media Freedom Alliance to discuss current negotiations with the pipeline company. In addition, allottees are set to discuss the Three Affiliated Tribes Tribal Business Council’s proposed water code.
It’s important landowners work together in reaching a settlement agreement to counter offer the proposed settlement terms offered by Andeavor, formerly known as Tesoro because of a huge payment disparity. Tesoro agreed to pay the Three Affiliated Tribes 180 times more than what it is offering allottees for a renewed right-of-way.
On May 21, BIA Superintendent Kayla Danks sent allottees the contractual agreement between Tesoro and the Three Affiliated Tribes for right-of-way renewal. The TAT contractual value is $53.7 million dollars for a period that ends in year 2040.
The tribe’s contractual present value is $1,080,694 per acre based on a 23-year time period at 2.5 percent interest. Meanwhile, Andeavor offered a $6,000 present-value per acre for allottees’ renewed right-of-way. In some cases, allottees and the tribe share interest in the same land tracts.
Andeavor started talking with TAT officials in 2013 after the ROW expired. They waited four years before finally notifying allottees. Does this qualify as good faith negotiations?
My great grandmother Stella Tail and my great-great grandmother Many Growths were allotted land on Fort Berthold. Today, I share title to that land with other relatives. This is the same land where the Tesoro High Plains pipeline lies buried. No one knew a massive shale oil discovery would transform Fort Berthold or western North Dakota where today there are nearly 12,000 producing oil wells.
It’s predicted that another 10,000 wells are yet to be drilled in the Bakken where oil companies need water to drill and frack.
Allottees own title to 70 percent of all trust land on the Fort Berthold Reservation. We are the biggest stakeholders regarding oil and water activity, but our Three Affiliated Tribal leaders fail to include us when they make closed-session deals with oil industry representatives.
Allottees need to unite. Do we want pipeline ROW renewals? Do we want the same ROW valuation as the TAT? Do we want the pipelines removed? Do we want the valve closed on the Tesoro pipeline to stop unjust enrichment? Are we willing to face possible condemnation of our lands?
The Tesoro High Plains Pipeline is a lucrative transportation system that moves about 40,000 barrels of oil a day from the Bakken oil fields in western North Dakota to the Tesoro Refinery in Mandan, N.D., which is also owned by Andeavor.
Here’s a timeline of key pipeline and water code events:
- Tesoro High Plains Pipeline enters trespass June 18, 2013.
- Tesoro issues letter October 2017 to more than 350 allottees to offer payment for renewed right-of-way and trespass.
- BIA issues 10-day show cause letter to Tesoro in letter dated Jan. 30, regarding the trespass.
- Landowners write letter April 20 to Andeavor requesting same ROW valuation as TAT.
- Allottees make multiple requests to TAT Chairman’s office for the valuation agreement, but office falsely stated the TAT had a non-disclosure agreement.
- Former MHA Chairman Tex Hall, also founder of the Fort Berthold Allottee and Mineral Owners Association, attends TAT Tribal Business Council Meeting May 10 and requests tribe’s valuation. Chairman Mark Fox finally agrees to release information after tribal attorney informs Fox a non-disclosure agreement did not exist between the TAT and Andeavor.
- TAT TBC sets June 8 deadline for comments regarding proposed water code that aims to usurp allottee water rights. Read Fort Berthold Allottee and Mineral Association comments.
- Fort Berthold BIA Superintendent Kayla Danks issues letter to landowners that includes TAT valuation. Landowners are given July 31, 2017 to respond.
The meeting on Monday, June 11 provides an opportunity for allottees to express views on land issues. Oil and gas development has transformed the lands of the Mandan, Hidatsa and Arikara people and as majority landowners, we need to be heard.
Jodi Rave, publisher of Buffalo’s Fire and executive director of the Indigenous Media Freedom Alliance, is an award-winning journalist and opinion writer. She lives on the Fort Berthold Reservation where she is an enrolled citizen of the Mandan, Hidatsa and Arikara Nation.