About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

21 ILR 1 (1994)

handle is hein.amindian/indlr0021 and id is 1 raw text is: January 1994 Volume 21, No. 1 Month-in Brief UNITED STATES COURTS OF APPEALS Federal Authority Over Indian Affairs Trust and Restricted Lands In an action challenging ownership of a fossil, a valuable Tyrannosaurus rex skeleton, which was found on land held in trust for an individual Indian (Williams) within the bounda- ries of the Cheyenne River Sioux Reservation, the Eighth Cir- cuit affirms the district court's ruling and holds that: (1) the fossil is land within the meaning of South Dakota law; (2) the attempted sale of the fossil is void because Williams failed to apply for and secure the approval of the Secretary of the Interior to alienate the fossil; and (3) the United States holds the fossil in trust for Williams pursuant to the trust patent issued to him under the General Allotment Act; but reverses the district court's imposition of Rule 11 sanction, against appellant. Black Hills Institute of Geological Research, et al. v. South Dakota School of Mines, et al., Nos. 93-1600 & 93- 1602, 21 Indian L. Rep. 2001 (8th Cir., Dec. 15, 1993). Civil Jurisdiction: Indian Country Licensing, Businesses Liquor: Federal Authority Tribal Courts: Jurisdiction Taking into account the rulings of the Supreme Court in Rice v. Rehner and United States v. Mazurie, the Eighth Cir- cuit concludes that when the Congress delegated authority to the Cheyenne River Sioux Tribe to regulate liquor traffic on fee lands owned by non-Indians in non-Indian communities within the tribe's reservation, it delegated authority allowing the tribe to impose both the tribal liquor control ordinance and the business license ordinance on appellees, an American Legion Club, a non-Indian individual, and the South Dakota cities of Timber Lake, Isabel and Duipree, all of whom oper- ate liquor establishments within the Cheyenne River Sioux Reservation on fee-patented lands in the cities. City of Tim- ber Lake, et al. v. Cheyenne River Sioux Tribe, et al., No. 93- 1148SD, 21 Indian L. Rep. 2005 (8th Cir., Nov. 29, 1993). Hunting, Fishing, Trapping and Gathering Rights Sovereignty: Sovereign Immunity; Tribal The Sixth Circuit affirms the district court's dismissal of an action brought by the Keweenaw Bay Indian Community to enforce fishing rights against various parties on the grounds that the Bad Ril er Band of Lake Superior Chippewa Indians and the Red Cliff Band of Lake Superior Chippewa Indians are indispensable parties that cannot be joined because of tribal sovereign immunity, and affirms the district court's denial of a preliminary injunction. Keweenaw Bay Indian Community v. Michigan, et al., No. 93-1118, 21 Indian L. Rep. 2007 (6th Cir., Dec. 14, 1993). Taxation: Income, Federal In an al )eal of the United States Tax Court's determina- tion that appellants were not exempt from federal income tax- ation under various treaties between the Six Nations Iroquois Confederacy and the United States and that they were subject to both late filing and negligence penalties on the basis of their unexcused two-week delay in filing their return, the Third Circuit affirms the court's ruling that appellants, as members of the St. Regis Mohawk Nation, are not exempt from federal income taxation but reverses the tax court on the issue of negligence, finding that the appellants asserted their claim of exemption in good faith. Lazore v. Commissioner of Internal Revenue Service, No. 92-7667, 21 Indian L. Rep. 2010 (3d Cir., Dec. 6, 1993). Taxation Trade and I ntercourse Act The Ninth Circuit Court of Appeals issues an order amend- ing its Octol zr 1, 1993 opinion in this matter. Lummi Indian Tribe v. Whatcom County, et al., No. 91-35622, 21 Indian L. Rep. 2015 (9th Cir., Dec. 23, 1993). 21 ILR 1 Copyright © 1994 by the American Indiaz. I kwyer Training Program, Inc. Rights of redistribution or reproduc, o_ ,ong to copyright owner. ISSN-0097- '54 INDIAN LAW REPORTER A PUBLICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most