Dalrymple to Attend Corps Meeting, Seeks Answers Regarding Proposed Lake-Area Land Transfer

Press Release

Gov. Jack Dalrymple will attend a public meeting Wednesday in Bismarck, where he plans to call on the U.S. Army Corps of Engineers (Corps) to answer long-standing questions and address public concerns regarding a proposed transfer of excess federal lands along Lake Sakakawea. The Governor said he will not support a land transfer that does not ensure continued, free public access.

"The Corps is making a critical mistake if it plans to move forward on the proposed land transfer without firm assurances that the public will retain free and unrestricted access to the land and water," Dalrymple said.

Corps and U.S. Department of the Interior officials signed a memorandum of agreement in May, 2015, which provides for the transfer about 30,000 acres of federal land along Lake Sakakawea to the Department of Interior to be held in trust for the Three Affiliated Tribes. For more than 30 years, the federal government has proposed transferring administrative jurisdiction of excess Corps lands once set aside for the Garrison Project.

"The Corps and Interior Department have proposed a land transfer for many years, and for many years we have been seeking answers regarding the future management of these lands if a transfer were to be finalized," Dalrymple said. "We have important questions about the public's ability to have free and unrestricted access to the land and the lake, and to this day our questions and concerns have not been answered completely."

Dalrymple said the federal transfer agreement falls woefully short of the details necessary to ensure that the public access currently available on the federal lands is maintained. He said important questions remain about access to lands used for crop production and livestock grazing; access to water for livestock, recreation and municipal uses; easement rights for public projects as well as access for hunting and other outdoor recreation. Additionally, many questions remain regarding vegetative management and wildlife management, he said.

Dalrymple said some unanswered questions that remain for the Corps include:
Will the transferred lands remain open to the public and will the public continue to have free access to the land and water?
The lands proposed for transfer have been open to hunting access with a valid state license since the Garrison Dam was built. State law requires a tribal license to hunt on Indian lands within the exterior boundary of the reservation. Does this mean those lands currently open to hunting with a state license will no longer be available for free access to the hunting public?
How would a land transfer impact the opportunity for livestock grazing?
How will noxious weeds, general vegetation and wildlife habitat be managed under the proposed land transfer?
How will the Corps determine the boundaries of the lands to be transferred?
How will the land transfer impact the issuance of dock permits, hunting and fishing licenses as well as land leases and other agreements?
What impact will the land transfer have on free public access to water for livestock, crops and municipal use?
How will the land transfer impact free public access to public recreation facilities and cabin sites?

The Governor said he has asked Attorney General Wayne Stenehjem to research options the state may have to guarantee that public access remains permanently free and unrestricted as part of a final land transfer. He has also asked Stenehjem to research whether the state has the authority to stop a land transfer that does not ensure public access and does not maintain current management practices.

Dalrymple will voice his concerns about the proposed land transfer during a public meeting hosted by the Corps and the Bureau of Indian Affairs (BIA). The meeting will be held Wednesday, beginning at 5p.m. at the North Dakota Heritage Center's Russell Reid Auditorium. The Corps and BIA will hold a second meeting about the proposed land transfer Thursday in New Town.

Dalrymple said maintaining free public access and current management practices also are priorities surrounding the potential transfer of excess Corps' lands along Lake Oahe.

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