Burgum files appeal after BLM official dismisses North Dakota’s concerns about Resource Management Plan

BISMARCK, N.D. - North Dakota Gov. Doug Burgum on Thursday filed a final appeal of the U.S. Bureau of Land Management's (BLM) updated Resource Management Plan (RMP) for North Dakota, following two previously unsuccessful attempts to convince the BLM to change the plan in response to the state's concerns.

"Twice now, the BLM has refused to seriously consider North Dakota's concerns about this misguided plan, which would hurt electrical grid reliability and jeopardize our national security while also raising energy costs for consumers," Burgum said. "We again call upon the BLM to select an alternative plan that allows for proper resource development, respects our state's rights and is consistent with federal law, sound science and economic realities."

The state's protest filed in September contained input from more than a dozen state agencies and elected officials who thoroughly reviewed the draft RMP filed earlier this year. The finalized RMP would block leasing on over 4 million acres, or nearly 99%, of federal coal acreage in North Dakota and close off 213,100 acres, or 44%, of federally owned fluid mineral acreage from leasing. It also would cost the state an estimated $34 million per year in revenue from oil and gas royalties and taxes and could eliminate more than 12,000 coal-related jobs in the state.

Burgum again recommended changes to the plan in his Oct. 9 consistency review, an appeal process reserved only for governors. The BLM's state director responded that they "do not find it necessary to change" the RMP, so Burgum filed his final appeal Thursday to BLM Director Tracy Stone-Manning. In the appeal, Burgum contends that the BLM state director's response was "not an earnest attempt" to comply with the consistency review process.

"In dismissing all of the Governor's Consistency Review recommendations, the State Director did not seriously evaluate them, largely refused to consider any balancing of North Dakota's interest in the Proposed RMP, and did not attempt to adequately explain why each of the Governor's recommendations was rejected, instead often offering blanket denials to many of the Governor's objections," the appeal states. "The State Director's Response also glossed over the unique nature of land and mineral ownership in North Dakota, as well as many other issues raised in the Consistency Review."

As part of the appeal, Burgum also is requesting that Stone-Manning recuse herself from the matter because it's been announced that beginning in February 2025, she will begin serving as president of the Wilderness Society, which has previously intervened in litigation to defend BLM public land management rules being challenged by North Dakota.

"Director Stone-Manning is certainly free to make whatever decisions she wishes regarding her professional future, but having now made the decision to lead an organization with a very defined advocacy position with respect to the management and development of public lands that is openly adverse to the interests of North Dakota, it would be both inappropriate and unlawful under the STOCK Act for Director Stone-Manning to continue to rule on, or be involved in, disputes between North Dakota and BLM, including the one at hand," the appeal states.