[Congressional Record Volume 162, Number 172 (Thursday, December 1, 2016)]
[House]
[Pages H7111-H7114]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 PROTESTS OF THE DAKOTA ACCESS PIPELINE

  The SPEAKER pro tempore (Mr. Donovan). Under the Speaker's announced 
policy of January 6, 2015, the Chair recognizes the gentleman from 
North Dakota (Mr. Cramer) for 30 minutes.
  Mr. CRAMER. Mr. Speaker, I rise this evening to talk about the rule 
of law, the importance of enforcement of the rule of law, the 
importance of a government that stands for law and order.
  I ask your indulgence, Mr. Speaker, as I begin my comments tonight by 
reading a resolution of support, a resolution that illustrates the 
position of a very important organization in my State of North Dakota, 
the North Dakota Veterans Coordinating Council.

                              {time}  2000

  It reads like this:

       Whereas: The protests against the Dakota Access Pipeline 
     have been going on for over 100 days in North Dakota.
       Whereas: The protests have been conducted on public and 
     private land without proper permission.
       Whereas: The protests have not remained peaceful. In fact, 
     the protesters have caused millions of dollars in damage. 
     They have destroyed public and privately owned property, 
     vehicles, and equipment to include heavy equipment and trucks 
     owned by private contractors, at least two government trucks, 
     cut privately owned fences, and slaughtered farm animals 
     owned by private farms. Protesters have assaulted and thrown 
     Molotov cocktails and hard objects at North Dakota law 
     enforcement officers and military personnel who are sworn to 
     keep the peace and protect North Dakota's citizens.
       Whereas: Protesters have desecrated North Dakota State and 
     Federal property, to include the North Dakota State Capitol 
     and, yes, the North Dakota pillar of the World War II 
     Monument right here in Washington, D.C., located at The 
     National Mall.
       Whereas: The protesters of the Dakota Access Pipeline in 
     and around Standing Rock have desecrated the American flag by 
     flying it upside down, sewing emblems over the flag, and 
     displaying emblems and non-U.S. flags in a dominant manner to 
     the U.S. flag in violation of North Dakota Century Code.
       Whereas: 95 percent of the protesters are not North Dakota 
     citizens or Native Americans. Many are professional paid 
     protesters

[[Page H7112]]

     unaware of the true understanding of the issues at hand.
       Whereas: As former military members, we have all taken an 
     oath to defend the Constitution of the United States against 
     foreign and domestic enemies, the American flag, and our 
     freedom. As veterans, we continue to support our military, 
     law enforcement, and all of our constitutional rights we have 
     fought for.
       Whereas: As veterans of the U.S. military, we have fought 
     for and maintained the rights of our citizens to peacefully 
     protest. The protests in Standing Rock have not been peaceful 
     and, therefore, violate the rights of those living peacefully 
     around the protest site and threaten the sanctity and 
     sustainability of our basic freedom of peaceful protests by 
     crossing the line into unlawful activities.
       Whereas: Individual veterans and veteran groups from 
     outside of the State of North Dakota have reached out to 
     North Dakota veterans and veterans service organizations for 
     support in their plan to recruit veterans to assemble in 
     North Dakota in support of the Standing Rock protest against 
     the Dakota Access Pipeline.
       Whereas: Veterans standing in a nonpeaceful protest against 
     the Dakota Access Pipeline, will also be standing against 
     North Dakota law enforcement, military, private and 
     government entities, reflects poorly upon themselves, our 
     veterans organizations, veterans as a whole, the State of 
     North Dakota, and our country.
       Therefore: Let it be the position of the North Dakota 
     Veterans Coordinating Council made up of the North Dakota 
     AMVETS, American Legion, Disabled American Veterans, Veterans 
     of Foreign Wars, and the Vietnam Veterans of America 
     adamantly oppose and condemn any veteran organization or 
     persons representing themselves as U.S. military veterans who 
     associate or involve themselves with the illegal activities 
     which have occurred or take part in any unlawful or 
     unbecoming conduct or assembly in protest to the Dakota 
     Access Pipeline in North Dakota.

  Mr. Speaker, I could never say it better than the men and women who 
have fought and who have been willing to die for our liberties. They 
have said it perfectly in this position in support of a legally 
permitted pipeline and in support of our law enforcement officers who 
have exercised tremendous restraint against violence thrown at them. I, 
for one, am tired, as are the vast majority of North Dakotans, of 
people from outside of our State with a political agenda who have co-
opted the reasonable, peaceful protests that once began what has become 
a full-fledged riot.
  Mr. Speaker, for more than 3 months, thousands of rioters disguising 
themselves as prayerful people, peaceful protesters, have illegally 
camped on Federal land owned or at least managed by the U.S. Army Corps 
of Engineers, owned by the taxpayers of this country. They have 
illegally camped on the shores of the Missouri River.
  By the way, Mr. Speaker, if you and I decided to go for a walk on 
that same land and picked up a rock and threw it in the river, we would 
be fined by this government. But, oh, no, not antifossil fuel rioters. 
No, they are enabled; no, they are encouraged by our Federal 
Government, at least this current Administration.
  Celebrities, bad actors; celebrities, political activists; and anti-
oil extremists are blocking this pipeline's progress, and they are 
doing so based not on good information, not on the law, but rather on a 
leftwing political agenda. Oh, by the way, these celebrities and these 
rioters fly in on jet airplanes that are fueled by jet fuel that is 
refined from oil, in many cases Bakken oil; but let's ignore the irony 
and the hypocrisy for the moment.
  North Dakotans like these veterans that I just read about have 
respected the rights of peaceful protesters, but this has gone way 
beyond that. It has become rioting, plain and simple. In fact, I think 
it is important to note, Mr. Speaker, that two Federal courts right 
here in the District of Columbia have upheld the legality of this 
pipeline. First, a D.C. Circuit district judge appointed by President 
Obama, I might add, denied a request for an injunction to stop this 
pipeline based on the fact that not only has the company and the Corps 
of Engineers and the North Dakota Public Service Commission met every 
letter of the law, but exceeded it, including, according to this 
judge's own opinion, exceeding the requirements for consultation with 
the sovereign tribes. The project developer and the Army Corps tried 
desperately to engage the Standing Rock Sioux tribe dozens of times, 
only to be rejected for more than 2 years.

  Mr. Speaker, all that remains for the pipeline to be finished is an 
easement to begin the process and to finish the process of connecting 
this pipeline under the Missouri River in North Dakota, an easement 
that has been prepared and finished for months. Of course, the Obama 
administration rescinded a permit that had already been issued, a 408 
permit to allow the pipeline to be built under this river. The same 
administration, by the way, who has gone to court to defend it. It is 
ironic, to say the least. It is chaos, to say the best.
  At the center of this issue is an administration that refuses--not 
just refuses to follow the rule of law, but enables and encourages the 
breaking of the law, beginning with the fact that thousands of illegal 
protesters are allowed to camp, to trespass on federally owned land.
  Now, if you allow somebody to illegally assemble, why would they not 
think that they should be allowed to burn property? Why would they not 
think they should be allowed to trespass on private land? Why would 
they think they shouldn't be allowed to throw Molotov cocktails at 
police officers trying to protect innocent citizens? Why would they not 
think they could follow a police officer home and harass his family 
until they had to move out of their home, or follow a National Guard 
member to their apartment and then harass them at their apartment and 
force their family to leave, to spit on them? Why would they think they 
shouldn't be allowed to do that if the President of the United States 
says go ahead and trespass?
  Never mind that this is a legally permitted pipeline. Let's just 
ignore that. Let's withdraw the permit that we have already issued, 
that we are defending in court. Why wouldn't they think that?
  What has happened, Mr. Speaker, to virtue in this country?
  When I see these protesters, rioters, criminals, thugs--yes, thugs; 
it is not a racial comment; it is just what you call people who are 
thugs--I look at them and I think, who is their mother? Where were they 
raised? How were they raised?
  What has happened in this country when we stand here in this Chamber, 
in this assembly, in this town, and we hear some people, politicians, 
supposed leaders, talk about law enforcement as though they are the 
problem? What has happened that people have become confused about the 
difference between breaking the law and enforcing the law?
  It is hard for North Dakotans to see that because we are not confused 
by that. We were raised by parents who told us what was right and what 
was wrong, who taught us to respect the legal system, to respect law 
enforcement officers. We have really respectable police officers in 
North Dakota, and we do throughout this country, because we have seen 
them come from multiple States. The National Sheriffs' Association has 
sent many officers. Other States and city police departments and 
counties have sent law enforcement officers to give some assistance to 
our overworked, overtaxed law enforcement officers right in North 
Dakota. We are tired of it.
  Stay home, Jane Fonda; don't come back and deliver food, pretend that 
somehow you care and take off again in your private jet; unless you 
want to try to fly that jet on solar panels, then come on, we will take 
you.
  You can't encourage illegal behavior and then wonder why there is 
violence, Mr. Speaker; and that is what our President has done.
  Let's give a little background on this. I know a little bit about 
siting pipelines. I was a regulator for nearly 10 years. I have sited 
several of them. This 1,172-mile Dakota Access Pipeline will deliver as 
many as 570,000 barrels of Bakken crude oil every day to Patoka, 
Illinois, and then to other markets beyond. This is 570,000 barrels of 
oil that is currently being produced every single day. It is being 
transported now. It will always find its way to market. It is just that 
it is being transported by trains and trucks. Oh, those aren't as safe 
or as efficient or even as environmentally friendly ways to move oil as 
a safe pipeline is, especially one that is going to be buried 100 feet 
below the bottom of the river, to make sure that the water is safe.
  From the outset of this process, the Standing Rock Sioux leaders have 
refused to sit down and meet with either

[[Page H7113]]

the Corps of Engineers or the pipeline developer. However, 55 other 
tribes have. The Corps consulted with 55 Native American tribes at 
least 389 times, after which they proposed 140 variations of the 
current route to avoid culturally sensitive areas in North Dakota 
alone.
  That is right, Mr. Speaker, you are not going to read about that in 
the New York Times or the Washington Post. You are never going to hear 
about it on NBC or ABC or CBS. You may not even hear about it in North 
Dakota because, frankly, even our media are afraid of the ramifications 
of violent rioters who are willing to commit violent acts if you cross 
them. Yes, even my home address has been posted on their Web sites and 
on their Facebook pages so that they know where my family and I live. 
These are the prayerful, peaceful protesters you hear so much about on 
the NBC News.

  This project route was examined, reviewed, studied, and ultimately 
supported by the North Dakota Public Service Commission, the State 
Historic Preservation Office, assorted tribal consultants from around 
the country, and multiple professional independent archaeologists. This 
is a thoroughly vetted pipeline, which is why it has over 200 Federal 
permits, all of which have been delivered and have been built, except 
for this one, which was rescinded to make a political statement.
  They say that they object to the pipeline being close to the water 
intake of the Standing Rock Sioux Reservation. However, it shouldn't be 
of any concern. As I said, this is going to go between 90 and 115 feet 
below the floor of the river. It is double-lined pipe. It has got 
control valves at both ends and sensors at both ends. It is the safest 
pipeline in the world.
  By the way, the intake for Standing Rock's drinking water, the new 
one, which will be in service before the end of this year, is 70 miles 
away. There is a railroad track that carries hundreds of thousands of 
barrels every day over the top of the Missouri, as close as that.
  By the way, the other thing you often hear is that this was not the 
original route, that there were other preferred routes, but because 
they crossed at places that affected a different kind of people than 
the Standing Rock Sioux tribe, that this was somehow discriminatory.
  Let me set that record straight as well. I know, as I said, a fair 
bit about pipelines. I have read the permit. I have read the 
application. I have read the judge's opinions. It was always planned 
for this location for a very good reason, Mr. Speaker. By the way, 
there are at least 10 to 12 other petroleum pipelines north of this 
same location. This is just going to be the latest and greatest of 
them. The main reason this route was chosen was because it was the 
least intrusive on the environment, on waterways, on private property, 
and on cultural resources.

                              {time}  2015

  The other locations that were under consideration that were not 
chosen crossed many more bodies of water and were much closer to many 
wells and cultural resources and very important historical resources. 
It was 48 extra miles of previously undisturbed field areas. This is 
and was the best route because it is an existing corridor. In this same 
corridor, there is already a natural gas pipeline. There is already a 
large electric transmission line. That is why it was chosen.
  Let me talk a little bit about the impact this is having on my State. 
We had the recent vandalism of the graves in Bismark. That is right. 
They vandalized graves in a Bismark cemetery. Of course, the 
unconscionable graffiti markings on the North Dakota World War II 
pillar that the veterans wrote about earlier are examples of how these 
peaceful protestors' actions don't match their claims.
  The responsibility of protecting property and residents has fallen on 
the shoulders of the State of North Dakota because, guess what, when we 
asked the Obama administration for law enforcement help, for 
reimbursement, at least, for our State and for our counties for a 
situation that they created by their refusal to obey the law 
themselves, they sent some PR people from the Department of Justice. 
They sent people to watch our cops to make sure they don't do something 
wrong. See, again, they are confused about the difference between 
breaking the law and enforcing the law. We are not confused about that 
in North Dakota.
  Attempts to get reimbursement or to get U.S. Federal help have fallen 
on deaf ears. So far, North Dakota has had to borrow $17 million to 
cover law enforcement costs. I will tell you this--and we have heard in 
the Chamber a lot of bad-mouthing of the incoming administration--I 
can't wait. I can't wait to go to Attorney General Jeff Sessions and 
explain the situation to him and ask him for assistance. I am very 
encouraged by President-elect Trump's favorable comments about the 
Dakota Access Pipeline earlier today.
  These protesters, these demonstrators, these rioters have brought 
protests into the communities of Bismark and Mandan. They blocked roads 
and traffic, forcing lock-downs at the State capital and Federal 
buildings. They have forced people to leave their homes. They forced 
daycare centers to close. This daycare was forced into lockdown twice. 
Can you imagine explaining to children, who don't know anything about a 
pipeline and they don't care--and they shouldn't have to--why they are 
in a lockdown, why they have to be careful. Some out-of-State thugs are 
circling the block, harassing the owners.
  Many of our residents are fearful for the safety of their 
neighborhoods and volunteers are hesitant even to deliver Meals on 
Wheels. We have had people call us and say they can't deliver Meals on 
Wheels because people won't even answer their doors because they have 
seen these rioters walking around their property.
  Law enforcement and their families have been stopped and rioters have 
repeatedly tried to intimidate them. On Thanksgiving Day, 300 
protesters blocked traffic in Mandan, North Dakota, carrying a large 
dead pig on a stick while at least as many protesters, again, 
trespassed and built a bridge to reach a hilltop on private property.
  Law enforcement has shown tremendous constraint, giving verbal 
warnings that if they stop making the bridge, there would not be any 
arrests. It was ignored. The bridge was built. Rioters crossed, 
dismantled the bridge, and law enforcement held the line for hours 
against tremendous numbers--they were well outnumbered--without a 
single arrest.
  The protesters are the clear agitators and the criminals here, not 
the police officers. There would be no law enforcement presence if 
these protests were truly peaceful.
  For example, most media have demonized their law enforcement for use 
of water as a less than lethal tool during a protest in cold 
temperatures. They used it to hold back protestors only after they used 
the water to put out prairie fires that were started by the protesters. 
And the protestors got wet from a water cannon. By the way, that is a 
made-up term by the national media to make it sound like some sort of 
violent act by our police department. It was a water hose brought there 
to put out fires. And when they used that to push back hundreds of 
protesters when there were only dozens of police officers, now they are 
blamed for being the agitators.
  As you can tell, I am frustrated, Mr. Speaker. I am frustrated not 
just by the actions of these thugs, because we have come to expect that 
from certain people in this country, unfortunately. I am frustrated by 
this administration's refusal to obey the law, to enforce the law, to 
support the law, but instead enable and actually encourage the breaking 
of the law. That is not what we elect the President for. I am so 
grateful we have a law-and-order President coming into office shortly.
  They have been forced to arrest more than 400 people, most of them 
from out of State. They get bailed out rather quickly. Somehow they 
have a source of lots of money readily available to bail people out and 
cover their expenses. They have chained themselves to equipment to 
prevent work from being done.
  Here is an interesting fact. When it was much warmer in North Dakota 
than it is today, they would chain themselves to the equipment. And 
then, after hours of being there, they would get thirsty. And police 
officers, rather than just letting them stay there, actually helped 
provide them water and held the water so that the protesters, the 
illegal rioters, could get

[[Page H7114]]

a drink of water. That is the quality of our law enforcement officers.
  They burned tires and fields, as I said earlier. They damaged cars 
and bridges. They harassed residents and have torn down fences. They 
killed and slaughtered neighbors' cattle and bison and horses. There 
was at least one report where gunshots were fired at the police.
  By the way, this protest is not about climate. We hear about that. By 
the way, it shouldn't have anything to do with climate. The oil is 
being produced. Now the issue is: How do you transport it? Do you 
transport it in the most environmentally and economical and efficient 
way in a pipeline? Or, do you transport it in some less safe, less 
efficient, less environmentally friendly way?

  The simple fact is, our Nation will continue to produce and consume 
oil, and pipelines are the best way to move that oil. Legally 
permitting infrastructure projects have to be allowed to proceed 
without the threat of improper governmental meddling and activity.
  By the way, what of shovel-ready jobs, Mr. Speaker? What of that? 
What of building the infrastructure of this country with private sector 
money? What a great thing. But for the Bakken and other shale oil plays 
in this country in the last 8 years, we still would be in a recession. 
Most of the jobs that have been created in the last 8 years in this 
country have been created in the energy sector.
  It is not about water protection, as I said. There is a brand new 
intake system being built. It will be operational 73 miles from this 
pipeline. That is not the issue. That is just an excuse. By the way, 
that new intake is about 1.6 miles downstream of a railroad track, a 
railroad bridge that will carry crude oil, as well.
  The pipeline is not going to come in contact with the water. It 
employs the latest and greatest in advanced technology. As I said, a 
dozen or more oil and gas and refined product pipelines already cross 
the Missouri River upstream from the tribe's drinking water intake, and 
this pipeline is crossing at a point where there is existing 
infrastructure. It is an infrastructure corridor.
  Mr. Speaker, the rule of law matters. I am so grateful for our law 
enforcement officers, as I said, not just in Morton County, not just 
around Bismark, Mandan, and not just in North Dakota, but from around 
the country who have come to the assistance of our State. But, Mr. 
Speaker, if we think we are going to rebuild the infrastructure of this 
country, and every time we build a railroad track or a highway or a 
bridge or a pipeline or a transmission line or wind farm or factory, we 
are going to have to put up with this, what kind of investment is going 
to take place in this country?
  As I said, we are not confused in North Dakota about the difference 
between breaking the law and enforcing the law. The vast majority of 
North Dakotans--and when I say vast, well into 90 percent--support law 
enforcement. We are grateful for what they do. We are sorry that you 
are going through this.
  I will fight with everything I have and use every ounce of influence 
I have over the next administration and with my colleagues in this 
Chamber to provide the resources to make sure that you get a day off, 
to make sure that our State gets reimbursed, and that your families are 
compensated for what you have gone through.
  I thank law enforcement officers for taking and making the tremendous 
sacrifice they make to protect legal commerce, peaceful citizens, and 
yes, ironically, Mr. Speaker, I thank the law enforcement officers for 
protecting the right to express ourselves in a peaceful manner.
  Mr. Speaker, I yield back the balance of my time.

                          ____________________