North Dakota tribe gains title to mineral rights under river

Apr 4, 2022, 5:16 PM | Updated: 6:14 pm

FARGO, N.D. (AP) — A North Dakota tribal nation on Monday officially assumed ownership of mineral rights under the Missouri River, snatching the title back from the state in a dispute that has gone on for more than two centuries.

The interior solicitor in the Biden administration said in an opinion released in February that the mineral rights under the original Missouri River riverbed belong to the Mandan, Hidatsa and Arikara Nation, also known as the Three Affiliated Tribes. That reversed a May 2020 Trump administration opinion concluding that the state is legal owner of submerged lands beneath the river where it flows through the Fort Berthold Reservation.

The Bureau of Indian Affairs filed notice in federal court on Monday that it recorded title to the tribes for 123 tracts of land.

At stake is an estimated $100 million in unpaid royalties held in trust and future payments certain to come from oil drilling beneath the river, which was dammed by the federal government in the 1950s. That flooded more than a tenth of the 1,500-square-mile (3,885-square-kilometer) Fort Berthold Reservation to create Lake Sakakawea.

The state has argued it assumed ownership of the riverbed when North Dakota became a state in 1889, citing cases in which the U.S. Supreme Court has held that submerged lands were not reserved by the federal government. The Three Affiliated Tribes base their premise on three previous federal opinions dating back to the 1851 Treaty of Fort Laramie that confirms their ownership of the riverbed.

The February memo marked the fourth time the Interior Department had addressed the issue since January 2017, when Solicitor Hilary Tompkins, an appointee of President Barack Obama, affirmed tribal ownership. Solicitor Daniel Jorjani, President Donald Trump’s appointee, ruled in favor of the state in 2020. Jorjani’s opinion was scrapped in March 2021, after President Joe Biden took office.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

This photo provided by Robert Wilkes, owner of a house boat management company, shows smoke rising ...

Associated Press

Houseboats catch fire while docked at Wahweap Marina on Lake Powell

More than half a dozen house boats momentarily caught fire at a popular boating destination on the Utah-Arizona line on Friday.

1 day ago

File - Women work in a restaurant kitchen in Chicago, Thursday, March 23, 2023. On Friday, the U.S....

Associated Press

US hiring, unemployment jump in May and what that says about the economy

The nation’s employers stepped up their hiring in May, adding a robust 339,000 jobs, well above expectations.

1 day ago

(Pixabay Photo)...

Associated Press

Oath Keeper from Arizona sentenced for role in Jan. 6 riot at US Capitol

Edward Vallejo, a U.S. Army veteran from Phoenix, oversaw a “Quick Reaction Force” at a Virginia hotel that was prepared to deploy an arsenal of weapons into Washington if needed, authorities say.

2 days ago

FILE - U.S. Border Patrol Chief Raul Ortiz listens during a news conference, Jan. 5, 2023, in Washi...

Associated Press

US Border Patrol chief is retiring after seeing through end of Title 42 immigration restrictions

The head of the U.S. Border Patrol announced Tuesday that he was retiring, after seeing through a major policy shift that seeks to clamp down on illegal crossings at the U.S.-Mexico border following the end of Title 42 pandemic restrictions.

3 days ago

FILE - President Joe Biden talks with House Speaker Kevin McCarthy of Calif., on the House steps as...

Associated Press

House OKs debt ceiling bill to avoid default, sends Biden-McCarthy deal to Senate

The House approved a debt ceiling and budget cuts package late Wednesday, as President Joe Biden and Speaker Kevin McCarthy assembled a bipartisan coalition of centrist Democrats and Republicans against fierce conservative blowback and progressive dissent.

3 days ago

Sean Bickings (Family Photo via city of Tempe)...

Associated Press

Family of man who drowned last year in Tempe Town Lake files wrongful death lawsuit

The family of a man who drowned in Tempe Town Lake a year ago filed a wrongful death lawsuit against the city Wednesday, noting that its police department doesn't have a policy requiring officers to go into the water to save someone.

3 days ago

Sponsored Articles

...

DAY & NIGHT AIR CONDITIONING, HEATING AND PLUMBING

Here are the biggest tips to keep your AC bill low this summer

PHOENIX — In Arizona during the summer, having a working air conditioning unit is not just a pleasure, but a necessity. No one wants to walk from their sweltering car just to continue to be hot in their home. As the triple digits hit around the Valley and are here to stay, your AC bill […]

...

SANDERSON FORD

Thank you to Al McCoy for 51 years as voice of the Phoenix Suns

Sanderson Ford wants to share its thanks to Al McCoy for the impact he made in the Valley for more than a half-decade.

...

Day & Night Air Conditioning, Heating and Plumbing

Company looking for oldest air conditioner and wants to reward homeowner with new one

Does your air conditioner make weird noises or a burning smell when it starts? If so, you may be due for an AC unit replacement.

North Dakota tribe gains title to mineral rights under river