Confederated Tribes of the Chehalis Indian Reservation v. Lujan

129 F.R.D. 171, 1990 U.S. Dist. LEXIS 781, 1990 WL 4970
CourtDistrict Court, W.D. Washington
DecidedJanuary 8, 1990
DocketNo. C89-58R
StatusPublished
Cited by5 cases

This text of 129 F.R.D. 171 (Confederated Tribes of the Chehalis Indian Reservation v. Lujan) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Confederated Tribes of the Chehalis Indian Reservation v. Lujan, 129 F.R.D. 171, 1990 U.S. Dist. LEXIS 781, 1990 WL 4970 (W.D. Wash. 1990).

Opinion

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

ROTHSTEIN, Chief Judge.

THIS MATTER comes before the court on defendants’ motion to dismiss and the parties’ cross-motions for summary judgment. Having reviewed the motions, together with all documents filed in support and in opposition, having heard oral argument, and being fully advised, the court finds and rules as follows:

I. FACTUAL BACKGROUND

The plaintiffs in this case are a group of Indian tribes and nine individual Indians 1. Plaintiffs bring this action seeking specific declaratory and injunctive relief enjoining the Secretary of the Interior from dealing with the Quinault Indian Nation (or Tribe) as the sole governing body of the Quinault Indian Reservation, located on the Olympic Peninsula of Washington. Plaintiffs further seek a court order enjoining the Secretary to recognize as the Reservation’s governing body a group constituted of the multiple Indian tribes for which, plaintiffs argue, the Reservation was created. This action is sought pursuant to 25 U.S.C. § 476, section 16 of the Indian Reorganization Act. Finally, plaintiffs seek an injunction for the Secretary to halt activities involving the Quinault Tribal Highway Project on the Peninsula until such time as the project application is ratified by the newly recognized governing body.

The defendant, the United States government, has brought a motion to dismiss the action based on five separate grounds, including the government’s sovereign immunity from suit, expiration of the statute of limitations, the political question doctrine, failure to exhaust administrative remedies, and failure to name an indispensable party.

The parties have also cross-moved for summary judgment as to the Quinault Indian Tribe’s status as the recognized governing authority for the Quinault Reservation.

A. History of the Reservation

The first governmental attempt at negptiations with the various Olympic Peninsula Indian groups occurred in 1855 at the Chehalis River Treaty Council. Governor Isaac Stevens convened the meeting of all coastal and interior tribes in the area. It was his intention to place all these tribes on a single reservation. Virtually all the tribes refused to accept such a plan and Governor Stevens dismissed the Treaty Council.

Although the negotiations failed to achieve their full purpose, the meetings did result in a treaty between the U.S. and the Quinaults and Quileutes. Aides of the Governor met with the two tribes and produced what is known as the Treaty of Olympia, which was signed by the Governor in 1856. Article VI of the Treaty provided that the President “may consolidate them (the Quinault and Quileute) with other friendly tribes and bands” on that reservation.

A 220,000 acre reservation was finally created by Executive Order of November 4, 1873. By this order, President Grant stat[173]*173ed that he intended “to provide for other Indians in that locality” by withdrawing lands from the public domain “for the use of the Quinaielt, Quillehute, Quit, and other tribes of fish-eating Indians on the Pacific coast.”

The Quileute and Hoh Tribes refused to locate on the Quinault Reservation and were established on separate reservations created by Executive Order of February 19, 1989 (Quileute) and Executive Order of September 11, 1893 (Hoh). The government also established the Chehalis and Shoalwater Bay Reservations, and remnants of several groups not signatory to any treaty, including Chehalis, Chinook, Cowlitz, Clatsop and others, were consolidated on those reservations in Executive Orders of October 1, 1886 and September 22, 1886.

Pursuant to the Allotment Act of February 8, 1887 (24 Stat. 388), allotments were made on the Reservation by the turn of the century. However, the tribes which were affiliated on the Reservation by the Executive Order were having difficulty in obtaining allotments, particularly as land was scarce on the Chehalis and Shoalwater Bay Reservations. Congress sought to remedy this situation through the Allotment Act of March 4, 1911 (36 Stat. 1345).

The Allotment Act of 1911 directed the Secretary of the Interior to make allotments on the Quinault Reservation “to all members of the Hoh, Quileute, Ozette or other tribes of Indians in Washington who are affiliated with the Quinaielt and Quileute tribes in the treaty (of Olympia) ... and who may elect to take allotments on the Quinaielt2 Reservation rather than on the reservations set apart for those tribes.”

By about 1916, the allotment process on the Reservation was halted because all the agricultural and grazing land had been allotted and the BIA Forestry staff concluded that timber land should not be allotted. The allotment process was resumed in the mid-1920s in the wake of the Supreme Court’s decision in United States v. Payne, 264 U.S. 446, 44 S.Ct. 352, 68 L.Ed. 782 (1924).

The next series of allotments primarily were made to Quileutes, Hohs and Quits residing on the Reservation. Few allotments were being made to Chinook, Cowlitz, Makah or Chehalis Indians, so they were forced to litigate their entitlements in Halbert v. United States, 283 U.S. 753, 51 S.Ct. 615, 75 L.Ed. 1389 (1931). The Supreme Court held that the Hoh, Quits, Chehalis, Chinook and Cowlitz all were entitled to take allotments on the Quinault Reservation as a matter of law because of their “post-treaty affiliation” with the signatory tribes of the Treaty of Olympia. The Court held that personal residence on the Reservation was not necessary to obtain an allotment.

During the mid-1940’s, litigation was initiated over a boundary dispute on surveyed Quinault Reservation land, resulting in a Court of Claims opinion recognizing that the Chinook, Quileute, Hoh, Quit, Chehalis, Cowlitz and Ozette tribes had certain rights equal to those of the Quinaielt Indians. See, The Quinaielt Tribe of Indians v. U.S., 102 Ct.Cl. 822 (1945).

Further litigation over the boundary dispute and related damages resulted in a special and limited statute, the Act of July 24, 1947 (61 Stat. 416), which permitted the Quinault Tribe to litigate the claim on behalf of itself and the affiliated tribes. Legislative recognition of the Tribe as the primary party for litigation was limited to the scope of that legal action.

Litigation involving similar issues of treaty rights for multiple tribes, continued into this decade. In Wahkiakum Band of Chinook Indians v. Bateman, 655 F.2d 176 (1981), an entity of the Chinook Tribe litigated its claim to assert federally protected fishing rights on the Reservation. Williams v. Clark, 742 F.2d 549 (1984) was a significant decision involving the property rights of a Quileute tribe member. Citing the prior cases on the various rights of the post-treaty affiliated tribes, the Ninth [174]

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Bluebook (online)
129 F.R.D. 171, 1990 U.S. Dist. LEXIS 781, 1990 WL 4970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/confederated-tribes-of-the-chehalis-indian-reservation-v-lujan-wawd-1990.