Martin Cross
During the 1930s and 1940s, the federal government constructed dams across the South and West to provide flood control, irrigation, and rural electrification. Severe flooding along the Missouri River in 1943 prompted a massive project known as the Pick-Sloan Plan that extended from Montana to South Dakota. Tribal communities stood to lose the most and gain the least from the undertaking, but this did not stop the federal government from setting it in motion, using “eminent domain” as justification. Leaders of the Three Affiliated Tribes of the Fort Berthold Reservation argued that Pick-Sloan violated their rights under the 1851 Treaty of Fort Laramie.32 In this testimony, Martin Cross (1906–64), the Gros Ventre chairman of the Three Affiliated Tribes, attempted to convey the devastating impact it would have. Consider what this former commander of the Department of North Dakota’s All-Indian American Legion Post must have thought of the contradiction between what the United States fought for overseas and what his community was experiencing at home—and what gave the land its value.33
I am delegated here with three other men to voice the adverse disapproval of the construction of the proposed Garrison Dam. We wish to present evidence, testimony, and data in support, and substantiate our claim. Most of our reservation, the best irrigable land, and about 370 well-improved Indian homes will be in the flooded area. An unestimated amount of coal, timber, and wildlife will be destroyed. The United States Army Engineer Corps, with the assistance of the State Water Commission, seem to think that Garrison Dam is the logical point for the construction of a water reservoir.
Lieutenant Colonel Goodall, of the Omaha District Office of the United States Army Engineer Corps, seems to think that the Indian land in the flooded area can be acquired by eminent domain if necessary. We question the legality of this process, on the ground that the treaty law between the United States Government and the Indians is binding and not subject to eminent domain.
Since I have no legal talent, I must rely on other authority to interpret this legal point. I want to raise that question to be considered, but I want to come out openly against the construction of the Garrison Dam, not only from the legal standpoint, but from the destructiveness and the set-back of our Indian people. I believe that this group of men composing this honorable body are adamant foes of abuse and, being such, that they will not permit the Army engineers to carry out their program, their plan. And I want to have the Indian Department interpret the legal point of the treaty between the tribes and the Government. . . .
Mr. Chairman.34 What is the character of the land which would be taken?
Mr. Cross. That would be the best land we have, along the river, the best irrigable land, and our homes are situated along this Valley.
Mr. Chairman. You say that the homes of the Indians are now built upon the land that would be flooded? . . . How many homes are there?
Mr. Cross. Well, there are . . . about 531 homes. Out of these, about 436 would be in the flooded area. . . .
The Chairman. Well, then, what you are saying is that three-fourths of the homes of the Affiliated Tribes would be flooded? . . . And you would have to move off and take up your homes somewhere else?
Mr. Cross. That is right.
The Chairman. These Indians raise agricultural crops? . . . What kind of crops?
Mr. Cross. They raised spring wheat, they raise oats, corn, and a few potatoes, and a little alfalfa. . . .
The Chairman. And of the agricultural land, two-thirds would be taken if the dam were built? . . . Would the Indians be willing to exchange that land for other land, if other land were available?
Mr. Cross. No, sir.
The Chairman. No, you say?
Mr. Cross. No, sir.
The Chairman. Is there any other land available?
Mr. Cross. The War Department has proposed a relocation area north of Killdeer in the Badlands. . . .
The Chairman. You call that the Bad Lands.
Mr. Cross. That is the Badlands. That is right close to the Montana line. I was a member of the delegation that viewed this territory. We do not want it.
Senator Moore.35 Is it rough and poor land?
Mr. Cross. Rough and poor land. It is mostly breaks, and good country for rattlesnakes and horned toads.
The Chairman. It is not good country for Indians?
Mr. Cross. That is right.
The Chairman. Well, what is the value of this land per acre; have you any idea?
Mr. Cross. In the relocation area?
The Chairman. No, no.
Mr. Cross. Our own?
The Chairman. Yes.
Mr. Cross. I was not permitted to tell that. I would say around $150. That is my personal opinion.
The Chairman. You say you are not permitted to tell it?
Mr. Cross. No, sir. . . . We are not here on the question of selling our land. We want to keep it. . . .
Senator Langer.36 It is not for sale at all?
Mr. Cross. That is right. I am not here to sell land. I am here to keep the land. . . . And I also would like to report that the Indians will not gain any benefit from this dam. There is no possibility for us other than destructive. There are no benefits to be derived from this dam.37