Kombol, Bernell, d.b.a. Grass Mountain Logging Co. v. Acting Assistant Portland Area Director (Economic Development), 19 IBIA 123 (1990)

Extract

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Kombol, Bernell, d.b.a. Grass Mountain Logging Co. v. Acting Assistant Portland Area Director (Economic Development), 19 IBIA 123 (1990)

Appeal from a determination of breach of a timber contract.

Affirmed.

1. Indians: Timber Resources: Timber Sales Contracts: Breach and Damages

Failure to make advance deposits required under a contract for the sale of Indian timber or to begin operations constitutes a breach of the contract.

2. Appeals: Generally--Indians: Generally

The Board of Indian Appeals is not required to consider issues and arguments that are raised for the first time on appeal.

3. Administrative Procedure: Standing--Indians: Contracts: Generally

A person doing business with an Indian tribe lacks standing to raise a violation of the requirements of 25 U.S.C. § 81 (1988).

4. Indians: Timber Resources: Generally

The sale of timber on trust or restricted land by an Indian tribe is controlled by 25 U.S.C. § 407 (1988), not by 25 U.S.C. § 81 (1988).

5. Indians: Timber Resources: Timber Sales Contracts: Breach and Damages

Performance under a contract for the sale of Indian timber is not excused by the doctrine of commercial impracticality based upon a downturn in the timber

IBIA 90-31-A

market when the possibility of such a downturn is not shown to have been an unexpected or unforeseeable occurrence, the risk of such a downturn is allocated to the purchaser by the terms of the contract, and the purchaser has not shown that performance is commercially impracticable.

APPEARANCES: Jan D. Sokol, Esq., Portland, Oregon, for appellant; Michael E. Drais, Esq., Office of the Solicitor, Pacific Northwest Region, U.S. Department of the ...

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