Sioux Tribe of Indians v. United States

14 Cl. Ct. 94, 1987 U.S. Claims LEXIS 233, 1987 WL 24271
CourtUnited States Court of Claims
DecidedDecember 17, 1987
DocketNo. 74
StatusPublished
Cited by17 cases

This text of 14 Cl. Ct. 94 (Sioux Tribe of Indians v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sioux Tribe of Indians v. United States, 14 Cl. Ct. 94, 1987 U.S. Claims LEXIS 233, 1987 WL 24271 (cc 1987).

Opinion

MEMORANDUM ORDER

YOCK, Judge.

Currently pending before this Court is a motion for relief from the judgment entered in this case on July 30, 1987. USCC Rule 60(b). The motion is filed by only two of the eight reservation tribes (Oglala Sioux Tribe and Rosebud Sioux Tribe) that comprise the plaintiff in this case, the Sioux Tribe of Indians. The two reservation tribes assert that the attorney(s) of record in this case had no authority to enter into a stipulation of facts, which, when approved by this Court, formed the basis for the Court to order the final judgment herein.

For the reasons discussed herein, the motion is denied and the judgment as issued will stand.

Factual Background

This case commenced in 1950 under the Indian Claims Commission Act of August 13, 1946, 60 Stat. 1049, 25 U.S.C. § 70 et seq. (1976), in the name of the land-owning, treaty-signing Sioux Tribe of Indians. The Sioux Tribe of Indians, the owner of the 1868 Treaty claim, has not existed as an entity since 1890. As permitted by the Indian Claims Commission Act (25 U.S.C. § 70i (1976)), suit was brought in a representative capacity on behalf of the Sioux Tribe of Indians by the eight present-day Sioux reservation tribes.1 After some 28 years of hotly contested litigation, the Indian Claims Commission ultimately entered an award of $43,949,700 in favor of the Sioux Tribe of Indians, free of all offsets.2 The Commission found that the Sioux Tribe of Indians had been paid an inadequate amount of money for the land it ceded to the United States under the 1868 Treaty. It also found that the Government could not claim any offsets against this award [96]*96due to a history of dishonorable dealings. Sioux Tribe v. United States, 42 Ind.Cl. Comm. 214, 232, 257 (1978).

The Government did not contest the liability award of some $44 million, but did appeal the decision to the United States Court of Claims solely oh the offsets issue. Upon reviewing the case on appeal, the Court of Claims reversed the Commission on the offsets issue, finding that it had failed to take into account the entire course of dealings between the Government and the Sioux Tribe since the 1868 Treaty was signed. United States v. Sioux Tribe, 222 Ct.Cl. 421, 616 F.2d 485 (1980). The court allowed the liability award of some $44 million to stand. Thus, that part of the Indian Claims Commission decision became final and the law of the case. See Temoak Band of Western Shoshone Indians v. United States, 219 Ct.Cl. 346, 353, 593 F.2d 994, 998, cert. denied, 444 U.S. 973, 100 S.Ct. 469, 62 L.Ed.2d 389 (1979). The Court of Claims thereafter remanded the case to its trial division (now the United States Claims Court) to determine the merits of the Government’s claim for offsets, both payments on the claim offsets, as well as gratuitous offsets. It concluded:

Since we conclude that the Commission erred in refusing to consider reducing the award by any payments on the claim or gratuitous offsets, the case must be remanded to the Trial Division to determine whether the award should be reduced. In so doing, we do not indicate any view on the application of particular payments to the cession of particular lands, or on the extent, if any, to which the award should be reduced. Those are matters for the trial judge to determine in the first instance. We hold only that the Commission erred in totally barring consideration of those items.

United States v. Sioux Tribe, supra, 222 Ct.Cl. at 433, 616 F.2d at 492 (1980).

Upon remand, this Court proceeded to dispose of major segments of the Government’s offset claim by issuing several summary judgment opinions. The theory was that if the Court would issue a series of essentially legal rulings, the scope of any trial on the offsets issue would be substantially reduced if not eliminated. At the very least, the rulings would provide a road map for the parties to stipulate to most, if not all, of the facts.

In Sioux Tribe of Indians v. United States, 6 Cl.Ct. 91 (1984) (Summary Judgment Opinion I), this Court held that the Government had the right to proceed to prove its payment on the claim offsets because the 1868 Treaty was in major part a treaty of cession as opposed to peace. The Court cautioned, however, that the Government must be realistic in its claims and not overstep the time limits that were specified in the Treaty. For instance, no offsets would be allowed where Government expenditures were made on behalf of the Sioux Tribe later than 30 years from the date the Treaty was signed. This 30-year period reflected the outside time limit established in the various treaty provisions. Further, it was pointed out that certain expenditures were even further restricted by the Treaty. Article VII of the Treaty, dealing with educational benefits, was specifically stated to continue “not less than 20 years.” Article IX allowed the Government to withdraw its support after 10 years. In addition to the time limits discussed, the Court also stated that no offsets would be allowed that could be considered to be agency expenses, nor would offsets relating to food, rations, and provisions be allowed. Thus, even though much of the Court’s discussion in Summary Judgment Opinion I (SJ I) was dicta, it did provide a useful road map to the parties as to how the Court would ultimately rule as to specific segments of the Government’s offset claim.

SJ I was followed by this Court’s decision in Sioux Tribe of Indians v. United States, 7 Cl.Ct. 468 (1985) (Summary Judgment Opinion II). In that decision, this Court held that the Government could not deduct any gratuitous offsets from the existing liability award because:

The entire course of dealings between the United States and the Sioux is marked, on the part of the Federal Government, primarily by broken promises, by the rapacious acquisition of land, [97]*97by the repeated sacrifice of Sioux rights to non-Indian interests, and by the oppression of Sioux society. The record, as a whole, and on balance, furnishes no justification for the allowance of gratuitous offsets to be applied against the plaintiffs land valuation award.

Sioux Tribe of Indians v. United States, supra, 7 Cl.Ct. at 481. Thus, after SJ I and II had been issued, the Government had been advised that it could no longer deduct any gratuitous offsets from the liability award, and that its payment on the claim offsets would be substantially reduced.

Next followed this Court’s decision in Sioux Tribe of Indians v. United States, 7 Cl.Ct. 481 (1985) (SJ III). In that decision, the Court held that the Government could deduct, as a payment on the claim offset, some $2.7 million from the existing liability award, as the value of the Ponca land that was inadvertently incorporated into the Great Sioux Reservation set up pursuant to the 1868 Treaty. This $2.7 million figure ultimately formed approximately three-fourths of the total offset figure allowed by this Court’s judgment of July 30, 1987.

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Bluebook (online)
14 Cl. Ct. 94, 1987 U.S. Claims LEXIS 233, 1987 WL 24271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sioux-tribe-of-indians-v-united-states-cc-1987.