Hawley Lake Homeowners' Ass'n v. Deputy Assistant Secretary - Indian Affairs (Operations), 13 IBIA 276 (1985)

Docket Number: IBIA 84-55-A

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Hawley Lake Homeowners' Ass'n v. Deputy Assistant Secretary - Indian Affairs (Operations), 13 IBIA 276 (1985)

Appeal from a decision of the Deputy Assistant Secretary--Indian Affairs (Operations) refusing to renew residential and recreational leases entered into between appellant's members and the White Mountain Apache Tribe.

Dismissed.

1. Board of Indian Appeals: Jurisdiction--Bureau of Indian Affairs: Administrative Appeals: Generally--Indians: Law and Order: Generally

Neither the Board of Indian Appeals nor the Bureau of Indian Affairs has jurisdiction over issues that are entrusted to tribal courts.

2. Rules of Practice: Appeals: Standing to Appeal

In order for an association to have standing to bring an appeal in its own right, it must show that the decision being appealed adversely affects its enjoyment of a legally protected interest.

3. Rules of Practice: Appeals: Standing to Appeal

In order for an association to have standing to bring an appeal as a representative of its members, it must show that: (1) its members would have standing to sue in their own right, (2) the association's stated purposes make it a suitable proponent of its members' interests, and (3) the issues to be resolved do not require the individual participation of the members.

4. Indians: Leases and Permits: Generally

Approval of an Indian lease by the Bureau of Indian Affairs does not constitute approval of documents not explicitly made part of the lease.

5. Indians: Law and Order: Generally

The Bureau of Indian Affairs is not required to take action against an Indian tribe under 25 U.S.C. § 229 (1982) because of a property dispute with a non-Indian.

IBIA 84-55-A

6. Indians: Lands: Tribal Lands--Indians: Reservations: Generally

Determination of the use of its own land is peculiarly the province of an Indian tribe.

7. Indians: Leases and Permits: Generally

The Bureau of Indian Affairs has no statutory or regulatory authority to take action against an Indian lessor for an alleged lease violation.

APPEARANCES: Alvin H. Shrago, Esq., Phoenix, Arizona, for appellant; Michael D. Cox, Esq., Office of the Solicitor, U.S. Department of the Interior, Washi...

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