Judge orders trial for North Dakota tribal mineral rights case

By Michael Doyle | 01/07/2026 01:42 PM EST

The state and Mandan, Hidatsa and Arikara Nation are at odds over ownership of a riverbed in the Fort Berthold Indian Reservation.

A pump jack extracts oil from beneath the ground near a lake.

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

A federal judge has ordered a full trial to resolve a long-running North Dakota mineral rights dispute that puts the federal government at odds with Interior Secretary Doug Burgum’s home state.

Citing a complicated history that includes several pivots by the federal government, U.S. District Judge Amy Berman Jackson on Tuesday said a trial will have to determine who owns the riverbed underlying the portion of the Missouri River inside the Fort Berthold Indian Reservation.

The state of North Dakota and the Mandan, Hidatsa and Arikara Nation have staked competing claims on the riverbed. The Justice Department has sided with the tribes’ position that the riverbed is owned by the federal government and held in trust by the Interior Department.

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“The question is not merely academic as the geographic area under the Riverbed is rich in oil and gas reserves,” Jackson noted.

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