On the recordSeptember 26, 1996
As you know, the general authority of the Secretary to take land in trust was struck down as unconstitutional by the U.S. Court of Appeals for the Eighth Circuit in the case of United States Department of the Interior, et al. versus State of South Dakota and City of Oacoma. Does the authority for the Secretary to take newly acquired lands in trust pursuant to the settlement agreement and this act rely on that general authority? Mr. McCAIN. No. The authority for the Secretary of the Interior to take newly acquired lands in trust for the Hopi Tribe pursuant to the settlement agreement is granted solely pursuant to this act.
Source
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