Legal Opinion
Oglala Sioux Tribe of Pine Ridge Indian Reservation v. Hallett
District Court, D. South Dakota
Decided May 26, 1982No. Civ. No. 79-5118PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
DONALD J. PORTER, District Judge.
CASE SUMMARY
This case presents the question of whether an Indian tribe, such as plaintiff, can require that its approval be given before the United States Secretary of the Interior can grant a fee patent to trust land held by a member of the tribe. The Court finds that the decision of whether or not a fee patent may issue is a matter wholly within the Secretary’s discretion, and that a tribe may not hinder this decision by the creation of its own application process.
FACTUAL BACKGROUND
In 1976, defendant Tall, a member of the Oglala Sioux Tribe…
2Cases cited5 opinions
- McKart v. United StatesSupreme Court of the United States · 1969
- Aircraft & Diesel Equipment Corp. v. HirschSupreme Court of the United States · 1947
- Sampson v. AndrusDistrict Court, D. South Dakota · 1980
- Oahe Conservancy Sub-District v. AlexanderDistrict Court, D. South Dakota · 1980
- United States v. BruisedheadDistrict Court, D. Montana · 1966
3Cited by3 opinions
- Oglala Sioux Tribe of Pine Ridge Indian Reservation v. HallettCourt of Appeals for the Eighth Circuit · 1983
- Oglala Sioux Tribe of Pine Ridge Indian Reservation v. HallettCourt of Appeals for the Eighth Circuit · 1983
- OGLALA SIOUX TRIBE OF PINE RIDGE, ETC. v. HallettDistrict Court, D. South Dakota · 1982