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22 ILR 1 (1995)

handle is hein.amindian/indlr0022 and id is 1 raw text is: January 1995 Volume 22, No. 1 Month in Brief UNITED STATES COURTS OF APPEALS Tribes: Recognition by United States In an action brought by the Golden Hill Paugussett Tribe against the state of Connecticut and certain political subdivi- sions thereof seeking to reclaim land the tribe asserts is its aboriginal territory that was established as a reservation for the tribe and which was sold by the state without the consent of the United States in violation of section 4 of the Indian Trade and Intercourse Act of 1790, the Second Circuit remands to the district court with directions that it stay the proceedings pending the Bureau of Indian Affairs' consider- ation of Golden Hill's claim for tribal recognition, with the duration and termination of the stay to be determined in accordance with the Second Circuit's opinion. Golden Hill Paugussett Tribe of Indians, et al. v. Weicker, Jr., et al., Nos. 93-6227, 93-9059 & 93-9061, 22 Indian L. Rep. 2001 (2d Cir., Oct. 28, 1994). Tribal Courts: Jurisdiction The Ninth Circuit affirms the district court's ruling that the Tribal Court of the Confederated Salish and Kootenai Tribes of the Flathead Reservation has subject matter jurisdiction over wrongful death and survivorship claims arising out of an on-reservation automobile accident involving no tribal mem- bers and personal jurisdiction over the nonmember resident tortfeasor. Hinshaw v. Mahler, et al., No. 93-35199, 22 indi- an L. Rep. 2005 (9th Cir., Nov. 25, 1994). Alaska Native Claims Settlement Act: Native Corporations Revenue Sharing On appeal of a district court ruling that where there is no other practical source of rock, sand and gravel necessary for the development of a surface estate granted to an Alaska Native village corporation under the Alaska Native Claims Settlement Act (ANCSA): (1) the subsurface estate granted to an Alaska Native regional corporation under ANCSA is bur- dened by a servitude that requires the subsurface estate owner to not unreasonably deny the surface estate owner access to rock, sand and gravel necessary for surface development, and (2) the subsurface estate owner has a right to compensation, the Ninth Circuit affirms the district court's ruling but vacates the court's injunction except that which applies to cut-and-fill operations and remands for further proceedings. Koniag, Inc. v. Koncor Forest Resource, et al., Nos. 93-36138 & 93-36164, 22 Indian L. Rep. 2006 (9th Cir., Nov. 4, 1994). Sovereignty: Sovereign Immunity; State Following a Supreme Court ruling that an action brought by the Native Village of Noatak against the Alaska Commis- sioner of the Department of Community and Regional Affairs is barred by the eleventh amendment, upon remand and a ruling by the district court that the repeal of the statute and the regulations challenged by the village renders moot the village's principal claim and the eleventh amendment bars the village's claim for monetary relief, the Ninth Circuit affirms the district court's dismissal and holds that declaratory relief is unavailable where the village's claim is otherwise moot or barred by the eleventh amendment. Native Village of Noatak v. Blatchford, No. 93-35380, 22 Indian L. Rep. 2010 (9th Cir., Oct. 28, 1994). Gaming: Indian Gaming Regulatory Act In consolidated actions, the Ninth Circuit holds the state of California does not have to negotiate with regard to certain gaming activities proposed by several California tribes as sub- jects of a tribal-state compact governing the conduct of class III gaming on Indian lands, based upon its finding that the plain language of the governing statute, the Indian Gaming Regulatory Act, does not require that a state negotiate for games that are not permitted under state law, and affirms the district court's ruling that the state need not negotiate over banked or percentage card games with traditional casino themes, but remands to the district court for the consider- ation of whether California permits the operation of slot machines in the form of state lottery or otherwise. Rumsey Indian Rancheria of Wintun Indians, et al. v. Wilson, et al., Nos. 93-16609 & 93-16745, 22 Indian L. Rep. 2014 (9th Cir., Nov. 15, 1994). ILR 1 Copyright © 1995 by the American Indian Lawyer Training Program, Inc. Rights of redistribution or reproduction belong to copyright owner. ISSN-0097-1154 INDIAN LAW REPORTER A PUBLICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC.

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