Law Commons^™

Opinion Regarding The Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Reservation (North Dakota), United States Department Of The Interior, Robert T. Anderson

US Government Documents related to Indigenous Nations

This memorandum, dated February 4, 2022, from the United States (US) Department of the Interior (Office of the Solicitor) to the Secretary and Assistant Secretary of Land and Minerals Management, the Assistant Secretary of Indian Affairs, and the Director of the Bureau of Indian Affairs rescinds the Solicitor’s May 26, 2020 opinion regarding mineral rights on the Fort Berthold Reservation which declared the state of North Dakota to be the owner of said rights. This memorandum reaffirms the January 17, 2017 opinion of Solicitor Hilary Tompkins that the rights belong to the Three Affiliated Tribes of the Fort Berthold Reservation. …

Reclamation: Managing Water In The West; An Overview Of The Pick-Sloan Missouri Basin Program, United States Bureau Of Reclamation, Roger S. Otstot

US Government Documents related to Indigenous Nations

This undated summary released by the Bureau of Reclamation offers a concise overview of the Pick-Sloan Missouri Basin flood control plan which was enacted when Congressed passed the Flood Control Act of 1944. This plan led to the construction of several dams in the Missouri River basin, including the Garrison Dam. The completion of the Garrison Dam displaced the majority of the Mandan, Hidatsa, and Arikara people living on the Fort Berthold Reservation. This document contains tables, graphs, maps, and a photograph.

Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Indian Reservation (North Dakota), Department Of The Interior, Daniel H. Jorjani

US Government Documents related to Indigenous Nations

This memorandum, dated May 26, 2020, from the United States Department of the Interior (Office of the Solicitor) to the Assistant Secretary of US Indian Affairs and the Assistant Secretary of Land and Minerals Management rescinds the Solicitor’s January 18, 2017 opinion regarding mineral rights on the Fort Berthold Reservation and asserts that the state of North Dakota, not the Three Affiliated Tribes, is the legal owner of the submerged lands beneath the Missouri River. The Solicitor cites the “Historical Examination of the Missouri River within the Fort Berthold Indian Reservation, Precontact-1902” and his interpretation of laws and case precedent …

Interior Department And Army Corps Announce Restoration Of Tribal Lands For The Three Affiliated Tribes Of The Fort Berthold Reservation; Transfer Restores Nearly 25,000 Acres Of Tribal Homelands Lost To The Garrison Dam Project, Department Of The Interior, Assistant Secretary Of The Army For Civil Works

US Government Documents related to Indigenous Nations

This news release, dated December 20, 2016, from the United States (US) Department of the Interior and the US Assistant Secretary of the Army announces the return of 24,959 acres of land on the Fort Berthold Reservation to the Three Affiliated Tribes of the Fort Berthold Reservation. The returned land was part of the 153,000 acres of land taken by the United States Government for construction of the Garrison Dam. The authority of this transfer is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). This press release provides some background on the Garrison Dam Project …

Fact Sheet: Potential Transfer Of Garrison Dam/Lake Sakakawea Project Lands, United States Army Corps Of Engineers

US Government Documents related to Indigenous Nations

This 2016 fact sheet released by the United States (US) Army Corps of Engineers, discusses the potential return of lands within the Fort Berthold Reservation to the Three Affiliated Tribes of the Fort Berthold Reservation. The lands in question are part of 153,000 acres that were taken for the construction and operation of the Garrison Dam. The authority of this return is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). The fact sheet includes a brief history of the lands in question, the process of the return, and the status of the return.

Memorandum Of Agreement Between The Department Of The Interior And The Department Of The Army Pursuant To Section 206(B) Of The Fort Berthold Mineral Restoration Act, Public Law 98-602 (1984), United States Department Of The Interior, Us Department Of The Army (Civil Works), Us Department Of Indian Affairs

US Government Documents related to Indigenous Nations

This Memorandum of Agreement, dated May 6, 2015, from the United States (US) Department of the Interior, the US Department of the Army (Civil Works), and the US Department of Indian Affairs, outlines the process by which a portion of land that was taken from the Three Affiliated Tribes of the Fort Berthold Reservation for construction and operation of the Garrison Dam be returned to the Three Affiliated Tribes. The authority of this return is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602).

Effects Report: Potential Transfer Of Garrison Project Lands Within The Fort Berthold Reservation Boundaries Pursuant To The Fort Berthold Mineral Restoration Act, United States Army Corps Of Engineers, Omaha District, Nebraska

US Government Documents related to Indigenous Nations

This report, dated April 2008, from the United States (US) Army Corps of Engineers (Omaha District, Nebraska) explains the potential transfer of unused lands from the Garrison Dam Project to the Three Affiliated Tribes of Fort Berthold Reservation. The land transfer proposed to return a portion of land out of the 153,000 acres taken by the US Government for the construction of the Garrison Dam. The authority of this transfer is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). This report is broken into six sections: Introduction, Authority, Criteria, Proposed Determination, Determination, and Conclusion. An …

Draft Effects Report: Potential Transfer Of Garrison Project Lands Within The Fort Berthold Reservation Boundaries, Pursuant To The Fort Berthold Mineral Restoration Act, Us Army Corps Of Engineers, Omaha District, Nebraska

US Government Documents related to Indigenous Nations

This report, dated May 2006, from the United States (US) Army Corps of Engineers (Omaha District, Nebraska) explains the potential transfer of unused lands from the Garrison Dam Project back to the Three Affiliated Tribes of Fort Berthold Reservation. The land transfer proposed to return a portion of land out of the 153,000 acres taken by the US Government for the construction of the Garrison Dam. The authority of this transfer is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). This report is broken into four sections: Introduction, Background, Proposed Determination, Public Comment and Response. …

Appendix E: Comments By Number, 2005, Us Army Corps Of Engineers

US Government Documents related to Indigenous Nations

This comments matrix, published in 2005, provides a summary of public comments made in 2005 regarding the proposed return of land to the Three Affiliated Tribes of the Fort Berthold Reservation. These comments were recorded from transcripts of three public meetings held in Bismarck, North Dakota (ND) on May 24; in Dickinson, ND on May 25; and in Williston, ND on May 26. The matrix also includes comments received outside these meetings via email and letter. The land return, based on the Mineral Restoration Act of 1984 (Public Law 98-602), proposed to return a portion of the land taken for …

Three Affiliated Tribes Health Facility Compensation Act, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report from the United States (US) House Committee on Resources, dated June 3, 2004, was written to accompany US Senate Bill 1146 which proposed the construction of a rural health care facility on the Fort Berthold Reservation, North Dakota. The estimated cost for construction of said facility is 20 million dollars. This facility is part of a continued attempt by the US government to compensate for loss of property, infrastructure, and way of life for the Mandan, Hidatsa, and Arikara people who were forced off their land on the Fort Berthold Reservation due to the construction of the Garrison …

Equitable Compensation Act: Hearing Before The Committee On Indian Affairs United States Senate; One Hundred Seventh Congress, First Session On Federal Obligation To Equitable Compensation To The Fort Berthold And Standing Rock Reservations, United States Congress, Us Senate

US Government Documents related to Indigenous Nations

This record, dated August 30, 2001, is a transcript of a follow-up hearing with the Three Affiliated Tribes and Standing Rock Nation to evaluate how the 1992 Equitable Compensation Act has served the tribes and if it has helped restore economic stability. Testimony from tribal members indicates that many promises made prior to the building of the dam were never met, that the promises were met were fulfilled 40-45 years after the dam was built, and, more importantly, that what was lost can never be compensated for with money. At the time of this hearing, the Three Affiliated Tribes were …

An Act To Authorize Additional Appropriations For The Construction Of The Buffalo Bill Dam And Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, Wyoming, United States Congress

US Government Documents related to Indigenous Nations

This United States (US) public law (Public Law 102-575), passed on October 30, 1992, also known as the “Reclamation Projects Authorization and Adjustment Act of 1992” contains a number of acts providing additional appropriations for various reclamation projects in the United States. The subsection known as the “Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act” (found on page 4,731) states that the US Congress did not adequately compensate the Mandan, Hidatsa, and Arikara tribes (The Three Affiliated Tribes) or the Standing Rock Nation (Standing Rock Sioux Tribe) for prime lands that were taken for construction of the …

Implementing Certain Recommendations Of The Garrison Unit Joint Tribal Advisory Committee Regarding The Entitlement Of The Three Affiliated Tribes And The Standing Rock Sioux Tribe To Additional Financial Compensation For The Taking Of Reservation Lands For The Site Of The Garrison Dam And Reservoir And The Oahe Dam And Reservoir And For Other Purposes, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report from the United States (US) House Select Committee on Indian Affairs, dated November 26, 1991, was written to accompany US Senate Bill 168 which aimed to provide the Three Affiliated Tribes and Standing Rock Sioux with fair compensation for lands taken for construction of the Garrison Dam and Oahe Dam as well as the return of land that was taken but not used for the dam projects. The report summarizes the background and need for US Senate Bill 168, and it acknowledges that the implementation of the Pick-Sloan Plan effectively forced the Three Affiliated tribes off their land …

Final Report Of The Garrison Unit Joint Tribal Advisory Committee: Hearing Before The Select Committee On Indian Affairs, United States Senate, United States Congress, Us Senate

US Government Documents related to Indigenous Nations

This report from the United States (US) Senate Select Committee on Indian Affairs, dated November 19, 1987, includes a hearing transcript regarding the status of the Three Affiliated Tribes and the Standing Rock Nation in terms of just compensation for their taken lands. The hearing covers debate among the committee members regarding additional compensation for the tribes and it includes statements from members of the Three Affiliated Tribes and the Standing Rock Nation. Some committee members express concern about the amount of compensation requested for the tribes and the means of producing those funds. The issue of unfulfilled promises made …

Hunger And Nutrition Problems Among American Indians: A Case Study Of North Dakota; Hearing Before The Select Committee On Hunger House Of Representatives One Hundredth Congress First Session, Hearing Held In New Town, Nd July 10, 1987, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report from the United States (US) House Select Committee on Hunger, dated July 10, 1987 includes the transcript of a hearing held in New Town, North Dakota focused on nutrition and diabetes among Three Affiliated Tribe members on the Fort Berthold Reservation. The hearing includes expert testimony from health and nutrition experts and residents of the Fort Berthold Reservation. The opening statement made by Representative Mickey Leland acknowledges the devastating impact that the Garrison Dam had on the Three Affiliated Tribes and he indicates that in addition to the information from the hearing, he will also consider the recommendations …

Final Report And Recommendations Of The Garrison Unit Joint Tribal Advisory Committee: Joint Hearing Before The Select Committee On Indian Affairs, United States Senate And The Committee On Energy And Natural Resources, United States Senate And The Committee On Interior And Insular Affairs, House Of Representatives, One Hundredth Congress, First Session On Oversight Hearing On The Final Report And Recommendations Of The Garrison Unit Joint Tribal Advisory Committee, United States Congress, Us Senate, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report from the United States (US) Senate Select Committee on Indian Affairs, the US Senate Committee on Energy and Natural Resources along with the Subcommittee on Water and Power, and the US House Committee on Interior and Insular Affairs along with the Subcommittee on Water and Power Resources, dated March 30, 1987, includes the transcript of a hearing to address the US Department of the Interior’s Garrison Unit Joint Tribal Advisory Committee’s (JTAC) finding that “the tribes of the Standing Rock and Fort Berthold Indian Reservations bore an inordinate share of the cost of implementing the Pick-Sloan Missouri Basin …

Water Resources Development Act Of 1986, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This excerpt from a report from the House Committee of Conference dated October 17, 1986, was written to accompany United States (US) House Resolution 6, also known as the “Water Resources Development Act of 1986.” US House Resolution 6 authorizes development, flood control, and water protection measures for several projects across the US. This report suggests amendments to US House Resolution 6. This excerpt highlights a section of the report entitled “Garrison Land Transfer” which stipulates that 136 acres of land be held in trust by the United States for the Three Affiliated Tribes of the Fort Berthold Reservation in …

An Act To Implement Certain Recommendations Made Pursuant To Public Law 98-360, United States Congress

US Government Documents related to Indigenous Nations

This public law, also known as "The Garrison Diversion Unit Reformulation Act of 1986" or United States (US) Public Law 99-294, passed on May 12, 1986, amended existing public law related to the Garrison Diversion Unit and addressed the major issues of meeting the water needs of North Dakota, addressing environmental impacts associated with the Garrison Diversion Unit, compensating farmers for lost land, honoring the Boundary Waters Treaty of 1909, and repaying Federal Loans that were used for the construction of the Garrison Diversion Unit.

Garrison Diversion Unit Reformulation Act Of 1986, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report from the United States (US) House Committee on Interior and Insular Affairs dated April 9, 1986, was written to accompany US House Resolution 1116 which seeks authorization for the construction of the Garrison Diversion Unit to help meet the water needs of North Dakota (ND). US House Resolution 1116 proposes improved repayment methods for irrigation and includes provisions that will compensate for farmland lost to the implementation of the Pick-Sloan Missouri Basin Program. This report includes a history of the Garrison Dam project, including problems encountered with the proposed implementation of irrigation which some in Congress criticized as …

An Act To Provide For The Use And Distribution Of Certain Funds Awarded The Wyandotte Tribe Of Oklahoma And To Restore Certain Mineral Rights To The Three Affiliated Tribes Of The Fort Berthold Reservation, United States Congress

US Government Documents related to Indigenous Nations

This public law, dated October 30, 1984, also known as the Mineral Restoration Act of 1984 and Public Law 98-602, declared that the mineral interests in the land within the boarder of the Fort Berthold Reservation be held in trust by the United States for the benefit of the Three Affiliated Tribes of the Fort Berthold Reservation. In 2016, this public law allowed for the return of about 25,000 acres of land taken for the Garrison Dam Project to the Three Affiliated Tribes of the Fort Berthold Reservation.

Declaring That The Mineral Rights In Certain Lands Acquired By The United States In Connection With The Garrison Dam And Reservoir Project Are Held In Trust For The Three Affiliated Tribes Of The Fort Berthold Reservation, And For Other Purposes., United States Congress, Us Senate

US Government Documents related to Indigenous Nations

This report from the Select Committee on Indian Affairs, dated September 18, 1984, was written to accompany United States (US) Senate Bill 2480 which puts the mineral rights of certain lands acquired by the United States for the Garrison Dam project in trust for the Three Affiliated Tribes. This report contains correspondences regarding US Senate Bill 2480 and proposed amendments for the bill. Various US government entities here debate whether the Three Affiliated Tribes have rights to the mineral interests on land that was taken for the Garrison Dam project. The bill summarizes that when the Three Affiliated Tribes accepted …

Year-End Report Of The 2d Session Of The 98th Congress, United States Congress, Us Senate

US Government Documents related to Indigenous Nations

This excerpt from the United States (US) Year-End Senate Report, dated January 1, 1984, includes a section entitled “Accomplishments of the Senate Select Committee on Indian Affairs” that summarizes laws passed and enacted regarding Indigenous People in the United States. The summary covers business pertaining to tribes across the United States, including the note that hearings on Indian health were held in North Dakota, Alaska, Washington, and Montana and that the Indian Health Care Improvement Act was vetoed. The summary indicates that an inheritance and land consolidation code was enacted pertaining to the Sisseton-Wahpeton Sioux Tribe of North and South …

A Review Of The Environmental, Economic And International Aspects Of The Garrison Diversion Unit, North Dakota, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report, also known as United States (US) House of Representative Report 94-1335, was approved and adopted on June 30, 1976 by the US House Committee on Government Actions, and transmitted to the Speaker of the US House of Representatives on July 2 of 1976. It is based on a study by the Conservation, Energy and Natural Resources Subcommittee.

As the title suggests, the report examines the environmental, economic and international aspects of the Garrison Diversion project, which was 19% complete at the time of the report. The report runs 161 pages, excluding table of contents.

Minot Extension, Garrison Diversion Unit, Missouri River Basin Project, North Dakota. Communication From The Assistant Secretary Of The Interior Transmitting A Report On The Minot Extension, Garrison Diversion Unit, Missouri River Basin Project, North Dakota, Pursuant To The Provisions Section 9(A) Of The Reclamation Project Act Of 1939, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This communication, dated June 8, 1970, from the United States (US) Assistant Secretary of the Interior provides details on the proposed Garrison Diversion Unit extension in Minot, North Dakota (ND). The proposed Minot Extension would provide municipal and industrial water supply to the city of Minot, ND which, at the time of the report, did not have adequate supply to meet its long-term needs. The extension would also provide enhancement for outdoor recreational uses. This communication indicates that a report on the Minot Extension was sent to the president and to all impacted US states for review. The communication contains …

Authorizing The Mortgaging Of Tribal Lands On The Fort Berthold Reservation For Certain Purposes, United States Congress, Us Senate

US Government Documents related to Indigenous Nations

This report from the United States (US) Senate Committee on Interior and Insular Affairs, dated May 7, 1970, was written to accompany US Senate Bill 774 which sought to authorize the US Government to mortgage tribal lands in order to provide more economic stability for the tribes. The report indicates that the tribe had still not recovered from the economic collapse that occurred after they were forced to move from their lands due to the construction of the Garrison Dam.

River Basin Surveys Papers, No. 28: The Dance Hall Of The Santee Bottoms On The Fort Berthold Reservation, Garrison Reservoir, North Dakota, Donald D. Hartle, Smithsonian Institution, Bureau Of American Ethnology

US Government Documents related to Indigenous Nations

Published as a series sponsored by the Smithsonian Institution Bureau of American Ethnology, the “River Basin Surveys Papers” are a collection of archeological investigations focused on areas now flooded by the completion of various dam projects in the United States. The River Basin Surveys Papers (numbered 1-39) were mostly published in bundles with 5-6 papers in each bundle. In collaboration with the United States (US) National Park Service and the US Bureau of Reclamation, the US Department of the Interior, and the US Army Corps of Engineers, the Smithsonian Institution pulled archeological and paleontological remains from several sites prior to …

River Basin Surveys Papers, No. 26: Small Sites On And About Fort Berthold Indian Reservation, Garrison Reservoir, North Dakota, George Metcalf, Smithsonian Institution, Bureau Of American Ethnology

US Government Documents related to Indigenous Nations

Published as a series sponsored by the Smithsonian Institution Bureau of American Ethnology, the “River Basin Surveys Papers” are a collection of archeological investigations focused on areas now flooded by the completion of various dam projects in the United States. The River Basin Surveys Papers (numbered 1-39) were mostly published in bundles with 5-6 papers in each bundle. In collaboration with the United States (US) National Park Service and the US Bureau of Reclamation, the US Department of the Interior, and the US Army Corps of Engineers, the Smithsonian Institution pulled archeological and paleontological remains from several sites prior to …

River Basin Surveys Papers, No. 27: Star Village: A Fortified Historic Arikara Site In Mercer County, North Dakota, George Metcalf, Smithsonian Institution, Bureau Of American Ethnology

US Government Documents related to Indigenous Nations

Published as a series sponsored by the Smithsonian Institution Bureau of American Ethnology, the “River Basin Surveys Papers” are a collection of archeological investigations focused on areas now flooded by the completion of various dam projects in the United States. The River Basin Surveys Papers (numbered 1-39) were mostly published in bundles with 5-6 papers in each bundle. In collaboration with the United States (US) National Park Service and the US Bureau of Reclamation, the US Department of the Interior, and the US Army Corps of Engineers, the Smithsonian Institution pulled archeological and paleontological remains from several sites prior to …

Providing For The Use Of Lands In The Garrison Dam Project By The Three Affiliated Tribes Of The Fort Berthold Reservation, United States Congress, Us Senate

US Government Documents related to Indigenous Nations

This report from the United States (US) House Committee on Interior and Insular Affairs, dated July 12, 1962, was written to accompany US Senate Bill 1161 which proposed to restore grazing rights to the Three Affiliated Tribes of the Fort Berthold Reservation on lands that were taken by the United States government for the Garrison Dam project. This report recommends an amendment to the wording of the bill. This amendment mirrors language used in similar bills relating to the Lower Brule and Crow Creek Indian Tribes. This bill resolves the grazing rights issues on these lands and will benefit the …

Garrison Diversion Unit. Letter From The Secretary Of The Interior, Transmitting A Report On The Garrison Diversion Unit, North Dakota And South Dakota, Missouri River Basin Project, United States Congress, Us House Of Representatives, United States Department Of The Interior

US Government Documents related to Indigenous Nations

This collection of letters and reports, dated February 4, 1960, contains correspondences from the US Department of the Interior, the US Bureau of Reclamation, the US Fish and Wildlife Service, the US Bureau of the Budget and other “interested federal agencies.” These correspondences discuss the risks and benefits of further development of the Missouri River Basin project in order to provide irrigation, more dependable municipal water supply, more dependable water supply to local industries and wildlife areas, as well as further development of flood control, drainage, and recreation. This extension would primarily benefit areas in North and South Dakota. The …