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LOWER BRULE SIOUX TRIBE OF S.D. v. UNITED STATES

No. 82-1749.

712 F.2d 349 (1983)

LOWER BRULE SIOUX TRIBE OF SOUTH DAKOTA, Appellant, v. UNITED STATES of America; Harold Brown, Secretary of Defense; Clifford Alexander, Secretary of the Army; Lt. Gen. John W. Morris, Chief Engineer, Department of the Army, Corps of Engineers, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 19, 1983.

Attorney(s) appearing for the Case

Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., Philip N. Hogen, U.S. Atty., Sioux Falls, S.D., David L. Zuercher, Asst. U.S. Atty., Pierre, S.D., Dirk D. Snel, Edward J. Shawaker, Dept. of Justice, Washington, D.C., for appellees.

R. Dennis Ickes of R. Dennis Ickes, P.C., Salt Lake City, Utah, and William J. Srstka, Jr., of Duncan, Olinger, Srstka, Lovald & Robbenholt, P.C., Pierre, S.D., for appellant.

Before HEANEY and FAGG, Circuit Judges, and MAGNUSON, District Judge.

MAGNUSON, District Judge.

The Lower Brule Sioux Tribe brought an action in the United States District Court for the District of South Dakota seeking a determination of its rights under the Act of October 3, 1962, Pub.L. No. 87-734, 76 Stat. 698 (1962) (hereinafter the Big Bend Act). The Tribe sought a declaration that the revestment provision of Section 1(b) of the Act required that the Secretary of the Army conduct a study to determine whether the Army Corps of Engineers...

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