indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Dynamic Homes
Advertise on Indianz.Com
Home > News > Headlines

Printer friendly version
Appeals court debates S.D. land transfer
TUESDAY, MARCH 18, 2003

A federal appeals court gave a cool reception on Monday to a South Dakota tribe seeking to halt the transfer of culturally significant land along the Missouri River.

The Crow Creek Sioux Tribe opposes the transfer on the grounds that it will harm burial grounds and other important sites. But a three-judge panel of the D.C. Circuit Court of Appeals openly struggled with the complaint, noting that the parcels in dispute were already accepted by the state more than a year ago.

"We're having trouble understanding what the current harm is," said Judge David B. Sentelle.

Peter Capossela, an attorney for the tribe, argued that the land loses federal protections in the hands of the state. The tribe's repatriation and historic preservation rights are lessened under state control, he said.

"That state is out there on the ground," he told the court. "That's the difference."

The case stems from a federal law ushered through Congress in 1999 by Sen. Tom Daschle (D-S.D.) and backed by then-governor Bill Janklow (R), now a Congressman. Contained in an appropriations act, it mandates the transfer of up to 150,000 acres of land to the state and to the Lower Brule Sioux Tribe and the Cheyenne River Sioux Tribe.

At issue yesterday were 60 recreational sites whose deeds the state has accepted. A federal judge last year refused to enjoin the transfer, prompting the appeal to the D.C. Circuit.

Lisa Jones, a Department of Justice attorney representing the U.S. Army Corps of Engineers, said that action mooted the tribe's complaint. She told the court that no violations of the Native American Graves Repatriation Act (NAGPRA) or other historic preservation laws have been claimed.

"Unless there's been some allegation of a violation of those laws, the tribe has no standing," she argued.

Capossela pointed to a separate case where the state and the Corps have failed to protect burial grounds along the Missouri River. The Yankton Sioux Tribe scored a NAGPRA victory last year by preventing construction on a recreational site.

But the judges weren't convinced and said the deeds require the state to follow all applicable laws.

"How could Congress have been clearer?" asked Judge David S. Tatel.

The Rosebud Sioux Tribe of South Dakota and the Mandan, Hidatsa and Arikara Nation of North Dakota have intervened in the case. In addition to the burial site claims, the tribes allege the transfer violates their treaty rights.

The case is Crow Creek Tribe v. White., No. 02-5049. The defendant is Thomas White, the Secretary of the Army, which oversees the Army Corps.

Relevant Links:
Army Corps of Engineers, Omaha District - http://www.nwo.usace.army.mil

Related Stories:
Appeals court hears Sioux land transfer case (3/17)
Judge: S.D. tribe not consulted (7/1)
S.D. tribe pushes return of disputed remains (06/12)
Tribe opposes Missouri River land transfer (8/13)

Copyright © Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Olympic medalist visits Pine Ridge Reservation (9/12)
Bryan Brewer: Bill for Native language immersion a high priority (9/12)
Sen. Tester applauds approval of final Cobell settlement payout (9/12)
Kenneth Deer: UN meeting an opportunity for indigenous peoples (9/12)
Judge won't issue injunction in Pojoaque Pueblo compact dispute (9/12)
Ex-manager for Shingle Springs Band's casino told to pay $2.4M (9/12)
Briefs filed in lawsuit over United Keetoowah Band's gaming site (9/12)
Quapaw Tribe expands agricultural program at casino restaurant (9/12)
Judge approves motion to distribute Cobell settlement payment (9/11)
Native Sun News: Final Cobell payment might 'almost' be ready (9/11)
Mark Trahant: Affordable Care Act is worthy of debate in election (9/11)
Gyasi Ross: Support Quechan skate park and self-determination (9/11)
Disaster declared after Moapa Paiute Reservation hit by flooding (9/11)
Brian Pierson: Recent federal court decisions affecting Indian law (9/11)
Navajo Nation presidential candidate a target over fluency issue (9/11)
Northern Arapaho Tribe withdraws from joint Wind River council (9/11)
Editorial: Standing Rock Sioux Tribe trying to make budget work (9/11)
University of Utah creates scholarships for students of Ute Tribe (9/11)
Nez Perce Tribe seeks update to historic trail from 1877 journey (9/11)
Miccosukee Tribe seeks removal of judge in dispute with lawyers (9/11)
Jessica Carro: Native people treated like foreigners in Argentina (9/11)
Peru investigates murders of four prominent indigenous leaders (9/11)
SCIA sets hearing on bill to block Tohono O'odham Nation casino (9/11)
Forest County Potawatomi Tribe and state in compact arbitration (9/11)
Choctaw Nation reduces height of casino hotel amid FAA concern (9/11)
Seminole Tribe wins ruling over state taxation at gaming facilities (9/11)
Maine tribes hopeful for casino as lawmakers examine new study (9/11)
Editorial: Mohegan Tribe's gaming plan is right for Massachusetts (9/11)
Native Sun News: Tribes worried about Black Hills uranium mines (9/10)
Native Sun News: DOJ report highlights activity in Indian Country (9/10)
Mark Trahant: Native voters bring element of surprise in election (9/10)
Audio from Senate Indian Affairs Committee hearing on irrigation (9/10)
Audio: House Subcommittee on Indian and Alaska Native Affairs (9/10)
9th Circuit to broadcast arguments in Big Lagoon casino dispute (9/10)
Ruben Balderas: Tohono O'odham Nation casino breaks promise (9/10)
Jay Daniels: Return per cap if you oppose resource development (9/10)
Opinion: Decision signals shift on state taxation in Indian Country (9/10)
Julianne Jennings: Fear of witches and Indians in Massachusetts (9/10)
Cobell buy-back program includes base offer of $75 for interests (9/10)
Chippewa Cree Tribe only receives 4.5 percent of loan revenues (9/10)
Oglala Sioux Tribe stands behind police chief despite complaints (9/10)
Fort Sill Apache Tribe contributes $1500 to Democratic candidate (9/10)
Alabama AG vows to drop Indian gaming case if he loses decision (9/10)
Opinion: Menominee Nation off-reservation casino a win for state (9/10)
Mohegan Tribe spent $100M on New York commercial casino bid (9/10)
Blog: Many interests at stake for expansion of gaming in Florida (9/10)
Native Sun News: Native woman warrior honored at White House (9/9)
Barry Brandon: DOJ places a chokehold on tribal loan enterprises (9/9)
Steven Newcomb: Court describes Native activities as 'parasitic' (9/9)
Vince Two Eagles: Indian family seen as threat in urban Chicago (9/9)
Chippewa Cree Tribe was awarded $1.1M over payday loan deal (9/9)
Native woman competes for the top prize on 'The Biggest Loser' (9/9)
Moapa Paiute Tribe evacuates more than 100 due to flash floods (9/9)
Vice chairman from Nisqually Tribe appears in court in theft case (9/9)
North Dakota tribe holds primary for chairman and council seats (9/9)
Montana tribes receive $2M in grants for language preservation (9/9)
Opinion: Salt River Tribe must deal with growing gang problems (9/9)
Opinion: Cherokee Nation loses land to land grab a century ago (9/9)
Opinion: Caddo language word for 'friendly' gave name to Texas (9/9)
Opinion: NFL leader must go over handling of domestic violence (9/9)
Cherokee Nation to announce $80M retail development at casino (9/9)
Non-Indian gaming facility in New York is highest-grossing in US (9/9)
Don Marks: First Nations unfairly pushed to share casino revenue (9/9)
Shoshone-Bannock Tribes name manager for hotel next to casino (9/9)
Authorities investigate shooting by Poarch Creek casino entrance (9/9)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.