Duncan v. United States

667 F.2d 36, 229 Ct. Cl. 120, 1981 U.S. Ct. Cl. LEXIS 611
United States Court of Claims·Decided December 2, 1981·No. No. 10-76·Published·Cited by 60 cases

Opinions

DAVIS, Judge,

delivered the opinion of the court:

This is our second consideration of this Indian breach-of-trust case. In the previous decision (Duncan v. United States, 220 Ct. Cl. 1, 597 F.2d 1337 (1979)), we held that the court had cognizance of the claims under 28 U.S.C. § 1491, and that the plaintiffs had a right to recover on much (though not all) of their demands. On the Government’s petition for certiorari, the Supreme Court vacated our judgment and remanded the case "for further consideration in light of United States v. Mitchell, 445 U.S. 535 (1980).” United States v. Duncan, 446 U.S. 903 (1980). On that remand, we received further briefs and had oral argument. We have reconsidered the case, not only in the light of the Supreme Court’s Mitchell ruling, but also of our recent en banc decision in Mitchell II, Mitchell v. United States, ante, [122] at 1, 664 F. 2d 265. (likewise on remand from the Supreme Court)*. We adhere to our prior holding, with some modifications.

I

Background

Plaintiffs, Pomo Indians of the Robinson Ranchería in Northern California, have attacked the termination by the United States of their ranchería status in 1965. In the companion District Court case against the Secretary of the Interior (and other federal officials), Duncan v. Andrus, 517 F. Supp. 1 (N.D. Cal. 1977), they obtained declaratory and injunctive relief grounded on that court’s determination that the termination was unlawful. No appeal was taken from that decision. In the present suit (initially part of the District Court litigation but transferred here under 28 U.S.C. § 1406(c)), claimants seek monetary recovery for damages resulting from the invalid termination. They have moved for partial summary judgment on liability, mainly urging that the 1965 termination was a breach of trust and rendered the Federal Government responsible for various pecuniary damages. Defendant has cross-moved to dismiss for lack of jurisdiction and because plaintiffs’ claims are allegedly barred by the statute of limitation.

The facts on which we base this decision are presented in plaintiffs’ uncontested affidavit and in the exhibits accompanying their motion for partial summary judgment. The primary exhibit is a detailed "Agreed Statement of Facts,” filed by both sides (plaintiffs and the defendant Government officials) in the District Court case, Duncan v. Andrus, supra. This "Agreed Statement” was specifically adopted by the District Court. That court’s opinion (which also contains its independent findings) is likewise a source of underlying predicates for our determination; under the principles of collateral estoppel there can be no relitigation of the issues determined in that related proceeding by the same plaintiffs against high federal officials (acting in their official [123] capacity). See, e.g., Edgar v. United States, 145 Ct. Cl. 9, 171 F. Supp. 243 (1959); McGinty v. United States, 151 Ct. Cl. 399, 403 (1960), cert. denied, 368 U.S. 867 (1961); Restatement (Second) of Judgments, § 80, Comment e at 22-23, Reporter’s Note at 29 (Tent. Draft No. 2,1975).1

Rancherías are numerous small Indian reservations or communities in California, the lands for which were purchased by the Government (with Congressional authorization) for Indian use from time to time in the early years of this century — a program triggered by an inquiry (in 1905-06) into the landless, homeless or penurious state of many California Indians. We are now concerned with the Robinson Ranchería (in Lake County California) which consists of the Ranchería proper and a nearby uninhabited wood reserve, known as the "woodlot.” The Ranchería land was purchased in 1909 under authorization contained in Indian appropriations acts of 1906 and 1908. The Ranchería was occupied by a California band of Porno Indians and the land was informally assigned to families of that band.

After several investigations and much debate, Congress in 1958 passed an act providing for the termination of various rancherías and reservations, including the Robinson Ranchería, Pub. L. No. 85-671, 72 Stat. 619 (1958) (the "Ranchería Act”). This law provided for termination of the special status (as Indian lands) of various California ranche-rías upon approval by a majority of the affected Indians of a final distribution plan. Section 3 of the Act directed the Secretary to undertake various construction projects and improvements on the Indian land before conveying it under the distribution plan. Section 3(c), which founds most of the gravamen of plaintiffs’ complaint, required the Secretary to, "install or rehabilitate such irrigation or domestic water systems as he and the Indians affected agree, within a reasonable time, should be completed by the United States.” Rancheria Act, 72 Stat. 619, 620 (1958).2 Under the [124] Act, termination of the Ranchería ended the rights of the Indians to receive special federal services qua Indians, and exposed Ranchería lands to state tax liability and regulations. Rancheria Act § 10(b), 72 Stat. 619, 621 as amended by Pub. L. No. 88-419, § (h), 78 Stat. 390, 391 (1964); see Rancheria Act § 2(d), 72 Stat. 619.

Pursuant to the Act, the Secretary of the Interior developed a distribution plan for the Robinson Ranchería which won majority approval in March 1960. The plan provided for distribution of Ranchería lands to 28 named Indians and for the woodlot and certain community property to be conveyed to an association of the Robinson band. Although distribution of Ranchería assets was completed in 1963, final termination was delayed by negotiations over construction of a sewage system. A final termination notice was published in the Federal Register on September 3,1965. 30 Fed. Reg. 11,330-31 (1965).

Despite serious and well-known water shortages at the Ranchería (the water supply was not sufficient for reasonable domestic needs and was inadequate to irrigate domestic gardens or farm lands), the Secretary made no significant provision for the improvement of Ranchería water supplies prior to termination. The only agreement relating to additional water supplies was a statement in the distribution plan that:

The Indians of Robinson Ranchería request that the Bureau of Indian Affairs undertake the following actions: * * * (2) Provide water for any residence under construction that is as much as fifty percent completed within a ninety-day period after acceptance of this plan by a majority of the adult Indian distributees, as provided in Section 2(b) of Public Law 85-671.

This statement does not guarantee an adequate year-round water supply, and the record does not indicate how many, if [125] any, of the affected Indians had houses fifty percent complete within the requisite 3-month period.

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Duncan v. United States, 667 F.2d 36, 229 Ct. Cl. 120, 1981 U.S. Ct. Cl. LEXIS 611 (cc 1981).

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