UNITED STA TES ENVIRONMENTAL PROTECTION AGENCY 


REGION 8 


1595 Wynkoop Street 

DENVER, CO 80202-1129 

Phone 800-227-8917 

http://www.epa.gov/region08 

~UL 12 LU:": Ref: 8P-AR 

Elgin Crows Breast, THPO 

Mandan, Hidatsa, and Arikara Nation 

404 Frontage Road 

New Town, North Dakota 58763 

Re: Request to Initiate Consultation Under Section 106 of the National 

Historic Preservation Act on Development of a Federal 

Implementation Plan for Crude Oil and Gas Production Facilities 

on the Fort Berthold Indian Reservation 

Dear Mr. Crows Breast: 

The U.S. Environmental Protection Agency Region 8 (EPA) is initiating consultation under Section 106 

of the National Historic Preservation Act (NHP A) 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), pursuant to the Clean Air Act (CAA), for crude oil and gas 

production facilities within the exterior boundaries of the 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 on the reservation. 

The FIP will help ensure protection of air quality while allowing oil and gas production sources to take 

credit for emission controls that are already being employed as a matter of practice, but which are not 

currently federally enforceable. Allowing these controls to become federally enforceable makes it 

possible to account for them when operators determine the applicability of CAA 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 on the 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 an equivalent manner 

to how these emissions are managed by the state ofNorth Dakota outside of Indian country. 

Because the FIP will apply throughout the entire reservation, EPA is considering the reservation as the 

area of potential effect as that term is defined in the NHPA Section 106 regulations at 36 C.F.R. § 

800.16(d). The National Park Service maintains an internet resource that was used to determine whether 

any registered historic places are within the external boundary of the FBIR. Thirty-nine sites are located 

outside the exterior boundary ofthe FBIR in counties that also include FBIR land. One site (Evans Site) 

is located near New Town, however because the address is restricted it is not possible to know its actual 

location. We would appreciate any information you 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 ofthe 
registered historic places with this letter. 

The EPA is reviewing the FIP for potential impacts on historic properties on the FBIR. Based on our 

review of information from the National Park Service, we have preliminarily determined that the FIP 

should not have effects on any properties listed on the National Register of Historic Places. 

As a related matter, we note that the Bureau of Indian Affairs (BIA) and the Bureau of Land 

Management (BLM) also have roles regarding management of oil and gas activities on the FBIR. BIA 

and BLM have implemented a Memorandum of Understanding (MOU, BLM-MOU-MT920-0121) 

describing each Agency's responsibilities for the prelease and postlease phase of oil and gas 

development, including compliance with requirements under the National Environmental Policy Act of 

1969 (NEPA). The NHPA analysis and associated documentation prepared by those agencies are 

included in their NEPA process. Importantly, we understand that the BIA and BLM coordinated efforts 

address NEP A and NHP A requirements prior to 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 and recommendations and adjustments are made at that time to mitigate any potential impacts. This 

process occurs independently of the EPA's actions. 

Thank you very much for your attention to this matter. If you have any information on possible historic 

properties that may be affected by the FIP or our preliminary NHP A determination regarding properties 

listed on the 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't heard back from you within the 30 day time period, we will proceed 

with our findings. You can reach me at the above address, or by phone at (303) 312-6416, or your staff 

can contact Victoria Parker-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 of National 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 Recycled Paper 
Registered Historic Places 

The National Park Service maintains an internet resource that was used to determine whether any 

registered historic places are within the 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 on these 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 of the database search indicated that there are 40 registered cultural places within Dunn, 

McKenzie, McLean, Mercer, Mountrail and Ward Counties. The historic properties are listed below: 

County in Fort Berthold Indian Reservation 

Distance Outside 

External Boundary 

Re istered Historic Place Ci Location FBIR 

Dunn County 

Dunn County Courthouse Manning 20 miles 

2 Hutmacher Farm Manning 20 miles 

3 Saints Peter and Paul Church New Hradec 38 miles 

McKenzie County 

4 Birdhead Ranch House NE of Alexander 

5 Fairview Lift Bridge Cartwright 54 miles 

6 Grassy Butte Post Office Grassy Butte 25 miles 

7 Sandstone School Keene 7 miles 

McLean County 

8 Former McLean 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. 50 miles 

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 Big Hidatsa Village Site 1 mile N of Stanton Approx. 20 miles 
County in Fort Berthold Indian Reservation 

Distance Outside 

External Boundary 

Registered Historic Place Ci Location FBIR 

17 Fort Clark Archeological 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 of Stanton Approx. 20 miles 

Knife River Indian Villages National Historic Site Address restricted 

21 Archeological District Stanton Approx. 20 miles 

22 Fred Krause House Hazen Approx. 16 miles 

23 St. Paul's Lutheran Church Hazen Approx. 16 miles 

Mountrail County 

24 Evans Site New Town Address restricted 

25 Great Northern Railroad Underpass Stanley 21 miles 

26 Mountrail County Courthouse Stanley 21 miles 

Ward County 

27 Andrew Carr, Sr. House Minot Approx. 27 miles 

28 Eastwood Park Bridge Minot Approx. 27 miles 

29 Levi Glick Round Bam Surrey Approx. 35 miles 

30 Minot Carnegie Library Minot Approx. 27 miles 

31 Minot Commercial Historic District Minot Approx. 27 miles 

32 Minot Industrial Historic District Minot Approx. 27 miles 

33 Our Savior's Scandinavian Lutheran Church Coulee Approx. 37 miles 

34 Soo Line Passenger Depot 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 Ward County Courthouse Minot Approx. 27 miles 

40 Westland Oil Filling Station Minot Approx. 27 miles 

Thirty nine sites are located outside the external boundary ofthe Fort Berthold Indian Reservation. One 

r'site (Evans Site) is located near New Town, but because the address is restricted the EPA has not 

detennined whether it is within the Fort Berthold Indian Reservation. New Town is, however, within 

the Reservation.