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 …

Bruce Lien Co. V. Three Affiliated Tribes, District Court Of North Dakota, Andrew W. Bogue

US Government Documents related to Indigenous Nations

This court case, decided on August 28, 1996, presented the problem of tribal council authority to enter the tribe into binding contracts. The disputing parties in this case entered a contract for co-operation of casino activities at Four Bears Motor Lodge while Wilbur Wilkinson was part of the Tribal Council. When the council changed leadership, the validity of the contract between Bruce Lien Co. and the Three Affiliated Tribes was challenged by the new leadership who alleged that Wilkinson did not have the authority to bind the Three Affiliated Tribes to the contract. Bruce Lien Co. felt they were entitled …

Duncan Energy V. Three Affiliated Tribes (1994), United States Court Of Appeals, Eighth Circuit

US Government Documents related to Indigenous Nations

This court case, decided on June 8, 1994, was the result of an appeal of an earlier decision made on September 28, 1992. This suit was initially filed by Duncan Energy (and others) who were operating oil and gas wells in the northeast quadrant of the Fort Berthold Reservation. They contended that the northeast quadrant of land was not part of the Reservation per the act of 1910 and as such they were not subject to taxation and employment ordinances set by the Three Affiliated Tribes. The 1992 ruling found that act of 1910 did not diminish the Reservation and …

Technical Corrections In Certain Indian Laws, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This United States (US) House report from the Committee on Natural Resources, dated April 19, 1994, was written to accompany US Senate Bill 1654 which proposed technical corrections to existing Indian laws. This report provides a background on US Senate Bill 1654 and proposes amendments. Among other corrections, the bill proposes to amend the White Earth Reservation Land Settlement Act of 1985 and to extend the allotted time for land transfers as written in the Three Affiliated Tribes and the Standing Rock Sioux Tribe Equitable Compensation Act. US Senate Bill 1654 became US Public Law 103-263 on May 31, 1994.

Making Certain Technical Corrections, United States Congress, Us Senate

US Government Documents related to Indigenous Nations

This report from the United States (US) Senate Committee on Indian Affairs dated November 19, 1993, was written to accompany US Senate Bill 1654 which proposes technical corrections to Indian laws. The report specifies that US Senate Bill 1654 proposes to extend the deadline for the sale of lands to their former owners (per the specifications of US Public Law 102-575 which contains the “Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act”). US Senate Bill 1654 became US Public Law 103-263 on May 31, 1994.

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 …

Duncan Energy V. Three Affiliated Tribes (1992), District Court Of North Dakota

US Government Documents related to Indigenous Nations

This court case, decided on September 28, 1992, established that the northeast quadrant of the Fort Berthold Reservation was part of the Reservation (therefore within tribal jurisdiction) but found that the Three Affiliated Tribes did not have taxation and employment authority over the gas and oil companies operating in that quadrant. Per Tribal Tax Code, any property on the Reservation used for business or profit is subject to a one-percent taxation and per the Tribal Employment Rights Office Ordinance (TERO), any employers within the Reservation must give preference to Native American workers. The Three Affiliated Tribes attempted to levy a …

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 …

Authorizing The Acquisition Of Additional Lands For Inclusion In The Knife River Indian Villages National Historic Site, 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 Committee on Interior and Insular Affairs, dated July 30, 1990, was written to accompany US Senate Bill 1230 which proposes to expand the Knife River Indian Villages National Historic Site in North Dakota by 465 acres to better represent the ancestral homelands of the Mandan and Hidatsa tribes. The proposed expansion included burial grounds. This report seeks to amend US Senate Bill 1230 to increase funding for the development of the historic site and to change the wording of Section 1 “Acquisition of Additional Lands” to specify certain parameters for acquiring 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 …

To Implement Certain Recommendations Made Pursuant To Public Law 98-360, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report, dated April 22, 1986, is the second part of a two-part report. The first report “Garrison Diversion Unit Reformulation Act of 1986 is dated April 9, 1986 and was written to accompany United States (US) House Resolution 1116.

This second part, presented by Morris K. Udall from the US House Committee on Interior and Insular Affairs, summarizes modifications proposed to the Garrison Diversion Unit and provides a cost estimated for the proposed bill. The report acknowledges the devastating effects that the Pick-Sloan Project had on the tribes living on Fort Berthold and Standing Rock reservations. US House Resolution …

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 …

Three Affiliated Tribes V. Wold Engineering (1986), United States Supreme Court, Sandra Day O'Connor

US Government Documents related to Indigenous Nations

Three Affiliated Tribes v. Wold Engineering is a case that forced the United States (US) Supreme Court to clarify US Public Law 83-280 (typically referred to as Public Law 280). Due to a lack of clarity in US Public Law 280, when the Three Affiliated Tribes attempted to sue Wold Engineering for breach of contract, North Dakota (ND) state courts told the tribes that they were unable to preside over a case between a sovereign nation and a private business. The ND Supreme Court held that the tribes would have to give up tribal sovereignty if they wanted to try …

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 …

Three Affiliated Tribes V. Wold Engineering (1984), United States Supreme Court, Harry Blackmun

US Government Documents related to Indigenous Nations

Three Affiliated Tribes v. Wold Engineering is a case that forced the United States (US) Supreme Court to clarify US Public Law 83-280 (typically referred to as Public Law 280). Due to a lack of clarity in US Public Law 280, when the Three Affiliated Tribes attempted to sue Wold Engineering for breach of contract, North Dakota (ND) state courts told the tribes that they were unable to preside over a case between a sovereign nation and a private business. The North Dakota courts held that the tribes would have to give up tribal sovereignty if they wanted to try …

Authorizing The Secretary Of The Interior To Set Aside Certain Judgment Funds Of The Three Affiliated Tribes Of Fort Berthold Reservation In North Dakota, United States Congress, Us Senate

US Government Documents related to Indigenous Nations

This report, dated May 17 1983, also known as United States (US) Senate Report 98-126, was submitted by the US Senate Select Committee on Indian Affairs to accompany Senate Bill 727, "to authorize the Secretary of the Interior to set aside certain judgment funds of the Three Affiliated Tribes of Fort Berthold Reservation in North Dakota, and for other purposes." In the report, the committee recommends passage of the bill, with three amendments that are detailed in the report.