Violation

Garrison Dam (1946-1956): the Fort Berthold Reservation and the Mandan, Hidatsa and Arikara

Not yet reviewed by this nation. What follows comes from public records and research. It does not speak for the nation.

Congress took Fort Berthold land for Garrison Dam over the tribes' refusal; in 1992 it acknowledged the 1950s payment was unjust.

Treaty
Treaty of Fort Laramie (1851); Fort Berthold agreements (1866 and later)
Nations
Mandan, Hidatsa and Arikara (MHA Nation / Three Affiliated Tribes)
When
1944-1956
Land affected
Most of the tribes' bottomland, towns and agricultural base.
Acreage
about 155,000 acres acquired (1949 hearing figure)

What happened

According to Cultural Survival, the 1851 Fort Laramie Treaty designated 12,500,000 acres between the Yellowstone and Missouri rivers for the Mandan, Hidatsa and Arikara, and later government actions reduced this to 640,000 acres by 1910. The Fort Berthold Reservation along the Missouri held the three tribes' farms and towns.

Congress authorized the Garrison Dam in the Flood Control Act of 1944 (Public Law 78-534). The Buffalo Bill Center of the West quotes a 1945 tribal resolution calling the land "their inherent property from time immemorial." It says the dam would force some 349 families to relocate, and that at every hearing the Indian people "simply refused to sell their land." The government then said, "either sell your land or it will be condemned." In April 1949 a tribal delegation testified before a House committee that was considering buying 155,000 acres. Public Law 437 (1949), called the Taking Act, covered compensation for the land.

Cultural Survival quotes Tribal Chairman George Gillette, who said that "our Treaty of Fort Laramie...and our constitution are being torn to shreds by this contract." The Center of the West quotes Chairman Martin Cross in 1952 that the dam's gates were scheduled to close on July 1, 1953.

A Senate report says a federal advisory committee later concluded the 1950s compensation "was inadequate." It says Congress then enacted a law acknowledging that the United States "did not justly compensate" the tribes, and set up a $149.2 million trust fund for the Three Affiliated Tribes and a $90.6 million fund for Standing Rock.

Good to know. Whether the dam took land guaranteed by the 1851 treaty is one organization's reading; no court found a treaty breach. Sources give 349 or 300 families moved and 153,000 or 155,000 acres.

Summarized with AI assistance from 3 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Supported by the sources below; some details rest on one source.

  1. either sell your land or it will be condemned and you may receive even less than what is being offered.Points West Online: Mandan, Hidatsa, Arikara People and the Flood Control Act of 1944 (Buffalo Bill Center of the West)
  2. our Treaty of Fort Laramie...and our constitution are being torn to shreds by this contractThree Affiliated Tribes and the Garrison Dam (Cultural Survival)
  3. the compensation that was provided to the Tribes in the 1950's indeed was inadequateSenate Report 106-217, Cheyenne River Sioux Tribe Equitable Compensation Act (GovInfo)

Research notes. Whether the dam took land guaranteed by the 1851 treaty is Cultural Survival's reading; the 1866 Fort Berthold agreements were not opened and no court found a treaty breach in these sources. Lake Sakakawea size and the '95 percent land loss' were not found and are omitted. 155,000 acres is the acreage the House committee was considering; Cultural Survival gives 'more than 153,000 acres of flooded lands' and 300 families, the Center of the West 349 families. Public Law 437 (1949) is cited as the sources name it. The $149.2M and $90.6M funds are from the Senate report (P.L. 102-575 is the underlying law, not opened). The Mandan, Hidatsa and Arikara Nation's own accounts were not available.

Treaty or agreementTreaty under documented pressureShapes from the 1899 federal record: approximate, not legal boundaries.

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Connections

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Nations named 3

Carried out through 1

Located in 1

Policy era 1

Concerns the instrument 1

Sources

  1. govinfo.gov/content/pkg/STATUTE-58/pdf/STATUTE-58-Pg887.pdfprimary record
  2. en.wikipedia.org/wiki/Fort_Berthold_Indian_Reservationpointer
  3. govinfo.gov/content/pkg/CRPT-106srpt217/html/CRPT-106srpt217.htmprimary record
  4. centerofthewest.org/2014/06/15/points-west-online-mandan-hidatsa-arikara-people-flood-contunclassified
The record’s fields
What happened
Garrison Dam (1946-1956): the Fort Berthold Reservation and the Mandan, Hidatsa and Arikara -- The Flood Control Act of 1944 (Pub. L. 78-534, Dec. 22, 1944) authorized the Missouri River Basin program including Garrison Dam. Despite repeated tribal refusals to sell, Public Law 437 (1949, the 'Taking Act') provided for acquisition of about 155,000 acres of Fort Berthold land; tribal leaders cited the 1851 treaty and a 1945 tribal resolution declaring the land their 'inherent property from time immemorial.' About 349 families were relocated. The gates closed in June 1953; the Lake Sakakawea reservoir was completed in 1956 and covers about 263.8 sq mi, about one-sixth of the reservation's surface. One source states the tribes lost roughly 95% of their land (reservation 9 million acres in 1851 to about 600,000 before the dam, per the 1949 tribal chairman), the highest share among Missouri River tribes.
Legal aftermath
The 1992 Equitable Compensation Act (Pub. L. 102-575) created a trust fund of $149.2 million for Fort Berthold (and $90.6 million for Standing Rock). MHA Nation's own accounts should be foregrounded.
Kind
Violation
Confidence
Medium
Nation review
Not yet reviewed by this nation
Notes
  • Some details are disputed
  • Some details unverified

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