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14 ILR 1001 (1987)

handle is hein.amindian/indlr0014 and id is 1 raw text is: INDIAN LAW REPORTER UNITED STATES SUPREME COURT PROCEEDINGS (This section reprints entries appearing in the United States Law Week received prior to the 11th day of the month of each Indian Law Reporter issue. Current issues of Law Week should be consulted for corrections or more recent information.) Cases Docketed 86-814 White Mountain Apache Tribe v. Williams 11/17/86, cert., CA 9 (798 F.2d 1205). Indians-civil rights actions-state taxes-attorneys' fees. 55 U.S.L.W. 3412, Dec. 9, 1986 86-784 Cross v. U.S. 10/10/86, cert., CA 9 (792 F.2d 849). Taxation-federal income tax-Native Americans. 55 U.S.L.W. 3394, Dec. 2, 1986 Subject Matter Summary of Cases Recently Filed 86-662 Native Village of Nenana v. Alaska Dep't of Health and Social Services Indian Child Welfare Act-child custody-tribal jurisdic- tion. Ruling below (Alaska Sup. Ct., 722 P.2d 219): Indian tribe's petition to transfer jurisdiction over Indian child custody proceedings from state court to tribe was prop- erly denied where tribe had not been approved by Secretary of Interior to reassume child custody jurisdiction pursuant to 25 U.S.C. § 1918, a statute incorporating Congress' intent, as expressed in PL 83-280 (codified as 28 U.S.C. § 1360), that certain states, including Alaska, have exclusive jurisdiction over matters involving custody of Indian children until such time as particular Indian tribe petitions to reassume jurisdic- tion and Secretary approves such petition. Question presented: Does PL 83-280 withdraw tribal civil jurisdiction, or may tribes subject to its provisions exercise concurrent jurisdiction? Petition for certiorari filed 10/16/86, by Michael J. Wal- leri, of Fairbanks, Alaska. 55 U.S.L.W. 3415, Dec. 9, 1986 86-748 United States ex rel. Chunie v. Ringrose Land claims-aboriginal title. Ruling below (CA9, 788 F.2d 638): By failing to present claims for Santa Barbara Islands and surrounding waters to board of land commissioners as required by Act of March 3, 1851, which required persons claiming title from Spanish or Mexican government to present claims to board for determination of validity Chu- mash Indians lost all rights to islands and surrounding waters. Question presented: Is Act of March 3, 1851, which required any person claiming lands in California by virtue of right or title derived from Spanish or Mexican governments to present their claims to board of land commissioners within two years, applicable to Chumash Indians claiming lands under aboriginal title? Petition for certiorari filed 11/4/86, by Sidney C. Flores, and Flores, Luna & Barrios, both of San Jose, Calif., and Mario Gonzalez, of Black Hawk, S.D. 55 U.S.L.W. 3415, Dec. 9, 1986 86-634 Sanguine, Ltd. v. U.S. Dept. of Interior Procedure-post-judgment intervention-vacation of judg- ment. Ruling below (CA 10, 798 F.2d 389): Principle of res judicata does not apply to Indian lessors whose interests were inadequately represented by government in action concerning oil and gas leases on trust or restricted lands prior to their intervention, and they thus may seek to vacate decrees that were entered before intervention was granted. Question presented: May restricted Indian whose interests were represented in litigation by U.S. seek, after post-judg- ment intervention, vacation of final equitable judgment and decree previously entered on ground that representation by U.S. may have been less than adequate? Petition for certiorari filed 10/16/86, by Kent L. Jones, Orval E. Jones, and Hall, Estill, Hardwick, Gable, Col- lingsworth & Nelson, Inc., all of Tulsa, Okla. 55 U.S.L.W. 3430, Dec. 16, 1986 Review Denied 86-375 White Mountain Apache Tribe v. Hodel Ruling below (CA9, 784 F.2d 921): Under decision in Arizona v. San Carlos Apache Tribe, 463 U.S. 545, 51 LW 5095 (1983), McCarran Amendment removed any limitation that statehood enabling acts or gen- eral federal Indian policy may have placed on state court adjudication of Indian water rights; state court thus has juris- diction to decide Indian tribe's water rights claim, and there- fore dismissal of federal water rights action by Indians, pend- ing parallel state court adjudication, was proper; in addition, federal district court properly dismissed tribe's attempt to challenge state court jurisdiction; no conflict of interest exists in this case brought by tribe against U.S. merely because U.S. also represents tribe as trustee in water rights litigation. 55 U.S.L.W. 3408, Dec. 9, 1986 86-662 Native Village of Nenana v. Alaska Dept. of Health and Social Services Ruling below (Alaska Sup. Ct., 772 P.2d 219): Indian tribe's petition to transfer jurisdiction over Indian child custody proceedings from state court to tribe was prop- erly denied where tribe had not been approved by Secretary of Interior to reassume child custody jurisdiction pursuant to 25 U.S.C. § 1918, a statute incorporating Congress' intent, as expressed in PL 83-280 (codified as 28 U.S.C. § 1360), that certain states, including Alaska, have exclusive jurisdiction over matters involving custody of Indian children until such time as particular Indian tribe petitions to reassume jurisdic- tion and Secretary approves such petition. 55 U.S.L.W. 3408, Dec. 9, 1986 86-748 United States ex rel. Chunie v. Ringrose Ruling below (CA9, 788 F.2d 638): By failing to present claims for Santa Barbara Islands and surrounding waters to board of land commissioners as required by Act of March 3, 1851, which required persons claiming title from Spanish or Mexican government to present claims to board for determination of validity, Chu- mash Indians lost all rights to islands and surrounding waters. 55 U.S.L.W. 3408, Dec. 9, 1986 January 1987 14 ILR 1001

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