Bismarck Tribune - Bismarck News - Giving tribal land back meets resistance

Giving tribal land back meets resistance

May 24, 2005 - 23:16:21 CDT

By LAUREN DONOVAN, Bismarck Tribune

Members of Fort Berthold Indian Reservation have waited 50 years to get back land taken from them for the permanent flooding of Lake Sakakawea.

They may be within months of getting about 25 percent of that land back, but from comments at a hearing on a proposed transfer Tuesday night in Bismarck, the idea faces some stiff resistance.

The U.S. Army Corps of Engineers says it has authority to transfer land above 1,854 feet elevation within reservation boundaries that's no longer needed to maintain or operate the dam. It proposes to transfer about 36,000 acres of the 156,000 acres originally taken when Garrison Dam was built in the 1950s. The authority comes from a 1984 federal law, the Fort Berthold Mineral Restoration Act.

The transfer would be a several-step process and include more hearings and a report on the effects of the transfer before any final action, possibly later this year.

Members of the Three Affiliated Tribes said the transfer helps right an old wrong, created when the reservation was forced to give nearly 70 percent of all the land needed in North Dakota to hold back the Missouri River from flooding downstream.

John Danks, a reservation member, reminded the 200 or so at the hearing that the tribes were once given 12 million acres in treaty, now reduced to 450,000 acres by one taking after another. About one-third of the people who attended were tribal members.

"Why does the public want these few acres in the heart of our reservation?" Danks asked. "Why would they?"

The corps has leased some of that land to state and local public users over the years and several state officials stepped up to provide that answer.

State Game and Fish Commissioner Dean Hildebrand said he is diametrically opposed to the transfer as proposed because of the state's investment in 7,000 wildlife management areas around the lake. The areas are managed for recreation and hunting.

He said the wildlife management areas would become tribal lands and non-tribal members would have to buy tribal hunting licenses to use them. He said the state and tribes should at least have the same "sideboards" of opening seasons and bag limits.

Gov. John Hoeven said the corps should not abandon its responsibility to provide recreation on Lake Sakakawea, which is outlined in the corps' master manual for Missouri River operations.

Doug Prchal, director of the State Parks Department, said there are state and federal cooperative recreation projects on the lake that could be affected by the transfer.

"What does the future hold should this transfer proceed?" he asked.

The transfer would consist of varying widths of land, rimming the reservation on both sides of the lake. The land is closest to the water, where boat ramps and public use occurs.

Prchal's question got to the heart of the matter.

David Johnson, a member of a cabin owner's association at McKenzie Bay, said people simply need more information about what would happen if the tribe takes over leases like the one McKenzie County and Watford City have with the corps for a $2.5 million public and private recreation area there.

Byron Holtan, owner of Indian Hills resort on the lake's north shore, raised a question of fairness. Holtan said he is a non-tribal member, living within the boundaries, whose family also had land taken for the dam. Now he's leasing some of that land back to operate a resort and said it's in jeopardy of being included in the transfer.

He said his grandfather had an old farm truck in which he used to help reservation members move out of their homes ahead of the rising water.

"There were a lot of tears shed in that truck," Holtan said. "Why shed tears again?"

Holtan said the land should be returned to reservation and non-reservation members alike.

Russell Gillette is the son of George Gillette, who was tribal chairman when the federal law was signed to flood the reservation members' ancestral home. In a photo that went around the world, George Gillette was overcome with emotion among stoic bureaucrats.

Russell Gillette said the Three Affiliated Tribes are still reeling from the trauma caused by the dam.

"We all have to work together," he said. "We're all human."

The corps plans to make an agency-to-agency transfer to the Bureau of Indian Affairs, which will hold all of the transferred land in trust.

Paul Danks, tribes' natural resource manager, said the Three Affiliated Tribes still has to clarify whether it would take over the corps' leases for wildlife management areas and public recreation areas or whether those would be managed by the BIA.

Tribal chairman Tex Hall sent a statement to the hearing. He said the tribe has questions about the transfer, too.

"The tribes recognize and understand that many of you are fearful of the proposed transfer," Hall said. "... understand that the tribes do not have any desire to obstruct your interests as we recognize that it is in the tribes' best interest to promote economic activity on and around Lake Sakakawea."

The corps will hold a hearing at 4 p.m. today at the Dickinson Days Inn and at 4 p.m. Thursday at the Williston Airport International Inn. Public comment will be taken from 6 p.m. to 8 p.m.

(Reach reporter Lauren Donovan at 888-303-5511 or lauren@westriv.com.)

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Comments

sister wrote on Dec 12, 2007 11:03 PM:

" your missed dearly buddy. "

guess wrote on Feb 13, 2007 12:19 PM:

" Thanks for putting MY efforts into the paper. You rock. No Alyysa, this is my idea. "

Alyssa Roller wrote on Jan 1, 2007 10:27 PM:

" hey . thanks for putting that sweet article in the news paper i just love when people can read about me ! well thanks love : alyssa roller "

Question? wrote on Dec 30, 2006 9:52 AM:

" How come is the school improvement director for DPI not a licensed teacher? Is this a patern the State Superintendent of Public Instruction has been doing for years? I've heard rumors to that effect. It would be nice if someone would check this out - and not only in the school improvment department. I think the State Superintendent should be held to the same standard as public schools are held to in North Dakota. Currently when schools hire teachers who do not have a current North Dakota Teacher's License, someone (the teacher) pays a fine ( I think it is about $ 100. per day.) I think what is good for the goose is good for the gander. DPI should be held to the same standard as teachers and the schools. "

Correction wrote on Dec 30, 2006 9:38 AM:

" The article states that "The plan provides further details to state assessments, which are currently given to fourth-, eighth- and 12th-graders and will eventually be expanded to other grades." This is incorrect. For the past 2 years the state assessments were administered to students in grades 3, 4, 5, 6, 7, 8, and 11. Twelfth grade students haven't been assessed for 3 years. "

Let's do it!! wrote on Oct 19, 2006 5:34 PM:

" Lets give back the whole state to the Native Peoples of this land. It's there's anyway!! "

Buck wrote on Aug 30, 2006 9:59 AM:

" Or whiiiiiiiiiiiiiiiiaaaaaaaaaaaaat! "

Kristin wrote on Aug 24, 2006 2:09 AM:

" Well i was searching for my friend Kelly Winn the snow boarder i meant from the max air show at a Carnival in Carbondale IL... i use to work with Harris Exoitics and we were set up right behind him... Kelly and i kept in touch for a while after but i guess i know why the letters stopped now. you know it sucks to have had to find out this was. i still thought of him from time to time hoping one day we'd see eachother again i cant believe i had to find out this way years later what had a happen. RIP Kelly. Im just sorry it took me this long to find out.. "

ummyeah wrote on Aug 16, 2006 10:39 AM:

" These comments aren't even about the article. Wow. "

washingtongirl1 wrote on Aug 3, 2006 3:30 AM:

" Wow! These comments don't even seem to apply...? Far too confusing for those who read, to even try to care. Hmmm, who screens this anyway? "

L33tmaster wrote on Jul 28, 2006 7:51 AM:

" I hate the government. They have no right to tell me what I can or can't do. I'll gamble online whenever i damn please. "

hunkpapa wrote on May 24, 2006 9:32 AM:

" The Gaming Division of North Dakota need to furhter investigate this man. He has been given a license to steal just as he did at Standing Rock. Banks accounts and other financial information needs to be collected and examined on how he was able to obtain the funds to purchase the establishment in Fargo. One would believe it was from the money that was obtined from the Standing Rock Tribe. Be where of this individual. "

Shannon wrote on May 16, 2006 11:49 AM:

" Whay happpend to this women is unbelivable but the article was to discriptive of the scene. Yes, we are curois about the events that surrounded her murder but to what extent? Could you emagine if you read about your grandmother this way.... what would be your feelings then?! "

berber wrote on May 8, 2006 6:50 PM:

" what is another bird in the pelican family "

kathy toohey wrote on May 4, 2006 12:26 AM:

" I never fully understood the vital lifeline that Greyhound is, or was according to the article. It is somewhat confusing, you don't know if they are going or coming back. All of the stories are everyday stories and these are the ones that should be heard, and considered in such a decision, community, and communities that were all connected by this one bus line, and the jobs that were connected with this company, to rid these individuals of this one required mode of transportation is totally uncalled for and should be rectified immediately. We have to remember what we are dealing with here, humans who by helping them, they help one another, and it continues on,and all concerned will benefit and they will make their money, they have to remember maybe their pockets are to full and might need some individuals to be held accountable for the reasons that this is happening at all. "

Bob Armentrout wrote on Apr 17, 2006 9:21 AM:

" Just a quick note, my wife (who is from the La Crosse, WI area) and I saw about 200 white pelicans on the Mississippi River, just south of Stoddard WI. She told me she had never seen pelicans in this area before. We saw the flock first on Easter Sunday, April 16, 2006. Today, April 17, the flock has scattered some, mostly appearing to be in breeding pairs. If we see any nesting, we will post additional comments. "

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