DECLARATION OF THEODORA BIRD BEAR
1).
I live out in rural Mandaree on the Fort Berthold Indian Reservation in western North Dakota. As
a recent Medicare-eligible retiree, I have lived in rural Mandaree most of my life including during my
childhood. I have been a permanent resident of rural Mandaree continuously for approximately 33 years.
Mandaree is a small, remote tribal community which has become a targeted area of intensive drilling,
fracking, flaring, and oil and gas extraction on the Fort Berthold Indian Reservation, since late 2007. I am
an enrolled member of the Mandan, Hidatsa, and Arikara Nation (also known as the Three Affiliated
Tribes (TAT) of the Fort Berthold Reservation). I am also a member of Fort Berthold Protectors of Water
and Earth Rights (Ft. Berthold POWER).
2).
Before the intensive oil & gas extraction started in rural Mandaree in 2007-08, our tribal
community had a natural and quiet landscape with the Missouri River as the east border and the Little
Missouri as the southern border. For about 24 years altogether, I was employed full time and commuted
about 80-miles round trip everyday to New Town.
3).
Since 2007 - or for the past 10 years - my community of rural Mandaree has been the targeted
area for drilling, fracking, and flaring on the Fort Berthold Indian Reservation. There are now hundreds
of flaring and venting wells in Mandaree - and hundreds more on the way. Lately, I've seen wells with up
to five (5) active flares going day and night in the West Segment or Mandaree area of Fort Berthold.
4).
Mandaree and the Fort Berthold Indian Reservation - including the Missouri River and the Little
Missouri - are very special to me because this landscape is the last of our historic pre-treaty lands.
Although we lost millions of acres in treaties and executive orders in the 1800's and all seven (7) of
our tribal communities were forcibly and permanently flooded out by the Garrison Dam in the 1950's, we
have consistently remained anchored here in our pre-treaty homelands. We stayed true to our land and
ourselves - and this is our strength.
5).
I am the sole owner of trust property where my home is located and where I live. In the 1990's years before the intensive oil & gas extraction and flaring started - I went through a Dunn County costshare program and had a small wildlife pond built from a natural spring on my land and near my home. I
also have a tree shelter belt around my home which is also a protective wildlife habitat. The former
quietude of this habitat helped support wildlife but has also been under assault from the air pollution of
multiple flaring, venting, leaking oil and gas well sites near my home.
6).
Prior to the oil and gas development that occurs around my home, I routinely heard, or saw
meadow larks, woodpeckers, hawks, eagles, owls, ducks, swallows, geese, pelicans, red-winged
blackbirds, robins, mourning doves, yellow finches, catbirds, and hummingbirds that either summered
here on my land or migrated through. Wild deer, fox, rabbits, coyotes, porcupines, raccoons, and even the
buffalo (from tribal buffalo ranch) have grazed or found shelter on the landscape around my home. Wild
juneberries, wild plums, buffalo berries, chokecherries, and wild turnips, are some of the natural foods
from this land that I consumed as a child and can find a few today. These natural foods which our tribe
relied on, prior to the 1950's are important to me as a tribal member in our original homelands. Sadly,
there are very few butterflies visible, especially the monarch butterfly, in the past nine (9) years of the
intensive mineral extraction all around my home.
7).
The intensive oil & gas extraction started in Mandaree and around my home around 2007-08. I
am worried about the cumulative and adverse impacts to air and water in Mandaree and Fort Berthold including to my wildlife dam and wildlife habitat at my home.

 8).
I own both surface and minerals where my home is located. During this 10-year period, at
different times, I have been pressured by various oil companies or through their local (tribal) "landmen"
for either crude/gas pipelines and/or mineral leasing on my trust land where my home is located. Their
approach inevitably includes a vaguely-worded or implied threat of forcible eminent domain seizure of
my surface land and minerals where my home is located.
9).
My home is in Dunn County which is one of the five (5) top oil and gas-extracting counties in the
state of North Dakota.
10).
My community, Mandaree, is located in two of the intensive oil-extractive counties of Dunn and
McKenzie. Prior to 2006 or thereabout, I was an elected Mandaree school board member and I know that
McKenzie County - where the Mandaree school is located - was providing a portion of oil & gas revenue
to the school each year during my term. The State of North Dakota actively supported the mineral
extractive industry and, based on their low oil & gas taxes, distributed the revenue to schools through the
county.
11).
The Tribal Council of the Three Affiliated Tribes receives and relies on oil & gas revenues from
federal trust land minerals and the surfaces which they administer. In the past couple of years, the council
has distributed $1,000 to each enrolled tribal member from the oil & gas revenue. As a tribal member, I
have received this payment also.
12).
The BLM Waste Prevention Rule directly protects the health of children and families, especially
in the oil & gas-targeted rural Mandaree area. The Rule requires the oil & gas industry to reduce their
leaky polluting wells and reduce flaring and venting of natural gas into the air we breathe every day.
There are now hundreds of flaring, venting, and leaky well sites in Mandaree on the Fort Berthold Indian
Reservation - and hundreds more are on the way.
13).
My home is situated in a low-lying geographic area and I know that oil well gases and fumes
collect in low-lying areas. As I grow older, it will be even more dangerous to my health if BLM allows
the leaking, venting, and flaring on natural gas to continue. However, this is not a plea for oil & gas
crude pipelines; I have serious concerns about the safety of oil and gas pipelines in the coming phase of
this oil & gas extraction.
14).
I know methane is a greenhouse gas contained in natural gas and it contributes to both the current
warming of the earth and the extreme weather which we are already experiencing.
15).
For these reasons, I want the BLM Waste Prevention Rule enforced; there must be no delay in
protecting public health, especially of small children.
16).
In March 2016, I testified during the public hearing of the BLM Waste Prevention Rule in
Dickinson North Dakota. I identified myself as a tribal mineral owner and emphasized both protection of
air quality in the oil & gas-targeted Mandaree area and the critical need for enforcement of the BLM
Waste Prevention Rule in both Mandaree and on the Fort Berthold Indian Reservation.
17).
A few months ago, as a member of Fort Berthold POWER, I participated in a formal meeting
with the reluctant members of the tribal council of the Three Affiliated Tribes to help argue for their
formal and official support the BLM Methane Rule - through a tribal resolution which we had drafted.
After about an hour of discussion, the council unanimously passed a motion in support of the BLM
Waste Prevention Rule and provided us with a formal letter of support to North Dakota Senator
Heitkamp.

 18).
As members of Fort Berthold POWER, we presented the tribe's letter to the equally-reluctant
Senator on the following day, during her public meeting in Bismarck, North Dakota. As a result of our
strategic and combined efforts as adversely-impacted tribal members, Senator Heitkamp did vote to
uphold the BLM Methane rule when it came down to the Senate vote.
19).
About a week prior to our meetings with the TAT tribal council and Senator Heitkamp, some of
the statewide North Dakota newspapers had also published my letter-to-editor asking if Senator Heitkamp
was on our side on this issue. And a couple weeks prior to our meeting with the tribal council, I also paid
for a full-page display ad in the local New Town NEWS asking the public to contact the North Dakota
senators, Heitkamp and Hoeven, and ask them to support the BLM Methane Rule.
20).
I am a mineral owner on trust land and have started receiving oil & gas mineral revenue. Oil &
gas statements indicate that I have received a small portion of revenue from natural gas. I asked the BLM
rep about the volume of the unpaid natural gas that is flared, vented, or leaked from the producing well
where I receive revenue. I was verbally told BLM is not required to keep track of this so, as a tribal
mineral owner, I don't know how much natural gas revenue is not paid to me. I have legal standing in this
lawsuit against this attempted delay of the BLM Methane Rule because I am adversely affected in several
ways. First, the invisible toxic gases and visible particulate matter emitted from the multiple leaky,
flaring, and venting well sites one (1) mile in each direction of my home add to the overall cumulative
deterioration of air quality which I am breathing every day. As stated earlier, I am a retiree. Based on
scientific and peer- reviewed research conducted in other industry-ravaged communities, the cumulative
impacts of dirty and chemicalized air from heavy oil and gas extraction is expected to undermine and
deteriorate both my respiratory and circulatory health. Further, as a tribal member receiving oil and gas
revenue, the natural gas extracted from my minerals is being deliberately wasted by the oil company
through flaring and venting and has resulted in a loss of oil and gas royalties to me.
21).
I have heard and seen many, many natural gas flares every day in Mandaree and on Fort Berthold
Indian Reservation since 2007-08 . I continue to see them today. Lately, I have seen well sites with five
(5) flares going continuously.
22).
The first flare was over the hill about one-mile away from my home; it was so loud, like a large
jet taking off continuously... for 24-hours; it wouldn't stop. I didn't know flares made that loud a noise.
The volume of the unwanted industrial noise dominates the entire landscape and is non-stop. The flare lit
up the hills all night long. I couldn't hear the birds singing around my home when the flares start. The
public has no idea of how much flares can dominate an area. It ruins the natural landscape and we might
as well be in the middle of a major city like New York or Hong Kong.
23).
Every day, I can see that there's dirty air visible in the horizon since the oil & gas extraction and
flaring started in 2007-08. If I can see it all the time, I know that I am breathing it every day.
24).
I use to routinely walk about 1-2 miles every few days at home. I quit that since the oil & gas
started due to safety reasons. I feel it's unsafe to recreate outside too much now due to deteriorating air
quality from oil & gas flaring and diesel fumes from the oil trucks which travel back and forth by my
home 24-hours-a-day. There's no systematic testing of air quality or public health or respiratory health
impacts here. I will directly benefit from the active enforcement of the BLM methane rule because I live
in Mandaree on the Fort Berthold Indian Reservation where hundreds of flaring, venting, and leaky wells
are located. There are also hundreds more oil and gas well sites pending in the future on Fort Berthold. I
don't want to feel like a prisoner in my home because of the chemicalized air outside my door from
hundreds of oil and gas wells in Mandaree will harm my health. With strong enforcement to protect our
air quality through the BLM Methane Rule, I can be more confident that its safer to breathe outdoor air
and I can resume my former outdoor activities again.

 25).
We've had almost ten (10) years of oil & gas extraction in Mandaree and on Fort Berthold Indian
Reservation. For various reasons, our tribal council has been unable to even enforce their own 'flaring'
resolution, which they passed around the year 2010 for the industry operating on Fort Berthold. After 10
years of oil & gas revenue received by the tribal council, it's also unlikely they will have political will to
stand up for the health of tribal members on Fort Berthold when it comes to oil & gas pollution. This is
another reason why the BLM Methane Rule is so important to the health of individual tribal members,
like myself, on the Fort Berthold Indian Reservation in western North Dakota.
26).
Late last month, just before Thanksgiving Day, I learned that WPX oil company had lost control
of their well site flare outside of my fence line. As a result, their flare spewed a "mist" of crude on my
land in 2013, or at least four years ago. ( Outside of my property, WPX admits the mist from the well
site's flare also contaminated a large section of the leased surface property where the well site is located
outside of my fence line).
27).
Attached as Exhibit A are maps and one self-report by WPX on this contamination of my trust
land. There are six (6) pages attached in one file. According to the BIA system, this allotted trust
property is identified as 301-895A. This property is in Section 26, Township 149, Range 93. There's a
5-digit number, 33429, assigned to Section 26, apparently by the ND Industrial Commission. The 2-page
"customized view of section printout" showing the fracking lines around my home, is from the NDIC
website. At my request, the colored Google map was provided by the BIA Realty Specialist, along with
other reports by WPX, or its sources, about this spill.
28).
The area of WPX contamination on my property is uphill from my home where I have lived
continuously for 35 years. Both a hill and my existing tree windbreak prevented me from seeing both the
WPX well site and this crude spill or mist contamination identified only by WPX. My trust property,
where this occurred, is a 78-acre allotment which includes both my permanent home and my wildlife dam
- and both are downhill from the WPX-contaminated area on my property.
29).
Because I have had concerns about both the lack of strong regulatory protections by federal
agencies, especially including the BLM, and the adverse impacts of oil & gas extraction, I have never
signed any mineral oil and gas extraction lease of this small property where I live - although I felt
threatened by oil industry representative's statements implying eminent domain seizure of this property
and minerals when I repeatedly refused to do sign mineral leases (or pipeline ROWs) during the last ten
(10) years.
30).
By refusing to sign a mineral lease on this property where I live, I had hoped to protect my health,
safety, and property. BLM'S failure to enforce strong regulatory protections, including at the out-ofcontrol WPX wellsite next door, has already endangered by my health and safety. There has been no
adequate BLM monitoring or enforcement on Fort Berthold Indian Reservation. And despite my own
individual efforts, my health, safety, and property has been compromised. I have been directly and
irreparably harmed by BLM's failure to enforce regulatory protections and enforcement of oil and gas
well site flaring on tribal land next to my home
31).
The tribal council repeatedly tells tribal members that they, as our tribal government, have no
role nor responsibility in directly helping individual tribal members with oil and gas issues and refers us
to the federal agencies—which includes the absent BLM agency. Sadly, the three (3) different tribal
government administrations in the ten years of oil and gas extraction on Fort Berthold, remains "prodevelopment" at the cost of individual tribal members health and safety, including myself. To
compound the barriers to a clean and safe environment, oil companies are allowed to self-report on

 environmental damages to tribal lands. There's no independent verification of the true extent of damages
to the land and health of individual tribal members - including my land and wildlife dam.
32).
Few in the general public, or even among the legal profession, understand that individual tribal
members must rely solely on federal regulations for health and safety protections, especially in an
intensive and targeted area like rural Mandaree. Therefore, enforcement of the existing BLM Methane
Rule which requires reduced or limited flaring and fixing leaky well sites - including at the WPX well site
- is critical to my health and safety and to all tribal members on Fort Berthold Indian Reservation.
I initiated a telephone call to the BIA Superintendent about this crude mist contamination. I was referred
to a BIA Realty Specialist and traveled to see him. The BIA Realty Specialist told me that oil companies
don't have to identify the locations where they take samples of their self-reported toxic spills or crude
"mists" for analysis. So, there's no documented proof that they even took samples from my land for
testing. During my initiated visit to the BIA Realty Specialist, he even laughed and told me that
hydrocarbons from crude spilling on land was helpful to new growth of the grasses. I believe this attitude
is reflective of the mixed messages that the BIA, our trustee, gives to individual tribal members on oil and
gas issues.
33).
When oil companies lose control of their well sites on Fort Berthold Indian Reservation,
individual tribal landowners next door - like myself - are not notified, in a timely manner, of any kind of
contamination or toxic crude "mists" which cross onto our lands and water. I didn't hear about this
contamination until four (4) years after it happened - just before Thanksgiving Day last month, November
2017.
34).
Decades before the oil & gas extraction started - in the 1990's - I had the wildlife dam developed
on this property for migrating birds and local wildlife. There has always been a natural spring on the
property and this natural spring has continuously provided fresh water for the wildlife dam on my
property, including in 2013 and through today. As noted above, my wildlife dam is downhill from the
contaminated spill area on my land caused by the WPX oil company.
35).
WPX's report denies contamination of any water from their crude "mist" or spill. Because my
freshwater wildlife dam is immediately downhill from the contaminated area they generally identified on
my property, I believe WPX had also contaminated my wildlife dam.
36).
Late last week, I also initiated an office visit to the BIA Environmental Specialist up in New
Town. During our conversation, he happened to mention to me that WPX lost control of this same well
site again and had yet another "spill" - reportedly in the opposite direction from my land. Since there's no
independent verification or timely notice, any nearby individual tribal landowners, like myself, cannot
be sure to what extent damages are occurring.
37).
This contamination of my land and water occurred because of lack of adequate regulation,
monitoring, and enforcement of flaring by BLM. Further, because I was not informed in a timely manner,
I lost the opportunity to verify through independent testing processes the full and actual extent of
contamination of both my trust land where I permanently live and my wildlife dam. These are valid
reasons why the pro-active BLM Methane Waste Prevention Rule must be enforced on Fort Berthold
Indian Reservation as soon as possible, including on the faulty WPX well site flare which contaminated
my land, my wildlife dam, and created a hazardous environment where I live.
38).
I have witnessed out-of-control prairie fires caused by flaring well sites in Mandaree, especially
during drought conditions. Fort Berthold Indian Reservation and western North Dakota is a semi-arid
environment. Droughts and oil & gas flaring compounds safety concerns out here. Due to the remoteness
of this area, voluntary fire departments must travel miles to get to a prairie fire out here. I witnessed one

 prairie fire, due to an oil company worker using a shovel to throw gasoline at the well site fire to start it.
He quickly caused a prairie fire which threatened three (3) different occupied tribal homes nearby. The
fire traveled up to the lawn of one nearby, occupied home which was about two miles from my own
home. The long-time tribal homeowner was trying to gather her belongings to flee as a cloud of black
smoke billowed over her home. I took photos and a video to document the results of a loss of control of
flares in Mandaree on the Fort Berthold Indian Reservation. One of the pictures I took is attached as
Exhibit B. The very same well site lost control of their flare a second time and caused a large area near
this homeowner's land to be burned again. . Further, there have also been much larger out-of-control
prairie fires originating from wellsites/flares in the highly remote areas of Mandaree. This would not have
happened if BLM enforced strong regulations in regard to the flaring on federal lands, including in rural
Mandaree. This is a public safety issue and another reason why BLM must immediately enforce the
BLM Methane Rule on Fort Berthold Indian Reservation and on all federal lands.

I declare under penalty of perjury that the foregoing is true and correct. Executed on December 17, 2017.

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North Dakota Industrial Commission Follow-up Spill Report

 

 

 

 

 

 

 

 

 

 

 

 

Number Well File or Facility No.
33 - 025 01431 21269

Operator Telephone Number

WPX Energy Williston LLC 701-389-1095

Address City State Zip Code

1801 Burdick Expressway Minot ND 58701

Well Name and Number or Facility Name Field

Skunk Creek 23-14HC Mandaree

Location of Well Footages Qtr?Qtr Section Township Range County

or Facility 23 149 93 Dunn

 

 

 

 

 

 

 

Description of Spill Location if not on Well or Facility Site and/or Distance and Direction from Well or Facility

See Page Two. 

 

Directions to Site
See Page Two.

 

 

 

Release Discovered By Date Release Discovered Time Release Discovered Date Release Controlled Time Release Controlled
WPX Personnel December 3, 2013 9 00 

Company Personnel Notified How Notified Date Notified Time Notified

James Raley Telephone December 3, 2013 9 00

 

 

 

 

Type of Incident
Stuffing Box Leak

 

Root Cause of Release
Human Error

Date Clean up Activities

Concluded

December 12, 2013

 

Distance to Nearest Residence or Occupied Building

 

Distance to Nearest Fresh Water Well

 

 

 

 

 

 

 

 

 

 

 

2,050 Feet 0.50 Miles
Piping Specifics Size (Decimal Format) Location of Piping
(IprpIicable) 
Volume of Release Oil Saltwater Other
20.00 Barrels 0.00 Barrels 0.00 Barrels
Volume of Release Oil Saltwater Other
Recovered 0.00 Barrels 0.00 Barrels 0.00 Barrels
Was Release Contained Within Dike lf No, Was Release Contained on Well Site if No, Was Release Contained on Facility Site or Pipeline ROW
No No No
Areal Extent of Release if not Within Dike Affected Medium General Land Use
10.75 Acres Topsoil Pasture

 

 

 

Describe Cause of Release or Fire and Other Type of Incidents, Root Causes of Release, Land Uses. and Released Substances

See Page Two.

 

Action Taken to Control Release and Clean Up Action Undertaken

See Page Two.

 

Potential Environmental impacts
See Page Two.

 

Planned Future Action and/or Action Taken to Prevent Reoccurrence

See Page Two.

 

Where Were Recovered Liquids Disposed
No liquids recovered

 

Where Were Recovered Soiids Disposed
Prairie Dispossal - Tioga, ND

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Weather Wind Speed Wind Direction Temperature Skies Estimated Cleanup Cost Damage Value
Conditions 32 MPH Southwest 8 Overcast 
Regulatory Agencies/Others Notified Person Notified Date Notified Time Notified Notified By
Allen Christensen December 3, 2013 5 28 PM James Raley
Fee Surface Owner 

BIA Chris McLaughlin December 3, 2013 5 29 PM James Raley
Federal Agency Lease Number

BLM Dan VelderIMark Glass December 3, 2013 5 30 PM James Raley
USFS 

Report Originator Title Date

James Raley

Environmental Specialist I

December 19, 2013

 

Reviewed By

 

Title

Date

 

 

 

 

North Dakota Industrial Commission Follow-up Spill Report-Page 2

(Only to be used if additional space is needed)

 

 

 

 

 

 

 

 

 

 

 

Well File No.

21269
Well Name and Number or Facility Name Field
Skunk Creek 23-14HC Mandaree
Location of Well . Qtr?Qtr Section Township Range County
or Facility SE-SE 23 149 93 Dunn
Release Discovered By Date Release Discovered Time Release Discovered Date Release Controlled Time Release Controlled I
WPX Personnel December 3, 2013 9 00 0 January 0, 1900 0 0 0

 

 

 

 

 

Description of Spill Location if not on Well or Facility Site and/or Distance and Direction from Well

 

Released crude oil was windblown onto snow approximately 1,500 southwest of the well pad. The impacted area
consists of gently sloping, snow covered rangeland with two small cumps of brush. The area under the snow is
primarily grasses and forbs. The two brush clumps are primarilly willow.

 

Directions to Site

 

The Skunk Creek well pad is located approximately 8 miles east of Mandaree, ND along BIA 12. The
associated access road runs 0.70 miles north and then 0.60 miles west to the well pad.

 

Describe Cause of Release or Fire and Other Type of Incidents, Root Causes of Release, Land Uses, and Released Substances
At approximately 9:00 AM. on December 3, 2013 the rubber seals on the stuffing box failed due to improper

adjustment. The rubbers were not adjusted for rapid changes in temperature due to weather conditions. Small leaks
began to develop which allowed oil to escape around the seal.

 

Action Taken to Control Release and Clean Up Action Undertaken

Stuffing box rubbers were replaced. Environmental contractors (Trustland, LLC) were dispacted to the site to remove
the impacted snow and dispose of at Prairie Disposal near Tioga, ND. lnterTech Environmental Engineering
collected soil samples from beneath the inpacted snow. These samples were submitted to ALS Laboratory in
Holland, MI for analytical analysis of TPH, pH, SAR and EC.

 

Potential Environmental Impacts

lnterTech Environmental Engineering was dispatched to the site to evaluate the potenial environmental risks of the
release. Analytical laboratory results show that the impacts were limited to the snow and did not impact the
underlying soils. No groundwater was impacted or at risk from this incident.

 

Planned Future Actlon and/or Action Taken to Prevent Reoccurrence

WPX personnel and their contractors have been instructed on how to properly adjust the stuffing box rubbers for
changing weater conditions.

 

Where Were Recovered Liquids Disposed Where Were Recovered Solids Disposed
Impacted snow was in solid form thus no liquids were Prairie Disposal near Tioga, ND
recovered.

 

 

 

 

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SKUNK CREEK 
LOCATION MAP

 

 

 

SPILL DATE: 12/032013

NOTES: TOTAL SPILL AREA OFF PAD: 468,158.17 SF (1075 AC)
TOTAL SPILL AREA ON PAD: 28,568.83 SF (0.SKUNK CREEK 
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SPILL AREA
. 495.727 SF -.
31.40 AC 5

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SCALE: 1' 2000'

2000' 4000'

 

Prepared WPX Energy LLC

    

4

Dale: 4.2523213 DB: 54M

 

Revision: SPILL ILLUSTRATION 13032013

 

   
 

Project: Mandaree

WESTERN LAND SERVICES

Dale: 1215(20131 39 

 

Can-k CREEK
23441?; Isuuv-LivI cu;

Sheridan, WY 82801 (307) 673-1817

 

 

'I?ypc:

 

Segment:

 

 

 

EXHIBIT