Mishewal Wappo Tribe of Alexan v. County of Napa
Opinion
Opinion
MEMORANDUM
The Counties of Napa and Sonoma (“the Counties”) appeal the district court’s revocation of their status as intervening defendants. The Counties also appeal the district court’s denial of their motion to dismiss. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the revocation of their status as intervenors.
I
The Mishewal Wappo Tribe of Alexander Valley (“the Tribe”) filed this action against the Secretary of the Interior and the Assistant Secretary of the Interior (“the Federal Defendants”). The Tribe alleges that the Federal Defendants illegally terminated its status as an Indian Tribe and improperly distributed land previously held in trust for the Tribe. The Tribe requests, among other things, that the Federal Defendants identify and transfer to it as trust lands “all public lands held by the Department of the Interior which are not currently in use and are available for transfer that are within the Tribe’s historically aboriginal land.” Further, the Tribe requests that the Federal Defendants designate these lands “Indian Country” and “restored lands” as defined in 18 U.S.C. § 1151 and 25 U.S.C. § 2719 (b)(l)(B)(iii).