United States DC Circuit

The Water Resources Development Act explicitly provides that federal cultural protection statutes continue to apply on transferred lands, thus an Indian tribe's challenge to the transfer alleging injury to rights under the protection statutes is dismissed for lack of standing.

Appellate Information

• Argued 03/17/2003
• Decided 06/17/2003
• Published 06/17/2003

Judges

• Before:  SENTELLE, HENDERSON and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Peter Capossela, pro hac vice, argued the cause for appellant.   With him on the briefs was Marcella Burgess Giles., Hans Walker was on the brief for amicus curiae The Three Affiliated Tribes of the Fort Berthold Reservation on behalf of appellant.


• For Appellees:
  
• Lisa E. Jones, Attorney, U.S. Department of Justice, argued the cause for federal appellees.   With her on the brief was Andrew C. Mergen., Mark Barnett, Attorney General of the State of South Dakota, and John P. Guhin, Deputy Attorney General, were on the brief for appellee State of South Dakota.