Montana Department of Justice
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plan_cover_fWHATS NEW

Proposed Settlement and Draft Restoration Plan

On September 21, 2016, Governor Bullock,  Attorney General Tim Fox, and the U.S. Department of the Interior today announced a proposed settlement with ExxonMobil Pipeline Company to resolve claims stemming from the Yellowstone River July 1, 2011 Yellowstone River Oil Spill.  ExxonMobil Pipeline Company has agreed to pay $12 million in natural resource damages, to the federal government and the State of Montana as Trustees for the natural resources injured by the spill. A proposed consent decree was filed in federal court today. The State and federal government have also issued a draft restoration plan which sets forth proposed actions that would address the natural resource injuries

A proposed consent decree was filed in federal court. The State and federal government have also issued a draft restoration plan which sets forth proposed actions that would address the natural resource injuries. The draft restoration plan is available on line at the link provided below, and by request at the address below. The State and federal government are seeking public comment on both the proposed consent decree and the draft restoration plan.

There will be a 30-day public comment period for the draft restoration plan through 5:00 p.m. October 31, 2016.   Written comments on the draft restoration plan should be sent via e-mail to:  NRDP@mt.gov with “Yellowstone restoration plan comment” in the subject line.

Or by U.S. mail to:

Natural Resource Damage Program

PO Box 201425

Helena, MT 59620-1425

The Trustees will host a public meeting to summarize key components of the restoration plan and receive oral comment. The public meeting will be held on Wednesday, October 12, at the Montana Fish, Wildlife and Parks conference room at 2300 Lake Elmo Drive in Billings, from 6:00 PM to 8:00 PM. The Trustees will review and consider comments received during the public comment period when preparing the final restoration plan.

 

Today’s proposed settlement, lodged with the U.S. District Court for the District of Montana, is subject to a 30-day public comment period, ending October 28, 2016,  and final approval by the court.  To view the consent decree or to submit a comment, visit the department’s website: www.justice.gov/enrd/Consent_Decrees.html.

 

HISTORY OF THE SPILL

On July 1, 2011, a 12-inch diameter pipeline (Silvertip Pipeline) owned by ExxonMobil Pipeline Company ruptured near Laurel, Montana, resulting in the discharge of crude oil into the Yellowstone River and floodplain. The discharge is estimated to have been approximately 63,000 gallons (about 1,500 barrels) of oil. The discharge occurred during a high-flow event, affecting approximately 85 river miles and associated floodplain.  Oil from the spill, along with the cleanup activities, harmed natural resources including fish and other aquatic organisms, birds (including migratory birds), wildlife, large woody debris piles, aquatic habitat, terrestrial habitat, recreational use, and the services provided by these natural resources. These public natural resources are under the Trusteeship of the State of Montana and the U.S. Department of the Interior under the Oil Pollution Act and other laws.

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Yellowstone River Below Laurel in 2011. Photo: Larry Mayer

 

THE OIL POLLUTION ACT AND NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

The primary goal of the Oil Pollution Act is to make the environment and public whole for injuries to natural resources and services resulting from a discharge of oil or other hazardous substances to the environment.

In the restoration plan, the Trustees have presented their evaluation of injuries to the natural resources, restoration alternatives, and projects that benefit the same or similar resources injured by the oil spill.

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Oil inundated floodplain on Yellowstone River- Note visible oil on water & vegetation at water’s edge. Photo credit: Larry Mayer

 

INJURED RESOURCES AND RESTORATION ALTERNATIVES

Oil from the spill, along with spill response and cleanup activities, harmed fish, wildlife and their habitats and other natural resources in and around the Yellowstone River. The spill also impacted the recreational use of the river and public sites along the river. Injuries included:

  • Terrestrial/riparian habitat and supported biota, through exposure to oil and disturbance caused by response activities.
  • Large woody debris piles Injuries through exposure to oil and disturbance by response activities.
  • Riverine aquatic habitat and supported biota, including fish injuries, caused by exposure to oil.
  • Birds, through exposure to oil and disturbance by response activities, specifically injuries to cavity-nesting birds and American white pelican.
  • Human service losses, including recreational angling and park use.
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External Lesion Caused by Oil on Redhorse Sucker Collected in Fall 2011 Down River from the Spill Site. Photo: Montana FWP

The Trustees evaluated a range of restoration alternatives that would provide resource services to compensate the public for losses pending natural recovery of resources injured by the oil spill. The Trustees have identified preferred restoration alternatives designed to address the resource injuries. The Trustees plan to work with project partners such as local, state, and federal agencies and nonprofit organizations and landowners to implement the projects.

 

Project types include:

  • Acquiring terrestrial/riparian bottomland to conserve and restore terrestrial habitat with some acquisitions focusing on habitat requirements for injured birds
  • Acquiring and restoring terrestrial/riparian habitat
  • Controlling invasive woody species on state and federal lands
  • Acquiring channel migration or other easements or fee title land acquisitions to provide areas for large woody debris recruitment
  • Removing flanked riprap from the river
  • Removing side channel blockages
  • Providing fish passage around fish barriers
  • Restoring and stabilizing river banks using soft bank restoration techniques
  • Increasing American white pelican production through improvement of breeding and nesting areas
  • Improving city parks and public lands bordering the Yellowstone River
  • Improving urban fishing opportunities adjacent to the Yellowstone River
  • Developing new and preserving existing public access on the Yellowstone River

 

LINKS AND DOCUMENTS

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Yellowstone River – Photo credit: Montana Office of Tourism and Business Development

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Attorney General's Office & Legal Services Division

The Attorney General’s Office, headed by Attorney General Tim Fox, and the Legal Services Division function as the lawyers for the State of Montana. The attorneys in the Office have expertise in a wide range of legal topics and handle a broad range of legal cases involving the State of Montana and its people.

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Children’s Justice Bureau

The Children’s Justice Bureau is an agency-wide initiative at the Montana Department of Justice dedicated to IMPROVING how we respond to child victims, DEVELOPING state-of-the-art approaches by keeping up with the newest research and, most importantly, HELPING child victims recover and move on with their lives.

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Forensic Science Division & State Crime Lab

The mission of the Montana Forensic Science Division is to use operationally efficient and financially responsible practices as the laboratory provides accurate, objective, and timely forensic analyses to the criminal justice community in order to maximize value to the citizens of Montana.

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Missing Persons Clearinghouse

The Missing Children Act of 1985 established a Montana Missing Persons Clearinghouse within the Department of Justice. In March 2008, the department implemented a searchable online database that, for the first time, is updated in real time and includes any photos provided by law enforcement.

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Office of Victim Services

The goal of the Office of Victim Services is to provide tools and information to help crime victims recover from their experience and provide them with a range of services available. The criminal justice system can be confusing and intimidating for victims. To assist them as they go through the justice system, the Office of Victim Service is available to answer any questions they may have.

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Central Services Division

The Montana Department of Justice’s Central Services Division provides financial and human resources support for the department. We make sure that everything works for the people Working for Justice. If you’re interested in a rewarding career helping protect the rights and safety of all Montanans, we invite you to join our team of over 800 dedicated employees working across the state.

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Justice Information Technology Services Division

Our Justice Information Technology Services Division (JITSD) provides vital Information Technology (IT) infrastructure upon which Montanans and local and state law enforcement agencies rely for timely, accurate information. JITSD manages the IT systems, services, and interfaces to support nearly 800 DOJ employees, 325 statewide county motor vehicle system users, and over 3,000 Criminal Justice Information Network (CJIN) users across the state.

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Division of Criminal Investigation

The Division of Criminal Investigation (DCI) at the Montana Department of Justice is involved in many aspects of Montana law enforcement and is integral to the Department of Justice’s mission of promoting public safety.

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Montana Highway Patrol

Montana is rich in natural beauty and history. From Glacier Park in the west to Makoshika Park in the east, the men and women of the Montana Highway Patrol are working hard to make your travels safe and enjoyable. The Highway Patrol’s core values are “Service, Integrity and Respect.” These values are reflected in our commitment to public safety through diligent and fair enforcement of our traffic codes.

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Montana Law Enforcement Academy

The Montana Law Enforcement Academy is the premier law enforcement and public safety educational and training institution for state, county, city and tribal officers throughout the state. The Academy offers entry-level programs referred to as Basic Programs and advanced training through an array of Professional Development Programs.

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Public Safety Officer Standards & Training

The Council was formed in 2007 under 2-15-2029, MCA as an independent Quasi-judicial board. And as allowed by statute the Council adopted Administrative Rules in order to implement the provisions of Title 44, chapter 4, part 4, MCA. Per 44-4-403, MCA the Council is required to set employment and training standards for all Public Safety Officers as defined in 44-4-401, MCA and in addition the Council shall provide for the certification or recertification of public safety officers and for the suspension or revocation of certification of public safety officers.

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Motor Vehicle Division

The mission of the Motor Vehicle Division (MVD) is to identify and promote efficient, cost-effective programs that benefit the interests, safety, and well-being of Montana citizens through licensing, registering, and regulating the motoring activities of the public. The MVD continuously strives for excellence in customer service. Streamlining the way we do business has allowed us to improve our efficiency and make our services more convenient for our customers.

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Natural Resource Damage Program

The Natural Resource Damage Program (NRDP) was created in 1990 to prepare the state’s lawsuit against the Atlantic Richfield Co. (ARCO) for injuries to the natural resources in the Upper Clark Fork River Basin (UCFRB). Decades of mining and mineral processing operations in and around Butte and Anaconda released substantial quantities of hazardous substances into the Upper Clark Fork River Basin between Butte and Milltown. These hazardous substances extensively degraded the area’s natural resources.

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Office of Consumer Protection

Enforce consumer laws designed to protect the consumer from unfair or deceptive business practices. Enforce statutes relating to telephone solicitation and telemarketing. Provide information to consumers about the Consumer Protection Act. Assist consumers by distributing consumer education materials including scam and consumer alerts. Investigate false, misleading, or deceptive trade practices.

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Gambling Control Division

Through the Gambling Control Division, the Department of Justice regulates all forms of gambling in Montana, except for the Montana Lottery and horse racing. The legislature has charged the division with maintaining a uniform regulatory climate that is fair and free of corrupt influences. The division is also responsible for collecting gambling revenue for state and local governments.

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Human Trafficking

The Montana Department of Justice has a continued commitment to victims of human trafficking. In partnership with federal authorities, our agency plays a key role in the investigation, enforcement, and prosecution of crimes related to human trafficking in Montana. This form of modern day slavery does happen here in Big Sky Country.

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Prescription Drug Abuse Awareness Program

Montana’s deadliest drugs aren’t made in secret labs and they don’t always come from dealers on the corner. They’re in our own medicine cabinets. Each year, prescription drug abuse contributes to the deaths of more than 300 Montanans — making prescription drug abuse 15 times more deadly than meth, heroin and cocaine combined. Our kids report the third-highest rate of prescription drug abuse in the country and more than half of them say prescription drugs are easier to get than street drugs.

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Safe in Your Space

When it comes to embracing new technology, kids have rapidly outpaced their parents and teachers. By their early school years, many children are already more comfortable on the Internet than their parents. But just because children are smart enough to know how to navigate the Internet, doesn’t mean they have the experience to make good decisions about some of the possibilities they may face online.

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Montana Sexual or Violent Offender Registry

Created by the Montana Department of Justice in 1989, the Sexual or Violent Offender Registry is a valuable resource for Montanans to protect their families against sexual or violent offenders.

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Montana 24/7 Sobriety Program

Drinking and driving has been a chronic – and deadly — problem on Montana’s roadways for decades. In 2008, Montana was ranked as the deadliest state in the nation when it came to per capita DUI-related traffic fatalities.

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Work for Justice

Everyday at The Montana Department of Justice, our employees are dedicated to ensuring the well-being and rights of the people of our great state. We’re passionate about what we do because it’s more than a job or a career. It’s about who we are as people. If this sounds like you, your unique experiences, knowledge, and values may be just what the Montana Department of Justice is looking for and needs. In return we can offer a culture that promotes fairness and growth opportunities.

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