Eagle Butte, South Dakota, City of v. Aberdeen Area Director, 18 IBIA 21 (1989)

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v. : Docket No. IBIA 89-56-A :

On July 25, 1989, the Board of Indian Appeals (Board) issued a decision in the above case affirming an October 24, 1984, decision of the Aberdeen Area Director, Bureau of Indian Affairs (appellee), concerning taking certain lands within the city limits of the City of Eagle Butte, South Dakota, into trust for the Cheyenne River Sioux Tribe (tribe). See 17 IBIA 192, 96 I.D. 324.

On August 14, 1989, the Board received a petition for reconsideration from appellant City of Eagle Butte. This petition for the first time argued that a portion of the lands affected by the Board's decision, namely Lots 1, 2, 3, and 4 of Block 11, had been conveyed to a non-Indian corporation by warranty deed executed on March 22, 1985. By order dated August 15, 1989, the Board gave all parties an opportunity to respond to appellant's allegations that the land described had passed out of Indian ownership during the pendency of the appeal.

By filing received by the Board on September 25, 1989, appellee stated that, although his decision was correct when issued on October 24, 1984, because the land described had passed out of Indian ownership before the appeal was resolved, that land was no longer eligible to be taken into trust. Appellee indicated that he was not aware of the conveyance and had no occasion to review title to the property while the appeal was pending.

Similarly, on October 10, 1989, the tribe agreed that this land had been conveyed out of Indian ownership.

Accordingly, pursuant to the authority delegated to the Board of Indian Appeals by the Secretary of the Interior, 43 CFR 4.1, the Board's July 25, 1989, decision in this case is...

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