ND mineral rights fight pits tribal nation against Burgum’s home state

By Michael Doyle | 03/20/2025 01:36 PM EDT

Under the Biden administration, the Interior Department sided with the Mandan, Hidatsa and Arikara Nation against North Dakota.

A pump jack extracts oil from beneath the ground.

A pump jack in May 2021 extracting oil from beneath the ground on the Fort Berthold Indian Reservation, with Lake Sakakawea in the background, east of New Town, North Dakota. Matthew Brown/AP

Interior Secretary Doug Burgum’s home state of North Dakota this week underscored a dicey conflict over the ownership of invaluable mineral rights beneath the bed of a reservoir that occupies tribal lands.

In a new court filing, North Dakota reiterated its claim to the minerals held beneath Lake Sakakawea, which was created in the 1950s when the Missouri River was held back by construction of the Garrison Dam. The lake is located within the Fort Berthold Indian Reservation and the Mandan, Hidatsa and Arikara Nation makes a competing claim.

As North Dakota governor, Burgum supported the state’s claim. Now, as Interior secretary, he heads a department that is currently arguing in federal court that the mineral rights belong to the tribal nation. So far, this conflict has defied resolution.

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“In this instance, I think it is in everyone’s interest — the Tribe, the state, and the United States — to let the litigation play out,” said Joel West Williams, former Interior deputy solicitor for Indian affairs, in an email Thursday.

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