The Indian Claims Commission, created by Congress in 1946, provided a forum — but also one with significant limitations in what it could consider and what remedies it could award.

The Black Hills claim went through the Court of Claims, through the Indian Claims Commission, and through multiple rounds of appeals.

In 1942, the Court of Claims dismissed the case entirely.

The Sioux obtained special congressional legislation to revive the claim in 1946, allowing the Indian Claims Commission to hear it.

The commission ruled in their favor in 1974, finding that the 1877 act constituted a taking requiring compensation under the Fifth Amendment.

The Court of Claims affirmed that decision in 1979.