DICKINSON - LeRoy Fettig reminded the U.S. Army Corps of Engineers that people of the Fort Berthold Indian Reservation weren't the only ones to lose land to the Garrison Dam project.

Fettig was among about 35 people who attended a hearing Tuesday in Dickinson to talk about the corps' draft plan to transfer 24,000 acres it no longer needs around Lake Sakakawea inside the reservation boundary back to the Three Affiliated Tribes.

The draft report will go to final form before any transfer is made.

Only six testified at the hearing; three of them to protest on behalf of state interests.

Fettig underscored Gov. John Hoeven's argument - that the transfer is inherently unfair because it doesn't give land back to the original owners.

The land would go into trust for the tribes, but Hoeven said tribal and nontribal members privately owned the majority of the acres within the reservation boundaries.

Fettig's land is up what's called the Little Missouri arm of Lake Sakakawea, where the lake backs up into what used to be the river drainage. It isn't on the reservation.

Fettig said the corps condemned 1,200 acres of his family's land back in the '50s and took about 600 acres above the 1,854-foot elevation mark.

It's the same as land that would go back to the tribes, in that it's all above that same elevation, though the corps has made a special determination that it no longer needs the tribal land above that elevation to operate the dam.

Fettig said the corps doesn't need the land above that elevation bordering his ranch, either.

"They took it because they could," Fettig said. "At least I'd like to be on record that I have no problem giving the tribes their land back, but they should give mine back, too. I'd even buy it."

Hoeven's legal counsel, Duane Houdek, gave the governor's position about fairness at the Dickinson hearing.

He said it would take a special act of Congress to return Fettig's and other similar land held by the corps around the lake not on the reservation.

Fettig said it's time consuming and frustrating dealing with the corps even to lease his family's land back.

"I feel like a flea trying to crawl up an elephant's leg," he said.

The corps is using the Fort Berthold Mineral Restoration Act to make the transfer, although there is some argument that the act is being inappropriately applied in this case.

Hoeven said Monday night he would go to court to block the transfer.

Paul Danks, the tribes' natural resources manager, reiterated remarks made at Monday's hearing in Bismarck. Danks said the tribes do not intend to obstruct public access to the land, or the lake. He said the tribes want the land back to hold the U.S. government to promises made back when the land was taken to build Garrison Dam.

He said the tribes are disappointed that the corps' draft plan does not include transferring another 12,000 acres inside the reservation boundary. Of those, 10,000 are leased to the state for Wildlife Management Areas and another 2,000 are leased for recreation sites.

The land being considered for transfer is all for grazing and vegetation management.

Terry Steinwand, State Game and Fish Department commissioner, said the state invests $5 million annually to provide free hunting.

He said it would cost another $60,000 to replace the land that would be transferred, plus nontribal residents would have to pay tribal fees to use it for small game hunting and fishing.

Steinwand advocated leaving the land free for the public and urged the corps to reconsider its draft decision.

The hearings continue on this schedule:

3 Today - 5 to 8 p.m., Airport International Inn, Williston.

3 Thursday - 5 to 8 p.m., 4 Bears Casino, New Town.

3 Friday - 5 to 8 p.m., Holiday Inn, Minot.

The first hour of the meetings will allow the public to view maps and discuss the issue with corps officials. The remaining two hours will be for recording public comments.

Anyone who can't attend the meetings or would like to provide comments in writing may mail them to the U.S. Army Corps of Engineers, Omaha District, Attn: CENWO-PM-AE (Larry Janis), 106 S. 15th St., Omaha, Neb. 68102, by fax at 402-221-4886 or by e-mail to larry.d.janis@;usace.army. mil. Comments must be received by Aug. 22 to be incorporated into the final effects report.