Opinion Regarding the Status of Mineral Ownership Underlying the Missouri River within the Boundaries of the Fort Berthold Reservation (North Dakota)

Authors

United States Department of the Interior
Hilary C. Tompkins, Solicitor

Congress

115th Congress, 1st Session

Files

Description

This memorandum, dated January 18, 2017, from the United States (US) Department of the Interior (Office of the Solicitor) to the Assistant Secretary of US Indian Affairs and the Director of the US Bureau of Indian Affairs responds to an inquiry requesting an opinion on mineral rights ownership on the Fort Berthold Reservation. The state of North Dakota and the Three Affiliated Tribes of the Fort Berthold Reservation submitted competing claims of ownership. The memorandum provides a history of the area, settlement, trade, treaties, the river and its flood and flood control history, the Garrison Dam, and the reasons why each party claims to have mineral rights. Based on this history, the Solicitor provides the opinion that the original bed of the Missouri River within the boundaries of the Fort Berthold Reservation were originally owned by the tribes and are therefore held in trust for the benefits of the tribes as granted by the Mineral Restoration Act of 1984. This document includes several maps and photographs as attachments.

Publication Date

1-18-2017

Keywords

Mandan Hidatsa and Arikara Nation, the Three Affiliated Tribes of the Fort Berthold Reservation, Mandan, Nueta, Hidatsa, Arikara, Sahnish, Garrison Dam, Garrison Reservoir, Garrison Reservoir Project, Lake Sakakawea, land back, land transfer, mineral restoration, Fort Berthold Mineral Restoration Act

Organizations Referenced

Mandan Hidatsa and Arikara Nation, the Three Affiliated Tribes of the Fort Berthold Reservation, Mandan, Nueta, Hidatsa, Arikara, Sahnish, Department of the Interior, US Bureau of Indian Affairs

People Referenced

Hilary C. Tompkins

Publisher

Government Printing Office

Related Documents

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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)

Effects Report: Potential Transfer of Garrison Project Lands Within the Fort Berthold Reservation Boundaries Pursuant to the Fort Berthold Mineral Restoration Act

Draft Effects Report: Potential Transfer of Garrison Project Lands Within the Fort Berthold Reservation Boundaries, Pursuant to the Fort Berthold Mineral Restoration Act

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Status of Mineral Ownership Underlying the Missouri River within the Boundaries of the Fort Berthold Indian Reservation (North Dakota)

Opinion Regarding the Status of Mineral Ownership Underlying the Missouri River Within the Boundaries of the Fort Berthold Reservation (North Dakota) (2022)

Recommended Citation

Tompkins, Hilary C., Solicitor, Department of the Interior. Opinion Regarding the Status of Mineral Ownership Underlying the Missouri River within the Boundaries of the Fort Berthold Reservation (North Dakota) January 18, 2017. https://commons.und.edu/indigenous-gov-docs/145/.