Te-Moak Bands of Western Shoshone Indians of Nevada v. United States

18 Cl. Ct. 74, 1989 U.S. Claims LEXIS 184, 1989 WL 106860
United States Court of Claims·Decided September 18, 1989·No. No. 326-A·Published·Cited by 6 cases

Opinion

OPINION

SMITH, Chief Judge.

This matter, presently pending before the court on defendant’s motion to dismiss plaintiffs’ water claims pursuant to Rule 12(b)(1) of the Rules of the United States Claims Court (RUSCC), is yet another chapter in a long, complex proceeding spanning thirty-eight years. The dispute centers upon whether plaintiff’s water claims, presented explicitly by plaintiffs for the first time in their supplemental and amended exceptions filed on June 10, 1982, fall within the scope of plaintiffs’ original petition. For the reasons set forth below, the court finds that plaintiffs’ water claims are outside of the scope of that petition. Accordingly, defendant’s motion to dismiss must be granted.

FACTS

Background

On August 10, 1951, the Western Bands of the Shoshone Nation of Indians (Western Shoshones), represented by the Te-Moak Bands of Western Shoshone Indians, Nevada (Te-Moak Bands), filed a claim against defendant before the Indian Claims Commission (Commission) pursuant to the Indian Claims Commission Act, 60 Stat. 1049 (1946), repealed by 90 Stat. 1990 (1976). This claim was part of a joint petition filed by all of the Shoshone Indian tribes (Shoshones). The joint petition sought relief from the alleged taking of former Shoshone lands without just compensation by defendant and by white settlers. The petition also requested relief from defendant’s alleged misuse of funds and proceeds held in trust for the Shoshones, all of which originally had been acquired by the Shoshones as a result of various treaties and legislative acts. As part of the Shoshones’ request for relief from this misuse, they asked that defendant provide a general accounting of the trust. The purpose of the general accounting claim was to apprise plaintiffs of the facts concerning the trust, since the rele[76] vant records were in the exclusive possession of defendant.

As part of the joint petition filed in 1951, the Te-Moak Bands, filing on behalf of the Western Shoshones, sought just compensation for lost California and Nevada lands. The Te-Moak Bands also requested a general accounting of, and relief from, the misuse of the Western Shoshones’ trust funds and proceeds derived from the Treaty of Ruby Valley and from various other Acts of Congress. The relevant portions of that petition specifically stated as follows:

Count 1. Taking of Lands
WHEREFORE, petitioner ... prays that it ... be awarded ... just compensation ... which would be due had defendant dealt fairly and honorably with ... [the petitioners] ... for the lands ... disposed of or otherwise used or taken by defendant, and damages for loss of use or occupancy ... from the time they were disposed of or converted or leased or used by defendant, and for such other and further relief as ... may seem fair and equitable.
Count 2. General Accounting
____ At all times mentioned herein, the books of account and all other records pertaining to all moneys [and other property] ... for said Western Bands of the Shoshone Nation of Indians, ... have been in the exclusive, possession of defendant. Proceeds of property of said bands ... have been payable to or collected by defendant, and by it dealt with and disposed of including, without limitation, moneys payable under:
[The] Treaty of Ruby Valley, October 1, 1863, 18 Stat. 689, 2 Kappler 851, Art. 7; ... [and the] Act of March 3, 1883, 1, c. 141, 22 Stat. 582, 590 (25 U.S.C. § 155) [and other Acts of Congress]____
At all times referred to herein, defendant has been under a duty to pay interest on funds of said bands____
At all times referred to herein, defendant has been under a duty as guardian and trustee of said bands ... to invest funds of said bands____
Upon information and belief, petitioner alleges that ... defendant itself has become liable to pay moneys to ... said bands. Defendant has failed to account for its management, ... of said moneys and properties. As a result, said bands have been damaged by having been deprived of the amount of money or value of other property, together with interest thereon, which may be shown to be owing to them upon a proper accounting in accordance with the fiduciary duties and the liabilities herein set forth.
WHEREFORE, petitioner prays that defendant be required to make a full, just and complete accounting for all property or funds received or receivable and expended for and on behalf of said Western Bands of the Shoshonee [sic] Nation of Indians, ... and that judgment be entered for petitioner, ... in the amount shown to be due under such an accounting; and for such other relief as ... may appear just and proper.

All of the Shoshones’ claims proceeded before the Indian Claims Commission under docket number 326 until 1957. In 1957, the Indian Claims Commission ordered all of the general accounting claims to be severed from the original petition into separate causes of action for each group of Shoshones. The general accounting claim filed by the Te-Moak Bands on behalf of the Western Shoshones thus was severed from docket number 326 to form an entirely separate cause of action. This action was given docket number 326-A, and is the cause of action presently before the court.

Plaintiffs’ Taking Claim

All of the Shoshone Indian tribes proceeded with their taking claims throughout the 1950s and early 1960s. On October 16, 1962, the Commission determined that the Shoshones had a compensable property interest at one time and that their lands had been taken by defendant.1 See generally [77] Shoshone Tribe v. United States, 11 Ind.Cl.Comm. 387 (1962). These compensable property interests included the Western Shoshones’ lost California and Nevada lands. The Commission also established the time at which California lands had been taken but could not decide the taking date for the Nevada lands. The date for the Nevada lands later was established by stipulation, which stated that the Nevada lands had been taken as of July 1, 1872.

Lastly, the Commission found that the Western Shoshones were separate from the Shoshones and that the Te-Moak Bands were representative of the Western Shoshones. Id. at 466. In accordance with that finding, the Commission then issued an order on August 16, 1967, requiring the Te-Moak Bands to file a separate petition on behalf of the Western Shoshones. This amended petition was docketed under number 326-K.

Free access — add to your briefcase to read the full text and ask questions with AI

Te-Moak Bands of Western Shoshone Indians of Nevada v. United States, 18 Cl. Ct. 74, 1989 U.S. Claims LEXIS 184, 1989 WL 106860 (cc 1989).

18 Cl. Ct. 74 (Te-Moak Bands of Western Shoshone Indians of Nevada v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Te-Moak Bands of Western Shoshone Indians v. United States
24 Cl. Ct. 1258 (Federal Circuit, 1991)
Catawba Indian Tribe v. United States
24 Cl. Ct. 24 (Court of Claims, 1991)
White Mountain Apache Tribe v. United States
20 Cl. Ct. 371 (Court of Claims, 1990)