Authors

David Getches

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Description

Case summary: Class action suit brought by individual Indians and Indian bands to stop the Secretary of the Interior and the Bureau of Indian Affairs from spending Pala Indian Irrigation Project funds for the benefit of a non-Indian owner of land situated within the Indian irrigation district. The United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part the United States Court for the District of Southern California's holding regarding spending of Indian irrigation project funds for benefit of non-Indian land owner within the project. The Court of Appeals reaffirmed the expenditure by the Secretary of Interior and Bureau of Indian Affairs was not an unconstitutional taking under applicable federal laws and remanded the Indian's claim as to the validity of reimbursement charges. The United States Supreme Court ruled that use of Indian irrigation project funds for benefit of non-Indian land owner within project was allowable under applicable federal laws.

Year

1970

Publisher

[California Indian Legal Services?]

Place

[Berkeley, Calif.?]

In the Supreme Court of the United States: October term, 1970 : no. [blank] : Alex Scholder, individually and on behalf of others similarly situated; Pala Band of Mission Indians and Rincon Band of Mission Indians, individually and on behalf of others similarly situated, petitioners, v. United States of America; Department of the Interior; Bureau of Indian Affairs; Stewart L. Udall, Secretary of the Interior; Robert L. Bennett, Commissioner, Bureau of Indian Affairs; William E. Finale, Director, Sacramento Office, Bureau of Indian Affairs; and Jess T. Town, Field Representative, Riverside, California area field office, Bureau of Indian Affairs, respondents

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