Posenjak

MEMORANDUM **

Robert Posenjak alleges that the defendants violated his rights under the Point *746 Elliott Treaty, Jan. 22, 1855, 12 Stat. 927 . 1 Noting that a grant of summary judgment may be upheld on any basis supported by the record, Downs v. Los Angeles Unified Sch. Dist., 228 F.3d 1003, 1005 (9th Cir.2000), we affirm.

Posenjak’s claims depend on his membership in the Snoqualmoo Tribe. 2 The Snoqualmoo Tribe may have rights under the Point Elliott Treaty if its members are “descended” from treaty signatories, and if it has “maintained an organized tribal structure.” United States v. Washington, 641 F.2d 1368, 1372 (9th Cir.1981). “For this purpose, tribal status is preserved if some defining characteristic of the original tribe persists in an evolving tribal community.” Id. at 1372-73 .

At the time summary judgment was granted to the Washington State Department of Fish and Wildlife (“Fish & Wildlife”), Fish & Wildlife Director Jeff Koenings, Fish & Wildlife Officer Ralph Downes, and Washington State Park Ranger Ken Hageman, the record contained very few allegations relevant to whether the Snoqualmoo Tribe has “maintained an organized tribal structure” since the time of…