Chemehuevi Indian Tribe v. Sally Jewell

The Chemehuevi Indian Tribe and thirty-four of its members (collectively the “Tribe”) appeal from the district court’s grant of summary judgment in favor of the Secretary of the United States Department of the Interior (“Interior” or “Secretary”). The Tribe alleges that the Secretary, acting through the Bureau of Indian Affairs (“BIA”), violated the Administrative Procedure Act (“APA”) by determining that Interior was not authorized to approve the Tribe’s assignments of land to certain of its members. We affirm.

I

The Chemehuevi Reservation (“Reservation”) sits on 32,000 acres in San Bernardi-no County, California. Title to the Tribe’s Reservation lands is owned and held in trust by the United States government. The Reservation’s beautiful location belies a more turbulent history.

In the early 1940s, in order to provide water to burgeoning communities in California and nearby states, Congress condemned the bottom land of the Reservation—where all the members lived—in order to construct Parker Dam and create Lake Havasu. The Dam left the Reservation flooded, and all but one of the tribal families were forced to relocate off reservation. Many of the displaced members…