103d Congress, 2d Session
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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 that the Three Affiliated Tribes did have authority over the northeast quadrant; however, that court also found that the Three Affiliated Tribes did not have authority to claim a severance tax on the extraction of gas and oil from their land nor did they have the authority to impose their employment ordinance on companies operating in that quadrant. The outcome of this case (the appeal) upheld the ruling that the boundaries of the reservation do include the northeast quadrant; however, it reversed the decision of the North Dakota district court noting that the court needed to dismiss the case for failure to exhaust tribal remedies or that the case should be revisited after tribal remedies are exhausted.
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, United States Court of Appeals Eighth Circuit
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 27 F.3d 1294 (8th Cir. 1994). https://commons.und.edu/indigenous-gov-docs/137/.
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