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Jorjani’s opinion was scrapped in March 2021, after President Joe Biden took office. The state has argued it assumed ownership of the riverbed when North Dakota became a state in 1889, citing instances during which the U.S. Supreme Court has held that submerged lands were not reserved by the federal authorities. The Three Affiliated Tribes base their premise on three previous federal opinions courting again to the 1851 Treaty of Fort Laramie that confirms their ownership of the riverbed. Department of Interior is contrary to a May 2020 Trump administration opinion concluding that the state is authorized owner of submerged lands beneath the river the place it flows via the Fort Berthold Reservation.
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