Missouri River- publicradio.org
BISMARCK, N.D. – The State of North Dakota has moved to intervene in a federal lawsuit brought by the Mandan, Hidatsa, and Arikara Nation asserting ownership of the historical riverbed of the Missouri River within the boundaries of the Fort Berthold Indian Reservation.
A statement from the North Dakota Attorney General’s office claims that the State owns title to the riverbed within the Reservation.
The U.S. Department of the Interior Solicitor, under the Trump administration, agreed with the State in May 2020.
In July 2020, the Tribes sued the Department of the Interior seeking to overturn the Solicitor’s opinion, prevent it from being implemented, and establish their title to the riverbed and to funds generated from leasing and production of minerals located therein.
In February 2022, the Biden administration’s Interior Solicitor reversed the 2020 opinion, concluding the riverbed belongs to the United States in trust for the Tribes.
In the statement, the State said it has never relinquished its claim to the historical riverbed, “which it acquired at statehood in 1889 under the equal footing doctrine, which provides that a state entering the Union retains title to the beds of navigable rivers and lakes within the state, unless Congress has expressly designated otherwise.”
The motion, filed in the U.S. District Court for the District of Columbia on Friday, preserves the State’s position while also allowing discussions to continue with the Tribes and the United States to reach a resolution.
“While multiple Interior opinions have been issued over the years, the matter of title has never been resolved in a court of law as it must be,” the statement said.
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