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SOUTH DAKOTA v. YANKTON SIOUX TRIBE

No. 96-1581.

522 U.S. 329 (1998)

118 S.Ct. 789

139 L.Ed.2d 773

SOUTH DAKOTA v. YANKTON SIOUX TRIBE et al.

Supreme Court of United States.

Decided January 26, 1998.

Attorney(s) appearing for the Case

Mark W. Barnett, Attorney General of South Dakota, argued the cause for petitioner. With him on the briefs was John Patrick Guhin, Deputy Attorney General. Kenneth W. Cotton filed a brief for the Southern Missouri Waste Management District, respondent under this Court's Rule 12.4, in support of petitioner.

James G. Abourezk argued the cause for respondent Yankton Sioux Tribe et al. With him on the brief were Bobbie J. Rasmusson, Michael H. Scarmon, and Paul Bender.

Barbara McDowell argued the cause for the United States as amicus curiae urging affirmance. With her on the brief were Acting Solicitor General Waxman, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, and Edward J. Shawaker.*

Justice O'Connor, delivered the opinion of the Court.

This case presents the question whether, in an 1894 statute that ratified an agreement for the sale of surplus tribal lands, Congress diminished the boundaries of the Yankton Sioux Reservation in South Dakota. The reservation was established pursuant to an 1858 Treaty between the United States and the Yankton Sioux Tribe. Subsequently, under the Indian General Allotment...

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