106 F.3d 247

STATE OF SOUTH DAKOTA; City of Oacoma, Appellants,
v.
UNITED STATES DEPARTMENT OF INTERIOR; Eddie F. Brown,
Assistant Secretary-Indian Affairs; Jerry Jaeger,
Acting Area Director, Bureau of Indian
Affairs, Appellees.
White Earth Band of Chippewa Indians; Lower Brule Sioux
Tribe, also known as Lower Brule Tribe of Sioux Indians;
Three Affiliated Tribes, of the Fort Berthold Reservation;
The Miccosukee Tribe, of Indians of Florida; The Menominee
Indian Tribe, of Wisconsin; The Seminole Tribe, of Florida;
The Narragansett Indian Tribe; Confederated Salish and
Kootenai Tribes, of the Flathead Reservation; Cow Creek
Band of Umpqua Tribe of Indians; Nez Perce Tribe; Spokane
Tribe of Indians; Stockbridge-Munsee Band of Mohican
Indians; Winnebago Tribe, of Nebraska; Jicarilla Apache
Tribe; Pueblo of Laguna; Pueblo of Santa Ana; Assiniboine
and Sioux Tribes, of the Fort Peck Reservation; Cheyenne
River Sioux Tribe; Ho-Chunk Nation; Lac Du Flambeau Band,
of Lake Superior Chippewa Indians; Puyallup Tribe of
Indians; St. Croix Band of Chippewa Indians; Standing Rock
Sioux Tribe; Yankton Sioux Tribe; Shakopee Mdewakanton
Sioux (Dakota) Community; Prairie Island Indian Community
Reservation; The Upper Sioux Community; The Grand Portage
Band, of Chippewa; Red Lake Band of Chippewa Indians;
Sisseton-Wahpeton Sioux Tribe; Minnesota Chippewa Tribe;
Mississippi Band of Choctaw Indians; San Manuel Band of
Mission Indians; Cherokee Nation; Chippewa-Cree Tribe of
the Rockyboy's Reservation; Crow Creek Sioux Tribe;
Hannahville Indian Community; Mashantucket Pequot Tribe;
Oglala Sioux Tribe; Rosebud Sioux Tribe; Paiute Indian
Tribe of Utah; National Congress of American Indians; Amici Curiae,
State of Connecticut, acting by its Attorney General,
Richard Blumenthal; State of Arizona, acting by its
Attorney General, Grant Woods; State of California, acting
by its Attorney General, Daniel Lungren; State of Florida,
acting by its Attorney General, Robert A. Butterworth;
State of Idaho, acting by its Attorney General, Alan G.
Lance; State of Massachusetts, acting by its Attorney
General, Scott Harshbarger; State of Missouri, acting by
its Attorney General, Jeremiah W. Nixon; State of Montana,
acting by its Attorney General, Joseph P. Mazurek; State of
Nebraska, acting by its Attorney General, Don Stenberg;
State of Oregon, acting by its Attorney General, Theodore R.
Kulongoski; State of Utah, acting by its Attorney General,
Jan Graham; State of Wisconsin, acting by its Attorney
General, James E. Doyle; State of Wyoming, acting by its
Attorney General, William U. Hill, Amicus on Behalf of Appellant.

No. 94-2344SDRC.

United States Court of Appeals,
Eighth Circuit.

Dec. 19, 1996.

JUDGMENT