rosebud sioux tribe kneip argued january decided april language legislative history acts whereby land certain counties south dakota located within boundaries rosebud sioux reservation defined treaty required ceded reservation indians government sale settlers homestead townsite laws proceeds credited indians received respect certain parcels transfer south dakota school use held clearly evidence congressional intent diminish boundaries reservation although acts unilateral acts congress without consent rosebud sioux tribe adult male members required original treaty establishing reservation fact directly bear question whether congress later acts intended diminish reservation boundaries conclusive respect congressional intent acts changed method payment outright payment indians required agreement amended treaty resulted diminution reservation boundaries although approved tribe adult male members never ratified congress pp affirmed rehnquist delivered opinion burger white blackmun powell stevens joined marshall filed dissenting opinion brennan stewart joined post marvin sonosky argued cause filed briefs petitioner william janklow attorney general south dakota argued cause respondents brief tom tobin david knudson special assistant attorneys general william day bartow farr argued cause pro hac vice amicus curiae urging reversal brief solicitor general bork assistant attorney general taft edmund clark neil proto briefs amici curiae urging reversal filed richard baenen anthony rogers arapahoe tribe et al arthur lazarus association american indian affairs et al richard collins robert pelcyger national congress american indians et al justice rehnquist delivered opinion june rosebud sioux tribe sued district district south dakota obtain declaratory judgment original boundaries reservation defined act march stat diminished three subsequent acts congress passed respectively district noting rom time acts passed four counties treated outside rosebud sioux reservation settlers descendants state south dakota federal courts supp denied relief concluded congress intended diminish reservation exclude four counties south dakota affected acts appeals eighth circuit careful comprehensive opinion affirmed judgment district granted certiorari review determination light recent decisions decoteau district county mattz arnett since conclude three acts congress question satisfy requirement congressional determination terminate indian reservation must expressed face act clear surrounding circumstances legislative history mattz arnett supra affirm judgment appeals established rosebud indian reservation contained somewhat million acres covered portion later became five counties south dakota gregory tripp lyman mellette todd three acts asked construe successively disposed unallotted lands gregory county act tripp lyman counties act mellette county act todd county remains unaffected enactments contention rosebud sioux tribe acts opening unallotted land outside todd county settlement thereby change reservation boundaries continued encompass five counties determining whether reservation boundaries subsequently diminished congressional enactments guided legal principles underlying premise congressional intent control decoteau district county supra celestine determining intent cautioned follow general rule oubtful expressions resolved favor weak defenseless people wards nation dependent upon protection good faith mcclanahan arizona state tax quoting carpenter shaw see also mattz arnett supra mere fact reservation opened settlement necessarily mean opened area lost reservation status mattz arnett supra see also seymour superintendent general rule command determination reservation status survives face congressionally manifested intent contrary decoteau district county supra cases face act surrounding circumstances legislative history examined eye toward determining congressional intent mattz arnett supra applying principles facts case conclude acts clearly evidence congressional intent diminish boundaries rosebud sioux reservation parties agree amendment treaty provided payment approved rosebud sioux tribe adult males resulted diminution rosebud reservation boundaries congress however approve amendment treaty tribe ratified tribe contends lacking tribal ratification provision later acts ineffectual accomplish result tribe view absence two factors vitally distinguishes acts question otherwise similar act examined decoteau district county supra reasons hereafter set forth greater detail conclude although acts unilateral acts congress without consent members tribe required original treaty fact direct bearing question whether congress later acts intend diminish reservation boundaries time first acts congress aware decision lone wolf hitchcock held congress possessed authority abrogate unilaterally provisions indian treaty also conclude changed method payment conclusive respect congressional intent although later acts congress made less secure provisions payment tribe lands question treaty language respect reservation status opened lands identical derivative language used proposed amendment language also substantially equivalent used executed agreement involved decoteau agree appeals district language opened land settlement diminished boundaries reservation pro tanto rosebud sioux one tribes indians sioux nation treaty april stat set aside land south dakota west missouri river great sioux reservation consisting million acres article treaty provided subsequent treaty cession part reservation valid without written consent adult male indians reservation despite provision approximately million acres consisting black hills portion great sioux reservation removed reservation act february stat see sioux tribe indians cl cert denied remaining reservation approximately restored public domain act march stat six separate reservations carved remainder section set apart rosebud reservation encompassing later organized three full counties todd mellette tripp major portion gregory county small portion lyman reservation originally delimited contained million acres around turn century familiar forces referred decoteau district county led demands open reservation provision indian department appropriation act mar stat provided secretary interior hereby authorized discretion negotiate indian inspector agreements indians cession portions respective reservations surplus unallotted lands agreements thus negotiated subject subsequent ratification congress important purposes undisputed fact agreement ratified congress disestablished portion rosebud reservation lay gregory county inspector mclaughlin explained tribe cession gregory county ratification agreement leave reservation compact almost square tract leave reservation size area pine ridge reservation conceded description correct effect intent agreement ratified change reservation boundaries noted decoteau district county construing virtually identical language agreement language precisely suited purpose disestablishment agreement therefore unlike situation mattz arnett unmistakable baseline purpose disestablishment examination legislative processes resulted act convinces us lower courts purpose carried forth enacted history agreement act read first time congress addressed diminution rosebud reservation new bills introduced subsequently reported committee chambers congress proposed adopt new policy acquiring lands indians provid ing lands shall disposed settlers paid settlers money paid indians received settlers senate bill passed senate february cong rec congress expired house give consideration line changes related method payment inspector mclaughlin subsequently instructed go rosebud reservation negotiate new agreement explained rosebud tribe enter agreement similar two years ago except manner payment still large reservation pine ridge cut inspector mclaughlin failed get adult male indians consent new method payment although obtain consent majority provided price homesteaders raised per acre agreement however inspector mclaughlin explained tribe congress understood bound requirement treaty sioux nation lone wolf hitchcock dealing validity cession tribal lands enacted contravention treaty requiring indian consent held power exists abrogate provisions indian treaty though presumably power exercised circumstances arise justify government disregarding stipulations treaty may demand interest country indians therefore treaties entered tribe indians never doubted power abrogate existed congress event congress possessed full power matter judiciary question inquire motives prompted enactment legislation examining congressional intent indication congress intended change anything form responsibility payment recommending ratification agreement modified accompanying house report stated purpose bill ratify amend agreement made rosebud indians south dakota inspector james mclaughlin dated september providing cession unallotted portion lands gregory county opening settlement entry homestead laws question indians use land proposed ceded bill tract small portion rosebud reservation really corner reservation left compact square tract reservation equal size pine ridge reservation south dakota burke treaty entered rosebud indians part indians agreed sell government land per acre treaty transmitted congress fact provided government pay lands outright take chance treasury reimbursed disposing lands settlers never got committee indian affairs unanimously reported favorably never given consideration house toward concluding days last session congress new bill prepared substantially bill provides bill provided lands ceded indians government disposed settlers provisions homestead law price fixed acre provided original treaty bill substantially bill referred said indians belonging rosebud reservation south dakota consideration hereinafter named hereby cede surrender grant convey claim right title interest part rosebud indian reservation remaining unallotted situated within boundaries gregory county stat petitioner however objects cession requires bilateral consent failure inspector mclaughlin gain approval male adult indians vitiates cession matter strict english usage petitioner undoubtedly correct cession refers voluntary surrender territory jurisdiction rather withdrawal jurisdiction authority superior sovereign justice judge holmes commented free say congress see driving said therefore shall go johnson congress simply repeating verbatim language bill ratifying agreement made proper use word cession agreement approved tribe use word cession act consented required extraordinary majority tribe make meaning act ambiguous diminution reservation boundaries one hand merely opening designated lands settlement word technically misused meaning quite clear intended accomplish precisely intended accomplish congress misapprehension required portion tribe fact approved treaty knew majority tribe approved required extraordinary majority determined nonetheless go ahead accomplish result unilaterally agreement accomplished bilaterally bill provided lands ceded indians government cong rec remarks burke clear congress relying lone wolf hitchcock making unilateral declaration nothing changed method payment failure obtain vote indians indicates clear intent agreement diminish reservation boundaries changed tribe moreover eventually paid land supra implied continuity purpose however stand alone indicating congressional intent section act stat provides pertinent part ections sixteen lands hereby acquired township shall subject entry shall reserved use common schools paid two dollars fifty cents per acre hereby granted state south dakota purpose pon admission said union sections numbered sixteen every township said proposed hereby granted said support common schools provided sixteenth sections embraced permanent reservations national purposes shall time subject grants act shall land embraced indian military reservations character subject grants act reservation shall extinguished lands restored become part public domain clearly understood least executive branch act like agreement contemplated diminution reservation apparent rosebud proclamation may stat accordance requirement act land disposed general provisions homestead laws shall opened settlement entry proclamation stated pertinent part whereas agreement sioux tribe indians rosebud reservation state south dakota one part james mclaughlin indian inspector part amended ratified act congress said indian tribe ceded conveyed transferred relinquished surrendered forever absolutely without reservation whatsoever expressed implied unto america claim title interest every kind character unallotted lands embraced following described tract country state south dakota therefore theodore roosevelt president america virtue power vested law hereby declare make known lands aforesaid ceded sioux tribe indians rosebud reservation eighth day august manner herein prescribed otherwise opened entry settlement disposition general provisions homestead townsite laws emphasis supplied sum examination process leading enactment act well language legislative history leads us led appeals district firm conclusion congressional intent exclude gregory county rosebud reservation although subsequent jurisdictional history decoteau district county entirely clear single salient fact unquestioned actual assumption state jurisdiction unallotted lands gregory county since passage act see amended complaint since state jurisdiction area within reservation boundaries quite limited mcclanahan arizona state tax williams lee worcester georgia pet fact neither congress department indian affairs sought exercise authority area challenge state exercise authority factor entitled weight part jurisdictional history longstanding assumption jurisdiction state area population land use demonstrates parties understanding meaning act created justifiable expectations upset strained reading acts congress petitioner urges simply unable conclude intent act disestablish iii determined act carried forth intent disestablish unquestionably manifested agreement examination acts made easier none parties really disputes intent three acts later acts vary respects however shall explain briefly find continuity intent acts familiar forces work pressing opening indian lands cease cession gregory county late congressman burke preparing bill dealing sale part reservation located tripp county inspector mclaughlin instructed proceed rosebud reservation negotiate agreement land tripp county ceded disposed general provisions homestead townsite laws given suggested terms similar disposal ceded lands gregory county inspector mclaughlin negotiations produced virtually result agreement signed majority adult male indians provided indians hereby cede grant relinquish claim right title interest part rosebud indian reservation tripp lyman counties except portions thereof may hereafter allotted indians secretary interior recommended congress ratify agreement letter hitchcock supra senate committee indian affairs reported ratification bill sess time however house already passed second bill introduced congressman burke incorporate agreement cong rec although substantially incorporate terms agreement noted congressman burke bill substantially accordance agreement made indians signed majority along line bill passed congress sale portion reservation located gregory county left land disposed reservation substantially miles square secretary interior hereby authorized directed hereinafter provided sell dispose portion rosebud indian reservation south dakota tripp lyman counties except portions thereof may hereafter allotted indians virtually respects except operative language replacing agreement language act functional twin act legislative comments make clear supra change language intended modify change purposes operation act agree appeals conclusion nothing language act surrounding circumstances legislative history indicates change congressional determination alter reservation boundaries found act pressures land yet expended passage act late senator gamble submitted new bill authorizing sale disposition portion surplus unallotted lands mellette county strip located eastern part todd county cong rec accompanying senate report noted proposing opening settlement area comprising acres present area rosebud indian reservation aggregates acres emphasis supplied provision included bill paid government conformity provisions act admitting state south dakota union senator gamble unable senate consider bill term congress expired inspector mclaughlin dispatched conduct negotiations rosebud tribe concerning gamble bill time seek negotiate agreement indians reported back secretary interior practically unanimous concurrence indians opening northern strip provided two tiers townships eastern part meyer sic county remain part diminished reservation new bills introduced similar purpose original gamble bill secretary interior recommended congress bill open mellette county eastern part todd county bill also include provision subjecting land opened period years laws prohibiting introduction intoxicants indian country changes made see sess report noted present area rosebud indian reservation aggregates acres lands proposed opened settlement provisions bill embrace area acres also provides secretary interior discretion may permit indians allotments within area proposed opened relinquish allotments receive lieu thereof allotments anywhere within reservation proposed diminished sections lands township disposed reserved use common schools state lands paid government conformity provisions act admitting state south dakota union although congress full power enact legislation character without consent indians felt indians fully advised provisions pending measure views asked regard thereto rosebud indian reservation set aside separate reservation sioux act contained something acres land follows description act act observing act substantially form bill consideration area comprised present bill acres still left reservation containing acres indians allotted occasion continuing reservation larger mellette county disposed act substantially similar act uses identical operative language authorizing directing secretary interior sell dispose portion rosebud indian reservation present day mellette county except portions thereof may hereafter allotted indians stat substantive similarity acts useful purpose served recounting similar provisions contained act two new provisions however warrant mention first proviso stating ny indians allotments made tract ceded may case elect said lands offered sale relinquish select allotments lieu thereof diminished reservation added provisions well clear legislative history act reflect strongly continued intent diminish reservation boundaries conclude act continued policies prior two acts mellette county thereby detached reservation iv intent congress acts change boundaries original rosebud reservation much changed since congress might well chosen different course observed decoteau district county ur task narrow one remake history affirmed footnotes written consent majority tribe obtained prior acts infra written consent obtained prior act practically unanimous concurrence indians reported infra tribe eventually paid land opened settlement three acts exception acres returned tribe pursuant order restoration dated january see indian reorganization act stat focus inquiry congressional intent pointed prior decisions factors intent inferred dissent erroneously seizes upon several factors presents apparent absolutes post however misapprehends nature inquiry inquire whether congressional determination terminate expressed face act clear surrounding circumstances legislative history mattz arnett mattz upon dissent relies set forth absolutes rather first examined history reservation examined enactment light history surrounding circumstances mattz referred examples cases congress used clear language express termination particular situations notion express language act method congressional action may result disestablishment quite inconsistent language text mattz dissent nonetheless relies perceives absence express disestablishment language perhaps striking rosebud acts post even however dissent concedes must striking fact fact respect crucial act congress used cession language decoteau district county found precisely suited disestablishment termination reservation status agreed adult male indians great sioux reservation ex doc stat time lands allotted indians tribe herein provided sooner opinion president shall best interests said tribe shall lawful secretary interior negotiate indian tribe purchase release said tribe conformity treaty statute said reservation held portions reservation allotted tribe shall time time consent sell terms conditions shall considered equitable said tribe indians purchase shall complete ratified congress reproduced verbatim language general allotment act act stat see people anxious particular part reservation opened opportunity given settlement development region state committee informed indians willing treat cession lands question agreement dated james mclaughlin part sioux tribe indians belonging rosebud reservation article said indians belonging rosebud reservation south dakota consideration hereinafter named hereby cede surrender grant convey claim right title interest part rosebud indian reservation remaining unallotted situated within boundaries gregory county south dakota art ii consideration land ceded relinquished conveyed article agreement stipulates agrees expend pay said indians manner hereinafter provided sum one million forty thousand dollars doc ratification bill passed senate reported favorably house cong rec sess bill never given consideration floor house see also cong rec remarks gamble congressman burke senator gamble sponsors various bills concerning rosebud reservation appeals noted parties appear agree problem congress jurisdiction title boundaries simply put money proceedings council indians rosebud reservation doc see also proceedings council indians ponca creek district rosebud reservation apr doc supra accompany accompany letter commissioner indian affairs james mclaughlin indian inspector june app joint request department dated april members south dakota delegation congress asked inspector detailed proceed rosebud indian reservation south dakota purpose negotiating new agreement indians thereof cession unallotted portion reserve embraced gregory county along lines proposed senate bill essential features said already familiar follows instead paying indians lump sum surplus gregory county lands provided agreement september lands disposed settlers provisions homestead laws excepting sections equivalent thereof less per acre proceeds arising sale paid indians light lone wolf hitchcock house senate committees understood consent indians change mandatory view treaty stipulation better require treaty amended accepted indians becomes effective supra supra minutes council held rosebud agency sioux indians belonging rosebud reservation july see also operative language new agreement identical contained agreement said indians belonging rosebud reservation south dakota consideration hereinafter named hereby cede surrender grant convey claim right title interest part rosebud indian reservation remaining unallotted situated within boundaries gregory county minutes council held rosebud agency sioux indians belonging rosebud reservation july see also accompanying report discussing lone wolf hitchcock supra considered whether ratification amended agreement received approval adult male indians appropriate concluded appearing therefore male adult indians signed original treaty majority willing sell less sic price provided bill fact department recommends passage measure provided indians insured lump sum equal amount mentioned original treaty committee fixed price believed insure amount thought wise hardship even injustice indians measure passed reason recommend passage bill despite uncertain sum proviso act stat suggests congress viewed land disestablished immediately lands herein ceded opened settlement act remaining undisposed expiration four years taking effect act shall sold disposed cash rules regulations prescribed secretary interior six hundred forty acres one purchaser congress explicitly aware acting pursuant holding lone wolf hitchcock see supra cong rec remarks burke noted decoteau district county fact congress ratified sale sum certain two facts indian consent payment aided us determining congressional intent terminate reservation appeals instant case recognized determination disestablishment rests upon congressional intent method payment whether otherwise one many factors considered decoteau rested upon precisely determination neither sum certain consent considered dispositive one way statutory language discussed decoteau similar language act act sure lacks payment well approval adult male indians common decoteau starts form agreement fully explained rosebud tribe congressional recognition agreement altered present case simple reason agreement rosebud act lone wolf hitchcock supra decided clear retreat previous congressional attempts vacate reservation express terms decoteau district county supra mattz arnett finally discussed infra decoteau state exercised unquestioned jurisdiction disputed area since passage enactment indication intended purpose act present mattz arnett moreover factors present decoteau press finding disestablishment example unlike situation decoteau faced act disestablished area question terminate entire reservation considered together feel disestablishment factors present decoteau present counterbalanced disestablishment factors present decoteau well factors present decoteau see cong rec remarks gamble provisions enabling act authorizing admission state south dakota union sections every township reserved school purposes provision apply permanent indian reservations became operative indian title extinguished lands restored became part public domain cong rec finley understand gentleman bases wisdom equity provision upon enabling act admitting south dakota union burke yes finley otherwise burke see also infra moreover discussed infra minnesota hitchcock possibility lands gregory county although disestablished reservation act thereby converted public lands section act february case apply lands even though disestablished reservation petitioner urges school sections provision indicated congress disestablishing county since upon disestablishment sections automatically passed south dakota act february disagree section act provides grants sections state also method amount payment section therefore superfluous see also supra amicus curiae argues minnesota hitchcock supra supports position petitioner hitchcock however deal question whether utilization explicit school sections clause demonstrates congress must intended reservation boundaries continued undiminished rather issue hitchcock quite different dealt whether ceded lands automatically became subject earlier act school sections provision concluded none ceded lands passed school grant state due trust imposed upon preceding status precluded becoming public lands preceding status exist even lands disestablished reservation pelican cf ash sheep recognized appeals fact beneficial interest retained erode scope effect cession made preserve reservation original size shape boundaries question whether lands become public lands hitchcock ash sheep therefore logically separate question disestablishment pelican supra issue us need decide whether lands became public lands noted appeals congressional action reference gregory county shortly passage act also confirms conclusions act february ch stat congress granted settlers extension time establish residence upon opened gregory county lands title body act contain following language lands heretofore part rosebud indian reservation within limits gregory county south dakota stat emphasis added see cong rec remarks sen gamble act passed short time act congress dealing subject matter additional evidence congressional intent disestablish gregory county rosebud reservation act moreover references legislative history acts discussed infra nn reinforce conclusion congress disestablished gregory county see also state white horse factor course applies equal force counties affected act act infra already noted district found rom time acts passed four counties treated outside rosebud sioux reservation settlers descendants state south dakota federal courts factual finding unchallenged parties rely indicia jurisdictional assumption best confusing unenlightening indian reorganization act stat department interior reaction thereto urged perhaps fervently amicus curiae fail establish anything like clarity view congress department interior respect land affected acts act involved herein indian reorganization act secretary interior authorized restore tribal ownership remaining surplus lands indian reservation heretofore opened stat however stated othing contained act shall construed relate indian holdings allotments homesteads upon public domain outside geographic boundaries indian reservation existing stat section relied heavily upon amicus brief face refers nothing indian holdings allotments homesteads outside boundaries reservation comports definition indian country case clear view part relevant agencies land opened agreements remained reservation land exists compare interior department opinion opinion acting solicitor observed supra question whether lands became public lands separate question intent disestablish boundaries relevant materials presented respect indian reorganization act simply present clear treatment scope rosebud reservation hence minimal utility examination history repeated recognition reservation status land act department interior congress mattz arnett material presented parties reveals consistent even dominant approach territory question light clear assumption jurisdiction past years state south dakota territory dispute acquiescence tribe federal government sporadic often contradictory history congressional administrative actions respects carries little force cf massachusetts new york martin waddell pet showing longstanding assumption jurisdiction related area state boundary disputes entitled considerable weight see rhode island massachusetts louisiana mississippi michigan wisconsin massachusetts new york supra arkansas tennessee stone wall involving boundary delaware indian reservation land set aside government military post stated case private persons boundary surveyed parties acquiesced thirty years made subject dispute reference courses distances called patents parties claimed newly discovered construction title deeds see reason principle apply present case course urging congressional intent disestablish petitioner asserts substance three statutes much language brief petitioner act differs format acts substance result substantive changes agreement act act legal effect well language acts three statutes land opened sale settlers proceeds credited indians received dissenters feel acts far simpler present purposes since hey contain neither words cession words termination post dissenters also recognize parties act properly regard ed crucial act post acts must considered context important part context agreement act reference letter burke department interior office indian affairs letter commissioner leupp inspector james mclaughlin bills introduced december cong rec burke bill gamble bill letter commissioner leupp supra inspector mclaughlin told right indians also explain lone wolf hitchcock vests congress right open lands without consent desire department sending talk matter indians obtain views terms opening made letter hitchcock secretary interior chairman committee indian affairs house representatives enclosing agreement response question inquired whether provisions treaty inserted bill congressman burke replied may say gentleman cong rec see discussion supra act comparable provision discussion supra respect school sections provision act applies equally substantively identical act supra one particular language act reinforces conclusion respect act act stat open portion rosebud indian reservation south dakota lying south big white river east range west sixth principal meridian description encompass gregory county well tripp county unless act disestablished gregory county reservation see bill affects portion reservation east range fifth principal meridian south big white river mellette todd counties two counties unaffected acts compose approximately million acres whereas original reservation encompassed somewhat million acres letter dated january james garfield secretary interior senator gamble clearly noted perceived disestablishment major portions rosebud reservation prior two acts rosebud reservation reduced rapidly last years intimations reached department trustworthy sources danger land available allotment may exhausted large reduction made time believe therefore strip land east present diminished reservation opened yet see also cong rec colloquy gamble crawford gamble government agreed reserve lands pay law enabling act admitting state south dakota federal union crawford sections senator refers held settler given state keep good pledge made state government enabling act state admitted union secretary interior believed views indians procured bill finally acted although recognizing fact congress enact legislation character without consent indians interested letter dated james garfield secretary interior gamble supra letter dated apr james mclaughlin secretary interior negotiations indians see transcript council held rosebud agency mar proceedings council held indians rosebud reservation apr see cong rec cong rec letter dated ballinger secretary interior clapp accompanying emphasis supplied act may stat cong rec conference report passes house conference report passes senate see colloquy bartholdt butler bartholdt lands allotted longer indian reservation butler lands allotted longer indian reservation understand indian always lived going live believe keeping sale liquor neighborhood dick congress entitled attach liquor prohibitions reasonable duration land indians likely frequent congress explicitly adding provision authority dick see letter dated ballinger secretary interior burke petitioner well amicus curiae relies heff suggested brief amicus curiae although courts suggested provision unnecessary reservation continued suggestion erroneous debates show cong rec members congress fully aware decision heff holding indian allottees subject state liquor laws reliance misplaced heff deal question sale liquor indian allottees reservation liquor forbidden act july stat rather heff dealt sale liquor indian allottees act january stat prohibited sale liquor without restriction location indians heff short dealt act prohibited sale liquor anywhere based status person prohibition sales indian country act applied areas regardless status person insofar relevant act intoxicating liquor liquors whatever kind shall introduced pretense indian country distinction recognized dick supra noting heff observed indians involved dick citizens went discuss federal liquor statute forbidding introduction intoxicating drinks indian country thus act recognized dick liquor flatly prohibited introduction indian country prohibition prevented sale persons indian country however apply territory indian title extinguished inhabitants jurisdiction state full complete dick supra land remaining within boundaries reservation course subject full complete jurisdiction state see williams lee prior statutory definition defined areas indian country may bit vague see seymour superintendent dick recent pronouncement subject time act clearly defined indian country reference state jurisdiction see pelican perrin discussing congressional power prohibit introduction intoxicating liquors indian reservation cf mazurie liquor provision act accordingly strong indication congress view affected areas indian country rather disestablished reservation dissent speculates expansively possible adverse consequences today decision post consequences involve issues presented case extent members rosebud tribe living allotted land outside reservation indian country within definition hence subject federal provisions protections decision morton ruiz moreover federal benefits programs shall made available tribal members living near reservation surely diminishes specter sharp reduction federal aid available members rosebud tribe living reservation post certainly effect much less clear decoteau district county entire reservation extinguished combined effect morton ruiz supra many dissent parade horribles nothing justice marshall justice brennan justice stewart join dissenting holds today congress broke solemn promises made rosebud sioux tribe took without guarantee compensation reservation although suggested argument tr oral arg consequence holding preclude tribe continuing exercise jurisdiction granted approved constitution bylaws fact much stake case involves rights tribe also rights approximately indians living disputed area right continue administer disputed area part rosebud reservation see part iv infra addition ramifications today decision may extend large number reservations throughout nation see ibid therefore feel constrained explain length decision view wholly unjustifiable today effect reservation boundaries acts disposing surplus reservation land well settled general rule entitled broadest possible scope interpreting acts legal ambiguities resolved benefit indians decoteau district county congressional intent therefore must clear find reservation established congress executive disestablished mattz arnett applying principles found disestablishment congress ratified treaty indians agreed sell interest part reservation decoteau district county supra congress employed express words termination mattz arnett supra dictum congress merely opened reservation made reservation lands available acted sales agent behalf indians reservation boundaries held unaffected mattz arnett supra seymour superintendent decoteau clearly distinguished two situations observing act unilateral action congress ratification previously negotiated agreement tribal majority consented merely open lands settlement also appropriates vests tribe sum certain payment express cession relinquishment tribe claim right title interest unallotted lands statute mattz contrast benefited tribe indirectly establishing fund dependent uncertain future sales land settlers perhaps striking rosebud acts light interpretation places upon absence express provision disestablishing reservation observed mattz congress used clear language express termination result desired cited three examples mattz stat stated smith river reservation hereby discontinued stat stated portion colville indian reservation hereby vacated restored public domain stat enacted two days first rosebud acts stated reservation lines said ponca otoe missouria indian reservations hereby abolished act created rosebud reservation provides yet another example act congress expressly restored public domain part great sioux reservation act mar stat examples abound acts question contain similar language act april stat peculiarly drafted statute substance different statutes considered mattz seymour opens lands reservation white settlers guarantees indians proceeds sale lands commit purchasing land form however act amended modified ratified agreement inspector mclaughlin rosebud sioux tribe agreed sell lands question lump sum agreement rejected congress amendments congress unilaterally inserted obviously substantial since transformed transaction purchase opening ratification format used act contains language agreement provided indians belonging rosebud reservation south dakota consideration hereinafter named hereby cede surrender grant convey claim right title interest unallotted lands gregory county decoteau stated language contained agreement approved indians ratified congress precisely suited terminating reservation agree ante language equally well suited disestablish reservation usage may simply mean congress found working earlier document case agreement easier drafting new law whereas decoteau key phrase expressed indians understanding surrendering government understanding acquiring indians agreed transaction government disclaimed intent purchase anything school lands see supra indeed concedes ante matter english usage words cede surrender grant convey make sense context agreement seller assented thus ultimately rests decision asserted ability see congress driving even though congress said ibid acts far simpler present purposes contain neither words cession words termination simply authorized directed secretary interior sell dispose specified lands general provisions homestead laws act mar stat act may stat statutes virtually identical law construed seymour superintendent also authorized directed secretary sell dispose specified lands provisions homestead laws act mar stat quite similar act issue mattz declared specified lands subject settlement entry purchase laws granting homestead rights authorizing sale mineral stone timber lands act june stat bear resemblance however statutes cited mattz examples clear language express termination ii since congressional intent must unambiguous conclude congress terminated part indian reservation absence express provision effect rosebud acts strongly militates interpretation places acts need rely congressional silence alone eloquent may reject interpretation text acts circumstances surrounding enactment affirmatively point opposite conclusion text acts provides numerous indications congress intend remove opened areas reservation first acts granted indians variety rights areas three acts example permitted indians allotments counties opened retain allotments acts also allowed certain indians without allotments counties secure allotments three acts also granted indians beneficial interest opened lands since acts simply made trustee indians dispose said lands acts authorized executive opening counties settlers reserve lands indian schools religious missions service agencies course possible congress intended remove opened counties reservation leaving indians host rights counties interpretation statutes surely strained especially since nothing legislative history indicates anomalous result desired thus far sensible view grants indians evidence congress intend terminate reservation immediately interpretation supported provisions acts well acts example congress directed payments received sale lands opened deposited credit indians belonging tribal rights rosebud reservation rosebud acts also removed opened counties reservation members tribe living gregory county opened entitled share proceeds sales members tribe living tripp county opened act entitled proceeds least possible congress intended result absent contrary evidence far reasonable assume congress meant members tribe living original reservation profit sales since prior rosebud acts equal rights opened lands thus manner congress defined class beneficiaries acts indicates congress believed indians living opened counties still belonged reservation lands opened finally statutes contain important guide interpretation ignores act almost identical terms nothing agreement shall construed deprive indians rosebud reservation south dakota benefits entitled existing treaties agreements inconsistent provisions agreement provisions constitute clear congressional commands interpret rosebud acts minimize conflicts treaty yet ignores provisions maximizes conflict construing acts limit rosebud sioux land use also jurisdiction construction rosebud acts also untenable acts placed historical context held mattz statute issue interpreted overview earlier general allotment act stat must rosebud acts construed perspective observed mattz policy general allotment act continue reservation system trust status indian lands allot tracts individual indians agriculture grazing lands allotted trust expired reservation abolished unallotted lands made available purpose part promoting interaction races encouraging indians adopt white ways ibid omitted iii ultimately rests construction acts analysis legislative history may occasional passages history suggest intent terminate agree intent established anything approaching requisite clarity first place legislative history rosebud acts extraordinarily sparse act properly regards crucial act introduced representative burke south dakota january cong rec reported committee indian affairs burke chaired two days later passed house february debate consumes six pages congressional record bill transmitted senate day reported committee chaired senator gamble south dakota three days later called amended approved senate without debate april house concurred senate amendments following day without discussion act received even less congressional attention approved within one month introduced without debate senate cong rec debate house occupies one page record act seriously debated congress debates focused almost exclusively method opened lands distributed white settlers cong rec light brevity debates surprising paucity relevant materials finds two quotations debates ante three quotations committee reports ante directly bear disestablishment issue find however particularly telling unlike debates mattz revealed establishment reservation viewed mistake injustice expressions hostility toward existence size rosebud reservation statements indicating congress intended deviate general policy preserving reservations abandon role guardian indians living opened counties indeed although congress aware rosebud acts initiated new policy toward surplus lands one removed government role buyer indians role seller point debates anyone discuss consequences change reservation boundaries poverty analysis best revealed treatment history crucial act begins undisputed fact agreement ratified congress disestablished portion rosebud reservation lay gregory county ante review legislative history leads conclude indication congress intended change anything form responsibility payment ante fact congress expressly repudiate consequences agreement party refused ratify hardly establishes congress affirmatively intended consequences result different transaction devised least equally plausible congress explain effect act assumed act precisely effect earlier nonpurchase surplus land acts considered mattz lands opened reservations preserved fact congress adopted format agreement especially probative since may done simply convenience ultimately legislative history demonstrates state aptly concluded congress manifested almost complete lack concern boundary issue issue great importance early commonly assumed reservations abolished trust period allotted lands expired pressure congress accelerate timetable long settlers acquire unused land accordingly congress simply focus boundary question indifference perhaps best manifested fact legislation concerning reservation enacted immediately subsequent rosebud acts congress times referred opened counties part reservation times referred longer part reservation find confusion indifference clear congressional intent disestablish reservation incomprehensible iv obvious immediate consequence today decision jurisdictional even though people south dakota expressly declined assume jurisdiction indian country crimes torts committed indians nontrust land opened counties within jurisdiction state create impractical pattern checkerboard jurisdiction law enforcement officers find necessary search tract books order determine whether criminal jurisdiction particular offense state federal government seymour superintendent addition even trust lands almost enrolled indians opened counties generally subject state law otherwise applicable citizens state mescalero apache tribe jones even law applied reservation indians interfere reservation impair right granted reserved federal law reason enough troubled today decision beyond jurisdictional consequences holding today places grave cloud property rights tribe indians living newly contracted reservation respect tribe acres opened counties returned pursuant indian reorganization act stat secretary found words act remaining surplus lands indian reservation opened june opened counties part reservation secretary right return land tribe least open question seriously indians living trust lands opened counties assumed reorganization act extended trust period indian lands applied property counties part reservation assumption dubious best since act act shall construed relate indian holdings allotments upon public domain outside geographic boundaries indian reservation existing determined trust period extended state south dakota claim crushing amounts back taxes finally today decision may result sharp reduction federal aid available members rosebud tribe living reservation bureau indian affairs administering opened counties part reservation see supra requesting appropriations reservation indians included indians living opened counties brief amicus curiae addition advised association american indian affairs et amici curiae rosebud tribe received large amount federal aid pursuant variety federal programs brief association reports past tribe able expend monies programs opened well closed counties federal agencies viewed counties part reservation ibid light today decision tribe ability use federal funds benefit tribal members living counties serious doubt potential consequences limited rosebud reservation rosebud acts described sponsors beginning new policy respect surplus lands see supra decade following enactment first rosebud act congress passed statutes opened surplus reservation lands settlers rosebud acts diminished rosebud reservation boundaries score reservations must doubt find principled justification inflicting manifold injuries rosebud sioux indians jeopardizing rights numerous tribes respectfully dissent constitution rosebud sioux tribe approved secretary interior app art jurisdiction rosebud sioux tribe shall extend territory within original confines rosebud reservation boundaries established act march confusion record concerning jurisdictional history disputed area conclusion lengthy opinion district judge stated state south dakota treated disputed counties portions state state south dakota exercise jurisdiction since passage acts supp sd contrary suggestion ante statement hotly disputed insofar implies tribe conceded jurisdiction tribe claims consistently exercised jurisdiction indians parts reservation reply brief petitioner agrees brief amicus curiae provided number examples reports treated disputed areas part reservation maintains funds programs burial assistance outpatient clinics housing areas see also letter acting area director aberdeen bureau indian affairs neil proto dept justice app detailing services national indian law library compilation statutes doc contains additional examples taken statutes enacted agree act purchase sections gregory county grant sections state school purposes significance grant discussed infra act art act act act provided opening lands secretary interior may permit indians allotment within rosebud reservation relinquish allotment receive lieu thereof allotment anywhere within said reservation shall also allot one hundred sixty acres land child belonging rosebud reservation heretofore received allotment fact allotments made county opened settlers indicates taken lands opened see also bill provides indians within reservation may relinquish allotments select allotments portion reservation including tract affected bill emphasis added act even clearer regard excludes opened country lands may hereafter allotted indians emphasis added significantly agreement ratified partially terminated reservation contain provision new allotments tract ceded act act act see also brindle although notes ante congress attempt assure beneficial interest eventually extinguished acts contain guarantee indeed indians retained interest acres lands restored tribe act act second proviso act also reserved timberland indians although dispute congress whether land existed compare cong rec remarks burke provision act reserving lands contained original agreement act act rosebud acts disestablished reservation arguably indians tripp county entitled share proceeds either time proceeds deposited credit indians belonging tribal rights rosebud reservation tripp county already opened therefore view removed reservation act presidential proclamation view indians living mellette county opened entitled proceeds sales act art act act concludes two provisions acts support interpretation first notes ante three acts congress agreed purchase two sections opened counties school purposes see supra enabling act admitting dakotas act stat congress granted sections state reservation extinguished lands restored becom part public domain based ambiguous statements legislative history school provisions conformity enabling act concludes grants rosebud acts included implement grant enabling act reason ante true provisions question unnecessary since grant enabling act minnesota hitchcock indeed house committee indian affairs reached conclusion respect proposed bill ratifying agreement accordingly deleted school provisions senate version bill since committee included school provisions subsequent rosebud acts supra apparently believed change nature transaction meant congress longer extinguishing reservation restoring land public domain nothing legislative history suggests seems imply ante congress thought accomplishing former latter second notes ante act subjected opened lands laws prohibiting introduction intoxicants indian country reasons congress believed reservation remain intact provision unnecessary since act july stat already prohibited introduction intoxicants indian county ante definition indian country unsettled congress may feared patented land within reservation nevertheless indian country bates clark indian title extinguished nothing dick relies ante contrary dick involved ceded lands indians agreed federal laws applicable statements clearly suggest intent terminate fully intelligible knowledge geography reservation example house committee report act committee stated question indians use land proposed ceded bill tract small portion rosebud reservation really corner reservation left compact square tract supra consulting map one discovers without gregory county tract question rosebud reservation compact square see also cong rec remarks burke left land disposed reservation substantially miles square present area rosebud indian reservation aggregates acres still left reservation containing acres occasion continuing reservation larger mellette county disposed preceding session congress representative burke introduced identical bill cong rec approved committee two days later never reached house floor senator gamble introduced similar bill preceding year obtained committee approval two days senate approval without debate six days later reintroduced bill january cong rec house bill approved senate act senator gamble bill see representative burke senator gamble introduced similar bills december cong rec agreement reached tribe inspector mclaughlin january representative burke introduced new bill february office indian affairs recommended agreement approved even though indians assented bill reported house committee day two days later passed house february senate committee sent senate substitute version gamble bill time however house already approved second burke bill senate amended approved bill february also quotes discussions bearing school lands liquor law provisions see supra see hese bills present new idea establish new policy departure policy long since prevailed although problem congress respect agreement jurisdiction title boundaries simply put money ante historical evidence nearly clear senate concern agreement fact expending money acquire lands failure obtain reimbursement settlers much debate however senate ultimately rejected amendment required settlers purchase opened lands cong rec approved agreement house hand never even debated ratification bill thus firsthand knowledge basis opposition body statements relies made proponents agreement connection bills ante moreover fact house apparently unwilling authorize purchase lands recoup costs settlers suggests money sole concern comment new town et al future illusion rev example congress appropriated funds mission rosebud reservation included within category mission gregory county stat hand act extending time settling gregory county referred lands heretofore part rosebud indian reservation stat modern statutes appear consistent labeling opened counties part reservation see stat stat stat subsequent treatment disputed counties interior department reflects similar confusion status counties side presented number instances counties referred department personnel terms favorable case compare brief amicus curiae brief respondents two instances department officials addressed question directly however concluded opened counties part reservation opinion commissioner indian affairs restoration lands formerly indian tribal ownership app memorandum field solicitor aberdeen apr oral argument informed people south dakota rejected referendum act legislature granted state jurisdiction indian country pursuant stat tr oral arg arguably secretary acted properly long lands part reservation time opened see theory secretary proceeded however ordering restoration example according department housing urban development making grants tribe longer able approve projects opened counties since respect counties tribe longer governmental entity public body brief amicus curiae department agriculture already ruled light appeals decision money made available tribe acquire lands pursuant used opened counties brief association american indian affairs et al amici curiae course holding opened counties outside reservation necessarily preclude government tribe providing aid indians counties cf morton ruiz national indian law library statutes doc statutes five passed consent affected indians five enacted within year first rosebud act addition act statutes least five act laws also opened surplus reservation land settlers without indian consent also least act laws opened surplus land consent