Lower Brule Sioux Tribe v. United States

712 F.2d 349
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 19, 1983
DocketNo. 82-1749
StatusPublished
Cited by3 cases

This text of 712 F.2d 349 (Lower Brule Sioux Tribe v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lower Brule Sioux Tribe v. United States, 712 F.2d 349 (8th Cir. 1983).

Opinion

MAGNUSON, District Judge.

The Lower Brule Sioux Tribe brought an action in the United States District Court for the District of South Dakota seeking a determination of its rights under the Act of October 3,1962, Pub.L. No. 87-734, 76 Stat. 698 (1962) (hereinafter the Big Bend Act). The Tribe sought a declaration that the revestment provision of Section 1(b) of the Act required that the Secretary of the Army conduct a study to determine whether the Army Corps of Engineers had taken tribal lands for the Big Bend Dam and Reservoir in excess of project requirements. The Tribe also sought damages, claiming a loss of income as a consequence of the Secretary’s failure to revest land taken for allegedly unauthorized park and recreational uses.

[351]*351In Count II of its complaint, the Tribe sought a declaration that Section 10 of the Act entitled the Lower Brule Sioux Tribe to free grazing rights on all lands taken for the Big Bend Project, and not merely on former Tribal lands.

Both parties moved for summary judgment. The district court1 granted defendants’ motion for summary judgment on both counts. As to Count I, the court found that the filing of the Master Plan (Design Memorandum No. MB-16B (Feb. 1964)) satisfied the requirements of Section 1(b). The court further held that the two-year provision of Section 1(b) was intended as a limitation on the Secretary’s duty and authority to revest title. As to Count II, the court found that Section 10 of the Act clearly expressed a Congressional intent to grant free grazing rights only on those lands which had previously been trust lands of the Tribe. Although we find it unnecessary to rule on the two-year provision of Section 1(b), we are in substantial agreement with the interpretation and analysis of the district court, and we affirm on both counts.

FACTUAL BACKGROUND

By the Big Bend Act, Congress authorized the taking of 14,299.03 acres of land from the Lower Brule Sioux Reservation for the construction of the Big Bend Dam and Reservoir Project.2 The Big Bend Project is part of the larger Missouri River Basin Project, a comprehensive flood-control plan authorized by the Flood Control Act of 1944, Pub.L. No. 78-534,58 Stat. 887. The Big Bend Dam is the last of a series of dams built under the Missouri River Basin Project, and encompasses 45,000 acres of land and water stretching from Fort Thompson, South Dakota, to Pierre, South Dakota. The stated purposes of the Big Bend Act are to provide for the acquisition of and payment for tribal lands required for the dam and reservoir project, and for the rehabilitation, social and economic development of the members of the Lower Brule Sioux Tribe.

COUNT I THE REVESTMENT PROVISION OF THE ACT

Section 1(b) of the Act provides:
(b) Upon a determination by the Secretary of the Army, within two years from the date of enactment of this Act, filed among the appropriate land records of the Department of the Interior, that any of the lands described in this Act are not required for Big Ben Project purposes, title to such land shall be revested in the former owner.

The Tribe asserts that Section 1(b) requires that the Secretary of the Army make a detailed study, within two years of the enactment of Pub.L. 87-734, to determine whether lands were taken in excess of project purposes and to revest title to such lands in the Tribe. The Tribe further claims that since the Secretary has not made such a determination within two years, he remains under a continuing obligation to do so. The Tribe construes the two-year provision as merely a Congressional directive to the Secretary as to what constitutes a reasonable time for such action, and not as a limitation on his authority. Finally, the Tribe contends that the phrase “required for Project purposes” as used in 1(b) should be narrowly construed, thereby limiting the taking to land strictly necessary for the narrow purposes of construction, operation, and maintenance of the dam and reservoir.

The United States, however, contends that Section 1(b) authorizes the Secretary, in his discretion, to make revestments should he find that lands were taken in excess of project requirements. Moreover, the Government interprets the two-year provision of 1(b) as a limitation on the [352]*352Secretary’s duty and authority to revest land; thus, even if the Secretary wanted to revest land after the two-year period, such action would be an unconstitutional usurpation of Congressional authority.3 The United States further contends that while hydroelectric power production may have been the primary purpose of the Big Bend Project, the project shared the same broad purposes as the Flood Control Act under which it was authorized.

In ascertaining the Congressional intent behind Section 1(b), the district court properly relied on the principles of statutory interpretation set forth in Mattz v. Arnett, 412 U.S. 481, 505, 93 S.Ct. 2245, 2258, 37 L.Ed.2d 92 (1973). The court examined the language of the act, the legislative history, and the surrounding circumstances. Nonetheless, the Tribe asserts that the district court erred in its evaluation of the Big Bend Act by failing to take into account the special situation of the Lower Brule Sioux Tribe. The Tribe claims that because the Government had previously taken valuable river bottom lands from the Lower Brule Sioux for a flood control project,4 Congress intended to mitigate the effects of the Big Bend taking by affording special treatment to the Lower Brule Sioux in the Big Bend Act. We disagree.

When a statute affects Indian treaty rights, well-established rules of construction mandate that ambiguous expressions be resolved in favor of the Indians. Rosebud Sioux Tribe v. Kneip, 430 U.S. 584, 97 S.Ct. 1361, 51 L.Ed.2d 660 (1977); Bryan v. Itasca County, 426 U.S. 373, 96 S.Ct. 2102, 48 L.Ed.2d 710 (1976); Northern Cheyenne Tribe v. Hollowbreast, 425 U.S. 649,96 S.Ct. 1793, 48 L.Ed.2d 274 (1976). However, as the district court correctly noted, an examination of the legislative history and circumstances surrounding the enactment of a statute may reveal Congressional intent and resolve the ambiguity, obviating resort to these rules.

On its face, Section 1(b) is not so clear as to render either party’s interpretation unreasonable. However, an analysis of the legislative history of the Big Bend Act and the circumstances surrounding its enactment indicates that it is unlikely that Congress intended to require affirmative action by the Secretary. It appears that Congress intended to take only a minimal amount of land and did not contemplate that there would be excess land to be re-vested.

In a hearing before a Senate subcommittee, Colonel David G. Hammond, U.S. Army Corps of Engineers, was asked whether landowners might retain their land, leasing flowage easements to the Corps, while utilizing areas not inundated. Colonel Hammond testified that “under our current policy, our taking will include only a very narrow strip above the operating pool level ...

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