In 2013 our State Legislature proposed Bill 1338:
02000
Sixty-third
Legislative Assembly
of North Dakota
Introduced by
Representatives Brandenburg, Froseth, Heller, Kasper, Kreidt, Kretschmar, Rohr, Schmidt, Onstad
Senators Schaible, Unruh, Warner
A BILL for an Act to provide for the return of certain property managed by the United States
army corp of engineers to the neighboring landowners.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1.
Return of land to landowners.
The governor shall negotiate with representatives of the United States army corps of
engineers for the return of excess lands around Lake Sakakawea above elevation 1,854 feet
[565.01 meters] mean sea level and excess lands around Lake Oahe above 1,617 feet [492.86
meters] mean sea level to the neighboring landowners. The governor shall report on the status
of negotiations to the budget section of the legislative management by December 31, 2014.
Amended version:
REPORT TO
LEGISLATIVE MANAGEMENT.
During the 2013-14 interim, the board of university and school lands
shall study options to address the concerns of landowners adjacent to land under the control of the
United States army corps of engineers surrounding Lake Sakakawea and Lake Oahe. The study must
include consideration of control of noxious weeds, protecting public access for hunting and fishing, the
costs of possible transition of land from the United States army corps of engineers, and the costs
associated with maintaining any property that may become a responsibility of the state. The study must
also include consideration of the interests of North Dakota Indian tribes. The board may establish a task
force consisting of landowners, hunting and fishing organizations, the game and fish department, the
parks and recreation department, the North Dakota national guard, and other parties that utilize the land
for access. Before October 1, 2014, the board shall provide to the legislative management a report on
the outcome of this study.
Does anyone have that report? Guywhofishes mentioned Friends of Lake Sakakawea. Their take on the issue:
http://www.lakesakakawea.com/activities/minutes/
Lance Gaebe of the ND Land Department spoke about HB 1338, “excess land study.” He explained that the bill gave the land board the right to study the land adjoining Lake Sakakawea. Fiscal note attached to the bill was $50,000. He said the study is to identify concerns, to identify solutions and list the steps to reach those solutions. He said there will be a meeting June 11 in Bismarck. He assured that there was no predetermined outcome. Fleck and Denning Gackle pointed out to Gaebe that there was a bill sponsor and legislator who lobbied at the survey for his position. Gunsch said he will be interested to hear the results because he had some concerns about the survey. Fleck said there are a lot of people who will be disappointed when they find out there is no way that their land will be returned to them.
Jeb Williams explained that there is no land that is considered to be “excess land” based on the 2011 flood