Say Anything Blog

One key aspect of the controversy surrounding the 4.7 million acre federal land designation that North Dakota landowners were opted into without any notification is that State Senator Tracy Potter clearly, without any doubt, broke the law at least twice during the process of obtaining that designation.  Yet those crimes which make the designation itself invalid aren’t getting any attention from the in-state media who seem all to willing to take Potter and Senator Byron Dorgan’s word that this land grab is a good thing done in good faith.

So what are the crimes?  First is Potter deceiving Congress about the North Dakota public being informed about this designation through public hearings.  From the North Dakota Policy Council:

Here is a quote from the AP’s article: The privately funded North Dakota Policy Council has accused Potter of falsely testifying to Congress that public hearings were held.

This is more than just an accusation from the NDPC, look at Potter’s actions. It’s well-documented that Potter said the following to Congress: “In public hearings before city and county commissions the meaning of such a program has been discussed and the commissions have unanimously provided their encouragement.”

We have proven that no such public hearings have taken place.

Potter told Congress that public hearings were held about the land designation.  And yet, no such public hearings took place.  You don’t have to take my word, or the North Dakota Policy Council’s word, about it.  The North Dakota Farm Bureau has said the same thing, and even the National Park Service (through which the federal appropriations for this designation will come) doesn’t believe that the meetings Potter did hold with local governing entities within the land designation met the definition of “public hearing.”  According to the testimony before Congress of Katherine H. Stevenson, acting assistant director of the National Park Service, Potter and his Northern Plains Heritage Foundation did not meet the requirements for public involvement in the land designation:

While the Department appreciates the historic, cultural and natural features of the area, the Department does not support S. 2098. The feasibility study produced by the Northern Plains Heritage Foundation did not meet all of the criteria for designation as a national heritage area. It did not include the existence of significant levels of public involvement and support and the local commitments necessary for successful planning and implementation of a heritage area. Without further dialog with residents in the region and the support of current living descendents, we are concerned that the Heritage Area would not be poised for success and a sustainable future.

It’s worth noting that the NPS opposed Potter’s requested designation based on this lack of public involvement.

Also, the counties were hardly unanimous in their support of the designation.  Again according to the NDPC:

The NPHF met with the commissions and several civic organizations to discuss the idea of a National Heritage Area designation in 2005 and 2006. However, not all five county commissions Potter referred to offered up support for the designation, as letters that appear in the feasibility study and meetings minutes show. (Click HERE and HERE to view the letters.)

“The McLean County Board of Commissioners are looking forward to the public meetings and hearing the results of the public comments,” County Commission Chairman Ron Krebsbach wrote in January 2006. According to the McLean County auditor Leslie Korgel, McLean County did not have a public hearing and only approved the feasibility study.

Burleigh County Commission meeting minutes (Page 2) from January 6, 2006, note that the NPHF explained the proposed NHA and asked for support for the study. The minutes do not note a public hearing was held and do not note that the actual designation was supported.

There were no public hearings about the land designation.  There has been no “unanimous support” for the designation as Potter told Congress.  That means Potter lied under oath to Congress.  That’s no small matter.

And Potter’s problems don’t stop there.  It’s also clear that Potter was untruthful with the IRS about lobbying efforts and used federal tax dollars for lobbying purposes.

In 2005, the NPHF Board began as a sub-group of the Fort Abraham Lincoln Foundation, which is also administered by Potter. In 2007, the NPHF received a $62,000 federal grant and split away from the Fort Abraham Lincoln Foundation. In fact, the NPHF filed its own Form 990 – the tax return filed by non-profit organizations – which revealed that a portion of the federal funds ($8,446.22 - Page 2) were used to pay for Potter’s trip to testify at the subcommittee hearing in Washington, D.C. And the Fort Abraham Lincoln Foundation hired lobbyists to urge the passage of the NHA.

The Greystone Group, a Washington, D.C.-based lobbying organization which also does work for a handful of North Dakota colleges, filed a 2007 lobbying report for the work that was done on behalf of the Fort Abraham Lincoln Foundation in support of the NHA designation. However, the Fort Abraham Lincoln Foundation reported on its Form 990 that it did not lobby. Clearly, however, the non-profits were attempting to influence legislation.

According to the Greystone Group’s disclosure reports, both the Fort Abraham Lincoln Foundation and the NPHF lobbied for the Northern Plains National Heritage Area Act, in 2008. And in 2009, the NPHF lobbied for S. 22 – a bill which included the NPHA designation.

Not telling the truth to the IRS and paying for lobbying services with our tax dollars are both illegal.

Now ask yourself: Why aren’t these clear instances of deception and illegal actions not being investigated and reported on by the media?  Potter and Dorgan’s apologists will no doubt dismiss these allegations as coming from an non-objective source such as myself.  But the thing is that they don’t have to trust what I’m saying about this.  Potter’s testimony before Congress is a matter of public record as are the records indicating his tax/lobbying problems.

Why not use the facts and report the truth?