south dakota yankton sioux tribe argued december decided january case tribal federal state officials disagree environmental regulations applicable solid waste disposal facility lies unallotted fee land falls within reservation original boundaries tribe federal government contend site remains part reservation therefore subject federal environmental regulations petitioner state maintains divestiture indian property effected diminishment tribe territory ceded lands longer constitute indian country state primary jurisdiction district declined enjoin construction landfill granted tribe declaratory judgment act alter reservation boundaries consequently waste site lies within indian reservation federal environmental regulations apply eighth circuit affirmed held act operative language circumstances surrounding passage demonstrate congress intended diminish yankton reservation pp acquired primary jurisdiction unallotted opened lands applicable surplus land act freed lands reservation status thereby diminished reservation boundaries solem bartlett entire opened area remained indian country act simply offered opportunity purchase land within established reservation boundaries touchstone determine whether given statute diminished retained reservation boundaries congressional purpose see rosebud sioux tribe kneip congress intent alter indian treaty terms diminishing reservation must clear plain dion probative evidence congressional intent statutory language also consider historical context surrounding act passage lesser extent subsequent treatment area question pattern settlement hagen utah ambiguities must resolved favor indians lightly find diminishment ibid pp plain language act evinces congressional intent diminish reservation article cession tribe cede sell relinquish convey claim right title interest unallotted lands article ii sum certain pledges fixed payment precisely suited terminating reservation status see decoteau district county tenth judicial indeed surplus land act contains explicit cession language evidencing present total surrender tribal interests provision payment representing unconditional commitment congress compensate indian tribe opened land nearly conclusive almost insurmountable presumption diminishment arises see solem supra see also hagen supra pp rejects tribe argument act saving clause purported conserve treaty existing reservation boundaries maintained literal construc tion eviscerate agreement impugning entire sale rather seems likely parties inserted article xviii including general statement regarding force treaty particular provision ensuring yankton indians shall continue receive annuities treaty limited purpose assuaging tribe concerns entitlement annuities discussion annuities figured prominently negotiations led agreement mention made preservation boundaries pp neither act clause reserving sections township schools prohibition liquor within ceded lands supports tribe position agrees state school sections clause reinforces view congress intended extinguish reservation status unallotted land see rosebud supra see solem supra moreover reasonable inference inclusion liquor prohibition congress aware opened unallotted areas henceforth indian country alcohol already banned rosebud supra pp although act historical context area subsequent treatment compelling evidence standing alone indicate diminishment neither rebut almost insurmountable presumption arises statute plain terms manner government negotiated transaction tribe tenor legislative reports presented congress reveal contemporaneous understanding act modified reservation see solem supra legislative history adds little congress considered several surplus land sale agreements time relevant references floor debates support finding diminishment addition presidential proclamation opening lands settlement contains language indicating nation chief executive viewed reservation boundaries altered see rosebud supra pp despite apparent contemporaneous understanding act diminished reservation years since congress executive branch described reservation contradictory terms treated region inconsistent manner mixed record reveals dominant approach carries little force light strong textual contemporaneous evidence diminishment rosebud supra pp demographic factors also signify diminishment yankton population region promptly drastically declined act area remains predominantly populated nonindians surviving pockets indian allotments solem holding reinforced state assumption jurisdiction ceded territory almost immediately act lack evidence tribe attempted recently exercise jurisdiction nontrust lands finally yankton constitution drafted amended defines tribe territory include tribal lands within boundaries owned tribe pp conflicting understandings status reservation together fact tribe continues land common caution limit holding narrow question presented whether unallotted ceded lands severed reservation need determine whether congress disestablished reservation altogether order resolve case accordingly declines see hagen supra reversed remanded delivered opinion unanimous notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press south dakota petitioner yankton siouxtribe etal writ certiorari appeals eighth circuit january justice delivered opinion case presents question whether statute ratified agreement sale surplus tribal lands congress diminished boundaries yankton sioux reservation south dakota reservation established pursuant treaty yankton sioux tribe subsequently general allotment act act stat dawes act individual members tribe received allotments reservation land government negotiated tribe cession remaining unallotted lands issue confront illustrates jurisdictional quandaries wrought allotment policy must decide whether landfill constructed nonindian fee land falls within boundaries original yankton reservation remains subject federal environmental regulations divestiture indian property effected diminishment indian territory ceded lands longer constitute indian country defined state primary jurisdiction light operative language act circumstances surrounding passage hold congress intended diminish yankton reservation consequently waste site indian country outset century yankton sioux tribe held exclusive dominion million acres land des moines missouri rivers near boundary currently divides north south dakota hoover yankton sioux yanktons entered treaty renouncing claim million acres aboriginal lands plains treaty apr stat pursuant agreement tribe ceded lands owned possessed claimed wherever situated except four hundred thousand acres thereof situated described follows mouth chouteau river extending missouri river thirty miles thence due north point thence easterly point said chouteau river thence said river place beginning include said quantity four hundred thousand acres retained portion tribe lands located southeastern part charles mix county south dakota later surveyed determined encompass acres see letter commissioner indian affairs secretary interior reprinted exec doc hereinafter letter consideration cession lands release claims pledged protect yankton tribe quiet peaceable possession reservation agreed white person narrow exceptions permitted reside make settlement upon part reservation arts iv stat federal government promised pay tribe expend benefit members tribe million period appropriated additional aid tribe transition reservation purchase livestock agricultural implements construction houses schools buildings assistance forthcoming tribe experienced severe financial difficulties years followed compounded weather cycles drought devastating floods war broke sioux nation yankton tribe alone sided federal government decision isolated rest sioux federation caused severe inner turmoil well tribe difficulties coincided period rapid growth population increasing westward migration ensuing demands open indian holdings throughout western settlement response familiar forces decoteau district county tenth judicial congress retreated reservation concept began dismantle territories previously set aside permanent exclusive homes indian tribes see solem bartlett pressure homesteaders belief indians benefit private property ownership prompted passage dawes act stat dawes act permitted federal government allot tracts tribal land individual indians tribal consent open remaining holdings settlement within generation two thought tribes dissolve reservations disappear individual indians absorbed larger community white settlers see hearings house committee indian affairs statement otis history allotment policy respect yankton reservation particular members congress speculated close contact frugal moral industrious people settle reservation stimulate individual effort make tribe progress much rapid heretofore report senate committee indian affairs accordance dawes act member yankton tribe received tract existing reservation held trust years members tribe acquired parcels land throughout reservation although many allotments clustered southern part near missouri river allotting agent apportioned acres reservation land additional acres subsequently allotted act february stat small amount acreage reserved government religious purposes surplus amounted approximately acres unallotted lands see letter secretary interior dispatched threemember yankton indian commission greenwood south dakota negotiate acquisition surplus lands see act july stat appropriating funds enable secretary negotiate indians surrender portions respective reservations commissioners arrived reservation october informed tribe sent great father discuss cession land members tribe hold common council yankton indians transcribed exec doc abruptly encountered opposition sale traditionalist tribal leaders see report yankton indian commission mar reprinted exec doc hereinafter report lengthy negotiations followed members tribe raised concerns suggested price per acre preservation annuities treaty outstanding claims discuss future boundaries reservation commissioners garnered measure support sale unallotted lands submitted proposed agreement tribe article agreement provided tribe cede sell relinquish convey unallotted lands reservation pursuant article ii agreed compensate tribe single payment amounted per acre much agreement focused payment disposition sum article vii provided signatories adult male members tribe receive gold piece commemorate agreement members tribe also sought unpaid wages service scouts sioux war article xv recognized claim saving clause article xviii core current disagreement parties case stated nothing agreement terms shall construed abrogate treaty provisions said treaty shall full force effect though agreement made march commissioners collected signatures male members tribe eligible vote thus obtained requisite majority endorsement yankton indian commission filed report may congressional consideration delayed investigation allegations fraud procurement signatures august congress finally ratified agreement together similar surplus land sale agreements siletz nez perce tribes act stat act incorporated agreement entirety appropriated necessary funds compensate tribe ceded lands satisfy claims scout pay award commemorative gold pieces congress also prescribed punishment violating liquor prohibition included agreement reserved certain sections township purposes ibid president cleveland issued proclamation opening ceded lands settlement may nonindians rapidly acquired turn century percent unallotted tracts settled see yankton sioux tribe cl majority individual allotments granted members tribe also subsequently conveyed fee members today total indian holdings region consist approximately acres allotted land acres tribal land indian reservations state federal handbook although formally repudiated passage indian reorganization act stat policy favoring assimilation indian tribes allotment reservation land left behind lasting legacy conflict modernday approach tribal assimilation impetus allotment era engendered spate jurisdictional disputes state federal officials sovereign authority lands opened surplus land acts since passed indian ownership solem confront dispute instant case tribal federal state officials disagree environmental regulations applicable proposed waste site february several south dakota counties formed southern missouri recycling waste management district purpose constructing municipal solid waste disposal facility waste district acquired site landfill falls within boundaries yankton sioux reservation fee nonindian predicate parties claims case waste site lies land ceded act record supports assumption tribe complaint proposed landfill described south north section township north range west fifth principal meridan sic charles mix county south dakota app description corresponds account tract land deeded lars langeland homestead act see app brief respondent southern missouri waste management district land allotted individual indians yankton reservation inalienable pursuant dawes act trust period tract acquired homesteader currently owned waste district must consist unallotted land ceded act dawes act amended burke act stat permitted issuance feesimple patents expiration trust period restrictions alienation remained place waste district sought state permit landfill yankton tribe intervened objected environmental grounds arguing proposed compacted clay liner inadequate prevent leakage administrative hearing december state board minerals environment granted solid waste permit finding south dakota regulations require installation synthetic composite liner tribe requested sixth judicial circuit affirmed board decision appeal taken state september tribe filed suit federal district district south dakota enjoin construction landfill waste district joined south dakota third party state defend jurisdiction grant permit tribe also sought declaratory judgment permit comport federal environmental protection agency epa regulations mandating installation composite liner landfill see cfr district held accordance decision south dakota bourland tribe assert regulatory jurisdiction activity fee lands furthermore tribe establish landfill compromise political integrity economic security health welfare tribe concluded tribe invoke inherent sovereignty exceptions montana accordingly declined enjoin landfill project decision tribe appeal district also determined however act diminish exterior boundaries reservation delineated treaty tribe consequently waste site lies within indian reservation federal environmental regulations apply appeal state divided panel appeals eighth circuit agreed congress intended act yankton sioux sell surplus lands government governmental authority relied primarily saving clause article xviii reasoning given unusually expansive language sections act read narrowly minimize conflict treaty concluded neither historical evidence demographic development area sustain finding diminishment granted certiorari resolve conflict decision appeals number decisions south dakota declaring reservation diminished reverse eighth circuit decision hold unallotted lands ceded result act retain reservation status ii acquired primary jurisdiction unallotted opened lands applicable surplus land act freed land reservation status thereby diminished reservation boundaries solem contrast surplus land act simply offered opportunity purchase land within established reservation boundaries entire opened area remained indian country touchstone determine whether given statute diminished retained ervation boundaries congressional purpose see rosebud sioux tribe kneip congress possesses plenary power indian affairs including power modify eliminate tribal rights see santa clara pueblo martinez accordingly congress alter terms indian treaty diminishing reservation celestine intent must clear plain dion must determine whether congress intended act modify reservation set aside yankton tribe treaty inquiry informed understanding turn century congress view distinction acquiring indian property assuming jurisdiction indian territory critical one part notion reservation status indian lands might coextensive tribal ownership unfamiliar solem part congress assumed reservation system fade time given expectation congress naturally failed meticulous clarifying whether particular piece legislation formally sliced certain parcel land one reservation ibid see also hagen blackmun dissenting result patina history placed allotment acts presented questions architects foreseen thus although probative evidence diminishment course statutory language used open indian lands held also consider historical context surrounding passage surplus land acts lesser extent subsequent treatment area question pattern settlement throughout inquiry resolve ambiguities favor indians lightly find diminishment ibid article act provides tribe cede sell relinquish convey claim right title interest unallotted lands within limits reservation pursuant article ii pledges fixed payment return cession sum certain language precisely suited terminating reservation status see decoteau indeed held surplus land act contains explicit language cession evidencing present total surrender tribal interests provision payment representing unconditional commitment congress compensate indian tribe opened land nearly conclusive almost insurmountable presumption diminishment arises solem supra see also hagen supra terms act parallel language found terminated lake traverse indian reservation decoteau supra decoteau act ratified negotiated agreement supported majority tribe moreover act construe clearly indicates diminishment surplus land act issue hagen concluded diminished reservation lands even though provided unallotted lands within said reservation shall restored public domain see act also readily distinguishable surplus land acts interpreted maintaining reservation boundaries seymour superintendent state penitentiary mattz arnett held acts declaring surplus land subject settle ment entry purchase without evince congressional intent diminish reservations likewise solem read phrase authorizing secretary interior sell dispose surplus lands belonging cheyenne river sioux language cession see contrast act issue negotiated agreement providing total surrender tribal claims exchange fixed hallmarks congressional intent diminish reservation yankton tribe appearing amicus tribe rest argument diminishment primarily saving clause article xviii act tribe asserts clause purported conserve provisions treaty existing reservation boundaries maintained urges similarly holistic construction agreement presume parties intended modify treaty insofar necessary open surplus lands settlement without fundamentally altering treaty terms literal construction saving clause south dakota noted state greger impugn entire sale unconditional relinquishment tribe territory settlement homesteaders means reconciled central provisions treaty recognized reservation tribe permanent home prohibited white settlement see oregon dept fish wildlife klamath tribe discounting saving clause basis glaring inconsistency original treaty subsequent agreement moreover government contention tribe intended cede property maintain entire reservation territory contradicts common understanding time tribal ownership critical component reservation status see solem supra ignore plain language viewed historical context given fair appraisal clearly runs counter tribe late claims klamath supra internal quotation marks citation omitted rather read saving clause manner eviscerates agreement appears give sensible construction avoids absurd conclusion see granderson internal quotation marks omitted plausible interpretation article xviii revolves around annuities form cash guns ammunition food clothing tribe receive exchange aboriginal claims years treaty along proposed sale price annuities unrealized yankton claims dominated negotiations commissioners tribe tribal historian testified district loss rations disastrous tribe app members tribe clearly perceived threat annuities particularly tense point negotiations tide seemed turn favor forces opposing sale commissioner john cole warned want understand absolutely dependent upon great father living let government send instructions agent cease issue rations let government instruct agent cease issue clothes let government instruct cease issue supplies let take away money run schools want know everything wearing eating gratuity take away throw people wholly upon responsibility take care result onefourth people live winter grass grows nourished dust balance noble tribe given tribe evident concern reaffirmance government obligations treaty commissioners tendency wield payments inducement sign agreement conclude saving clause pertains continuance annuities borders language article xviii specifically ensuring yankton indians shall continue receive annuities treaty underscores limited purpose scope saving clause true avoids interpreting statutes way renders words altogether redundant gustafson alloyd light fact record negotiations commissioners yankton tribe contains discussion preservation boundaries many references government failure fulfill earlier promises see council yankton indians transcribed exec doc seems likely parties inserted understood article xviii including general statement regarding force treaty particular provision payments continue specified therein assuage tribes concerns past claims future entitlements indeed apart pledge pay annuities hard identify provision treaty tribe might sought preserve plainly inconsistent expressly included act government points article xi treaty tribe agreed submit federal resolution matters dispute difficulty indians stat urges us extrapolate provision tribe implicitly retained jurisdiction internal matters apply standard canon indian law nce powers tribal indian rights shown exist treaty otherwise later federal action might arguably abridge construed narrowly favor retaining indian rights cohen handbook federal indian law hereinafter cohen treaty reference tribal authority indirect best persuade us view saving clause agreement maintain exclusive tribal governance within original reservation boundaries tribe contends article xviii affirms treaty govern though agreement made without reference consistency agreements force standard saving clause language saving clause indeed unusual think meaningfully distinct saving clauses failed move find preexisting treaties remain effect comparable circumstances see klamath montana rosebud marshall dissenting furthermore commonplace statutory construction specific cession sum certain language articles ii governs general terms saving clause see morales trans world airlines finally tribe argues minimum saving clause renders statute equivocal confronted ambiguity must adopt reading favors tribe see carpenter shaw principle according ambiguities resolved benefit indian tribes however license disregard clear expressions tribal congressional intent decoteau see also south carolina catawba tribe previous decisions recognized precise cession sum certain language contained act plainly indicates diminishment reasonable interpretation saving clause conflict like conclusion case state tribe seek support respective positions two provisions act clause reserving sections township schools prohibition liquor within ceded lands upon ratification congress added sixteenth sections congressional township shall reserved purposes subject laws state south dakota stat school sections clause parallels enabling act admitting south dakota union grants state sections every township support common schools expressly exempts reservation land reservation shall extinguished lands restored public domain act stat considering similar provision included act ceding rosebud sioux reservation south dakota discerned congressional intent diminish reservation thereby making sections available disposition state south dakota sections rosebud tribe argues clause act specifying application state law superfluous congress intended diminish reservation stated decoteau however natural inference state law govern manner sections employed common school purposes implies nothing presence absence state civil criminal jurisdiction remainder ceded lands although agree state school sections clause reinforces view congress intended extinguish reservation status unallotted land somewhat contradictory provision counsels finding reservation terminated article vii act reserved sale surplus lands may occupied agency schools purposes solem noted respect virtually identical language difficult imagine congress reserved lands purposes anticipate opened area remain part reservation state position persuasively supported liquor prohibition included article xvii agreement provision prohibits sale offering intoxicating liquors lands agreement ceded sold lands within comprising reservations yankton sioux dakota indians described treaty stat thus signaling jurisdictional distinction reservation ceded land commissioners report recommends congress fix penalty violation provision make effective preventing introduction intoxicants within limits reservation report read suggest ceded lands remained part reservation conclude however reasonable inference inclusion provision congress aware opened unallotted ar eas henceforth country rosebud supra congress already enacted laws prohibiting alcohol indian reservations see cohen assume congress aware existing law passes legislation miles apex marine furthermore commissioner indian affairs described provision prohibiting sale disposition intoxicants upon lands within yankton reservation letter emphasis added indicating lands severed reservation upon ratification agreement perrin implied lands conveyed act lost reservation status construed article xvii applying ceded lands formerly included yankton sioux indian reservation reaffirm terms act including explicit language cession surrounding provisions attest congress intent diminish yankton reservation iii although perceive congressional intent diminish reservation plain statutory language also take note contemporary historical context subsequent congressional administrative references reservation demographic trends even absence clear expression congressional purpose text surplus land act unequivocal evidence derived surrounding circumstances may support conclusion reservation diminished see solem case although context act compelling standing alone indicate diminishment neither rebut almost insurmountable presumption arises statute plain terms manner transaction negotiated yankton tribe tenor legislative reports presented congress reveal contemporaneous understanding proposed legislation modified reservation commissioner indian affairs appointed yankton commission charged members negotiate tribe cession surplus lands noted funds exchanged relinquishment lands provide future income tribe instructions yankton indian commission july reprinted app negotiations confirm understanding surrendering interest unallotted lands tribe alter reservation character commissioner adams informed members tribe surplus lands sold great father tribe assist making laws govern members tribe citizens state nation council yankton indians transcribed exec doc terms strongly suggest reconception reservation commissioner cole admonished tribe reservation alone proclaims old time old conditions tide civilization resistless tide ocean choice accept live according methods destroyed accept requires sale surplus lands opening reservation white settlement great powerful people abilities energies directed harmony conditions surrounded wave civilization swept found unprepared new conditions became weak ou must accept new life wholly must break barriers invite white man elements civilization young men may opportunities new conditions fathers old cole vivid language entreaty break barriers reminiscent picturesque statement congress pull nails holding outside boundary uintah reservation viewed evidence diminishment hagen moreover commissioners report negotiations signaled understanding cession surplus lands dissolved tribal governance reservation observed members tribe allotted lands severalty sold surplus last property bond assisted hold together tribal interest estatetheir tribal interests may considered thing past report march letter chairman senate committee indian affairs several yankton chiefs members tribe indicated concurred interpretation agreement impact letter urged congressional ratification agreement explaining signatories want ed laws state live recognized observed view desirable keep tribal relation tribal relation reservation obstacle hindrance advancement civilization misc doc legislative history adds little congress considered siletz nez perce yankton surplus land sale agreements time relevant references floor debates support find ing diminishment members noted cessions restore surplus lands public domain see cong rec june remarks mccrae id remarks hermann language indicates congressional intent diminish reservation see hagen supra solem phrase appears annual report commissioner indian affairs released september congressional ratification agreement see annual report commissioner indian affairs excerpted app noting siletz nez perce yankton agreements acres land restored public domain finally presidential proclamation opening lands settlement declared tribe ceded sold relinquished conveyed claim right title interest unallotted lands within limits reservation set apart said tribe first article treaty presidential proclamation may reprinted app described substantially similar language unambiguous contemporaneous statement nation chief executive perceived disestablishment rosebud despite apparent contemporaneous understanding act diminished reservation years since congress executive branch described reservation contradictory terms treated region inconsistent manner statute example refers homestead settlers upon yankton indian reservation stat report included legislative history statute commissioner indian affairs discusses former reservation statutory reference hearings indian gaming regulatory act nearly century later congress occasionally though invariably referred yankton sioux reservation often observed however views subsequent congress form hazardous basis inferring intent earlier one philadelphia nat bank likewise scores administrative documents maps marshaled parties support contradict diminishment limited interpretive value need linger whether many references yankton reservation legislative administrative materials utilized convenient geographical description reflected considered jurisdictional statement mixed record presented reveals consistent even dominant approach territory question carries little force light strong textual contemporaneous evidence diminishment rosebud see also solem finding subsequent treatment rife contradictions inconsistencies help either side settlers flooded opened portion reservation area long since lost indian character acknowledged de facto de jure diminishment may occurred final consideration least compelling simple reason every surplus land act necessarily resulted surge settlement degraded indian character reservation yet repeatedly stated every surplus land act diminished affected reservation see fact yankton population region promptly drastically declined act however provide one additional clue congress expected today fewer ten percent reserva tion lands indian hands constitute population within boundaries several municipalities inside boundaries incorporated south dakota law opening tribal casino apparently reversed population trend tribal presence area steadily increased recent years advent gaming stimulated local economy addition acreage within boundaries reverted tribal trust land see hoover yankton sioux tribal land history reprinted app nonetheless area remains predominantly populated surviving pockets indian allotments demographics signify diminished reservation solem supra state assumption jurisdiction territory almost immediately act continuing virtually unchallenged present day reinforces holding appeals acknowledged south dakota quite consistently exercised various forms governmental authority opened lands tribe presented evidence attempted recently exercise civil regulatory criminal jurisdiction nontrust lands finally yankton constitution drafted amended defines tribe territory include tribal lands within boundaries owned tribe constitution bylaws yankton sioux tribal business claims committee art vi iv allotment era long since ended guiding philosophy repudiated tribal communities struggled endured preserved cultural roots remained part near historic lands despite understanding relationship indian tribe see must give effect congress intent passing act decoteau believe congress spoke clearly although ome might wish spoken differently remake history act contains certain statutory language evincing congress intent diminish yankton sioux reservation providing total cession fixed compensation contemporaneous historical evidence supports conclusion nothing ambiguous subsequent treatment region substantially controverts reasoning conflicting understandings status reservation together fact tribe continues land common caution us however limit holding narrow question presented whether unallotted ceded lands severed reservation need determine whether congress disestablished reservation altogether order resolve case accordingly decline holding hagen similarly limited state description yankton reservation greger see state greger sum hold congress diminished yankton sioux reservation act unallotted tracts longer constitute indian country thus state primary jurisdiction waste site lands ceded act accordingly reverse judgment appeals eighth circuit remand proceedings consistent opinion ordered footnotes text agreement provides relevant part article yankton tribe dakota sioux indians hereby cede sell relinquish convey claim right title interest unallotted lands within limits reservation set apart said indians aforesaid article ii consideration lands ceded sold relinquished conveyed aforesaid stipulates agrees pay said yankton tribe sioux indians sum six hundred thousand dollars hereinbefore provided article vii addition stipulations preceding articles upon ratification agreement congress shall pay yankton tribe sioux indians follows person whose name signed agreement male member tribe eighteen years old older date agreement twenty dollars one double eagle struck year memorial agreement article viii part surplus lands hereby ceded sold may occupied agency schools purposes shall reserved sale settlers longer required purposes lands included sale shall immediately ratification agreement congress offered sale proper land office disposed existing land laws actual bona fide settlers article xv claim yankton sioux indians employed scouts general alf scully additional compensation rate two hundred dollars aggregating sum eleven thousand four hundred dollars hereby recognized within ninety days ratification agreement congress shall paid lawful money said scouts heirs article xvii intoxicating liquors intoxicants shall ever sold given away upon lands agreement ceded sold upon lands within comprising reservations yankton sioux dakota indians described treaty said indians dated april afterwards surveyed set said indians penalty violation provision shall congress may prescribe act ratifying agreement article xviii nothing agreement shall construed abrogate treaty april yankton tribe sioux indians signing agreement ratification congress provisions said treaty april shall full force effect though agreement made said yankton indians shall continue receive annuities said treaty april stat claims concluded land ceded tribe fair market value per acre paid pursuant agreement unconscionable grossly inadequate tribe entitled recover difference yankton sioux tribe waste district explains appeal district decision allowed go forward construction proposed landfill filed brief respondent supporting petitioner state likelihood assertion tribal jurisdiction continue affect district similar contexts brief respondent southern missouri waste management district respect particular issue landfill liner waste district concerns appear academic epa waived requirement composite liner permitted construction go forward compacted clay liner see yankton sioux tribe environmental protection agency supp sd see state greger see also state thompson state williamson wood jameson hearings pub indian gaming regulatory act subcommittee native american affairs house committee natural resources held according record fort randall casino hotel yankton sioux reservation see cong rec discussion marty indian school located yankton sioux reservation cong rec description lake project irrigates land located yankton sioux reservation see stat referring land former yankton reservation see exec order extending trust period allotted lands yankton sioux reservation exec order apr letter chairman committee indian affairs secretary interior reprinted app stating lake andes within former indian reservation letter yankton agency commissioner indian affairs reprinted app discussing lands heretofore constituting part reservation bureau census dept commerce pub reprinted app listing population figures yankton reservation tribe also highlights opinion letter issued felix cohen solicitor department interior concluded yankton reservation altered act allotments scattered reservation act thus distinguishable statutes ceded definite part reservation treated remaining areas diminished reservation see letter august reprinted dept interior opinions solicitor department interior relating indian affairs letter disavowed apparently ignored subsequent determinations agency memorandum tribal courts example plainly stated act diminish ed area yankton tribe might exercise authority memorandum associate solicitor indian affairs commissioner indian affairs reprinted app