Violation

Oahe Dam and Pick-Sloan: Standing Rock, Cheyenne River, Lower Brule and Crow Creek

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

Oahe Dam flooded Missouri River bottomlands on Sioux reservations; Congress paid the Cheyenne River Tribe under half of what it sought.

Treaty
Treaty of Fort Laramie (1868) and Great Sioux Reservation
Nations
Standing Rock Sioux, Cheyenne River Sioux, Lower Brule Sioux, Crow Creek Sioux
When
1944-1960s
Land affected
Riverbottom forests, towns, agricultural land and the Missouri riparian corridor.
Acreage
104,492 acres (Cheyenne River Sioux Tribe); more than 200,000 acres across Standing Rock and Cheyenne River per Wikipedia

What happened

The 1868 Fort Laramie Treaty set apart the Great Sioux Reservation "for the absolute and undisturbed use and occupation" of the Sioux nations. By the 1950s the reservations that came from it, including Cheyenne River, Standing Rock, Lower Brule and Crow Creek, lay along the Missouri River.

In the Flood Control Act of 1944, Congress approved the Pick-Sloan program of dams on the Missouri. A Senate report says that in 1948 the Army Corps of Engineers took possession of Cheyenne River Sioux Tribe land along the river and began building Oahe Dam. By the time it was dedicated in 1962, four reservation communities were flooded, 104,492 acres of tribal land were inundated, and 181 families (30% of the tribal population) had been forced to relocate. The tribe lost some 90% of its timber, and it received none of the flood control or low-cost power the program was designed to bring. Congress compensated the tribe in 1954. The tribe had requested $23.5 million; the law authorized $10.6 million. On average non-Indians received $49.22 per acre for agricultural land, and the tribe received $21.49.

Later Congresses acknowledged the shortfall and created trust funds: $149.2 million for Fort Berthold and $90.6 million for Standing Rock (1992), $27.5 million for Crow Creek (1996) and $39.3 million for Lower Brule (1997). This is about compensation, not a court finding that the dam breached the 1868 treaty. Public Law 106-511 (November 13, 2000) cites a Comptroller General determination of $290,723,000 as appropriate compensation for the Cheyenne River Sioux Tribe's land.

Good to know. No court has held that the dam breached the 1868 treaty; the treaty connection is this page's reading.

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

Well supported by the sources below.

  1. non-Indians received an average of $49.22 per acre for their agricultural lands, while the Tribe received only $21.49 per acreSenate Report 106-217, Cheyenne River Sioux Tribe Equitable Compensation Act (GovInfo)
  2. the acquisition by the Federal Government of 104,492 acres of land of the Tribe for the Oahe Dam and Reservoir projectPublic Law 106-511, Cheyenne River Sioux Tribe Equitable Compensation Act (Congress.gov)
  3. set apart for the absolute and undisturbed use and occupation of the Indians herein namedFort Laramie Treaty, 1868 (Avalon Project, Yale Law School)

Research notes. Correction to input: the Cheyenne River Act was enacted as Public Law 106-511 (Nov. 13, 2000), confirmed on Congress.gov; I cite the Comptroller General's $290,723,000 determination from the Act's findings, not an appropriated sum (the input's $290.7M 'principal' was from the 1999 report). The 'more than 200,000 acres on Standing Rock and Cheyenne River' figure is Wikipedia-only and omitted; Standing Rock, Lower Brule and Crow Creek acreage and communities moved were not verified here, only their trust funds (from the Senate report). The Senate report says the tribe asked for $23.5 million and the law (P.L. 83-776) authorized $10.6 million. The Senate report does not itself cite the 1868 treaty; the link to the treaty's 'undisturbed use' clause is mine, and I found no court holding that the dam breached it. The nations' own accounts were not consulted.

Treaty or agreementShapes from the 1899 federal record: approximate, not legal boundaries.

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Connections

These links were matched automatically by name or date and have not yet been reviewed by a person.

Nations named 4

Located in 2

Carried out through 1

Policy era 1

Concerns the instrument 1

Sources

  1. en.wikipedia.org/wiki/Standing_Rock_Sioux_Tribepointer
  2. govinfo.gov/content/pkg/STATUTE-58/pdf/STATUTE-58-Pg887.pdfprimary record
  3. govinfo.gov/content/pkg/CRPT-106srpt217/html/CRPT-106srpt217.htmprimary record
The record’s fields
What happened
Oahe Dam and Pick-Sloan: Standing Rock, Cheyenne River, Lower Brule and Crow Creek -- Under the Pick-Sloan program, Oahe Dam flooded more than 200,000 acres on the Standing Rock and Cheyenne River reservations (Wikipedia). For the Cheyenne River Sioux Tribe alone, Senate Report 106-217 states 104,492 acres of tribal land were acquired, four communities were flooded, 181 families (about 30% of the tribal population) were relocated and about 90% of the tribe's timber was lost. In 1954 the tribe asked for about $23.5 million; Congress authorized $10.6 million, and the report states non-Indian owners received $49.22 per acre against $21.49 for the tribe.
Legal aftermath
Later equitable compensation trust funds: Standing Rock $90.6M (Pub. L. 102-575, 1992); Fort Berthold $149.2M (same act); Crow Creek $27.5M (Pub. L. 104-223, 1996); Lower Brule $39.3M (Pub. L. 105-132, 1997); Cheyenne River bill S. 964 recommended in 1999 with $290.7M principal (enactment not confirmed in sources read).
Kind
Violation
Confidence
High
Nation review
Not yet reviewed by this nation
Notes
  • Some details not yet checked against a source
  • Some details unverified

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