Oct 05, 2005 - 06:01:32 CDT
Bismarck Tribune
By LAUREN DONOVBy LAUREN DONOVAN
LAKE SAKAKAWEA - A document that will set the stage for transferring 36,000 acres around Lake Sakakawea to the Three Affiliated Tribes is slightly off schedule.
The U.S. Army Corps of Engineers now says it will be later this month before it releases a report on the effect of transferring about 36,000 acres of land back to the tribes.
The tribes hope to reclaim land taken from them in the '40s and '50s to flood Garrison Dam.
The corps will have to officially determine that it doesn't need the land anymore to operate or maintain the dam.
Because of questions raised by the public, including Gov. John Hoeven's office, the corps opened the topic for public comment last spring, planning to release what it called an "effects report" in September. Project manager Larry Janis said the report should be released sometime this month.
He said the corps received about 800 comments on the transfer and had to categorize them for response.
The comments had to do with public access once the land is transferred and how the tribes will manage the land.
The acres are inside the reservation boundary and above 1,855 feet elevation, which is the maximum lake pool. Most of it is leased for grazing, though some is leased for recreation to non-tribal entities and some to the State Game and Fish Department for Wildlife Management Areas.
Several hundred people attended the public hearings. Many were tribal members, who said the land rightfully belongs to the reservation.
The corps would transfer the land to the Bureau of Indian Affairs as tribal trust lands. The tribes has pledged to honor existing leases like the one McKenzie County has for a $2.5 million recreation site, with cabins and boat ramp, northeast of Watford City.
Janis said the report will respond to the comments and identify the acres that are no longer needed for maintenance and operation. It also will include a draft memorandum of agreement between the corps and the BIA. The memorandum will set out terms and conditions under which the land will be transferred.
The effects report will set off another round of public meetings and a 30-day comment period.
Janis said he expects the transfer could be effective in 2006.
The tribes made its request under the Fort Berthold Mineral Restoration Act, a specific act of Congress to return their land to trust status.
(Reach reporter Lauren Donovan at 888-303-5511 or lauren@;westriv.com.)
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