UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street DENVER, CO 80202-1129 Phone 800-227-8917 http://www.epa.gov/region08

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# 12 LU:": Ref: 8P-AR Elgin Crows Breast, THPO Mandan, Hidatsa, and ArikaraNation 404 Frontage Road NewTown, North Dakota 58763 Re: Request to Initiate Consultation Under Section 106 ofthe National Historic Preservation Act onDevelopment ofa Federal Implementation Plan for Crude Oil and Gas Production Facilities on the Fort Berthold Indian Reservation DearMr. Crows Breast: TheU.S. Environmental ProtectionAgency Region 8 (EPA) is initiating consultation under Section 106 ofthe National Historic Preservation Act (NHPA) and its implementing regulations at 36 C.F.R. Part 800 with the Three Affiliated Tribes Tribal Historic Preservation Officer (THPO) as we develop a Federal Implementation Plan (FIP), pursuantto the Clean Air Act (CAA), for crude oil and gas production facilities withinthe exteriorboundaries ofthe Fort Berthold Indian Reservation (FBIR). The EPA is developing this FIP to create federally enforceable requirements under the CAA for all oil and gas production sites onthe reservation. The FIP will help ensure protection ofair quality while allowing oil and gasproduction sources to take creditfor emission controls that are already being employed as a matter ofpractice, but which are not currently federally enforceable. Allowing these controlsto become federally enforceable makes it possible to account for them when operators determine the applicability ofCAA permitting requirements that apply in Indian country. In short, this FIP will reduce the need for the new and existing oil and gas production facilities onthe reservation to obtain synthetic minor. Furthermore, the EPA fully recognizes the importance ofdeveloping this FIP in a timely manner to prevent potential delays in oil and gas production on the reservation. The FIP will be designed to manage air emissions associated with oil and gas production on the reservation to protect air quality in anequivalentmanner to how these emissions are managed by the state ofNorth Dakotaoutside ofIndian country. Because the FIP will apply throughout the entire reservation, EPA is considering the reservation as the area ofpotential effect as that term is defined in the NHPA Section 106 regulations at 36 C.F.R. § 800.16(d). The National Park Servicemaintains an internet resource that was used to determine whether any registered historic places are within the external boundary ofthe FBIR. Thirty-nine sites are located outside the exteriorboundary ofthe FBIR in counties that also include FBIR land. One site (Evans Site) is located nearNew Town, however becausethe address is restricted 

### it is not possible to know its actual location. We would appreciate any informationyou may have as to that site and any other possible historic properties within the FBIR that may be affected by the FIP. I have enclosed a list oftheregistered historic places with this letter. The EPA is reviewing the FIP for potential impacts on historic properties on the FBIR. Based on our reviewofinformation from the National Park Service, we have preliminarily determined that the FIP should not have effects on any properties listed on theNational Register ofHistoric Places. As a related matter, we note that the Bureau ofIndian Affairs (BIA) and the Bureau ofLand Management (BLM) also have roles regarding management ofoil and gas activities on the FBIR. BIA and BLM have implemented a Memorandum ofUnderstanding (MOU, BLM-MOU-MT920-0121) describing eachAgency'sresponsibilities for the prelease and postlease phase ofoil and gas development, including compliance with requirements under the National Environmental PolicyAct of 1969 (NEPA). The NHPA analysis and associated documentation prepared by those agencies are included in theirNEPA process. Importantly, we understand that the BIA and BLM coordinatedefforts address NEPA and NHPA requirements priorto any surface disturbance or subsurface drilling by oil and gas facilities. We further understand that on-site cultural resource surveys are conducted at proposed sites andrecommendations and adjustments are made at that time to mitigate any potential impacts. This process occurs independently ofthe EPA's actions. Thank you very much for your attention to this matter. Ifyou have any information on possible historic properties that may be affected by the FIP orour preliminaryNHPA determination regarding properties listed onthe National Register, please notify me in writing within the 30 day time period described at 36 C.F.R. 

### § 800.3(c)(4). Ifwe haven'theard back from you within the 30 day time period, we will proceed with our findings. You canreach me at the above address, or by phone at (303) 312-6416, or your staff can contact VictoriaParker-Christensen, at (303) 312-6441 or parker-christensen.victoria@epa.gov. Thank you for your assistance, I look forward to hearing from you on this important matter. Sincerely,

# ~~ Director, Air Program

Enclosure: List ofNational Park Service Registered Historic Properties

cc: Tex Hall, Chairman, Three Affiliated Tribes Joe Gillies, Jr., Environmental Director, Three Affiliated Tribes Fred Fox, Tribal Energy Department Administrator, Three Affiliated Tribes



# ®Printed on RecycledPaperRegistered Historic Places The National Park Servicemaintains an internetresource that was used to determine whether any registered historic places are withinthe external boundary ofthe FBIR: National Register ofHistoric Places database, http://www.nps.gov/history/nr/research/index.htm An additional site was used to provide additional information onthese historic places: National Register ofHistoric Places, http://www.nationalregisterofhistoricplaces.coml a. County information (i.e. Mountrail County) http://www.nationairegisterofhistoricpiaces.comlNDlMountraillstate.html b. Historic Districts within a county (i.e. Mountrail County) http://www.nationalregisterofhistoricplaces.comlND/Mountrailldistricts.html The results ofthe database search indicatedthatthere are 40registered cultural places within Dunn, McKenzie, McLean, Mercer, Mountrail and WardCounties. The historic properties are listedbelow:
County in FortBertholdIndianReservation Distance Outside External Boundary Re istered Historic Place Ci Location FBIR Dunn County Dunn County Courthouse Manning 20 miles 2 HutmacherFarm Manning 20 miles 3 SaintsPeter and Paul Church New Hradec 38 miles

McKenzie County 4 Birdhead Ranch House NE ofAlexander 5 FairviewLift Bridge Cartwright 54 miles 6 Grassy Butte Post Office Grassy Butte 25 miles 7 Sandstone School Keene 7 miles

McLean County 8 FormerMcLean County Courthouse Washburn Approx. 36 miles 9 Holy Trinity Ukrainian Greek Orthodox Church Wilton Approx. 50 miles 10 Ingersoll School Washburn Approx. 30 miles II McLean County Courthouse Washburn Approx. 36 miles 12 Semevolos Farm Butte Approx. 50miles 13 Soo Line Depot Wilton Approx. 50 miles 14 Zion Lutheran Cemetery, Wrought-Iron Cross Site Mercer Approx. 45 miles

Mercer County 15 Beulah School Beulah Approx. 14 miles 16 BigHidatsa Village Site 1mile N ofStanton Approx. 20 milesCounty inFortBertholdIndian Reservation Distance Outside External Boundary RegisteredHistoric Place Ci Location FBIR 17 FortClarkArcheological District Stanton Approx. 20 miles 18 Hazen High School Hazen Approx. 16 miles 19 High Butte Effigy and Village Site Riverdale Address restricted 4 mile W & I mile N 20 Knife River Bridge ofStanton Approx. 20miles Knife River Indian Villages National Historic Site Address restricted 21 Archeological District Stanton Approx. 20miles 22 Fred Krause House Hazen Approx. 16 miles 23 St. Paul'sLutheran Church Hazen Approx. 16 miles

Mountrail County 24 Evans Site New Town Address restricted 25 GreatNorthern RailroadUnderpass Stanley 21 miles 26 Mountrail County Courthouse Stanley 21 miles

Ward County 27 Andrew Carr, Sr. House Minot Approx. 27 miles 28 EastwoodPark Bridge Minot Approx. 27 miles 29 Levi Glick Round Bam Surrey Approx. 35 miles 30 Minot CarnegieLibrary Minot Approx. 27 miles 31 Minot Commercial Historic District Minot Approx. 27 miles 32 Minot Industrial Historic District Minot Approx. 27 miles 33 OurSavior's Scandinavian Lutheran Church Coulee Approx. 37 miles 34 Soo Line PassengerDepot Minot Approx. 27 miles 35 South Prairie Community Hall Minot Approx. 27 miles 36 Tufveson House Minot Approx. 27 miles 37 U.S. Post Office Minot Approx. 27 miles 38 Union National Bank and Annex Minot Approx. 27 miles 39 WardCounty Courthouse Minot Approx. 27 miles 40 Westland OilFilling Station Minot Approx. 27 miles Thirty nine sites are located outsidethe external boundary ofthe Fort Berthold Indian Reservation. One

r'site (Evans Site) is located nearNewTown, butbecausethe address is restricted the EPAhas not detennined whether it is withinthe FortBerthold Indian Reservation. New Townis, however, within the Reservation.