Yankton Sioux Tribe v. United States Army Corps of Engineers

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

After the Court allowed the Plaintiff Yankton Sioux Tribe (“the Tribe”) to file a Second Amended Complaint, Defendants filed a joint Motion to Dismiss, Doc. 180. The motion has been fully briefed and will be decided based upon the written record.

BACKGROUND

The original Complaint in this action contained two distinct types of claims: one alleging violations of the Native American Graves Protection and Repatriation Act (“NAGPRA”), 25 U.S.C. § 3001 et seq., involving the inadvertent discovery of human remains; and one involving the transfer of…