MINOT — The activists pushing for President Joe Biden to sign, in the closing days of his administration, a sweeping executive order creating a new national monument out of roughly 140,000 acres of western North Dakota tell us their initiative

is led by our state’s tribes.

They also talk a lot about the importance of tribal sovereignty.

Let’s explore this.

I’m not sure all of the tribes knew they were leading this project. That’s certainly not the impression I got after a discussion with Chairman Mark Fox of the Mandan, Hidatsa and Arikara Nation. “When the entities came before to request support for a national monument, we just thought that would be nice without considering any possible impacts in terms of policy,”

he told me.

“We’re going to reconsider,” he added.

Fox stressed that he and his fellow tribal leaders aren’t necessarily against the national monument concept. He expressed enthusiasm for the new opportunities for preservation and tourism. Fox is concerned about the possibility that the monument could inhibit land use in the area — specifically, energy development, which is of vital importance to the MHA Nation.

“Depending on how large the designation is, it could impact some of our drilling. That’s where we lack clarity,” Fox told me. “We really didn’t have any of that information.”

That’s not a great look for a coalition that has marketed this proposal as a tribal initiative.

What’s also unseemly are aspersions cast at Fox because of his diligence. State Rep. Lisa Finley-DeVille, a Democrat from Mandaree, a member of the MHA Nation, and a spokesperson for the national monument campaign,

told reporter Jeff Beach

“that misinformation is undermining the monument effort, including among tribal leaders.”

“They need to read the proposal,” Finley-DeVille said. “We’re not trying to take anybody’s rights away. We’re not trying to stop oil and gas.”

That’s a tough claim to swallow when your coalition includes the Sierra Club, an organization committed to stopping oil and gas production, but the jab at Fox is what’s notable.

Finley-DeVille often talks about the importance of tribal sovereignty, and I agree with the sentiment, but I’d note that sovereignty is a two-way street. If you only respect tribal sovereignty when tribal leaders take positions you agree with, you’re not respecting tribal sovereignty.

I don’t think Chairman Fox is misinformed. I think his concerns are valid.

“Some entities have used this national monument declaration to stop drilling and stop energy production,” he said, and he’s right. The Biden administration has used these declarations to block or inhibit development around Spirit Mountain, in Nevada, and Bear Ears National Monument in Utah. “We don’t want it stopped at all either for ourselves or the state,” Fox told me.

Finley-Deville says Fox has been misled, but who has been misleading him? Finley-Deville is pursuing a new land declaration of the sort that has been used to block energy development elsewhere while working side-by-side with a deep-pocketed national organization that sees blocking oil and gas development as its mission but expects us to believe that she and her partners are “not trying to stop oil and gas.”

Fox is skeptical. Can we blame him?

No. 3 South Dakota State travels to No. 2 North Dakota State in the semifinals of the 2024 FCS Playoffs. Kickoff is scheduled for 11 a.m. CT on ABC. The Bison defeated the Jackrabbits 13-9 in Week 8.

The winner will advance to the FCS National Championship game, where they will face the winner of No. 4 South Dakota at No. 1 Montana State.

2024 FCS Playoff Bracket

2024 Prediction Record: 174-45
2022-23 Record: 207-75

Kickoff: 11:00 a.m. CT (ABC)
Line: South Dakota State (-3)
Series History: North Dakota State leads 64-47-5

Key Players: North Dakota State

Cam Miller (QB): 226-for-310 (72.9%), 2,873 Passing Yards, 28 Passing TDs, 4 INTs, 417 Rushing Yards, 9 Rushing TDs

CharMar Brown (RB): 216 Carries, 1,081 Rushing Yards, 5.0 YPC, 14 Rushing TDs

Bryce Lance (WR): 60 Receptions, 839 Receiving Yards, 13.98 YPC, 13 Receiving TDs

Logan Kopp (LB): 59 Total Tackles, 6 TFLs, 3 Sacks, 3 INTs, 6 PBUs, 1 FF

Eli Mostaert (DL): 53 Total Tackles, 11.5 TFLs, 6 Sacks, 4 QBHs

Key Players: South Dakota State

Mark Gronowski (QB): 192-for-312 (61.5%), 2,515 Passing Yards, 22 Passing TDs, 7 INTs, 330 Rushing Yards, 9 Rushing TDs

Amar Johnson (RB): 178 Carries, 1,145 Rushing Yards, 6.4 YPC, 13 Rushing TDs

Griffin Wilde (WR): 66 Receptions, 1,081 Receiving Yards, 16.4 YPC, 12 Receiving TDs

Adam Bock (LB): 94 Total Tackles, 8 TFLs, 3 Sacks, 2 INTs, 4 QBHs, 1 FR

Tucker Large (DB): 30 Total Tackles, 1 TFL, 3 INTs, 4 PBUs, 1 FR

The stage is set for another epic battle in one of the most storied rivalries in FCS football. North Dakota State ended a five-game losing streak to South Dakota State earlier this season, but a trip to the FCS national championship is on the line this weekend.

South Dakota State’s defense continues to impress, holding opponents to 4.5 yards per play and only 2.9 yards per carry. The Jackrabbits are led by one of the best linebacker duos in the nation: Adam Bock and Caleb Francl. The defensive line has improved throughout the season, helping the Jackrabbits force a negative play on almost 10% of all defensive snaps. In the first matchup, South Dakota State failed to generate much pressure on Miller and only recorded two tackles for loss. It will be important for the Jackrabbits to keep the North Dakota State offense behind the chains.

North Dakota State could not find any consistency on the ground, but Cam Miller delivered in the biggest moments of the first matchup. He led a 92-yard game-winning touchdown drive and connected with RaJa Nelson for two key touchdowns. The Jackrabbits will have to find a way to make Miller uncomfortable in the pocket and limit his ability to make plays outside the pocket. Miller has completed 72.9% of his passes and ranks No. 2 nationally in passing efficiency.

The inefficiency of South Dakota State’s passing attack was one of the biggest differences in October’s matchup. The Jackrabbits have found their rhythm through the air, passing for 200 or more yards in three of their past four games. In the past three games, Mark Gronowski has thrown for over 500 yards, seven touchdowns, and zero interceptions. The Bison must limit wide receiver Griffin Wilde, who has recorded 181 receiving yards and four touchdowns in the first two playoff games.

The Bison defensive line made a massive impact in the first game, generating pressure on over 40% of dropbacks. North Dakota State’s pressure impacted Gronowski’s ability to push the ball downfield, which is something to watch this weekend. The trend has continued for the Bison, who enter this weekend with the highest pressure rate in the postseason. Defensive tackle Eli Mostaert leads the Bison with 11.5 tackles for loss and six sacks.

This game may be decided by which team can establish the run, which will be a challenge for both offenses. North Dakota State’s CharMar Brown has been a workhorse for the Bison, leading the team with 1,081 rushing yards and 14 touchdowns. South Dakota State enters the game with a more explosive rushing attack, averaging 6.4 yards per carry. Amar Johnson leads the Jackrabbits with 1,145 rushing yards and 13 touchdowns, but freshman Kirby Vorhees could be a player to watch due to his physical running style.

In the first matchup, I picked the Bison because they appeared to have all the momentum. However, things have changed, as the Jackrabbits have continued to improve down the stretch and seem to be playing their best football. The improvement of the passing attack and explosiveness of the offense will be the difference here as Mark Gronowksi leads the Jackrabbits to their third consecutive national championship appearance.

Prediction: South Dakota State (27-24)

Behind The Numbers: 2024 FCS Playoffs Semifinals Preview
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MINOT — Barring some late-breaking legislation, the U.S. federal government will shut down within hours.

As this drama unfolds in Washington, North Dakota has no voice in the U.S. House of Representatives. The legislative body where, per Article I, Section 7 of the U.S. Constitution, all bills raising revenue must originate.

As I write this, Speaker Mike Johnson, a Republican,

is confident

they’ll avoid a shutdown despite funding agreements getting scuttled twice in recent days. Once thanks to agitation from billionaire Elon Musk and once again thanks to a group of House Republicans who refused to agree to raise the national debt ceiling without significant spending cuts.

Given the turmoil in the House Republican caucus and the narrow margins of the Republican majority, any potential deal may pass by only a scant few votes. Which is another way of saying that, in this fraught moment, no side in the debate has any votes to spare.

But a vote from North Dakota won’t be among them. That’s because former U.S. Rep. Kelly Armstrong resigned his seat in the House on Dec. 14 so he could be sworn in as governor on Dec. 15, which

Article V, Section 5

of the North Dakota Constitution requires. Meanwhile, Rep.-elect Julie Fedorchak is waiting in the wings, but she was elected to the next Congress, not this Congress, so she cannot be seated.

I actually spoke to Armstrong about this drama

in April.

Given the resignations of other House Republicans, it seemed at that time the GOP could lose control of the House before the current Congress ended. Armstrong was confident that the party would replace members through special elections between now and then and he was right. The GOP held onto its majority, slim as it is.

As for Armstrong’s vacancy? “After June 11, we will be keeping the speaker’s office informed,” he also told me at the time, referring to the primary election.

“It’s confusing for folks because they don’t know who is our representative right now,” Fedorchak told me when I spoke to her about it.

She’s feeling flummoxed because there is nothing she can do. Fedorchak was not elected in a special election to replace Armstrong in this Congress. She was elected to fill North Dakota’s at-large seat in the next Congress.

By law, she cannot be seated in this Congress. The next Congress won’t be seated until January. Also, unlike senators, members of the U.S. House can’t be appointed. Outside of holding a special election, there’s no mechanism to fill Armstrong’s vacancy.

This circumstance isn’t anything Armstrong or Fedorchak can remedy. What’s caused it is constitutional law and dysfunction in Washington. North Dakota’s constitution necessitated Armstrong’s resignation from the House so he could be sworn in as governor. The U.S. Constitution prohibits North Dakota from appointing an interim replacement.

“This isn’t even really a budget fight,” Armstrong spokesman Mike Nowatzki told me. “It’s a CR fight. Congress should do its job and not govern by crisis.”

“He informed them when he was running for governor that this was a possibility. It shouldn’t surprise them that he had a hard out on Dec. 14,” Nowatzki added.

Which may be something for the Legislature to consider going forward. Can the new governor be sworn in at a later date? The timing is already awkward. The state constitution also mandates that lawmakers begin their regular session in January after an election. It also requires an organizational session in mid-December, complete with a budget address from the governor. This year, that was Doug Burgum, who was obliged to deliver an executive budget to lawmakers

as a lame duck just days from leaving office.

Armstrong’s feeling “is that having the governor be sworn in on the day before a legislative session wouldn’t be a good idea,” Nowatzki told me, referring to a possible delay in the swearing-in.

“It’s already a mad scramble,” Nowatzki added. “It would be exponentially more difficult.”

The situation with North Dakota’s at-large House seat is unusual. But the outgoing governor delivering a budget as a lame duck? That happens every time we get a new governor.

This timeline could be reshaped to serve the public better, but that’s easier said than done. Moving the swearing in date to a later time might mean moving the legislative session to a later start. I don’t sense there would be much appetite among lawmakers to do it, and even if there were, it would be a change to the state constitution that would have to be ratified by a vote of the people.

Meanwhile, in Washington, as Republicans fight with Democrats (and other Republicans) over the budget, North Dakotans have no official say in the matter.