(specially concurring).
This case involved Indian people, Indian affairs, Indian Safety Commission, and Indian courts (Oglala Sioux Tribal Court) and a tribal appellate court.
This case entirely developed within the exterior confines of the Pine Ridge Indian Reservation.
The South Dakota Supreme Court has recognized the integrity of the tribal courts concerning the internal affairs of Indians residing within the boundaries of an Indian reservation wherein the factual scenario encompassed an involvement of Indian matters. Application of Defender, 435 N.W.2d 717, 722 (S.D.1985) (Tribal courts have been recognized as appropriate forums for the exclusive adjudication of disputes affecting important personal and property interests of Indians) (Henderson, J., concurring in result). Matter of Guardianship of Sasse, 363 N.W.2d 209, 211 (S.D.1985) (State court lacked subject-matter jurisdiction over cause of action seeking to surcharge Indian for his alleged defalcations as guardian of his mother’s estate where application of state law would interfere with right of Indian reservation self-government); Matter of Guardianship of D.L.L. and C.L.L., 291 N.W.2d 278, 281 (S.D.1980) (The Tribal Court is the proper forum for determination of the welfare of Indian children who were residents and domiciliaries of the reservation).
However, we cannot restrict ourselves to a review of the law, on a case such as this, under settled South Dakota law. We must examine federal authority. See, State v. Spotted Horse, 462 N.W.2d 463, 467 (S.D.1990); Rosebud Sioux Tribe v. South Dakota, 900 F.2d 1164, 1169 (8th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 2009, 114 L.Ed.2d 98 (1991). It is the tribal courts which have jurisdiction and the obligation to determine tribal law. They have final authority thereon. Santa Clara Pueblo v. Martinez, 436 U.S. 49, 65, 98 S.Ct. 1670, 1681, 56 L.Ed.2d 106, 123 (1978), see also, Williams v. Lee, 358 U.S. 217, 223, 79 S.Ct. 269, 270, 3 L.Ed.2d 251, 253 (1959).
It is well established, by federal authority, that Indian tribes retain attributes of sovereignty over their members and the tribe’s authority. Two federal cases, Iowa Mutual Insurance Company v. LaPlante, 480 U.S. 9, 107 S.Ct. 971, 94 L.Ed.2d 10 (1987) and United States v. Turtle Mountain Housing Authority, 816 F.2d 1273, 1276 (8th Cir.1987) support this statement. Tribal Judge Patrick Lee determined that the contract funds in question were specifically dedicated to law enforcement functions. This, therefore, appears to be an internal tribal controversy. Therefore, the tribal court is the proper forum to decide the issue — not a trial court in the South Dakota state court system. Weeks Construction, Inc. v. Oglala Sioux Housing Authority, 191 F.2d 668, 673-74 (8th Cir.1986).
The entire crux of this appeal lie in One Feather’s failure to timely pursue his appeal, procedurally, under the tribal code.* True, a Notice of Appeal was filed from the Findings, Conclusions and Order of Tribal Judge Lee. However, One Feather failed to file a written brief. Thereupon, the Tribal Court of Appeals dismissed the appeal, without prejudice, and affirmed the tribal (trial) court’s findings, conclusions and order. The official designation of said court is “The Oglala Sioux Tribal Court of Appeals, Oglala Sioux Tribe, Pine Ridge *51Indian Reservation.” It has a Chief Judge and two other judges on a 3 judge panel. Simply put, One Feather had a forum; he started the case there; he appealed to that forum; he then failed to complete the legal proceedings which began in the tribal court. One Feather, essentially, precluded the appellate court from an opportunity to act to a fulfillment of its duty to its Indian brothers. These tribal courts and appellate courts must have a “... full opportunity to consider the issues before them and to rectify any errors.” LaPlante, 480 U.S. at 16, 107 S.Ct. at 976.
In my opinion, this Court’s base holding should be: The circuit court, in effect, failed to recognize the specific ruling of the Oglala Sioux Tribal Court which declared that One Feather could not execute upon funds held by the Oglala Sioux Tribe Public Safety Commission, said funds held by virtue of a contract (Public Law 93-638 Contract) between the Tribe and the United States Government pertaining to the functions of law enforcement upon the Pine Ridge Indian Reservation. Scholars of Indian law begin their research with Chief Justice John Marshall’s opinion in the historic case of Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1, 8 L.Ed. 25 (1831). It is the womb of Indian law in these United States. And this particular tribal court, on the rolling prairie of South Dakota, is one of its children. Thereunder, the United States Congress and the United States Supreme Court has refused to abolish tribal sovereignty. We, on this Court, owe an obligation to follow these federal dictates and holdings.
Through the power of 25 C.F.R. § 271.-54(f) and the federal decisions consonant with the thoughts above expressed, I would reverse the state trial court.
Chapter 1, Section 6.4.2(3), OST Revised Code provides: "Appellant shall have Attorney file written brief, the original and three (3) copies to be filed with the Clerk of Court and one (1) copy sent to opposing party within fifteen days of the date on which notice of appeal was filed.”