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Home Working with Section 106 ACHP Case Digest Summer 2003 North Dakota: Expansion of Coal
Mining Operations, Mercer County
North
Dakota: Expansion of Coal Mining Operations, Mercer County
Agencies: Office of Surface Mining and Bureau
of Land Management
Nearly 300 prehistoric
and historic sites could be affected by the proposed expansion of
coal mining operations in Mercer County, North Dakota.
Thirty nine
of the prehistoric sites and one of the historic sites have been
determined eligible for listing in the National Register of Historic
Places—but which prehistoric sites may qualify for the National
Register for their traditional religious and cultural importance
has not yet been determined, although a large number of Indian tribes
have indicated that such properties exist within the area.
While consultation
among the tribes, the mining company, Federal agencies, and the
State of North Dakota continues, the mining company has proposed
to address the potential loss of historic properties through measures
that include establishing an Indian Cultural Education Trust contributing
approximately $200,000 to the Indian Education Trust fund for the
tribes for cultural education purposes.
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A coal mining company proposes to expand its operations in Mercer County,
North Dakota. The project, known as the West Mine Expansion, will affect
approximately 17,051 acres, mostly privately owned with a small percentage
under State ownership.
Through surveys of the West Mine Expansion area, 231 prehistoric sites
and 67 historic sites were identified; 39 of the prehistoric sites and
one of the historic sites were determined to be eligible for the National
Register of Historic Places.
The Bureau of Land Management (BLM)which will administer the subsurface
coal in about one-third of the project area as well as lease the Federal
coaland the Office of Surface Mining (OSM)which is responsible
for mining plan approval of any Federal coalhave not resolved which
of the 231 prehistoric sites may qualify for listing on the National Register
for their traditional religious and cultural importance.
Nearly 20 Indian tribes have expressed their concern with the adequacy
of identification and evaluation of the historic properties that they
say contain traditional religious and cultural value. They have expressed
their desire that such values are fully considered in the design and mitigation
measures of the West Mine Expansion.
The coal mining company has proposed to address the losses of historic
properties due to the West Mine Expansion through several approaches,
including establishing an Indian Cultural Education Trust with the North
Dakota State Land Department under a new State law to hold about 10 percent
of the project lands containing some of the historic properties of the
project area for tribal use in spiritual and traditional activities.
In addition, the company has proposed to contribute approximately $200,000
to the Indian Education Trust fund for dispersal to the tribes for cultural
education purposes.
In January 2003, the ACHP participated in a meeting with the projects
consulting parties and was invited by OSM and BLM to formally participate
in the review of the project.
Although a Programmatic Agreement is in draft form and has been circulated
with a draft Cultural Resource Management Plan containing details of the
projects proposed mitigation measures, the projects stakeholders
have not yet agreed on the potential mitigation measures, and consultation
on the projects effects on the historic properties continues.
Staff contact: Alan Stanfill
Updated
November 20, 2003
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