102d Congress, 2d Session
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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 severance tax on the extraction of gas and oil from their land and to enforce TERO on the oil and gas companies working in the northeast quadrant. Duncan Energy (and others) filed suit to prevent the tribe from collecting this tax and from enforcing TERO. Duncan energy contended that the northeast quadrant was no longer part of the Fort Berthold Reservation due to the 1910 sale of “surplus” lands after allotment; however, the court found that the act of 1910 did not diminish the boundaries or jurisdiction of the Reservation. However, the court also found that the imposition of the tax and the hiring ordinance on Duncan was outside of tribal jurisdiction. The Three Affiliated Tribes appealed.
Mandan Hidatsa and Arikara Nation, the Three Affiliated Tribes of the Fort Berthold Reservation, Mandan, Nueta, Hidatsa, Arikara, Sahnish, Duncan Energy, law suit, litigation, court case, oil, gas, tax, Act of 1910, Tribal Employment Rights Office Ordinance (TERO), allotment, jurisdiction
Mandan Hidatsa and Arikara Nation, the Three Affiliated Tribes of the Fort Berthold Reservation, Mandan, Nueta, Hidatsa, Arikara, Sahnish, Duncan Energy, North Dakota District Court
Charles Allen Hobbs, Brian Raymond Bjella, Wilbur D. Wilkinson, Joseph J. Walker, Marcus Wells Jr.
Government Printing Office
American Politics | Indigenous, Indian, and Aboriginal Law | Indigenous Studies | Law and Politics | Native American Studies | United States History
Duncan Energy Co. v. Three Affiliated Tribes 812 F. Supp. 1008 (D.N.D. 1992). https://commons.und.edu/indigenous-gov-docs/136/.
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