Yankton Sioux Tribe, and Its Individual Members, United States of America, on Its Own Behalf and for the Benefit of the Yankton Sioux Tribe, Intervenor v. Matt Gaffey, States Attorney of Charles Mix County Herman Peters, Member of the Charles Mix, South Dakota,.counnty Commission Bruce Bakken,member of the Charles Mix, South Dakota, County Commission Jack Soulek, Member of the Charles Mix, South Dakota, County Commission, William Janklow, Governor of South Dakota Mark W. Barnett, Attorney General of South Dakota,defendants. Gary Beeson, Landowner City of Dante City of Geddes City of Lake Andes City of Pickstown City of Platte City of Ravinia City of Wagner Harvey P. Weisser, Doing Business as Weisser Oil Co., Inc., Individually, Amici on Behalf Of

Court of Appeals for the Eighth Circuit