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30 ILR 1 (2003)

handle is hein.amindian/indlr0030 and id is 1 raw text is: INDIAN LAW REPORTER A PUBLICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC January 2003 Celebrating 30 Years of Service Volume 30, No. 1 Fr Month in Brief 1 UNITED STATES COURTS OF APPEALS SECOND CIRCUIT Taxation: by Local Governments The Second Circuit affirms the district court's holding that fee land owned by the plaintiff within the exterior boundaries of the St. Regis Mohawk Reservation is subject to Franklin County's ad valorem tax. Thompson v. County of Frmnklin, et al., No. 01-7107,30 Indian L. Rep. 2001 (2d Cir., Dec. 9,2002). NINTH CIRCUIT Voting The Ninth Circuit affirms the district court's conclusion that the totality of circumstances did not establish vote dilution under section 2 of the Voting Rights Act, 42 U.S.C. § 1973, in the districts where the appellants resided. Old Person, et al. v. Brown, et al., No. 02-35171, 30 Indian L. Rep. 2010 (9th Cir., Dec. 4,2002). Taxation: Federal Tiwaties with United States The Ninth Circuit concludes that there is no express -exemp- tive language in the 1855 Yakama Treaty to exempt a business -owned by a member of the Yakama Indian Tribe that cuts timber on the reservation and hauls the lumber to off-reserva- tion markets-from sections 4481 and 4041 of the -Internal Rev- enue Code, 26 U.S.C. § 4481, imposing a federal tax on heavy vehicles and diesel fuel respectively, and thus reverses the dis- trict court's judgment and orders the grant of sumiary judg- ment to the United States. Ramsey, et al. v. United States, No. 01-35014,30 Indian L. Rep. 2017 (9th Cir., Sept. 11, 2002). TENTH CIRCUIT Contracts: Federal Authority over Indian Sef-Determination and Education Assistance Act The Tenth Circuit affirms the judgment of the district court that the requirements imposed by the Indian Self-Determina- tion and Education Assistance Act that the Indian Health Ser- vice provide funding for contract support costs for existing and new and expanded contracts is subject to the availability of appropriations Cherokee Nation of Oklahoma, et al. v. Thomp- son, et al., No. 01-7106,30 Indian L. Rep. 2019 (10th Cir., Nov. 26,2002). ELEVENTH CIRCUIT Environmental Regulation The Eleventh Circuit reverses the district court's dismissal of all of the defendants except the Southern Everglades Restora- tion Alliance and its executive director in an action seeking to prevent federal agencies from acting upon the recommenda- tions of the Southern Everglades Restoration Alliance. Micco- sukee Tribe of Indians of Florida v. Southern Everglades Restor- ation Alliance, et al., No. 01-16226,30 Indian L. Rep. 2024 (11th Cir., Sept. 4,2002). FEDERAL CIRCUIT Employment The Federal Circuit affirms the district court's conclusion that an operating room nurse employed by the Indian Health Ser- vice is exempt from overtime compensation provisions of the Fair Labor Standards Act, 29 U.S.C. § 207, and her activities are not sufficiently restricted during the periods in which she is required to be on-call to warrant payment under the Federal Employees Pay Act, §§ 5544-45. Huskey v. Trujillo, No. 02-1022, 30 Indian L. Rep. 2029 (Fed. Cir., Aug. 30,2002). UNITED STATES DISTRICT COURTS DISTRICT OF DISTRICT OF COLUMBIA Tribes Recognition by United States In an action brought by an Indian tribe seeking an injunction to direct the Interior Department to place the Tribe on the Department's list of federally-recognized tribes, the district court holds that the Tribe has failed to exhaust its administra- tive remedies and thus the court lack subject matter jurisdiction over the action. Burt Lake Band of Ottawa and Chippewa Indi- ans v. Norton, et al., No. Civ.A. 01-703(RWR), 30 Indian L. Rep. 3001 (D.D.C., Aug. 26,2002). 30 ILR 1 Copyright © 2003 by the American Indian Lawyer Training Program, Inc. Rights of redistribution or reproduction belong to the copyright owner. ISSN-0097-1154

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