US Government Documents related to Indigenous Nations

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  Final Report of the Garrison Unit Joint Tribal Advisory Committee: Hearing Before the Select Committee on Indian Affairs, United States Senate

  United States Congress and US Senate

  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 by the United States government to the tribes prior to removal from their land is discussed. Included in the report are prepared statements from tribal members, letters from the department of the interior and the civil works department of the army, and The Taken Land booklet.

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  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, and US House of Representatives

  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 Program mainstream reservoirs.” The hearing includes statements from members of the Three Affiliated Tribes and from Standing Rock Nation. This report includes recommendations from the Three Affiliated Tribes Business Council for compensatory action. The appendix includes additional statements made for the record and the Final Report of the Garrison Unit Tribal Advisory Committee.

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  An Act to Implement Certain Recommendations Made Pursuant to Public Law 98-360

  United States Congress

  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.

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  Garrison Diversion Unit Reformulation Act of 1986

  United States Congress and US House of Representatives

  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 being too costly. It also describes international concerns as the Canadian Government expressed concern that the Garrison Diversion Unit might violate the Boundary Waters Treaty of 1909. The report provides an explanation of US House Resolution 1116 and offers amendments to some of the sections of the bill. Part II to this report, dated April 22, 1986, is entitled “To Implement Certain Recommendations Pursuant to Public Law 98-360” and is presented by Morris K. Udall from the US House Committee on Interior and Insular Affairs. US House Resolution 1116 became US Public Law 99-294 on May 12, 1986.

  This report is the first part of a two-part report. The second part, titled “To Implement Certain Recommendations Made Pursuant to Public Law 98-360” is dated April 22, 1986.

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  To Implement Certain Recommendations Made Pursuant to Public Law 98-360

  United States Congress and US House of Representatives

  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 1116 became US Public Law 99-294 on May 12, 1986.

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  Water Resources Development Act of 1986

  United States Congress and US House of Representatives

  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 exchange for lands that the United States will utilize for operation of the Garrison Dam; The Three Affiliated Tribes may use this land for grazing when it is not flooded. US House Resolution 6 became US Public Law 99-662 on November 17, 1986.

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  Three Affiliated Tribes v. Wold Engineering (1986)

  United States Supreme Court and Sandra Day O'Connor

  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 their case. The tribes took their case to the US Supreme Court. This is the second of two visitations that the US Supreme Court made to Three Affiliated Tribes v. Wold Engineering. This case was argued in March 1986 and decided in June 1986. Upon review, the US Supreme Court held that federal assurance that all US citizens have access to US courts preempts any state legislation that would bar the sovereign tribes from state court access. Justices Rehnquist, Brennan, and Stevens dissented.

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  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

  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.

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  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 and US Senate

  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 $5.1 million in compensation for their lands (154,000 acres), their contract with the US Army Corps of Engineers stipulated that the tribes would preserve mineral rights in the taken lands. However, the US Congress did not accept these terms and instead changed the contract to offer $12.5 million in compensation for all rights and interests in the land. Assistant US Attorney General Robert A. McConnell counters that the Three Affiliated Tribes were already adequately compensated for their land and for the mineral rights. US Senate Bill 2480 did not become US law.

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  Year-End Report of the 2d Session of the 98th Congress

  United States Congress and US Senate

  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 Dakota. The summary also claims that mineral interests beneath the Garrison Reservoir were restored to the Three Affiliated Tribes. The report also indicates that the US Select Committee on Indian Affairs became a permanent committee.

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  Three Affiliated Tribes v. Wold Engineering (1984)

  United States Supreme Court and Harry Blackmun

  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 their case. The tribes took their case to the US Supreme Court. This is the first of two visitations that the US Supreme Court made to Three Affiliated Tribes v. Wold Engineering. This case was argued in November 1983 and decided in May 1984. Upon review, the US Supreme Court held that the ND Supreme Court had possibly misunderstood Public Law 280, and they sent the case back for further review. However, the ND Supreme Court could not reconcile the case, so Three Affiliated Tribes v. Wold Engineering was sent back to the US Supreme Court in 1986.

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  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 and US Senate

  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.

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  Authorizing the Assiniboine Tribe to File in the U.S. Court of Claims Any Claims Against the United States for Damages for Delay in Payment of Lands Claimed to be Taken in Violation of the U.S. Constitution, and for Other Purposes

  United States Congress and US Senate

  This report from the United States (US) Select Committee on Indian Affairs and the Committee on the Judiciary, dated June 25, 1980 was written to accompany US Senate Bill 1796 which authorized the Assiniboine tribe to seek damages for US constitutional violations and the delay of payment for taken lands. This report includes recommendations from the US assistant attorney general and proposed amendments for the bill. US Senate Bill 1796 became US Public Law 96-434 on October 10, 1980.

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  Authorizing the Blackfeet and Gros Ventre Tribes to File in the U.S. Court of Claims Any Claims Against the United States for Damages for Delay in Payment of Lands Claimed to be Taken in Violation of the U.S. Constitution, and for Other Purposes

  United States Congress and US Senate

  This report from the United States (US) Senate Select Committee on Indian Affairs and the Committee on the Judiciary, dated June 25, 1980 was written to accompany US Senate Bill 1795 which authorized the Blackfeet and Gros Ventre tribes to seek damages for US Constitutional violations and the delay of payment for taken lands. This report recommends an amendment to the language of US Senate Bill 1795. US Senate Bill 1795 became US Public Law 96-405 on October, 9, 1980.

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  American Indian Religious Freedom (Joint Resolution)

  United States Congress

  This United States (US) public law, passed on August 11, 1978, offered protection to Indigenous people to freely practice their religion. Prior to the passing of this public law, many Indigenous religious practices were outlawed. This public law granted to Indigenous people in the United States what was already written in the first amendment of the US Constitution.

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  An Act to Establish for the Placement of Indian Children in Foster or Adoptive Homes to Prevent the Breakup of Indian Families, and for Other Purposes

  United States Congress

  This United States (US) public law, also known as the Indian Child Welfare Act (IWCA) passed on November 8, 1978, addressed the high rate of removal of Indigenous children from their homes. The law established federal standards for removal and placement of children, imposing guidelines that aim to keep Indigenous children connected to their tribe and to their culture.

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  Indian Land Areas Judicially Established

  United States Geological Survey

  This map was published alongside the United States Indian Claims Commission Final Report, dated September 30, 1978. The text on the map reads, "This map portrays the results of cases before the U.S. Indian Claims Commission or U.S. Court of Claims in which an American Indian tribe proved its original tribal occupancy of a track with in the continental United States."

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  United States Indian Claims Commission Final Report

  United States Indian Claims Commission

  This document, dated September 30, 1978, is the final report of the United States (US) Indian Claims Commission which operated from 1946 to 1978. The Claims Commission served as an intermediary between Indigenous people in the United States and the US Court of Claims to help process the volume of claims filed against the United States. Following the “Indian Citizenship Act” (An Act to Authorize the Secretary of the Interior to Issue Certificates of Citizenship to Indians) in 1924, an increasing number of Indigenous people were filing suit with the Court of Claims over treaty violations and other grievances about the conduct of the US government. This increase necessitated a more organized way of processing claims. The Meriam Report, published in 1928, supported the idea of a claims commission and in 1946 it was established. This final report includes a history of the Claims Commission, an alphabetical list of cases handled by the Claims Commission, an index of claims by docket number, and a record of completed dockets and awards. This report includes a map entitled, "Indian Land Areas Judicially Established." This map is posted to this collection as a separate document.

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  A Review of the Environmental, Economic and International Aspects of the Garrison Diversion Unit, North Dakota

  United States Congress and US House of Representatives

  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.

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  Bryan v. Itasca County

  US Supreme Court and William J. Brennan

  This United States (US) Supreme Court case, decided June 14, 1976, provided clarity on the jurisdiction granted by US Public Law 280 in regard to taxation of the personal property of reservation Indians. In 1972, petitioner Russell Bryan, enrolled member of the Minnesota Chippewa Tribe residing on the Leech Lake Reservation in Minnesota, received a notice of taxation on his home from Itasca County, Minnesota. Bryan filed suit to Minnesota district court which ruled in favor of Itasca County. Although US Public Law 280 does not specifically address taxation, the district court based its decision on US Public Law 280, holding that because the law does not specifically exempt taxation of personal property. The case went to the Minnesota Supreme court which ruled the same. The US Supreme Court agreed to review the case and reversed the decision of the lower courts. The US Supreme Court ruled unanimously in favor of Bryan, holding that the intention of US Public Law 280 was to allow for states to assume jurisdiction over criminal suits and not to authorize taxation of personal property of enrolled members of federally recognized tribes living on tribal trust land. William J. Brennan delivered the opinion of the court.

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  Providing for the Establishment of the Clara Barton National Historic Site, Md.; John Day Fossil Beds National Monument, Oreg.; Knife River Indian Villages National Historic Site, N. Dak.; Springfield Armory National Historic Site, Mass.; Tuskegee Institute National Historic Site, Ala.; and Martin Van Buren National Historic Site, N.Y., and for Other Purposes

  United States Congress and US House of Representatives

  This report from the United States (US) House Committee on Interior and Insular Affairs, dated August 14, 1974, was written to accompany US House Resolution 13157 which proposed to establish six new historic sites in the United States, all to be classified under the National Park System, including the Knife River Indian Villages National Historic Site in North Dakota. This report recommends minor wording amendments to US House Resolution 13157 and clarifies that the establishment of each historic site listed in US House Resolution 13157 was initially proposed as individual pieces of legislation that were all wrapped into this singular bill. The legislation to establish the Knife River historic site was originally proposed by Senator Quentin Burdick as US Senate Bill 1468 which passed the US Senate with amendments. US House Resolution 13157 became US Public Law 93-486 on October 26, 1974.

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  Authorizing the Establishment of the Knife River Indian Village National Historic Site

  United States Congress and US Senate

  This report from the (US) States Senate Committee on Interior and Insular Affairs, dated November 29, 1973 was written to accompany US Senate Bill 1468 which sought to establish the Knife River Indian Villages National Historic Site in North Dakota. This report seeks to amend US Senate Bill 1468 to specify funding limits for acquisition of land and for development of the historic site. US Senate Bill 1468 was passed by the US Senate as amended on November 30, 1973. This legislation was reintroduced as part of an omnibus bill that established six new national historic sites. That legislation, US House Resolution 13157, became US Public Law 93-486 on October 26, 1974

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  The City of New Town, North Dakota v. U.S

  United States Court of Appeals, Eighth Circuit

  This court case, decided on January 17, 1972, established that the act of 1910 which allowed for the sale of “surplus” lands on the Fort Berthold Reservation after allotment did not change the jurisdictional boundaries of the reservation, meaning that the reservation proper still includes the northeast quadrant.

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  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 and US House of Representatives

  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 copies of the comments received regarding the proposed extension, including correspondences from the US Bureau of the Budget which offered no opposition to the proposal. A copy of the proposed plan is included in this communication. This communication does not mention the Three Affiliated Tribes of the Fort Berthold Reservation or any tribes inhabiting the region. This document includes maps, illustrations, and tables.

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  Authorizing the Mortgaging of Tribal Lands on the Fort Berthold Reservation for Certain Purposes

  United States Congress and US Senate

  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.