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29 ILR 1 (2002)

handle is hein.amindian/indlr0029 and id is 1 raw text is: / INDIAN LAW REPORTER I A PUBLICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC. January 2002 Celebrating 29 Years of Service Month in Brief UNITED STATES COURTS OF APPEALS DISTRICT OF COLUMBIA CIRCUIT Environmental Regulation The District of Columbia Court of Appeals holds that the Clean Air Act requires the Environmental Protection Agency to make a determination of state or tribal government jurisdic- tion, including areas where state or tribal jurisdiction is not clear, and that the statute does not grant the agency authority to confer Indian Country status on lands where state or tribal jurisdiction is in question. Michigan v. Environmental Protec- tion Agency, Nos. 99-1151 through 99-1155,29 Indian L. Rep. 2001 (D.C. Cir., Oct. 30,2001). SIXTH CIRCUIT Gaming: Indian Gaming Regulatory Act Construing the terms of the tribal-state compacts entered into between the State of Michigan and seven Indian tribes under the authority of the Indian Gaming Regulatory Act, the Sixth Circuit holds that once two other tribes had satisfied all the contractual and legal prerequisites for offering games of chance to the public, the seven tribes stopped owing payments to the State of Michigan. Sault Ste. Marie Tribe of Chippewa Indians, et al. v. Engler, No. 00-1277,29 Indian L. Rep. 2006 (6th Cir., Nov. 7,2001). NINTH CIRCUIT Alaska Native Allotment Act The Ninth Circuit affirms the district court's dismissal of applications for allotments under the Alaska Native Allotment Act but on different grounds, finding that the IBLA's denial of the applications was not arbitrary and capricious or an abuse of discretion, the Interior Department's interpretation of its own regulation is entitled to deference, and the record fully supports the decisions on the merits. Akootchook, et al. v. United States, et al., No. 00-35325, 29 Indian L. Rep. 2007 (9th Cir., Nov. 8, 2o01) Indian Civil Rights Act Jurisdiction, Federal Court Tribal Courts: Jurisdiction The Ninth Circuit holds that the imposition of a fine by a tribal court does not constitute detention for purposes of habeas corpus review by a federal court under the Indian Civil Rights Act and affirms the district court's dismissal. Moore v. Nelson, Jr., et al., No. 00-15754,29 Indian L Rep. 2011 (9th Cir., Oct. 26, 2001). Federal Benefits, Entitlement to The Ninth Circuit holds that the Indian Health Service's interpretation of the provisions of acts of Congress appropriat- ing funds for the operation of programs under the Indian Self- Determination and Education Assistance Act was consistent with congressional intent and reverses the district court's award of additional funding for contract support costs. Shoshone-Ban- nock Tribes of the Fort Hall Reservation v. Secretary, Depart- ment of Health and Human Services, et aL, Nos. 98-36022 and 99-35951, 29 Indian L Rep. 2012 (9th Cir., Oct. 16,2001). UNITED STATES DISTRICT COURTS DISTRICT OF MINNESOTA Settlements: Land Claims In an action seeking review of the Bureau of Indian Affairs' determination regarding the amount of compensation due to the heirs of an allottee pursuant to the White Earth Land Set- tlement Act, the district court adopts the report and recommen- dation of the magistrate judge. Estate of Van Wert, et al. v. United States, et al., No. 95-753 JRT/RLE, 29 Indian L. Rep. 3001 (D. Nz,&Pt. 25,2001). 29 ILR 1 Copyright © 2002 by the American Indian Lawyer Training Programl, Inc. Rights of redistribution or reproduction belong to the copyright owner. ISSN-0097-1154 Volume 29, No. 1

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