Yankton Sioux Tribe v. Podhradsky, No. 08-1441

District court's ruling on remand involving status of Indian lands held in trust is affirmed in part and vacated in part where:  1) the court correctly concluded that the agency trust lands, the outstanding allotments, and the IRA trust lands are part of the Yankton Sioux Reservation and are Indian country under 18 U.S.C. section 1151(a); 2) the court's alternative holding that the miscellaneous trust lands constitute a dependent Indian community and are Indian country under section 1151(b) is affirmed; 3) court's holding that the fee lands continuously held in Indian ownership are reservation under section 1151(a) is vacated and; 4) the court's denial of all other claims for relief is affirmed.     

Read Yankton Sioux Tribe v. Podhradsky, No. 08-1441

Appellate Information

Submitted: March 11, 2009

Filed: August 25, 2009

Judges

Opinion by Murphy, Circuit Judge