Police thwart pipeline protesters' bridge over creek

Maj. Gen. Alan Dohrmann, the leader of the state's National Guard, speaks at the state Capitol in Bismarck, N.D., to Gov. Jack Dalrymple, right, and other members of the state Emergency Commission while requesting an additional $4 million for the North Dakota Department of Emergency Services related to law enforcement costs associated with the Dakota Access Pipeline protests in Morton County.
Maj. Gen. Alan Dohrmann, the leader of the state's National Guard, speaks at the state Capitol in Bismarck, N.D., to Gov. Jack Dalrymple, right, and other members of the state Emergency Commission while requesting an additional $4 million for the North Dakota Department of Emergency Services related to law enforcement costs associated with the Dakota Access Pipeline protests in Morton County.

CANNON BALL, N.D. -- Officers in riot gear clashed again Wednesday with protesters near the Dakota Access pipeline, hitting several dozen with pepper spray as they waded through waist-deep water to reach property owned by the pipeline's developer.

The confrontation came just hours after North Dakota regulators discussed the possibility the pipeline company could be fined for not immediately reporting that American Indian artifacts had been found along the route and a day after President Barack Obama raised the possibility of future reroutes to alleviate tribal concerns.

Public Service Commission Chairman Julie Fedorchak said she was "extremely disappointed" that Texas-based Energy Transfer Partners waited 10 days before reporting last month's discovery of stone cairns and other artifacts. The panel could decide to levy fines of up to $200,000, Fedorchak said, though she said such a high amount would be unlikely.

After an inspection, company consultants decided to divert the construction by about 50 feet, even though they determined there was a "low likelihood" any additional artifacts were buried nearby. The State Historic Preservation Office did concur with the company's plan on how to proceed after the artifacts were found.

Although that change was relatively minor, Obama said it was possible the Army Corps of Engineers eventually could examine much larger ones that would reroute the pipeline in southern North Dakota. He made the remarks during an interview with the online news outlet NowThis News.

On Wednesday afternoon, protesters tried to build a wooden pedestrian bridge across a creek to enter the property, then attempted to swim or boat across when officers dismantled the bridge, Morton County sheriff's spokesman Donnell Hushka said. Two arrests were reported.

Volunteer medics treated some of the protesters for hypothermia during the confrontation near the mouth of the Cannonball River.

About 140 people were arrested on the property last week in a law enforcement operation that cleared the encampment.

The potential for damage to American Indian sites and artifacts has been a flash point in a monthslong protest over the pipeline, which is intended to carry crude oil from western North Dakota almost 1,200 miles to a shipping point in Patoka, Ill. The Standing Rock Sioux, whose reservation lies near the pipeline route, have led a protest over that issue and the pipeline's potential hazard to drinking water.

Tribal officials said in September that they had identified cultural artifacts on private land along the route. After that finding, North Dakota's chief archaeologist, Paul Picha, inspected the area and said no sign of artifacts or human remains had been found.

Picha said he was notified in a timely manner of the most recent discovery in a new area but didn't report it to the commission because he thought the pipeline company would. Both Picha and Fedorchak said the site itself was properly handled, with Energy Transfer Partners moving the pipeline route to avoid the artifacts.

"We reviewed the information, wrote a letter of correspondence ... saying we agreed with the avoidance plan," Picha said.

Company spokesman Vicki Granado didn't immediately respond to a request for comment about the potential for fines over the lag in reporting about the artifacts. The company would have an opportunity for a hearing to dispute any allegations. A company attorney said in an Oct. 27 letter to the commission that the company didn't intentionally delay notifying the agency.

Fedorchak said the company potentially could be fined either for the reporting delay or for moving on with construction without getting commissionclearance. Both will be investigated, she said.

The Standing Rock Sioux tribe has not weighed in on the find. Tribal Chairman Dave Archambault and tribal Historic Preservation Officer Jon Eagle Sr. did not immediately respond to requests for comment.

The 1,172-mile pipeline is largely complete outside North Dakota.

In the face of the protest, North Dakota leaders have agreed to borrow an additional $4 million to cover the escalating costs of policing the demonstrations at the pipeline.

The state has now run up a $10 million line of credit for law enforcement costs after an emergency spending panel headed by Gov. Jack Dalrymple voted Tuesday to borrow the additional funds from the state-owned Bank of North Dakota.

Dalrymple said officials have asked for contributions from the federal government, the pipeline company, an American Indian tribe, "and any entity we can think of." So far, North Dakota and the local governments it backs have shouldered most of the law enforcement expenses -- even paying for officers from other states that have assisted North Dakota during the protests.

House Majority Leader Al Carlson called the lack of federal support "very disturbing" but said the state "will always step up for safety."

"I can't tell you how disappointed I am at the lack of support from the Obama administration on an issue that's clearly a federal issue," Carlson said.

The U.S. Justice Department and the pipeline company did not immediately respond to email questions from The Associated Press about the state's request for additional money. A call to the Standing Rock Sioux tribe was not immediately returned.

Energy Transfer Partners has not given the state any money for the protest response. However, Emergency Services spokesman Cecily Fong said the pipeline developer has provided a security helicopter that has aided law enforcement officials and has agreed to use it for medical evacuations if any officers or protesters suffer serious injuries.

Information for this article was contributed by James MacPherson of The Associated Press.

A Section on 11/03/2016

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