United States Eighth Circuit

A decision by the Department of the Interior to take certain land into trust for the Flandreau Santee Sioux Tribe is affirmed over state and county's claims that: 1) section 5 of the Indian Reorganization Act (IRA), is an unconstitutional delegation of power to the Department; 2) the Department acted outside of its statutory authority when it acquired the land at issue, as trust acquisition did not fit the requisite economic criteria; and 3) the land at issue does not constitute "Indian Country."

Appellate Information

• Decided 01/29/2007
• Published 01/29/2007

Judges

• SMITH, Circuit Judge., Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John P. Guhin, Asst. Atty. Gen., Pierre, SD, for appellant.


• For Appellees:
  
• Ryan D. Nelson, Judith Rabinowitz, Lisa E. Jones and William B. Lazarus, of Department of Justice, Washington, DC, for appellee.