United States Eighth Circuit
State of S. Dakota v. US Dep't of Interior, 06-1150
The Department of Interior's decision to take land into trust for the Flandreau Santee Sioux Tribe (FSST) is affirmed where: 1) Section 5 of the Indian Reorganization Act (IRA) is constitutional; 2) the Secretary possessed the statutory authority to acquire the land in trust for the FSST and acted within his discretion in acquiring the land in trust; and 3) the Secretary adequately "considered" potential jurisdictional and land use problems in deciding to take land into trust for the FSST.
Appellate Information
- Decided 06/01/2007
- Published 06/01/2007
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.