Petroleum Council Volunteers to Save the Butterflies
Published Date: 6/2/2026
Notice
Summary
The North Dakota Petroleum Council wants a 30-year permit to keep working on oil and gas projects while protecting the rare Dakota Skipper butterfly’s habitat. This plan affects local communities, wildlife, and the environment, balancing energy development with conservation. Public comments are open until July 2, 2026, so everyone can share their thoughts before decisions are made.
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
30‑Year Permit Could Cover ND Oil Projects
The North Dakota Petroleum Council applied for a 30‑year incidental take permit that, if issued, would authorize NDPC member companies and holders of Certificates of Inclusion to incidentally take the Dakota Skipper during above‑ground oil and gas activities across the State of North Dakota. The Habitat Conservation Plan (HCP) uses a programmatic structure so multiple similar projects can enroll under a single permit over the 30‑year term.
HCP Requires Mitigation, Monitoring, Funding
The HCP describes measures that NDPC and Certificate of Inclusion holders must implement to minimize and mitigate impacts to the Dakota Skipper, and it includes monitoring, adaptive management, and funding assurances. Those mitigation and funding obligations would apply to NDPC and projects covered by Certificates of Inclusion under the HCP.
Permittee Gets 'No Surprises' Assurances
If issued, the incidental take permit would provide the permittee assurances under the Service's 'No Surprises' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)). These assurances apply during the term of the permit and relate to the regulatory commitments tied to the HCP.
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