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27 ILR 1 (2000)

handle is hein.amindian/indlr0027 and id is 1 raw text is: INDIAN LAW REPORTER A PUBLICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC. January 2000 Celebrating 27 Years of Service Volume 27, No. 1 I. -I IN MEMORIUM E BROWNING PIPESTEM JULY 19,1943 - AUGUST 2,1999 Month in Brief UNITED STATES COURTS OF APPEALS FEDERAL CIRCUIT Indian Self-Determination and Education Assistance Act For the reasons cited in Babbitt v. Oglala Sioux Tribal Public Safety Department, No. 99-1033, 27 Indian L. Rep. 2001 (Fed. Cir., Oct. 27, 1999), the Federal Circuit reverses the Interior Board of Contract Appeals' grant of summary judgment for the Miccosukee Corporation and the Board's denial of the United States' motion for summary judgment. Babbitt v. Miccosukee Corporation, No. 98-1457, unpublished, 27 Indian L. Rep. 2001 (Fed. Cir., Oct. 29, 1999). Indian Self-Determination and Education Assistance Act Finding that the government's obligation to pay in full the indirect costs associated with the administration of contracts under the Indian Self-Determination and Education Assistance Act (ISDEAA) is subject to the availability of appropriations, the Federal Circuit reverses the Interior Board of Contract Appeals' award of summary judgment that the Oglala Sioux Tribal Public Safety Department is entitled to the full amount of indirect costs for its 1995 fiscal year ISDEAA contracts and remands the case for further proceedings. Babbitt v. Oglala Sioux Tribal Public Safety Department, No. 99-1033, 27 Indian L. Rep. 2001 (Fed. Cir., Oct. 27, 1999). Leasing Statute of Limitations and Laches: Individual Indians Trust Relations: Breach, Claims against Federal Government The Federal Circuit holds that the statute of limitations has expired with respect to the claims of individual Indian allottees that the United States breached a fiduciary duty by failing to review and adjust the rental provisions of a lease. Brown, et al. v. United States, No. 99-5049,27 Indian L. Rep. 2005 (Fed. Cir., Nov. 3, 1999). EIGHTH CIRCUIT Civil Rights. Prisoners' Rights Customs, Traditions and Culture: Religion The Eighth Circuit reverses the district court's grant of sum- mary judgment on the appellant's retaliatory transfer claim and remands for trial, holding that a reasonable jury could find that the appellant was transferred in retaliation for his exercise of his Native American religion and that the transfer would not have otherwise occurred. Rouse v. Benson, et al., No. 98-2707, 27 Indian L. Rep. 2008 (8th Cir., Oct. 12, 1999). NINTH CIRCUIT Alaska Native Claims Settlement Act The Ninth Circuit holds that the Alaska Native Claims Settle- ment Act (ANCSA) does not authorize a private right of action to enforce sections 7(i) and (0) of the Act, and thus the appel- lant may not bring a direct action against the twelve ANCSA regional corporations to contest a section 7(i) settlement. Oli- ver, et al. v. Sealaska Corp., et al., No. 97-36091, 27 Indian L. Rep. 2012 (9th Cir., Sept. 3, 1999). TENTH CIRCUIT Housing In an action in which three tribes challenge the authority of a fourth tribe to construct low-income housing with federal funds in areas that the three tribes assert are under their jurisdiction, the Tenth Circuit affirms the dismissal of the complaint for lack of federal question jurisdiction, dismisses as moot the appeal from the order denying a preliminary injunction, affirms the denial of the motion to disqualify, and vacates the district court's dismissal for failure to join an indispensable party. Sac & Fox Nation of Oklahoma, et al. v. Cuomo, et al., Nos. 97-6317 and 98-6212, 27 Indian L. Rep. 2014 (10th Cir., Oct. 12, 1999). 27 ILR 1 Copyright © 2000 by the American Indian Lawyer Training Proram, In. Rights of redistribution or reproduction belong to the copyright owner. ISSN-0097-1154

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