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10 ILR 1 (1983)

handle is hein.amindian/indlr0010 and id is 1 raw text is: INDIAN LAW REPORTER A PUBLICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC. January 1983 Volume 10, No. 1 Month-in-Brief UNITED STATES COURTS OF APPEALS Employment: Preference for Indians The Ninth Circuit affirms a district court's finding that a Department of Housing and Urban Development regulation implementing a preference for Indian-owned economic enter- prises in awarding contracts to build housing for Indians does not violate equal protection. Alaska Chapter, Associated General Contractors of America, Inc., et al. v. Pierce, et al., No. 81-3189 (9th Cir., Dec. 17, 1982). Aboriginal Title: Extinguishment Civil Jurisdiction: Rules of Civil Procedure The Fifth Circuit affirms the district court's holding that the Chitimacha Tribe failed to properly file their land claims under the Louisiana Land Claims Acts, thereby forfeiting those claims. Chitimacha Tribe of Louisiana, et al. v. Harry L. Laws Co., et al., No. 80-3348 (5th Cir., Nov. 5, 1982). Taxation: Immunity, Exemption Tribal Property The Ninth Circuit upholds the imposition of federal excise taxes on the operation of the Warm Springs tribal sawmill. Confederated Tribes of the Warm Springs Reservation of Oregon v. Kurtz, No. 81-3503 (9th Cir., Oct. 29, 1982). Water Rights: Claims Against United States The Federal Circuit remands a portion of appellants' dam- ages claim for certain water rights to the Salt River, Arizona, for a determination of possible liability and damages. Gila River Pima-Maricopa Indian Community, et al. v. U.S., No. 236-D (Fed. Cir., Dec. 10, 1982). Health and Safety Treaties with the United States Tribal Sovereignty and Powers The Tenth Circuit affirms the Occupational Safety and Health Commission's decision that the provisions of the Occupational Safety and Health Act are not enforceable against Navajo Forest Products Industries, an Indian tribal business. Donovan v. Navajo Forest Products Industries, et al., No. 80-2251 (10th Cir., Nov. 8, 1982). Hunting, Fishing, Trapping and Gathering Rights: State Control Treaties Water Rights: Winters Doctrine The Ninth Circuit holds that hatchery fish are included in the fish to be apportioned by the Washington State treaties, meaning that Indian fishers have the right to take hatchery fish in common with non-Indian fishers. These treaties, however, do not guarantee an adequate supply of fish to meet the tribes' living needs, nor do they create an absolute right to relief from all state-authorized environmental degradation of the fish habitat that interferes with those living needs. United States, et al. v. Washington, et al., No. 81-3111 (9th Cir., Nov. 3, 1982). UNITED STATES CLAIMS COURT Compensation for Taking by United States Lands: Valuation The Claims Court awards $5,529,339 to the Gila River Pima-Maricopa Indian Community as payment for aboriginal lands taken in 1883. Gila River Pima-Maricopa Indian Com- munity, et al. v. United States, No. 228 (Ct. Cl., Oct. 29, 1982). 0 ILR 1 Copyright © 1983 by the American Indian * ,wyer Training Program, Inc. Rights of redistribution or reproduction belong to copyright owner. ISSN-0097-1154

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