Senator Cramer’s Weekly Update March 11-17

Historic Dakota Access Pipeline Trial Concludes

Friday concluded the fifth week in North Dakota v. United States, a lawsuit filed by the state under the Federal Tort Claims Act (FTCA), seeking $38 million in damages due to the unlawful occupation of Dakota Access Pipeline (DAPL) protestors on federal lands more than seven years ago. As a result of the violent and illegal activities which took place on federal, state, and private land, North Dakota experienced a public safety crisis after the federal government failed to follow its special use permitting process or meaningfully assist the state with emergency response efforts.

This landmark trial has captured both state and national attention as the actions of the Department of Justice (DOJ) have come under scrutiny, revealing a pattern of behavior which has significantly impacted North Dakota. Since the beginning of this legal battle, the DOJ has filed numerous motions to extend the duration of the litigation. From 2019 to 2024, the DOJ's strategic filings have not only challenged the jurisdiction and sought summary judgments but have also aimed to control the evidence through motions to compel and exclude expert testimonies. Such actions reveal a calculated attempt to delay the litigation, increase costs, and leverage the complexities of the federal legal system to hinder a swift resolution.

Throughout the last five weeks of trial, the court has heard video depositions and testimony from more than a dozen witnesses on behalf of the state and the United States. The state presented mountains of evidence showing the federal government encouraged DAPL protestors and were aware of the consequences.

The government’s strategy so far is to focus on anything and everything other than their own culpability for the protests. Instead of evaluating the merits of North Dakota’s $38 million claim, they bring in experts and protestors themselves to distract from North Dakota’s claim at hand.

North Dakota did what the feds would not and worked to enforce law and order in an unruly and violent situation, and no amount of beating around the bush will distract from their lack of action.

This trial is not merely about recouping the costs associated with policing the DAPL protests; it is about holding the federal government accountable for its inaction and the subsequent burden placed on our state. At every turn, the DOJ has demonstrated a disheartening disregard for the expeditious resolution of a matter of great importance to North Dakota.

The court should be done assembling the record within a 60-day period. Once it is filed, North Dakota will have 60 days to file its brief and proposed findings of fact and conclusions of law. The United States will then have 45 days from the state’s submission for its brief and proposed findings of fact and conclusions of law to which the state will have 30 days to reply. Judge Traynor is expected to issue his ruling shortly after the post-trial process concludes.

Fox Business Interview Highlights Border Security, Threat of TikTok, Inflation

On Tuesday, I joined Brian Brenberg, Jackie DeAngelis, and Taylor Riggs on Fox Business to discuss border security, the threat of TikTok, and rising inflation.

On Border Security:

We've lived four years with Donald Trump as president where he secured the border. Now, [we've lived] nearly four years with Joe Biden as president where he opened it wide-open, invited everybody in, and gave parole and amnesty to anybody who comes across.

On Threat of TikTok and Pending Legislation:

We have simply got to do more to strategically decouple our supply chain from China and prevent data from going to China—particularly the Chinese Communist Party. I don't think there's any way to do that with an app like TikTok without decoupling it from Bytedance.

On Inflation:

A lot of the core inflation obviously is energy. North Dakotans like high energy prices in the marketplace, but we're also energy consumers, so we would like a nice balanced, predictable rate of inflation and prices, and we have not caught up. We have not had wages and salaries of middle-class America catch up to the aggregated increases under the Biden administration.

Senators Introduce Laken Riley Act

As a result of soft-on-crime policies and the pro-crime agendas of progressive prosecutors, major cities across the United States have seen a historic rate in violent crime over the last couple of years. The violent crime rate has also been escalated by failures in the current immigration enforcement policies, which incentivize and reward criminal acts in some of the nation’s largest cities.

I joined U.S. Senators Katie Boyd Britt (R-AL) and Ted Budd (R-NC) in introducing the Laken Riley Act, which mandates U.S. Immigration and Customs Enforcement (ICE) arrest illegal aliens who commit theft offenses and requires their detainment until they are deported from the country. The legislation also empowers states to take legal action against federal officials who fail to abide by immigration laws.

The legislation was named after 22-year-old University of Georgia nursing student Laken Riley who was murdered by an illegal immigrant. Her killer had previously been cited for theft and shop lifting but was later released.

The Biden administration needs to wake up to the harsh realities its policies have created. Illegal aliens are already criminals when they break our immigration laws.

When they add to their rap sheet, they should be punished accordingly. Detaining and deporting illegals who commit so-called minor offenses is an obvious step toward preventing reoffending.

Laken Riley’s murder was a senseless tragedy, and we owe it to Laken and everyone affected by these crimes to prevent another tragedy like this one.

After the Laken Riley Act passed the U.S. House of Representatives on March 7 with bipartisan support, Senate cosponsors are pressing leadership to bring the legislation to the floor for a vote immediately.

Senators Introduce Legislation to Bolster Bus Manufacturing in North Dakota

The American bus manufacturing industry has been facing a crisis in recent years, with several prominent manufacturers succumbing to bankruptcy. Unfortunately, decades-old payment practices used by the Federal Transit Administration (FTA) have contributed to today’s challenging business environment and are unnecessarily raising costs for bus manufacturers and their customers. Amendments to the FTA are referred to the Senate Banking, Housing, and Urban Development Committee, which has jurisdiction.

I joined fellow Senate Banking Committee members U.S. Senators Tina Smith (D-MN), Katie Britt (R-AL), and John Fetterman (D-PA) in introducing the Bus Rolling Stock Modernization Act. Our legislation cuts bureaucratic red tape, allowing transit agencies to make advance payments of up to 20 percent for bus rolling stock purchased using federal funds. This simple reform would provide much-needed flexibility and cost savings for local transit agencies and manufacturers. These savings will help free up much-needed capital for bus manufacturers, allowing for more significant investments in their operations to help meet customer demand.

This legislation represents a bipartisan effort to revitalize the bus manufacturing industry across America. This simple change will have the dual benefit of much-needed flexibility for local transit agencies and contracting stability for manufacturers like Motor Coach Industries in Pembina, North Dakota. This helps pave the way for further investment and job creation at the facility.

Currently, FTA regulations allow for advance payment only when the manufacturer obtains a performance bond or letter of credit, and the grantee receives pre-approval from FTA. The existing process is cumbersome, time consuming, and costly for both buyers and manufacturers. The Bus Rolling Stock Modernization Act would simplify the purchasing process and help drive down costs for agencies and manufacturers.

Senators Introduce CRA Resolution to Nullify EPA’s Particulate Matter Standard

As mandated by the Clean Air Act, the Environmental Protection Agency (EPA) is required to set the National Ambient Air Quality Standards (NAAQS) every five years for fine particle pollution, or particulate matter (PM). In December 2020, the EPA reviewed and decided to retain the standard set in 2012 for both PM2.5 and PM10 or 2.5 micrometers or less in diameter and 10 micrometers in diameter, respectively. Despite the agency’s figures showing direct emissions of PM2.5 are down 40 percent from 1990 levels and the recent review finalized at the end of 2020, the EPA announced on February 7 its decision to narrow the level of the primary annual PM2.5 from 12 to 9 micrograms per cubic meter in order to “reflect new science on harms caused by particle pollution.”

This rule, which becomes effective on May 6, would place approximately 40 percent of the United States’ population in counties which would be in nonattainment status. Additionally, this rule will require states to submit a proposal to the agency outlining their plan to bring nonattainment counties into compliance within 18 months of the rule taking effect. The Biden administration continues to pursue policies that will inflict serious economic harm with scientifically insignificant environmental benefits. This rulemaking will effectively end manufacturing growth in nonattainment counties and could result in existing businesses foregoing expansion, downsizing, or relocating.

To protect manufacturing growth and defend existing businesses, I joined Senate Minority Leader Mitch McConnell’s (R-KY) Congressional Review Act (CRA) resolution of disapproval to nullify the EPA’s rulemaking.

Despite already achieving significant declines in fine particulate matter levels, the Biden administration chose to unnecessarily narrow existing standards. A significant number of counties across the country would be out of compliance and it would shift areas in North Dakota closer, putting manufacturing at risk and jeopardizing business growth.

Senators Call on Leadership to Freeze AEWR, Protecting Agriculture Independence

Effective January 1, the U.S. Department of Labor (DOL) issued a new annual adjustment to the Farm Labor Survey (FLS) Adverse Effect Wage Rates (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers). According to the American Farm Bureau Federation, the national average AEWR will be $17.55 this year, an 5.6 percent increase from last year. This marks the third year in a row the AEWR has increased more than 5 percent.

For 2024, North Dakota’s AEWR is set at $18.32, an increase from the Fiscal Year 2023 rate of $17.33. This year’s rate increase, when combined with anticipated increases to the Occupational Employment and Wage Statistics AEWR, will place further strain and pressure on farmers and ranchers already struggling with elevated input costs.

I joined U.S. Senator Mike Crapo (R-ID) and our colleagues in sending a letter to Senate Majority Leader Chuck Schumer (D-NY) and Senate Minority Leader Mitch McConnell (R-KY), requesting the earliest possible legislative vehicle freezes the H-2A wage rates at January 2023 levels.

Senators Express Concerns Over United States Agricultural Trade Deficit

Over the last two decades, the United States has significantly increased agricultural exports and imports. Between 2013 and 2023, agricultural exports expanded at a compound annual growth rate of 2.1 percent, whereas imports increased by 5.8 percent. Classified as the world’s second largest agricultural trader, the United States’ total agricultural exports reached $196 billion in 2022.

Despite removing technical barriers to trade and negotiating free trade agreements, U.S. agricultural exports declined by more than $17 billion during the last fiscal year and the deficit is projected to reach a record of $30.5 billion in fiscal year 2024. The Ninth Federal Reserve District, which includes North and South Dakota, was hit especially hard by the decline in exports, particularly in corn and soybean exports, which were down 25 percent in 2023. This unsustainable, avoidable decline negatively effects American workers, farmers, and ranchers, and millions of jobs throughout the U.S. export supply chain.

I joined U.S. Senator John Thune (R-SD) in sending a letter to Secretary of Agriculture Tom Vilsack and U.S. Trade Representative Katherine Tai, expressing concerns over the widening deficit in the trade of agricultural goods. Our letter asks the Biden administration about its plan to increase U.S. agricultural exports in 2024 and whether it intends to pursue new trade agreements with countries to obtain greater global market access for agriculture products in 2024.

Additionally, our letter asks the administration to “analyze and consider the relationship between U.S. competitiveness and market share in foreign agricultural markets with negotiated tariffs, tariff rate quotas, and other market access provisions.”

Senators Introduce Resolution Challenging FCC’s “Digital Discrimination” Rules

In an unprecedented attempt to establish unwarranted federal control over the U.S. broadband industry, the Federal Communications Commission (FCC) adopted “digital discrimination” rules in November, which will go into effect on March 22. Under these rules, internet service providers (ISPs) are subject to a “disparate impact" standard, making them accountable for any unintentional discriminatory effects of their policies.

Under this framework, ISPs face liability, including possible fines and other sanctions, for any policies that lead to unequal broadband access, regardless of whether there was any discriminatory intent behind those policies. Further, the Commission’s rules grant the federal government an extensive mandate to oversee almost every aspect of broadband in the country.

According to FCC Commissioner Brendan Carr’s dissenting statement, the rules essentially allow the Administrative State to regulate every decision pertaining to U.S. broadband service and ISP operations, including network infrastructure, service terms, customer interactions, and financial arrangements. The Commissioner explained the Biden administration’s broadband agenda can be boiled down to one word: control. Carr stated, “Never before, in the roughly 40-year history of the public Internet, has the FCC (or any federal agency for that matter) claimed this degree of control over the Internet.”

I joined U.S. Senator Mike Lee (R-UT) and our colleagues in introducing a Congressional Review Act (CRA) joint resolution of disapproval to nullify the FCC’s “digital discrimination” rules and to protect the U.S. broadband industry from unjustifiable federal control, remove barriers to broadband expansion, and defend broadband providers from overreaching regulations.

The FCC’s rulemaking is not about discrimination, but rather about government control. The internet has successfully thrived in a free market, and more government control will not improve it.

U.S. Army Corps of Engineers Awards $23 Million Contract for North Dakota Flood Risk Management Project

The U.S. Army Corps of Engineers (USACE) issued a contract of $23,872,642.50 to R.J. Zavoral & Sons, Inc. for the construction of the Southern Embankment Reach SE-2B, in support of the Fargo Moorhead Metropolitan Area Flood Risk Management Project. Construction on the project is expected to be completed on August 31, 2027.

These funds were delivered by the fully paid-for 2021 Bipartisan Infrastructure Law. I helped craft and negotiate the legislation in my role as ranking member of the Environment and Public Works Transportation and Infrastructure Subcommittee. In an op-ed published in The Washington Times, I highlighted the importance of investing in water infrastructure.

Standing Rock Sioux Tribe Chairwoman Janet Alkire

Any day I get to see my friend and Standing Rock Sioux Tribe Chairwoman Janet Alkire is a good day. We talked about the benefits of the Special Diabetes Program for Indians and expanding access to behavioral health services.

Spirit Lake Nation Chairwoman Lonna Jackson Street

I always appreciate sitting down with Spirit Lake Nation Chairwoman Lonna Jackson Street. We discussed increasing federal support for tribal law enforcement.

North Dakota League of Cities

I met with folks from the North Dakota League of Cities to speak about how the Bipartisan Infrastructure Law can serve local communities and help them address transportation and water infrastructure needs.

General Daniel Hokanson

I appreciated my conversation with General Daniel Hokanson about his priorities for the National Guard and how we can work together to support the men and women who serve in both Air and Army Guard units across the nation and globally.

Joe Goffman

This week, I met with the Environmental Protection Agency’s Joe Goffman about the MATS proposal. As written, it would place burdensome compliance costs on North Dakota's lignite producers and stress the electrical grid at a time we can least afford it. I told him Lignite Energy Council’s input must be at the forefront.

Ken Nelson and Alan Lowry

I enjoyed sitting down with Ken Nelson and Alan Lowry to speak about the relationship between Northern Ireland and the U.S. We had a great conversation about our trading partnership and issues impacting economic development in our countries.

UND’s Energy and Environmental Research Center Receives More Than $4 Million for Hydrogen Cell Technology

The University of North Dakota’s (UND) Energy and Environmental Research Center (EERC) has been awarded $4,200,000 to develop commercially-viable hydrogen cell technology. Through this project, researchers could potentially lower the required operating temperature of O-SOECs, improving cell and stack durability, and enabling the use of less costly steel alloys for system construction without sacrificing efficiency.

In October, the Department of Energy (DOE) awarded $925 million to EERC for their Heartland H2 Hub in partnership with Marathon Petroleum, TC Energy, and Xcel Energy. Last year, I submitted a letter of support for EERC’s application on behalf of Heartland Hydrogen Hub (HH2H) LLC to secure funding from the DOE’s Office of Clean Energy Demonstrations to establish the hub.