332
Syllabus
(h) The conflicting understandings about the status of the reservation, together with the fact that the Tribe continues to own land in common, caution the Court to limit its holding to the narrow question presented: whether unallotted, ceded lands were severed from the reservation. The Court need not determine whether Congress disestablished the reservation altogether in order to resolve this case, and accordingly declines to do so. See, e. g., Hagen, supra, at 421. Pp. 357-358.
99 F. 3d 1439, reversed and remanded.
O'Connor, J., delivered the opinion for a unanimous Court.
Mark W. Barnett, Attorney General of South Dakota, argued the cause for petitioner. With him on the briefs was John Patrick Guhin, Deputy Attorney General. Kenneth W. Cotton filed a brief for the Southern Missouri Waste Management District, respondent under this Court's Rule 12.4, in support of petitioner.
James G. Abourezk argued the cause for respondent Yankton Sioux Tribe et al. With him on the brief were Bobbie J. Rasmusson, Michael H. Scarmon, and Paul Bender. Barbara McDowell argued the cause for the United States as amicus curiae urging affirmance. With her on the brief were Acting Solicitor General Waxman, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, and Edward J. Shawaker.*
*Briefs of amici curiae urging reversal were filed for Charles Mix County, South Dakota, by Tom D. Tobin and Matthew F. Gaffey; for the City of Dante et al. by Timothy R. Whalen; for Duchesne County, Utah, by Herbert Wm. Gillespie; and for Lewis County, Idaho, by Kimron R. Torgerson.
Reid Peyton Chambers, Arthur Lazarus, Jr., and William R. Perry filed a brief for the Standing Rock Sioux Tribe et al. as amici curiae urging affirmance.
A brief of amici curiae was filed for the State of California et al. by Daniel E. Lungren, Attorney General of California, and Thomas F. Gede, Special Assistant Attorney General, Alan G. Lance, Attorney General of Idaho, and Steven W. Strack, Assistant Attorney General, and by the Attorneys General for their respective States as follows: Bill Pryor of Alabama, Bruce M. Botelho of Alaska, Jeremiah W. (Jay) Nixon of Missouri,
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