With the Biden administration in power, the Interior Department has now formally reversed a controversial Trump administration conclusion that a certain portion of the Missouri River is under the authority of North Dakota officials rather than local Native Americans. The waterway portion in question is within the Berthold Indian Reservation, where the the Mandan, Hidatsa and Arikara Nation resides, and the Trump administration favored state authorities in a fight over mineral resources in the river.
As summarized in an article published by the Nossaman LLP law firm, so-called “M-Opinions” like the one that the Trump administration issued in favor of North Dakota state authorities “carry substantial weight in how [the Department of the Interior] applies and enforces the various wildlife laws under its purview.” An Interior Department spokesperson said as follows regarding the reversal of the Trump administration’s M-Opinion regarding the Missouri River rights:
‘The previous administration’s M-Opinion overturned decades of existing precedent holding that the Missouri riverbed belonged to the Mandan, Hidatsa, and Arikara (MHA) Nation. Today’s action will allow us to review the matter and ensure the Interior Department is upholding its trust and treaty obligations in accordance with the law.’
The department announced the move shortly after the confirmation of Deb Haaland as Interior Secretary. (She’s the first Native American to hold the position.) The Trump administration opinion against the rights of local Native Americans is being contested in a court challenge in the District Court for the District of Columbia, but the court halted the proceedings, allowing for an opportunity for a federal review of the original move in question.
National Council of American Indians president Fawn Sharp weighed in on the issue last July, issuing a statement including the following:
‘The MHA Nation’s rights to the Missouri River riverbed minerals have been reaffirmed through a history of longstanding, well-settled, and still applicable legal precedents, and there should be no question as to the validity of the Nation’s claims. We cannot reiterate strongly enough that consultation with tribal nations and upholding treaty obligations is not optional. It is mandatory.’
The Biden administration has already moved to undo Trump’s legacy in some key federal policy areas. When first assuming power, Biden’s team halted the implementation of federal regulations that were pending from the Trump era but hadn’t yet been formally enacted. More specifically, they’ve also moved to undo Trump immigration policies like the Remain in Mexico program that made asylum-seekers wait in Mexico while their claims were processed in the U.S.
