U.S. Rep. Kelly Armstrong (R-ND) and U.S. Sen. John Hoeven (R-ND) on March 30 sponsored bicameral legislation that would allow their home state of North Dakota to exchange land and minerals with the U.S. Department of the Interior and Native American Tribes.
“The commingling of federal, state, and tribal lands has long prevented North Dakota’s resources from being fully utilized,” Rep. Armstrong said. “Our bill gives the state of North Dakota and tribes more control over lands within their jurisdiction. This will reduce the amount of duplicative regulations and benefit people across our state.”
The North Dakota Trust Lands Completion Act of 2023, H.R. 2405/S. 1088, would authorize the state, acting through North Dakota Board of University and School Lands, to relinquish lands and minerals contained within tribal reservations, excluding sovereign lands and minerals, and select “in lieu thereof” equal-value federal minerals within North Dakota, according to a bill summary provided by the lawmakers.
“Within the tribal reservations, lands or minerals received by the Secretary [of the Interior] in these transactions would be held in trust on behalf of the tribes,” says the summary. “This would greatly assist in the completion of the lands and minerals for the reservations and would provide the tribes with greater ownership within their reservation boundaries.”
Currently, North Dakota holds more than 130,000 acres of minerals and over 31,000 surface acres within tribal reservations that are largely unavailable for development, according to the lawmakers’ joint statement, which adds that existing federal laws do not adequately allow for the state and federal government to exchange land and minerals, leaving surface and mineral rights within the tribal reservations fragmented and limiting the state’s ability to generate revenue from the land and minerals it owns.
“Our legislation will empower North Dakota to better utilize its mineral rights and develop the energy resources within the state, generating revenue for education and other important priorities,” Sen. Hoeven said. “As part of these equal-value exchanges, tribes will be able to regain the fragmented lands and minerals located within their reservations.”
North Dakota Trust Lands Commissioner Joseph Heringer endorsed the bill.