———. Hearing with BIA Director Dillon Myer on Indian Attorneys and Per Capita Payments to Enrolled Members of Three Affiliated Tribes. 82nd Cong., 2nd sess., April 5, 1952.
———. Hearing on the Garrison Diversion Unit Reformulation Act of 1986. 99th Cong., 2nd sess., April 9, 1986.
———. Hearing on HR 7068: Provisions in Connection with the Construction of the Garrison Diversion Unit. 85th Cong., 1st. sess., October 30, 1957.
———. Hearing on Provisions in Connection with the Construction of the Garrison Diversion Unit. 86th Cong., 2nd sess., June 10, 1960.
———. Hearing on Provisions in Connection with the Construction of the Garrison Diversion Unit. 88th Cong., 2nd sess., February 20, 1964.
U.S. House Committee on Public Lands. Providing for the Ratification by Congress of a Contract for the Purchase of Certain Indian Lands. 81st Cong., 1st sess., May 9, 1949. H. Rept. 544.
U.S. House Subcommittee of the Committee on Indian Affairs. Congressional Investigation of Indian Bureau: Hearings on HR 166. 78th Cong., 1st sess., July 22 to August 8, 1944.
U.S. House Subcommittee on Water and Power Resources of the Committee on Interior and Insular Affairs. Hearings on the Final Recommendations of the Garrison Diversion Unit Commission. 99th Cong., 1st sess., February 28, 1985.
U.S. House Subcommittees on Indian Affairs of the Committee on Public Lands. Providing for the Ratification by Congress of a Contract for the Purchase of Certain Indian Lands Under HJ Res. 33.81st Cong., 1st sess., April 29-30, May 2-3, 1949.
U.S. Senate Committee on Appropriations. Hearing on War Department Civil Functions Appropriation Bill of 1948.80th Cong., 1st sess., July16, 1947.
U.S. Senate Committee on Indian Affairs. Hearings on Termination of Federal Trust Responsibility over Indian Lands, and HR 108.83rd Cong., 1st sess., July 18to August 1, 1953(Transcripts reprinted in The American Indian and the United States. Edited by Wilcomb E. Washburn. Smithsonian Institution. New York: Random House, 1973).
———. Missouri River Basin: Conservation, Control, and Use of Water Resources of the Missouri River Basin in Montana, Wyoming, Colorado, North Dakota, South Dakota, Nebraska, Kansas, Iowa, and Missouri, with Full Report by Secretary of the Interior Harold L. Ickes on Bureau of Reclamation Plan for Basin Development. 78th Cong., 2nd sess., May 5, 1944. S. Rept. 191.
———. Protesting the Construction of Garrison Dam: Hearing on SJ Res. 79 to Establish a Joint Committee to Study Claims of Indian Tribes and to Investigate the Administration of Indian Affairs. 79th Cong., 1st sess., October9, 1945.
———. Survey of Conditions Among the Indians of the United States. 78th Cong., 1st sess., June 11, 1943. S. Rept. 310.
U.S. Senate Committee on Interior and Insular Affairs. Hearing on S 1830 and 2424, and to Hear Claims to Mineral Rights by Three Affiliated Tribes of North Dakota. 82nd Cong., 2nd sess., April 9, 1952.
———. Presentation of Final Report of the Garrison Unit Joint Tribal Advisory Committee (JTAC). 100th Cong., 1st sess., November 19, 1987.
———. To Provide for the Return to the Former Owners of Certain Lands Acquired in Connection with the Garrison Dam Project of Mineral Interests in Such Lands: Hearing on S 536 and S 746. 84th Cong., 1st sess., March 28, 1955.
U.S. Senate Committee on Irrigation and Reclamation. Hearing to Establish a Missouri Valley Authority. 79th Cong., 1st sess., 1945. 109.
U.S. Senate and House. Joint hearing of the Senate Select Committee on Indian Affairs, the Senate Committee on Energy and Natural Resources, and the House Committee on Interior and Insular Affairs. Final Report and Recommendations of the Garrison Unit Joint Tribal Advisory Committee. 100th Cong., 1st sess., March30, 1987.
U.S. Senate Select Committee on Indian Affairs. Authorizing the Three Affiliated Tribes of Fort Berthold to File Claim for Damages in the Delay of Payment for Lands Claimed to Have Been Taken in Violation of the U.S. Constitution. 96th Cong., 2nd sess., June25,1980. S. Rept. 833.
———. Hearing on the Final Report of the Garrison Unit Joint Tribal Advisory Committee. 100th Cong., 1st sess., November 19, 1987.
———. Hearing on the Three Affiliated Tribes and Standing Rock Sioux Tribal Equitable Compensation Act of 1991.102nd Cong., 1st sess., April 12, 1991.
———. Implementing Recommendations of the Garrison Unit Joint Tribal Advisory Committee. 102ndCong., 1st sess., November 26, 1991. S. Rept.102-250.
———. Three Affiliated Tribes and Standing Rock Sioux Just Compensation Act. 100th Cong., 1st sess., March 30, 1987. S. Rept. 249.
U.S. Senate Subcommittee on Water and Power of the Committee on Energy and Natural Resources. Hearings in the Field to Ascertain the Impact of Garrison Dam and Lake Sakakawea on Local Communities. 101st Cong., 1st sess., August 25, 1989, October 9, 1989.
U.S. Weather Bureau. Kansas-Missouri Floods of June-July 1951. Technical paper no. 17. Washington, D.C.: GPO, 1952.
COURTS AND CASES
Arizona v. California, 373 U.S. 546 (1953).
Brendale v. Confederated Tribes and Bands of Yakima Indian Nation, 109 S. Ct. 2994, 3008 (1989).
Cherokee Nation v. Georgia, 31 U.S. 1 (1831).
Fletcher v. Peck, 11 U.S. 164 (1810).
Indian Claims Commission case, n. 350, “The Three Affiliated Tribes of the Fort Berthold Reservation v. The United States of America.” Filed with the ICC, November 7, 1952.
Johnson v. McIntosh, 21 U.S. 543 (1823).
Lone Wolf v. Hitchcock, 187 U.S. 553 (1903).
Oliphant v. Squamish Indian Tribe, 435 U.S. 191 (1984).
Oregon v. United States, 467 U.S. 1252 (1984).
Tee-Hit-Ton Indians v. United States, 358 U.S. 272 (1954).
Three Affiliated Tribes v. Wold Engineering, 476 U.S. 877. Alderson Reporting. Washington, D.C. (1986). Transcripts of oral arguments in the U.S. Supreme Court, March 24, 1986 (on file with author).
———, 463 U.S. 1248 (1983).
———, 476 U.S. 877 (1986).
United States v. Adair, 478 Fed. Supp. 336, Dist. of Oregon (1979).
United States v. Adair [also known as Adair II], Fed. Supp. 2nd 1273, Dist. Of Oregon (2002).
United States v. Adair II, 723 Fed. 2nd 1394, 9th Cir. Court of Appeals (1984).
Winters v. United States, 207 U.S. 364 (1908).
Worcester v. Georgia, 31U.S. 515 (1832).
Acknowledgments
And then at long last, in the final breath of gratitude to a book’s many midwives, we learn the name of the one person without whom the project “could not have happened.” In gratitude for her singular support, everything from hundreds of tuna fish sandwiches to the thousands of miles we ran together in the coastal mountains to “decompress” at the end of innumerable days, I’ll cheerfully break with tradition. Brenda Jean, my loving refuge and faithful beacon, belongs at the head of this parade, where I can accord her the same prominence she so selflessly conferred on this project from its conception. Words of thanks cannot redeem the gazillion sacrifices she made along the way, both large and small, nor begin to reward her unflinching dedication to its telling. There are angels among us.
Alas, the list of generous spirits who have contributed to the making of this book is long, and, by its finite nature, incomplete. As with most great adventures, it began with those teachers whose own imaginations were fired by the power of story. For this legacy I am indebted to Mrs. Hall and Professor Harry Fritz, the late K. Ross Toole, Craig Carlson, and Jean Fields, and to Robert McGiffert and Nathaniel Blumberg, paragons who taught a generation of journalists that courage is unwavering devotion in the pursuit of that which is true. I thank you.
Preparing to tell this story required schooling in parallel educations, particularly in federal Indian law. I am very grateful to Vine Deloria Jr. for orienting me to “the spiders at the center of this vast web.” Mr. Deloria joined Senator James Abourezk, Raymond Cross, General Emerson Murry, Professor Ron Manuto, and Chief Justice Gerald VandeWalle in bringing generosity, e
nthusiasm, and insights to this education that I will never be able to repay. I am also indebted to Indian law professors James Grijalva, Charles Wilkinson, Robert Williams, and David H. Getches for their invaluable insights and indispensable precursory work. My investigation was informed and advanced by dozens of generous Indian law experts, including John Echohawk at the Native American Rights Fund in Boulder, Colorado; Philip Key at the Bonneville Power Administration; Wes Martell of Martell and Associates at Fort Washikie; Leigh Price at the Environmental Protection Agency; Judith Espinosa of the attorney general’s office for the state of New Mexico; Liz Bell, counsel to Kevin Grover, former commissioner of the Bureau of Indian Affairs; Eric Eberhard of Dorsey and Whitney; Hans Walker and Lee Foley; and not last by any stretch, John Carter and Dan Decker, with the Confederated Salish and Kootenai Tribes, who have always been willing to share their experiences from the trenches. Many thanks go to Bud Ullman, NARF attorney for the Klamath tribe, for all those timely (and crucial) faxes.
The words of gratitude somehow seem manageable until I get to this spot, to Indian Country. How is it possible that a little boy born in Charlie Russell’s last house, Trail’s End, and who spent his childhood with the Aymara on the Altiplano of Bolivia and in Mexico City, would come to have so many good friends in Indian Country, from the Penobscot River in Maine to the Cahuilla of the Anza Valley? You have made me laugh and weep, and have enriched my life in ways for which there is no telling: Tom Goldtooth of the Indigenous Environmental Network; Christine Benally and Lori Goodman of Diné CARE; Ben Winton, Preston Singletary, and Verna Teller, former governor of the Isleta Pueblo tribe; Jim Welch; Northern Cheyenne attorney Gail Small, mother of four and Ms. magazine’s Woman of the Year; former EPA administrator Bill Yellowtail; Karl Humphrey, Steve Lopez, Christine Hansen, Steve Dodge, Arnie Charging, the late Walt Bressette, the Old Elk clan, Louise Holding Eagle, Neshune Heredia, Rose and Jim Main, Marie Wells, Ed Lone Fight, Luther Grinnell, Bradley Angel, Andrea Carmen, Janine Pease, Fred Baker, Jesus O’Suna, Charles and Clarise Hudson, Jim Bear, Early Tulley, Paul De Main, Leslie Logan, Calvin Grinnell, Dr. Monica Mayer, Sherry Meddick, and Julene Woods, and Tiny Man Heavy Runner. Your invaluable contributions are all over these pages.
With the generous help of Alyce Spotted Bear, Ike Livermore, Ann Zorn, Governor David Treen, and Marie Wells, the story of the Garrison Diversion Unit Commission came alive. Likewise, thanks for the accounts of the Joint Tribal Advisory Committee go to General Emerson Murry, Hans Walker, Lee Foley, and Marilyn Hudson. Also, blessings are sent to research librarians everywhere, particularly those who quietly go about their work at Oregon State University—Dave Johnson and Carrie Ottow; and at the North Dakota Heritage Center, where Susan Dingle worked on weekends bird-dogging semitrivial pursuits when I was a thousand miles away canoeing in the Cascades. Also, a heap of gratitude to Pam Musland at the North Dakota Farmers Union and to Professor W. Raymond Wood, both of whom were so helpful in directing me to primary source material.
Everett Albers, director of the North Dakota Humanities Council, Dr. Herbert Wilson, and Roger Johnson, North Dakota’s commissioner of agriculture, all gave me important directions at various forks in the road, as did Ted Quanrud and Ken Rogers. Similarly, Scott Bosse, Kathy Krist, Wendy Wilson, and Charlie Rae honored me with their time and unique insights into the plight of the Columbia River salmon.
Once in the trenches, I could always look to special friends whose intangible contributions and steadfast support somehow held my doubts at bay when the sun went down. I am grateful for your ideas, insights, and suggestions, and for suffering through early drafts of this story before it had grown edges: John Byrne, Raymond Chavez, Melissa Hartley, Natasha Kern, Evalyn Lee, John Nichols, Ronna Pomeroy, and my very own Merlins, David Bella and Blake Rodman, whose tuning forks were faultless, and whose capacity for worry so often spared me the burden; and Paul Lynn and Douglas Sandage, whose loyalty across decades has been a light in the forest. The contributions of my agent, Joe Vallely, and publisher, Michael Pietsch, were indispensable from beginning to end, as were the contributions of Deborah Baker, my tireless editor at Little, Brown, whose exacting commitment to this family and their story never wavered, despite the length of the trail and the height of the mountain. While we were busy discerning that trail, Allison Markin Powell lent us both her certain ear and her steady voice, and on numerous occasions kept both of us from tumbling off the earth. Then, in the nick of time, Reagan Arthur, Michael Mezzo, and Karen Landry caught us when we did.
To the grandchildren of Old Dog and Many Dances, Phyllis, Crusoe, Bucky, Marilyn, Michael, Uppy, Milton, Carol, and Raymond, I speak for many when I thank you for your courageous generosity, and your willingness to bring your private stories forward. You have pulled a bright thread through the tapestry of our nation’s story, one that will continue to remind generations to come that we are all immeasurably richer for the indomitability of the human spirit of America’s first citizens.
And finally, to my father and mother, Frank and Mary VanDevelder, who pored over every line of this book, and made invaluable contributions. Their unwavering devotion to decency, justice, and the invincible power of love never flickered in the storms. I was blessed to have been included on the remarkable journey they have made together.
About the Author
Paul VanDevelder has been an investigative reporter, photojournalist, and documentary filmmaker for more than twenty years. He has written extensively about the law and the role of natural resources in emergent twenty-first-century conflicts between competing cultures and political economies. His award-winning work has appeared in newspapers and magazines around the world, including the New York Times, Native Americas, National Geographic Traveler, Paris Match, Esquire, and the Seattle Times. He lives with his family in the Pacific Northwest. Drawn from a decade of research, this book is his first.
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