Ryan

Hoopa Valley Indian Tribe v. Ryan

Good Law
415 F.3d 986·2005 WL 1593466
United States Court of Appeals for the Ninth CircuitJuly 7, 200503-16940California3,527 words

Opinion

Opinion

Hug, J.

In an effort to address ongoing declines in salmon and steelhead populations in the Trinity River basin, the Bureau of Reclamation adopted a multifaceted restoration program. The Hoopa Valley Indian Tribe sought funding to implement many of the proposed restoration projects under the mandatory contracting provisions of the Indian Self-Determination and Education Assistance Act. After the Bureau refused to execute mandatory contracts for the Tribe’s proposals, the Tribe brought suit. On cross-motions for summary judgment, the district court held that the programs at issue are not “for the benefit of Indians because of their status as Indians,” and thus are not eligible for mandatory contracts. We have jurisdiction over the Tribe’s appeal under 28 U.S.C. § 1291 , and we affirm.

I

The Trinity River, originating in the coastal mountains of Northern California, flows through the Hoopa Valley. Indian Reservation before joining with the Kla-math River and emptying into the Pacific Ocean. The Klamath-Trinity river system historically produced bountiful runs of salmon and steelhead. These fisheries played a central role in the livelihood and culture of the , Hoopa Valley and Yurok Indian…

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