In an action by a Sioux Indian tribe seeking a declaration that the 1889 Act of Congress dissolving the Great Sioux Reservation never took effect, the dismissal of the complaint is affirmed where the Indian Claims Commission Act of 1946 imposed a 5-year limitations period on Indian claims then existing and arising, and that period expired.
Argued February 12, 2009
Decided June 26, 2009
Opinion by Judge Randolph
Partial concurrence and partial dissent by Judge Tatel
Patricia Marks, Oglala Sioux Tribe, Pine Ridge, SD
Robert J. Lundman, Attorney, U.S. Department of Justice, Washington, DC