95 Cal. Daily Op. Serv. 6995, 95 Daily Journal D.A.R. 11,993 Marvin K. Youpee, Sr. Cary G. Youpee Darlan D. Youpee Allen F. Youpee Helen Youpee-Ricker Williamette Y. Bussard v. Bruce Babbitt, Secretary, Department of Interior, and His Agents, Assigns, and Successors in Office

67 F.3d 194 95 Cal. Daily Op. Serv. 6995 , 95 Daily Journal D.A.R. 11,993 Marvin K. YOUPEE, Sr.; Cary G. Youpee; Darlan D. Youpee; Allen F. Youpee; Helen Youpee-Ricker; Williamette Y. Bussard, Plaintiffs-Appellees, v. Bruce BABBITT, Secretary, Department of Interior, and his Agents, Assigns, and Successors in office, Defendant-Appellant. No. 94-35415. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 8, 1995. Decided Sept. 5, 1995. Lois J. Schiffer and Andrew C. Mergen, United States Department of Justice, Washington, DC, for the defendant-appellant. Rene A. Martell, Montana Legal Services, Wolf Point, Montana, for the plaintiffs-appellees. Appeal from the United States District Court for the District of Montana. Before: WRIGHT, BEEZER and HAWKINS, Circuit Judges. OPINION BEEZER, Circuit Judge: 1 Congress has tried for many years to solve the problem of fractionation of Indian lands. The Supreme Court held Congress' first effort, Section 207 of the Indian Land Consolidation Act, an unconstitutional taking without just compensation. Congress' second effort, amended Section 207, is before us now. 2 The district court held that amended Section 207 of the Indian…