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South Dakota, Petitioner v. Gregg Bourland, etc., et al.

Pays/Territoire
États-Unis d'Amérique
Type de cour
Nationale - cour supérieure
Date
Jui 14, 1993
Source
UNEP, InforMEA
Nom du tribunal
Supreme Court of the United States
Siège de la cour
Washington D.C.
Juge
Thomas
Rehnquist
White
Stevens
OConnor
Scalia
Kennedy
Blackmun
Souter
Numéro de référence
508 U.S. 679 (1993)
Langue
Anglais
Sujet
Environnement gén.
Mot clé
Droits de chasse Droit d'usage Populations autochtones
Résumé
This case dealt with the abrogation of the Treaty rights of an Indian Tribe to regulate non Indian hunting and fishing on lands taken by the United States. The Sioux had acquired absolute and undisturbed use and occupation of the Great Sioux Reservation under the Fort Laramie Treaty of 1868. The Flood Control Act of 1944 mandated that all water project lands be open for the general public’s use and recreational enjoyment. Subsequently, in the Cheyenne River Act, the Cheyenne River Sioux Tribe conveyed all interests in 104,420 acres of former trust lands to the United States for the Oahe Dam and Reservoir Project, but reserved the rights to hunt and fish to the Tribe. When the Tribe announced later on that it would no longer recognize state hunting licenses, the State filed this action against tribal officials, seeking to enjoin the Tribe from excluding non Indians from hunting on nontrust lands within the reservation. The Supreme Court reviewed the treaties and national regulation in question and held that Congress, in the Flood Control and Cheyenne River Acts, had abrogated the Tribe’s rights under the Fort Laramie Treaty to regulate non Indian hunting and fishing on lands taken by the United States for construction of the Oahe Dam and Reservoir. It was of the view that Congress had the power to abrogate Indians’ treaty rights, provided that its intent was clearly expressed. The Tribe’s original treaty right to exclude non Indians from reservation lands (implicit in its right of "absolute and undisturbed use and occupation"), was eliminated when Congress, pursuant to the Cheyenne River and Flood Control Acts, took the lands and opened them for the use of the general public.
Texte intégral
91-2051.ZO.html