Quileute Indian Tribe v. Babbitt

Citation18 F.3d 1456
Decision Date16 March 1994
Docket NumberNo. 92-36833,92-36833
PartiesQUILEUTE INDIAN TRIBE, Plaintiff-Appellant, v. Bruce BABBITT, in his capacity as Secretary of the Interior; United States Department of Interior, Bureau of Indian Affairs; Interior Board of Indian Appeals; United States of America; Quinault Indian Nation, Defendants-Appellees.
CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)

Lori Salzarulo, Susan L. Coskey, and Kerry E. Radcliffe, Garvey, Schubert & Barer, Seattle, WA, for appellant.

Richard Reich and Eric J. Nielsen, Taholah, WA, for appellee Quinault Indian Nation.

Jonathan F. Klein, John A. Bryson, and Andrea Nervi Ward, U.S. Dept. of Justice, Washington, DC, for the federal appellees.

Appeal from the United States District Court for the Western District of Washington.

Before: REAVLEY *, SKOPIL, and LEAVY, Circuit Judges.

SKOPIL, Circuit Judge:

This is an action by the Quileute Indian Tribe against the United States and the Quinault 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 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. Sec. 2206 (1988), restricts escheat of trust land within an Indian reservation to the governing tribe of the reservation. Estate of Peter Ward, 19 IBIA 196, 212 (1991). The IBIA reversed the ALJ, ruling that all of the fractional property interests at issue on the Quinault reservation would escheat to the Quinault Indian Nation. Id.

The Quileute Indian Tribe thereafter brought this action, contending that its tribal rights on the Quinault Reservation were never abandoned or extinguished, and therefore section 2206 was wrongfully applied. The Quileute Indian Tribe sought a declaration that it is one of the "recognized tribal governments" of the Quinault reservation for purposes of section 2206. Finally, the Quileutes alleged that the IBIA's decision violates due process and is an unconstitutional taking without just compensation. The district court did not reach the merits of the statutory or constitutional challenges. Rather, it granted defendants' motion to dismiss on the ground that the Quinault Indian Nation is an indispensable party under Rule 19(b).

II.

Rule 19 provides that a district court may dismiss an action if an absent party is determined to be "indispensable." Fed.R.Civ.P. 19(b). In applying Rule 19, the district court must first determine if an absent party is "necessary." Fed.R.Civ.P. 19(a). If a party is deemed to be necessary, the court must then determine if the party can be joined. If the party cannot be joined, the court finally must determine whether the party is indispensable so that in "equity and good conscience" the action should be dismissed. See Confederated Tribes of the Chehalis Indian Reservation v. Lujan, 928 F.2d 1496, 1498 (9th Cir.1991); Makah Indian Tribe v. Verity, 910 F.2d 555, 558 (9th Cir.1990).

A. Necessary Party

Although there is no precise formula for whether a particular party is necessary to an action, Rule 19(a) contemplates a two-part analysis to aid the court in making that determination. Confederated Tribes, 928 F.2d at 1498. The court must consider whether complete relief is possible among those parties already in the action and whether the absent party has a claim to a legally protected interest in the outcome of the action. Id.

The district court concluded that complete relief in this case is not possible without resolving issues regarding the Quinaults' governing authority over and legal interest in the escheated property. We agree. The statute relied upon by the IBIA, 25 U.S.C. Sec. 2206, provides that certain fractional interests at the time of probate do not descend by intestacy or devise but must escheat to the tribe if the land interest is within that tribe's reservation or otherwise subject to that tribe's jurisdiction. Since the IBIA's decision, the statute has been amended to provide that such interests "shall escheat to the reservation's recognized tribal government." 25 U.S.C. Sec. 2206(a) (Supp.1990). Under either version of the statute, the Quinault Indian Nation clearly has a claim to the escheated property within its reservation. Moreover, the Quinault Indian Nation "undoubtedly" has a legal interest in any adjudication of its governing authority over the reservation. Confederated Tribes, 928 F.2d at 1498.

The Quileutes nevertheless contends that the Quinaults have no such claim or interest in a constitutional challenge to the statute. The district court rejected that argument, concluding that the "necessity of the Quinaults ... cannot be avoided by characterizing the issue as constitutionality of the ILCA. If the ILCA were to be found unconstitutional, it would affect the property interests of the Quinaults as well as the Quileutes." We agree. Declaring the statute to be unconstitutional either as applied or on its face would affect the property interests that have been determined to escheat to the Quinaults.

In Shermoen v. United States, 982 F.2d 1312, 1317 (9th Cir.1992), cert. denied, --- U.S. ----, 113 S.Ct. 2993, 125 L.Ed.2d 688 (1993), we rejected the argument that several tribes were not necessary parties because their interests were dependent upon the constitutionality of the statute that created the rights. We reasoned that Rule 19 forecloses such an analysis because all that is required is that the necessary party have a "claim" to an interest. Id. Thus, the determination whether the absent tribes were necessary parties to the action did not require a preliminary factual inquiry into the legality of the underlying statute. Id.; see also Keweenaw Bay Indian Community v. State, 11 F.3d 1341, 1347 (6th Cir.1993) (endorsing Shermoen ).

The district court correctly determined that the Quinault Indian Nation is a necessary party to this litigation. The Quinaults have a claim of legal interest in the litigation and complete relief would implicate the Quinaults' governing status. This conclusion is entirely consistent with our prior decisions. See Shermoen, 982 F.2d at 1317 (absent tribes are necessary parties to constitutional challenge to the Hoopa-Yurok Settlement Act); Confederated Tribes, 928 F.2d at 1498 (Quinault Indian Nation is a necessary party to action challenging the Quinaults' governing authority); Makah, 910 F.2d at 559 (absent tribes are necessary parties to Makah's challenge to Department of Interior's intertribal fish allocation decision); McClendon v. United States, 885 F.2d 627, 633 (9th Cir.1989) (absent tribe is a necessary party to an action seeking to enforce a lease agreement signed by the tribe).

B. Joinder

Rule 19(a) contemplates that a necessary party will generally be joined as a party to the action. Indian tribes, however, are sovereign entities that possess " 'common-law immunity from suit traditionally enjoyed by sovereign powers.' " Imperial Granite Co. v. Pala Band of Mission Indians, 940 F.2d 1269, 1271 (9th Cir.1991) (quoting Santa Clara Pueblo v. Martinez, 436 U.S. 49, 58, 98 S.Ct. 1670, 1677, 56 L.Ed.2d 106 (1978)). Tribes may waive their sovereign immunity, but such waivers must be "expressed unequivocally" and cannot be implied. Santa Clara Pueblo, 436 U.S. at 58, 98 S.Ct. at 1677; McClendon, 885 F.2d at 629.

The Quileutes, relying on United States v. Oregon, 657 F.2d 1009 (9th Cir.1981), contend that the Quinault Indian Nation waived its immunity by participating in the administrative proceedings. The Quileutes' reliance on Oregon, however, is misplaced. There, the Yakima Tribe intervened in a court action and became a party to a consent decree. Several years later an action was brought to enforce the decree. We held that the tribe waived its sovereign immunity by intervening in the first action. Id. at 1014. Thus, Oregon has been interpreted to hold that "Indian tribes may, in certain circumstances, consent to suit by participation in litigation." McClendon, 885 F.2d at 630-31 n. 2. We cannot interpret Oregon, however, to hold that participation in administrative proceedings waives immunity for subsequent court proceedings. See Pan American Co. v. Sycuan Band of Mission Indians, 884 F.2d 416, 420 (9th Cir.1989) (noting that Oregon tests the "outer limits" of admonition against implied waivers).

Whether an Indian tribe's participation in administrative proceedings waives tribal immunity in an action seeking review of the agency's determination is thus a question of first impression. See Stock West Corp. v. Lujan, 982 F.2d 1389, 1398 (9th Cir.1993) (raised but not decided). In addressing this issue, we note first that tribal immunity is generally not asserted in administrative proceedings because tribes cannot impose sovereign immunity to bar the federal government from exercising its trust obligations. See Indians of the Quinault Reservation v. Commissioner of Indian Affairs, 9 IBIA 63 (1981) (IBIA will adjudicate cases without the Quinaults' participation even when the tribe has significant interests). Thus, tribal sovereignty does not extend to prevent the federal government from...

To continue reading

Request your trial
59 cases
  • Whatsapp Inc. v. NSO Grp. Techs. Ltd.
    • United States
    • U.S. District Court — Northern District of California
    • July 16, 2020
    ...to join a party recognized as indispensable by Federal Rule of Civil Procedure 19. Fed. R. Civ. P. 12(b)(7) ; Quileute Indian Tribe v. Babbitt, 18 F.3d 1456, 1458 (9th Cir. 1994). Federal Rule of Civil Procedure 19 "governs compulsory party joinder in federal district courts." E.E.O.C. v. P......
  • City of Lincoln City v. U.S. Department of Int.
    • United States
    • U.S. District Court — District of Oregon
    • April 17, 2002
    ...if not complete, can be awarded without the absent party; and 4) whether there exists an alternative forum. Quileute Indian Tribe v. Babbitt, 18 F.3d 1456, 1460 (9th Cir.1994). If the court determines that a party is not necessary, it need not consider whether it is an indispensable party u......
  • Lundgren v. Upper Skagit Indian Tribe, 91622-5
    • United States
    • Washington Supreme Court
    • February 16, 2017
    ...is no such tenant, then against the person claiming the title or some interest therein" (emphasis added)); Quileute Indian Tribe v. Babbitt, 18 F.3d 1456, 1458-59 (9th Cir. 1994) (finding the Quinault Indian Nation was a necessary party because it had a claim to escheated property within it......
  • Bodi v. Shingle Springs Band of Miwok Indians
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • August 8, 2016
    ...in ... administrative proceedings” because “[a]ny waiver must be unequivocal and may not be implied”); Quileute Indian Tribe v. Babbitt , 18 F.3d 1456, 1460 (9th Cir. 1994) (holding that tribe's “voluntary participation” in administrative proceedings “is not the express and unequivocal waiv......
  • Request a trial to view additional results
3 books & journal articles
  • Application of the ESA to Indian Tribes and Their Lands
    • United States
    • Endangered species deskbook
    • April 22, 2010
    ...See also Blackford v. Native Village of Noatak, 501 U.S. 775, 786 n.4 (1991). 96. Id. 97. Id. 98. See Quileute Indian Tribe v. Babbitt, 18 F.3d 1456, 1459-60 (9th Cir. 1994) (stating that “tribal sovereignty does not extend to prevent the federal government from exercising its superior sove......
  • CHAPTER 7 TAX CONSIDERATIONS IN NATURAL RESOURCE DEVELOPMENT PROJECTS ON INDIAN LANDS
    • United States
    • FNREL - Special Institute Natural Resources Development and Environmental Regulation in Indian Country (FNREL)
    • Invalid date
    ...immunity to involuntary joinder in a petition for judicial review of that administrative proceeding. Quileute Indian Tribe v. Babbitt, 18 F.3d 1456 (9th Cir. 1994); Wichita and Affiliated Tribes of Oklahoma v. Hodel, 788 F.2d 765 (D.C. Cir. 1986). Under Rule 19 of the Federal Rules of Civil......
  • CHAPTER 7 REGULATING COMMERCE: FEDERAL OVERSIGHT OF THE DEVELOPMENT OF OIL, GAS, AND COAL RESOURCES ON INDIAN LANDS
    • United States
    • FNREL - Special Institute Energy & Mineral Development in Indian Country (FNREL)
    • Invalid date
    ...said in an interview. 'With the ports, I am very optimistic that it will be developed.") [139] Quileute Indian Tribe v. Babbitt, 18 F.3d 1456 (9th Cir. 1994) (finding affected tribe to be indispensable party to Indian Land Consolidation Act case); accord Wichita & Affiliated Tribes v. Hodel......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT