Seva Resorts, Inc., a Nevada Corporation Seva Development Corporation, an Arizona Corporation v. Donald P. Hodel, Secretary of the Interior

Seva Resorts, Inc., a Nevada corporation, and Seva Development Corporation, an Arizona corporation, (Seva) appeal from the judgment of the district court dismissing the action and denying Seva’s motion for an injunction against Donald Hodel, Secretary of the Interior (Secretary). Seva sought an order from the district court that would compel the Secretary to sign and execute a concession contract concerning both federal lands and Indian trust lands entered into between the National Park Service (NPS) and the Navajo Nation under authority granted to him under the Concessions Policy Act of 1965, 16 U.S.C. § 20 , et seq. (1982 & Supp. IV 1986). Seva also sought to compel the Secretary to approve a subconcession contract between Seva and the Navajo Nation concerning only Indian trust lands under the authority granted to him under 25 U.S.C. § 415 (Supp. IV 1986) regarding lease agreements involving Indian trust lands. These agreements were the result of negotiations between the Navajo Nation, Seva, and the NPS to develop a marina resort complex on adjacent Indian and federal land located at Antelope Point in the Glen Canyon National Recreation Area.

We affirm because we have concluded…