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SOUTH DAKOTA v. BOURLAND

No. 91-2051.

508 U.S. 679 (1993)

SOUTH DAKOTA v. BOURLAND, individually and as CHAIRMAN OF THE CHEYENNE RIVER SIOUX TRIBE, et al.

United States Supreme Court.

Decided June 14, 1993.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General of South Dakota, argued the cause for petitioner. With him on the briefs was John P. Guhin, Deputy Attorney General.

Brian Stuart Koukoutchos argued the cause for respondents. With him on the brief were Laurence H. Tribe, Mark C. Van Norman, Steven C. Emery, and Timothy W. Joranko.

James A. Feldman argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Acting Assistant Attorney General O'Meara, Edwin S. Kneedler, Edward J. Shawaker, David C. Shilton, and Thomas L. Sansonetti.*

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Stevens, O'Connor, Scalia, and Kennedy, JJ., joined. Blackmun, J., filed a dissenting opinion, in which Souter, J., joined, p. 698.

Justice Thomas, delivered the opinion of the Court.

In this case we consider whether the Cheyenne River Sioux Tribe may regulate hunting and fishing by non-Indians on lands and overlying waters located within the Tribe's reservation but acquired by the United States for the operation of the Oahe Dam and Reservoir.

I

In 1868, the Fort Laramie Treaty, 15 Stat. 635, established the Great Sioux Reservation,...

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