In 1995, South Dakota challenged the authority of the Interior Secretary, under the IRA, to take of land into trust on behalf of the Lower Brule Sioux Tribe (based on the Lower Brule Indian Reservation), in "South Dakota v. United States Dep't of the Interior", 69 F.3d 878, 881-85 (8th Cir. 1995). The Eighth Circuit Court of Appeals found Section 5 of the IRA to be unconstitutional, ruling that it violated the non-delegation doctrine and that the Secretary of Interior did not have the authority to take the land into trust.