[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Notices]
[Pages 26551-26552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12608]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Land Status: Lower Brule Sioux Tribe
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice implements the decision of the Supreme Court in
remanding to the Department of the Interior the decision to acquire
land in trust for the Lower Brule Sioux Tribe of Indians. In remanding
the decision, the Supreme Court reopened the decision of the Secretary
to acquire the land in trust. Therefore, as of December 24, 1996, when
jurisdiction returned to the
[[Page 26552]]
Department of the Interior, the land described below is no longer held
in trust by the United States for the benefit of the Lower Brule Sioux
Tribe.
EFFECTIVE DATE: December 24, 1996.
FOR FURTHER INFORMATION CONTACT:
Mary Jane Sheppard, Staff Attorney, Office of the Solicitor, Division
of Indian Affairs, Room 6456, Main Interior Building, 1849 C Street,
NW., Washington, DC 20240, Telephone No. (202) 208-6260.
SUPPLEMENTARY INFORMATION: On October 15, 1996, the Supreme Court
remanded to the Secretary for reconsideration the decision to take land
into trust for the Lower Brule Tribe in South Dakota. The land in
question consists of three parcels in Lyman County, South Dakota: (1)
W2SW4 minus RD; Sec 13--T104N--R72W. Acres: 79.11; (2) PT. N2NE4NW4
minus 8.55 A RD & KIT ``A''; Sec 24--T104N--R72W. Acres: 7.85; (3) PT.
N2NW4NW4 minus 15.27 A: Sec 24--T104N--R72W. Acres: 4.73.
The Supreme Court held:
The petition for a writ of certiorari is granted. The judgment
is vacated and the case is remanded to the United States Court of
Appeals for the eighth Circuit with instructions to vacate the
judgment of the United States District Court for the District of
South Dakota and remand the matter to the Secretary of the Interior
for reconsideration of his administrative decision.
Department of the Interior v. South Dakota, 117 S.Ct. 286 (1996).
In its petition for certorari, the Government discussed its new
regulation (to be codified at 25 CFR 151.12(b); 61 FR 18082-83 (April
24, 1996)). That regulation provides an opportunity for judicial review
before land is taken into trust. In its petition, the Government
stated:
Vacatur of the district court's judgment and remand of the
matter to the Secretary for a new decision (which would in turn be
subject to judicial review under the APA [Administrative Procedure
Act] before title passed to the United States) would obviate any
need to consider that QTA [Quiet Title Act]/preclusion question.
(italics in original)
Petition at 26, n. 16.
Accordingly, the remand operates to take the land out of trust so
that judicial review under the APA may be available when the Secretary
makes a decision to accept or reject an application concerning the same
parcels of land.
Dated: May 8, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-12608 Filed 5-13-97; 8:45 am]
BILLING CODE 4310-02-M
