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County of Charles Mix v. United States Department of the Interior; Larry Echo Hawk, In His

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Submitted: March 14, 2012

Before MURPHY and GRUENDER, Circuit Judges, and ROSS,*fn1 District Judge.

The Yankton Sioux Tribe requested that the Bureau of Indian Affairs (BIA) acquire 39 acres of land located in Charles Mix County, South Dakota in trust for the tribe pursuant to § 5 of the Indian Reorganization Act (the Act). The county and the state opposed this request. The BIA granted it, however, and that decision was affirmed by the Interior Board of Indian Appeals. The county then sued the United States Department of the Interior (the Secretary) in federal district court for injunctive and declaratory relief. It alleged that the acquisition of the land in trust was improper because § 5 of the Act is unconstitutional, the tribal committee which had requested the land be acquired in trust lacked the authority to do so, and the Secretary’s decision to acquire the land was arbitrary and capricious. Each side moved for summary judgment, which the district court*fn2 granted to the Secretary. The county appeals, and we affirm.

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