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 Indianaffairs, Appellees.white Earth Band of Chippewa Indians; Lower Brule Siouxtribe, 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 Menomineeindian Tribe, of Wisconsin; the Seminole Tribe, of Florida;the Narragansett Indian Tribe; Confederated Salish Andkootenai Tribes, of the Flathead Reservation; Cow Creekband of Umpqua Tribe of Indians; Nez Perce Tribe; Spokanetribe of Indians; Stockbridge-munsee Band of Mohicanindians; Winnebago Tribe, of Nebraska; Jicarilla Apachetribe; Pueblo of Laguna; Pueblo of Santa Ana; Assiniboineand Sioux Tribes, of the Fort Peck Reservation; Cheyenneriver Sioux Tribe; Ho-chunk Nation; Lac Du Flambeau Band,of Lake Superior Chippewa Indians; Puyallup Tribe Ofindians; St. Croix Band of Chippewa Indians; Standing Rocksioux Tribe; Yankton Sioux Tribe; Shakopee Mdewakantonsioux (dakota) Community; Prairie Island Indian Communityreservation; the Upper Sioux Community; the Grand Portageband, of Chippewa; Red Lake Band of Chippewa Indians;sisseton-wahpeton Sioux Tribe; Minnesota Chippewa Tribe;mississippi Band of Choctaw Indians; San Manuel Band Ofmission Indians; Cherokee Nation; Chippewa-cree Tribe Ofthe Rockyboy's Reservation; Crow Creek Sioux Tribe;hannahville Indian Community; Mashantucket Pequot Tribe;oglala Sioux Tribe; Rosebud Sioux Tribe; Paiute Indiantribe of Utah; National Congress of American Indians; Amici Curiae,state of Connecticut, Acting by Its Attorney General,richard Blumenthal; State of Arizona, Acting by Itsattorney General, Grant Woods; State of California, Actingby 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 Attorneygeneral, Scott Harshbarger; State of Missouri, Acting Byits Attorney General, Jeremiah W. Nixon; State of Montana,acting by Its Attorney General, Joseph P. Mazurek; State Ofnebraska, 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 Attorneygeneral, James E. Doyle; State of Wyoming, Acting by Itsattorney General, William U. Hill, Amicus on Behalf of Appellant, 106 F.3d 247 (8th Cir. 1996)