Plain Talk

President Joe Biden's brand new administration has already taken swift action, by way of an executive order, on all manner of policy fronts.

One notable area is energy, where Biden has already withdrawn an already-issued permit for the Keystone XL pipeline. Now he's expected to sign a new order halting new oil and gas development on federal lands.

What could this mean for tribal lands? "It's not good," North Dakota Indian Affairs Commissioner Scott Davis said on this episode of Plain Talk.

Davis, who is a member of Governor Doug Burgum's administration with family roots in both the Standing Rock Sioux and Turtle Mountain Chippewa tribes, expressed no small amount of "frustration" with the Biden administration for taking this step.

"You can't just turn the light switch on and off on a whim," he said.

Oil and gas production is hugely important to the people of the MHA Nation whose lands are located in central and western North Dakota. According to Davis, among America's energy-producing tribes, the MHA Nation is "definitely the top."

Development on their lands represents roughly a fifth of North Dakota's total oil output. Davis says the tribe has enjoyed a financial windfall from oil development, the revenues of which have been directed toward building schools, health care facilities, and needed infrastructure.

If Biden's moratorium stops oil and gas leasing on the MHA Nation's lands "it would set them back 30 years," according to Davis.

"They have a trust responsibility to tribal communities," Davis said of the federal government.

I asked Davis if he knew if tribal leadership in North Dakota was consulted by the Biden administration on this order. "Not to my knowledge," he told me.

Native Americans are the "most regulated people in America," Davis said, adding that he's afraid this abrupt decision by the Biden administration could set a precedent for other policy areas like education.

Rob and Jay talk about a bizarre DUI case before the North Dakota Supreme Court as well as a bill that would reimburse lawmakers for meals.

North Dakota's Legacy Fund, since it was created by the Legislature and approved by voters in 2010, has turned a slice of the state's oil tax revenues into a nearly $8 billion balance.

That balance is invested in stocks and bonds across the nation, and the world, including in some ways that, as a moral matter, we shouldn't be happy about.

Almost none of it is invested in North Dakota.

Rep. Mike Nathe wants to change that. Or, at least, the part where practically none of these North Dakota tax dollars are invested in North Dakota.

He has proposed legislation that, if passed, would require that 20 percent of the Legacy Fund's balance (he pins that number at about $1.4 billion) would be earmarked for investment in North Dakota. It would be available as capital not just for companies and start-ups, but also for infrastructure.

He talked about the proposal on this episode of Plain Talk.

North Dakota has long been plagued by a shortage of capital. It's hard for companies that want to do business in our companies to find investment. Economic diversification is another long-standing issue dilemma for the state. While our most dominant industries, agriculture and energy, have created no small amount of prosperity here, they're also commodity-based and prone to volatility. The state's leaders have long seen this as having our eggs in too few baskets, but a solution hasn't been obvious.

Nathe's bill, which has broad support including from legislative leadership, is aimed squarely at those problems. Not only would companies looking to operate in the state have access to more capital, but the funds could also be invested in cheaper financing for needed infrastructure (think things like sewage plants and bridges).

Since the state would essentially be lending money to itself, that process would be faster and less of a financial burden to taxpayers.

What better use could there be for the Legacy Fund than to address some of North Dakota's legacy problems?

Rob and Jay talk about gun control legislation, the Capitol riot, and a bill that would end an exemption for clergy when it comes to mandatory reporting of child abuse.

"Trump is the best President of my lifetime," Senator Kevin Cramer told me on this episode of Plain Talk.

It's a statement he's made publicly many times, even after the ugly events in Washington D.C. on January 6.

But Cramer is also critical of President Donald Trump. He has accused Trump of inciting the crowd before the riot, he criticized the president for his conduct during and after the riot, and he said Trump's recent address, finally conceding the election and calling for peace, was tardy.

When asked if Donald Trump, after the riot at the capitol, is an effective messenger for Republicans and his movement Cramer said, "I doubt that he is, quite honestly."

Should President Trump be impeached and removed from office? That's "exactly the sort of activity that is not conducive to healing this nation," he said.

He also believes that Trump does not meet the requirements for removal by his cabinet under the 25th amendment.

The text of that amendment states that the President can be removed from office when the Vice President and a majority of cabinet members feel that he or she is "unable to discharge the powers and duties of his office.

What really seems to be frustrating Cramer is that the events at the end of Trump's term in office are going to overshadow the accomplishments on tax policy, energy and agriculture regulation, and foreign policy that he's proud to have helped the President enact.

"As Republicans distance themselves from Donald Trump the person we have to hold onto his ideas," Cramer said.

Rob and Jay talk about the latest coronavirus news.

Rob and Jay talk about North Dakota's new mask mandate.

Rob and Jay talk election results, Twitter bans, and District 8 controversy.

As the votes continue to be counted, President Donald Trump, which no real evidence, is making accusations of a fraudulent election.

How does North Dakota Senator Kevin Cramer, a staunch Trump supporter, feel about it?

"I don't think it helps him," Cramer said on this episode of Plain Talk.

"Do I condone everything President Trump says? No," Cramer also said.

But he also said he understands the President's feelings. "I don't blame President Trump for his level of frustration," Cramer said citing what, at this point, seems to have been some wildly inaccurate public polling and some dubious vote-counting procedures in states like Pennsylvania.

Cramer also spoke about some state-level politics, weighing in on the controversy in District 8 where Governor Doug Burgum, lawmakers, local party leaders, and the Democrats are all squabbling over who should get to sit in a legislative seat voters elected a dead person to.

Who will win the election? Rob and Jay discus.