Proschold

*517 MEMORANDUM *

Plaintiffs appeal the district court’s order dismissing their action for lack of subject matter jurisdiction under the Quiet Title Act. We review the district court’s determination of subject matter jurisdiction de novo, Alaska v. Babbitt, 38 F.3d 1068, 1072 (9th Cir.1994) (“Alaska-Albert”), and we affirm. Because the parties are familiar with the facts and procedural history, we need not recount it here.

Although the Quiet Title Act (“QTA”) waives sovereign immunity for title disputes involving real property in which the United States claims an interest, it expressly reserves sovereign immunity in disputes involving lands held in trust for Indian tribes. 28 U.S.C. § 2409a. Under this exception, sovereign immunity applies if the United States “has a colorable claim and has chosen to assert its immunity on behalf of land of which the government declares that it is the trustee for Indians.” Wildman v. United States, 827 F.2d 1306, 1309 (9th Cir.1987). In this case, the government has elected to assert sovereign immunity. Thus, the only question is whether the government has a colorable claim to the property, or as we have also described it, whether “the…