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

24 ILR 1 (1997)

handle is hein.amindian/indlr0024 and id is 1 raw text is: INDIAN LAW REPORTER A PUBLICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC. January 1997 Volume 24, No. 1 [I Month in Brief1 UNITED STATES COURTS OF APPEALS Editor's Note: The Second Circuit Court of Appeals has issued a corrected version of its August 23, 1996 decision in Niagara Mohawk Power Corp. v. Tonawanda Band of Seneca Indians, et al., published in October 1996 at 23 Indian L. Rep. 2203. The fol- lowing changes should be noted. At 23 Indian L. Rep. 2203, 1st column, the last line of the column (which now reads: we need not rule on the district court's alternative ruling. We) is changed to read: we need not rule on the alternative ground for the district court's decision. We. At 23 Indian L. Rep. 2205, 1st column, 2nd full paragraph, the following changes should be made. At the end of the 10th line of the 2nd full paragraph, closing quotation marks () should be inserted following the semi-colon; at the beginning of the 17th line of the 2nd full paragraph, opening quotation marks () should be inserted between the parenthesis and the word '14 ippily'. At 23 Indian L. Rep. 2206, 1st column, 6th line from twe top of the column, closing quotation marks () should be inserted near the end of that line between the word 'court' and the closing parenthesis. Alaska Native Claims Settlement Act Indian Country Rights-of-Way and Easements Taxation Affirming the district court, the Ninth Circuit holds that land in the state of Alaska which is subject to a federal right-of-way for the Trans-Alaska Pipeline is not Indian Country because such land is not subject to Alaska Native land selection under the Alaska Native Claims Settlement Act and thus is not set aside for the use of Alaska Natives, and concludes that the Native Village of Kluti Kaah Council is not a dependent Indian community and thus may not impose its business activities tax on the Alyeska Pipeline Service Company. Alyeska Pipeline Service Company, et al. v. Kluti Kaah Native Village of Copper Center, et al., No. 95-36292, 24 Indian L. Rep. 2001 (9th Cir., Nov. 20, 1996). Customs, Traditions and Culture: Protection of Artifacts and Burial Grounds Leasing- Mining Sovereignty- Sovereign Immunity; Tribal The Ninth Circuit affirms the district court's dismissal of an action brought by a member of the Navajo Nation challenging a condition of a mining lease that is intended to protect the sacred burial sites of the Navajo Nation and the Hopi Tribe on the grounds that the tribes are necessary and indispensable par- ties that cannot be joined in the action because the tribes have not waived their sovereign immunity. Kescoli v. Babbitt, et al., No. 94-17125,24 Indian L. Rep. 2003 (9th Cir., Nov. 22, 1996). Indian Civil Rights Act Indian Gaming Regulatory Act Tribal Law: Elections in a challenge to a tribal government's per capita distribution of gaming revenues, the Eighth Circuit affirms the district court's orders granting summary judgment and dismissing the action on the grounds that the matter is essentially an intra-tribal dispute over which the court lacks jurisdiction, and finding that the case is properly left to tribal authorities. Smith, et al. v. Babbitt, et al., Nos. 95-1784 & 95-3392, 24 Indian L. Rep. 2006 (8th Cir., Nov. 7, 1996). Alaska Native Claims Settlement Act Indian Country Taxation Reversing the district court and finding that the Alaska Native Claims Settlement Act (ANCSA) effects a federal set aside of lands for the benefit of Alaska Natives and that federal superintendence of Alaska Natives is preserved by the Act, the Ninth Circuit holds that the ANCSA does not extinguish Indian Country in Alaska and that the Native Village of Venetie qualifies as a dependent Indian community occupying its territory as Indian Country, and remands to the district court for a determination of whether Venetie has the power to 24 ILR 1 Copyright © 1997 by the American Indian Lawyer Training Program, Inc. Rights of redistribution or reproduction belong to the copyright owner. ISSN-0097-1154

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