Babbitt
Quileute Indian Tribe v. Babbitt
Opinion
Lead Opinion
Skopil, J.
This is an action by the Quileute Indian Tribe against the United States and the Qui-nault Indian Nation, seeking .to overturn the Department of Interior’s decision that certain fractional property interests within the Quinault Reservation escheat to the Quinault Indian Nation rather than to the Quileute Indian Tribe. The district court dismissed the action pursuant to Federal Rule Civil Procedure 19(b), concluding that the Quinault Indian Nation is a necessary and indispensable party. We affirm.
I.
Peter Alvin Ward, a member of the Makah Indian Tribe, died intestate in 1986. His property included fractional interests in trust lands on the Makah, Quinault, and Quileute reservations. A Department of Interior administrative law judge ruled that the property interests on the Quinault reservation should escheat to the Quileute Indian Tribe *1458 on the theory that the property was probably allotted originally to Quileute Indians.
The Quinault Indian Nation appealed that decision to the Interior Board of Indian Appeals (IBIA). The IBIA held that the Indian Land Consolidation Act (ILCA), 25 U.S.C. § 2206 (1988), restricts escheat of trust land within an Indian reservation to the…