chapter  4
Diminishment: A Question of Indian Country becomes a Question of Indian Character
ByErin Hogan Fouberg
Pages 40

South Dakota’s efforts to gain jurisdiction over Indian reservations through legislation failed in 1963. However, this failure did not bring an end to jurisdictional questions on the nine reservations within the state. Non-Indians living on fee patent lands within reservation boundaries questioned whether they should be under the jurisdiction of the tribes, and American Indians questioned whether states should have any jurisdiction within the boundaries of their reservation. 1 Central to the jurisdictional quandaries was whether the sale of a parcel of land to non-Indians also vanquished tribal territorial sovereignty over that land.