Eighth Circuit Decides Yankton Reservation Dispute

Matthew L.M. Fletcher

Here is the opinion in Yankton Sioux Tribe v. Podhrasky. Briefs are here. The holdings:

With respect to the judgment of the district court, we therefore:
(1) affirm insofar as it concluded that the agency trust lands, the outstanding
allotments, and the IRA trust lands are part of the Yankton Sioux Reservation
and are Indian country under § 1151(a),
(2) affirm its alternative holding that the miscellaneous trust lands constitute a
dependent Indian community and are Indian country under § 1151(b),
(3) vacate the district court’s holding that fee lands continuously held in Indian
ownership are reservation under § 1151(a), and
(4) affirm its denial of all other claims for relief.

With respect to the judgment of the district court, we therefore:

(1) affirm insofar as it concluded that the agency trust lands, the outstanding allotments, and the IRA trust lands are part of the Yankton Sioux Reservation and are Indian country under § 1151(a),

(2) affirm its alternative holding that the miscellaneous trust lands constitute a dependent Indian community and are Indian country under § 1151(b),

(3) vacate the district court’s holding that fee lands continuously held in Indian ownership are reservation under § 1151(a), and

(4) affirm its denial of all other claims for relief.

Expect a cert petition or request for en banc review from South Dakota.