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19 ILR 1 (1992)

handle is hein.amindian/indlr0019 and id is 1 raw text is: INDIAN LAW REPORTER A PUBLICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC. January 1992 Volume 19, No. 1 Month-in Brief UNITED STATES SUPREME COURT Taxation The Supreme Court finds that while the Congress ended the federal policy of allotment of Indian lands when it enacted the Indian Reorganization Act of 1934, because the Congress did not expressly repeal section 5 of the General Allotment Act of 1887, the Court holds that section 5 is express author- ity for the taxation of fee-patented land and that the General Allotment Act thus permits Yakima County to impose an ad valorem tax on reservation land patented in fee pursuant to the Act, but does not allow the county to enforce its excise tax on sales of such land. The Court remand for a determina- tion of whether the lands subject to taxation were allotted under the General Allotment Act or some other statutory authority and whether the specific statutory authority should have any effect on the county's authority to impose the ad valorem tax. County of Yakima, et al. v. Confederated Tribes & Bands of the Yakima Indian Nation, No. 90-408, Confederated Tribes & Bands of the Yakima Indian Nation v. County of Yakima, et al., No. 90-577, 19 Indian L. Rep. 1001 (U.S. Sup. Ct., Jan. 14, 1992). UNITED STATES COURTS OF APPEALS Domestic Relations: Custody Jurisdiction, Federal Court Tribal Courts: Jurisdiction The Ninth Circuit affirms the district court's dismissal for lack of jurisdiction, but vacates the district court's declara- tory judgment on the claim of the Colville Confederated Tribes that the state court erred in ruling that the tribe has no jurisdiction to determine the parental rights or rights to child custody of a non-Indian, holding that there is no right of fed- eral court review of a state court ruling until the state supreme court has ruled, and then review is in the U.S. Supreme Court on appeal or by writ of certiorari. Confedera- ted Tribes of the Colville Reservation, et al. v. Superior Court of Okanogan County, et al., No. 89-35829, 19 Indian L. Rep. 2001 (9th Cir., Oct. 3, 1991). Jurisdiction, Federal Court Tribal Courts: Jurisdiction In an action arising out of an automobile accident occur- ring on the Blackfeet Indian Reservation in which the injured parties sought compensation from the manufacturers of alleg- edly defective automobile parts in state court and the manu- facturers removed the action to federal court on the basis of diversity jurisdiction, the Ninth Circuit holds that the district court lacks discretion not to defer the case to tribal court in the absence of a finding that an exception to the doctrine of mandatory deference exists. Crawford, et al. v. Genuine Parts Co., Inc., et al., No. 90-35488, 19 Indian L. Rep. 2003 (9th Cir., Oct. 31, 1991). Leasing: Mineral Rights Statute of Limitations and Laches In an action by individual Navajos alleging a taking of their property in violation of the fifth amendment under a Bureau of Indian Affairs (BIA) practice of crediting interest earned on royalty and lease payments made by oil and gas companies associated with individual Indian lands to BIA administrative accounts and expending such funds for general BIA purposes rather than crediting the funds to the special deposit accounts of each individual, the Federal Circuit holds that the district court failed to cite any support for its ruling in favor of the government's affirmative defense that the stat- ute of limitations bars the action, vacates and remands with instructions that the court should find any controlling facts and provide reasons for its determination that the statute of Iinitations bars appellants' claims and was not tolled. Dawes, et al. v. United States, et al., No. 91-1107, 19 Indian L. Rep. 2004 (Fed. Cir., Oct. 1, 1991). Civil Rights: Prisoners' Rights The Eighth Circuit affirms the district court's grant of summary judgment in favor of the Farmington Correctional Center in an action by a member of the Chickasaw Indian Nation seeking both an injunction to prohibit Missouri prison officials from enforcing a regulation that requires hair to be cut at collar length and an order forcing the construction of a sweat lodge. Kemp v. Moore, No. 90-2903, 19 Indian L. Rep. 2006 (8th Cir., Oct. 7, 1991). 19 ILR 1 Copyright © 1992 by the American Indian Lawyer Training Program, Inc. Rights of redistribution or reproduction belong to copyright owner. ISSN-0097-1154

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