The Assiniboine and Sioux Tribes of the Fort Peck Reservation appeal from the district courts order granting the Secretary of the Interiors motion to dismiss. The Tribes claim that the Secretary of the Interior unlawfully delegated his authority by entering into a Cooperative Agreement with the Board of Oil & Gas Conservation of the State of Montana. The district court dismissed the action, holding that there was no justiciable controversy. We reverse and remand for further proceedings.
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