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B-186373 1 (1980-12-30)

handle is hein.gao/gaobaditl0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES VWASHINGTON, 0. C. 20548 FILE: B-186373 DATE: December 30, 1980 MATTER OF: Indian Grazing Privileges on the Garrison Dam Project DIGEST: Public Law 87-695, 76 Stat. 594 (1962), permits the Three Affiliated Tribes of the Fort Berthold Reservation to graze livestock without charge on the former Indian lands acquired by the United States in connection with the Garrison Dam project. This privilege is limited to lands which were actually acquired from Indians and does not extend to lands that were acquired from non-Indians. The Chief Counsel of the Army's Office of the Chief of Engineers has requested our opinion on whether Indian grazing rights at the Garrison Dam project extend to lands which were acquired from non-Indians as well as to lands acquired from Indians. The Flood Control Act of December 22, 1944, 58 Stat. 887, established a comprehensive plan for the improvement of the Missouri River Basin and authorized the Secretary of the Army to acquire all lands necessary for the project. Most of the needed land lay within Indian reservations, and these lands were acquired from a number of Indian tribes, under varying terms worked out in several different statutes. Generally, the tribes were granted permission to continue to graze stock on the land. However, grazing privileges were not granted to the Three Affiliated Tribes of the Fort Berthold Reservation when their land was ac- quired for the Garrison Dam project in 1949. Pub. L. No. 81-437, 63 Stat. 1026. This omission was corrected by Public Law 87-695 (September 25, 1962), 76 Stat. 594, which extended grazing privi- leges to the Three Affiliated Tribes. Not all of the project land which lay within reservations was owned by Indians. Some of the land was owned by non-Indians, who had acquired it from Indians through direct purchase, tax sales, etc. A question has arisen in connection with Indian grazing privileges as to whether the privilege is limited to land actually acquired from Indians or whether it extends to project lands within a reservation that were acquired from non-Indians.

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