DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
061150P.pdf 06/01/2007 State of SD v. Dept. of Interior
U.S. Court of Appeals Case No: 06-1150
U.S. District Court for the District of South Dakota
[PUBLISHED] [Smith, Author, with Bowman and Colloton, Circuit
Judges]
Civil case - Indian law. Department of Interior's decision to take land
into trust for the Flandreau Santee Sioux Tribe affirmed; Section 5 of the
Indian Reorganization Act is constitutional; Secretary acted within his
authority in acquiring the land and he considered the relevant factors and
acted within his discretion in granting the Tribe's application; Secretary
adequately considered the factors under 25 C.F.R. Sec. 151.10(f) in
deciding jurisdictional and land use problems.
061150P.pdf 01/29/2007 State of SD v. Dept. of Interior
U.S. Court of Appeals Case No: 06-1150
U.S. District Court for the District of South Dakota
[PUBLISHED] [Smith, Author, with Bowman and Colloton, Circuit
Judges]
Civil case - Indian law. The Secretary of the Interior did not err in
granting the Flandreau Santee Sioux Tribe's application to take into trust
310 acres the Tribe had purchased; in making the decision, the Secretary
was acting within his authority and considered all of the relevant factors
(including the need for the Tribe to be self-supporting and the economic
benefit acquisition of the land would give the Tribe) in making the
decision; given Congress's broad definition of the phrase "Indian
Country," the district court did not err in determining that the land taken
into trust for the Tribe constituted "Indian Country."