There are no current legal authorities for the United States to convey the mineral rights purchased by the United States for the Garrison Dam/ Lake Sakakawea Project back to the original owners or their heirs.
No mineral rights that were purchased for the Garrison Dam/Lake Sakakawea Project have been returned to the original owners or their heirs. The only situation where original owners or their heirs can lease out minerals on lands purchased for the Garrison Dam/Lake Sakakawea Project is if the mineral rights were reserved to the original owners or their heirs at the time of their original purchase by the United States. Frequently Asked Questions on Mineral Rights and the Garrison Dam/Lake Sakakawea Project What authorities exist to allow the disposal or transfer of mineral interests to individuals (or their heirs) whose land was purchased by the United States for the Garrison Dam/Lake Sakakawea Project? Unless the original owners reserved their mineral rights at the time of surface acquisition by the United States, there are no existing legal authorities for the Federal government to convey those mineral rights to them or their heirs. Some families whose land was purchased by the United States for the Garrison Dam/Lake Sakakawea Project are now leasing their mineral interests. How did this occur if the Army Corps of Engineers (ACOE) didn't return their mineral interests? Some owners reserved their mineral rights when the surface rights were purchased by the United States. While this was not common, it was more likely to have been the case for lands acquired later in the project, generally on the west end of the reservoir, and very unlikely in the earlier acquisitions nearer the dam. If individuals have reason to believe that their mineral rights were reserved, this can be verified by examining the conveyance deeds and other historical records at the county courthouse where the land is located. Individuals considering undertaking this detailed historical research should keep in mind that most county courthouses have very limited resources to assist with inquiries. Are mineral interests from land that is currently owned by the ACOE and managed by the Bureau of Land Management (BLM) for the Garrison Dam/Lake Sakakawea Project being disposed of or transferred to individual owners? No. There is currently no legal authority to accomplish a disposal or transfer of mineral interest, except where the surface is being conveyed as well. The ACOE has determined that there are no lands currently in excess of project needs, so no such disposal or transfer of surface land can take place at this time. If the ACOE determines that there are lands in excess of project needs in the future, would that make it possible to acquire the mineral interests associated with those lands? Even if surface lands are found to be in excess to project needs at some time in the future, and would then be disposed of or transferred, the associated mineral interests can only be conveyed with them if either a) there are no known mineral values in the land, or b) if the reservation of the mineral rights by the United States interferes with or precludes appropriate non-mineral development that is a more beneficial use of the land than mineral development (Sec. 209 of the Federal Land Policy and Management Act of 1976, as amended). I understand that some mineral interests were conveyed to the Three Affiliated Tribes. Is that true and if so, why can't they convey land to other individual owners? The Fort Berthold Reservation Mineral Restoration Act of 1984 directed that all mineral interests in the lands located within the exterior boundaries of the Fort Berthold Indian Reservation that were acquired by the United States for the Garrison Dam/Lake Sakakawea Project (with certain specific exceptions) be held in trust by the United States for the benefit and use of the Three Affiliated Tribes. The same Act establishes that ACOE and DOI may enter into agreements under which any lands within the exterior boundaries of the reservation acquired by the United States for the construction, maintenance, or operation of the Garrison Dam and Reservoir Project that is no longer needed for such purposes is declared to be held by the United States in trust for the benefit of the Three Affiliated Tribes of the Forth Berthold Reservation. The same Fort Berthold Reservation Mineral Restoration Act of 1984 says that it “shall not deprive any person (other than the United States) of any right, interest, or claim which such person may have in any minerals prior to the enactment of this Act.” Does this establish a way for other pre-project land owners to reclaim lost mineral rights? No. The Act does not deprive anyone of existing mineral rights, but protects private parties that retained mineral rights in this area when the surface was purchased by the United States for the Garrison Dam/Lake Sakakawea Project. Have there been any authorities that allowed for the conveyance of mineral interests to prior surface owners? There was a law, (part of Public Law 102-575) that has since been repealed, that would have allowed for sale of some land within the Fort Berthold Indian Reservation that had been purchased for the Garrison Dam/Lake Sakakawea Project, to the original owners or to the Three Affiliated Tribes. The ACOE and BLM are not aware of any lands having been sold under this authority before it was repealed by Congress. --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Bakken Shale Discussion" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.com/group/bakken-shale-discussion?hl=en -~----------~----~----~----~------~----~------~--~---
