United States Ninth Circuit

In this action brought by plaintiff Indian Tribe alleging that defendant Secretary of the US Department of the Interior violated the Administrative Procedure Act by determining that the Department was not authorized to approve the Tribe's assignment's of land, summary judgment in favor of the Secretary is affirmed, where: 1) applying step one of the Chevron analysis, the plain language of 25 U.S.C. section 81 and 25 U.S.C. section 177 revealed that Congressional intent was not for the Secretary to approve agreements under section 81 that would be prohibited under section 177; and 2) section 177 prohibited the conveyance of land from an Indian Tribe unless approved by Congress, which had not approved the transaction here.

Appellate Information

• Decided 09/17/2014
• Published 09/17/2014

Judges

• Thomas

Court

• United States Ninth Circuit

Counsel