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23 ILR 1 (1996)

handle is hein.amindian/indlr0023 and id is 1 raw text is: INDIAN LAW REPORTER A PUBLICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC. January 1996 Volume 23, No. 1 Month in Brief UNITED STATES COURTS OF APPEALS Allotments The Ninth Circuit affirms the district court's dismissal for lack of subject matter jurisdiction on the grounds of the United States' immunity from suit under the Quiet Title Act, an action brought by the state of Alaska challenging the authority of the Bureau of Land Management within the U.S. Department of the Interior to condition the grant of an allot- ment to an Alaska Native upon a 1969 right-of-way grant to Alaska but granting a preference to the allottee's right to the land on the basis that the right takes precedence over Alaska's other claims to the land that arose after the allottee's 1964 use and occupation of the land. Alaska v. Babbitt, et al., No. 94-35677, 23 Indian L. Rep. 2001 (9th Cir., Oct. 5, 1995). Employment: Preference fa- Indians Tribal Law: Applicability to Nonmembers In an appeal of an action for declaratory and injunctive relief sought by the Arizona Public Service Company (APS) challenging the authority of the Navajo Nation to regulate APS's employment policies at a plant located on the Navajo Reservation, the Ninth Circuit affirms the district court's grant of an injunction on the grounds relied upon by the dis- trict court, finding that the Navajo Nation waived whatever authority it may have had to regulate APS's employment policies pursuant to tribal law by the terms of the lease doc- uments entered into with APS. Arizona Public Service Co. v. Aspaas, et al., Nos. 93-17075 & 93-17079, 23 Indian L. Rep. 2003 (9th Cir., Nov. 7, 1995). Hunting, Fishing, Trapping and Gathering Rights The Ninth Circuit affirms: (1) the district court's holding that the Secretary of Commerce did nut violate the Magnuson Fishery Management and Conservation Act, when he issued an emergency regulation reducing the ocean, har- vest rate of Klamath River chinook for the fall 1993 ,.;ason to protect the exercise of federally reserved fishing rights vested in the Hoopa Valley and Yurok tribes by 1876 and 1891 Executive Orders and the 1988 Hoopa-Yurok Settlement Act, and that such rights constituted any other applicable law for purposes of the Secretary's Magnuson Act authority to take into consideration other applicable laws in reviewing fishery management policies; and (2) the district court's dismissal of claims alleging that the Secretary of the Interior violated the provisions of the Klamath River Basin Fishery Resources Restoration Act and the Trinity Basin Act by failing to enforce limitations on Indian fishing in the Klamath River, on the grounds that there is no basis for judicial review under the Administrative Procedure Act. Parravano, et al. v. Masten, et al., No. 94-16727, 23 Indian L. Rep. 2006 (9th Cir, Nov. 16, 1995). Criminal Jurisdiction The Eighth Circuit affirms the district court's conviction and sentencing of an illegal alien who entered a conditional guilty plea to being a felon in possession of a firearm and illegally reentering the United States, rejecting appellant's assertion that the federal government lacks jurisdiction to prosecute him on the basis that the crimes were committed on the reser- vation of the Oglala Sioux Tribe, that he is married to a tribal member, and that the tribe has exclusive jurisdiction. United States v. Toledo, No. 95-2178SD, 23 Indian L. Rep. 2010 (8th Cir., Nov. 29, 1995). 23 ILR 1 Copyright © 1996 by the American Indian Lawyer Training Program, Inc. Rights of redistribution or reproduction belong to copyright owner.

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