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CITIZEN BAND POTAWATOMI INDIAN TRIBE OK v. COLLIER

No. 96-6219.

142 F.3d 1325 (1998)

CITIZEN BAND POTAWATOMI INDIAN TRIBE OF OKLAHOMA, Plaintiff-Appellee, v. L.W. COLLIER, in his official capacity as the area Director of the Anadarko Area Office of the Bureau of Indian Affairs, Department of the Interior, Defendant, and Absentee Shawnee Tribe of Oklahoma, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 5, 1998.

Attorney(s) appearing for the Case

F. Browning Pipestem (Dena L. Silliman, with him on the briefs), F. Browning Pipestem & Associates, Norman, OK, for Defendant-Appellant.

Michael Minnis (David McCullough, with him on the brief), Michael Minnis & Associates, P.C., Oklahoma City, OK, for Plaintiff-Appellee.

Before SEYMOUR, Chief Judge, LOGAN, Senior Circuit Judge, and MURPHY, Circuit Judge.

SEYMOUR, Chief Judge.

The Citizen Band Potawatomi Indian Tribe of Oklahoma (Potawatomi Tribe) brought this action against L.W. Collier, an area director for the Bureau of Indian Affairs (BIA), seeking a declaration that the BIA is required to obtain the Tribe's consent before placing into trust land within the boundaries of the former Potawatomi reservation. The lawsuit was precipitated when the Absentee Shawnee Tribe of Oklahoma (Absentee Shawnee

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