A tricky North Dakota minerals dispute awaits Burgum at Interior

By Michael Doyle | 12/05/2024 01:18 PM EST

The state and a Native American tribe have been at odds over mineral rights on the Fort Berthold Indian Reservation worth many millions of dollars.

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-nominee Doug Burgum could soon confront anew a multimillion-dollar mineral rights dispute that’s split his North Dakota constituents and spun Interior Department lawyers around in circles.

The Mandan, Hidatsa and Arikara Nation claims the mineral rights beneath the bed of the Missouri River, where it flows through the Fort Berthold Indian Reservation in western North Dakota. Two Interior Department legal opinions issued in the Obama and Biden administrations say the nation’s claim is correct.

North Dakota state officials believe otherwise. They, too, have a competing Interior legal opinion issued in the first Trump administration on their side.

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Now, if Burgum is confirmed as Interior secretary, the two-term Republican North Dakota governor will be challenged to reconsider this home-state issue in which Interior’s legal opinions come and go like streetcars.

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