OGLALA SIOUX TRIBE OF PINE RIDGE, ETC. v. HALLETT

Civ. No. 79-5118.

540 F.Supp. 503 (1982)

The OGLALA SIOUX TRIBE OF the PINE RIDGE INDIAN RESERVATION, Plaintiff, v. William HALLETT, In His Official Capacity as Commissioner of Indian Affairs; Cecil D. Andrus, In His Official Capacity as Secretary of the Interior; Forrest Gerard, In His Official Capacity as Assistant Secretary of the Interior for Indian Affairs; William Benjamin, In His Official Capacity as Acting Area Director of the Bureau of Indian Affairs for the Aberdeen Area; Anthony Whirlwind Horse, In His Official Capacity as Superintendent of Pine Ridge Agency; the United States of America, and Richard Tall, Defendants, and Marilyn Walker, Intervenor.

United States District Court, D. South Dakota, W. D.

May 26, 1982.


Attorney(s) appearing for the Case

Mario Gonzalez, Pine Ridge, S. D., for plaintiff.

Philip N. Hogen, U. S. Atty., Sioux Falls, S. D., for Federal defendants.

Walter J. Bradsky, Rapid City, S. D., for defendant Richard Tall.

John T. Hughes, Morman, Smit, Shepard, Hughes & Wolsky, Sturgis, S. D., for intervenor Marilyn Walker.


MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

CASE SUMMARY

This case presents the question of whether an Indian tribe, such as plaintiff, can require that its approval be given before the United States Secretary of the Interior can grant a fee patent to trust land held by a member of the tribe. The Court finds that the decision of whether or not a fee patent may issue is a matter wholly within the Secretary's discretion, and that a tribe...

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