South Dakota v. Bourland
United States Supreme Court
508 U.S. 679 (1993)
- Written by Eric Miller, JD
Facts
The Fort Laramie Treaty of 1868 guaranteed the Cheyenne River Sioux Tribe (the tribe) (defendant) the right to absolute and undisturbed use of its tribal reservation lands. Pursuant to the Flood Control Act of 1944 and the Cheyenne River Act of 1954, the United States government purchased lands within the reservation for the purpose of a dam and reservoir project. This resulted in ownership of the purchased lands by nonmembers of the tribe. The tribe then sought to regulate the nonmembers’ hunting and fishing activities. The State of South Dakota (plaintiff) brought suit in federal district court to permanently enjoin this regulation. The court found in favor of the state. The federal court of appeals reversed in part, holding that the tribe retained the authority to regulate nonmembers’ hunting and fishing activities because the flood-control project had not been undertaken with the intent of undermining tribal self-government. The state petitioned the United States Supreme Court for certiorari, which was granted.
Rule of Law
Issue
Holding and Reasoning (Thomas, J.)
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