Table Bluff Band of Indians v. Andrus

• Decision Date: 21 September 1981
• Docket Number: No. C 75 2525 WTS.,C 75 2525 WTS.
• Citation: 532 F. Supp. 255
• Parties: TABLE BLUFF BAND OF INDIANS, et al., Plaintiffs, v. Cecil ANDRUS, et al., Defendants.
• Court: U.S. District Court — Northern District of California

532 F. Supp. 255

TABLE BLUFF BAND OF INDIANS, et al., Plaintiffs, v. Cecil ANDRUS, et al., Defendants.

No. C 75 2525 WTS.

United States District Court, N. D. California.

September 21, 1981.

COPYRIGHT MATERIAL OMITTED

George Forman, California Indian Legal Services, Oakland, Cal., for plaintiffs.

David E. Golay, Asst. U. S. Atty., San Francisco, Cal., for defendants.

Charles P. Selden, County Counsel, Humboldt County, Eureka, Cal., for Steven Strawn, Tax Collector for Humboldt County.

MEMORANDUM OF DECISION

SWEIGERT, District Judge.

This is a civil action¹ brought by plaintiffs, a group of Indian people residing at the Table Bluff Rancheria,² against certain federal defendants,³ alleging breach of trust and contract, and seeking declaratory and injunctive relief as well as damages. Jurisdiction against the federal defendants is asserted under 28 U.S.C. §§ 1331, 1346 and 1361.⁴

Suit is also brought against defendant Steven Strawn, tax collector for Humboldt County, California, alleging unlawful taxation of the Rancheria and seeking injunctive relief. Jurisdiction for this claim is founded on 28 U.S.C. § 1343 and 42 U.S.C. § 1983.

The case is now before the court on plaintiffs' motions for class certification and partial summary judgment. The record before the court on the pending motions consists of the non-verified first Amended Complaint, the exhibits accompanying the motion for partial summary judgment, and the Declaration of Albert E. James (James' Decl.), one of the named plaintiffs and Chairperson of the Table Bluff Rancheria, in support of the motion for partial summary judgment.

The Pleadings

Plaintiffs' complaint makes essentially four allegations. It alleges breach of trust by the federal defendants in administering the California Rancheria Act of August 18, 1958, P.L. 85-671, 72 Stat. 619, as amended by the Act of August 11, 1964, P.L. 88-419, 78 Stat. 390 (hereafter the "Rancheria Act," or the "Act') and seeks declaratory and injunctive relief as well as damages for the distributees under the Act, their dependents and the Table Bluff Band. (Amended Complaint at claims 1-3 and 7-9). The complaint also seeks declaratory and injunctive relief and damages for violation of the Rancheria Act itself by the federal defendants in favor of the same three classes of plaintiffs. (Amended Complaint at claims 4-6 and 12-14). Third, the complaint alleges that the distribution plan drafted pursuant to the Act was a contract between the plaintiff-distributees and the federal defendants which the federal defendants breached. Under this claim, plaintiffs seek either rescission of the plan or damages for the distributees caused by the breach, as well as for their dependents as intended beneficiaries of the contract. (Amended Complaint at claims 10-11.) Finally, declaratory and injunctive relief is sought against the tax collector of Humboldt County enjoining him from assessing any further taxes on the Table Bluff Rancheria. (Amended Complaint at Claim 15).

The Pending Motions

Plaintiffs have filed the pending motion for class certification contending that the classes of plaintiffs described in the Amended Complaint, i.e., the distributees of the Act, their dependents, and the Table Bluff Band — the federally recognized governing body of the Indians who reside at the Rancheria, meet all the requirements for class certification set forth in Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure.

Plaintiffs, on motion for partial summary judgment, contend that there is no genuine issue of material fact on any issue in this case except the amount of damages and seek all the declaratory and injunctive relief requested in the Amended Complaint as well as a declaratory statement that damages are recoverable in this action.

The federal defendants have filed a response which does not address the class certification issue and which is otherwise in substantial agreement with the plaintiffs' summary judgment motion — agreeing that the Rancheria was wrongfully terminated, that the trust obligations of the United States to the Indian people of the Rancheria still exist, and that the Indian distributees of the Rancheria lands should be permitted, at their option, to reconvey their lands to the United States if they have not already conveyed those lands to good-faith non-Indian purchasers.

The Humboldt County defendant, Mr. Strawn, has filed no opposition nor any statement of non-opposition to the pending motions.⁵

The Evidence

The evidentiary record above-described shows in substance and without dispute (except as specially noted), that for many years there were throughout California numerous small Indian communities called Rancherias, with title of the lands of these communities vested in the United States in trust for the resident Indians. Since the lands were held in trust, they could not be taxed by state or local authorities, see, McCurdy v. United States, 264 U.S. 484, 44 S.Ct. 345, 68 L.Ed. 801 (1924), and the resident Indians had no power to convey title to the land to others. The United States controlled the rancheria lands under the special fiduciary duty owed by the United States to the Indian people.

In 1958, Congress enacted the California Rancheria Act P.L. 85-671, 72 Stat. 619-621, amended in 1964 P.L. 88-419, 78 Stat. 390-91, which facilitated the termination of the trust relationship between the United States and the Indian people on 41 enumerated rancherias and reservations in California.⁶ The Act provides a procedure for the termination of these rancherias and reservations and the distribution of assets, including property, to eligible Indians in fee simple.

The preparation of a plan for termination of the Table Bluff Rancheria is mandatory. (Sections 1 and 2(a) of the 1958 Act.) However, such a termination plan does not become effective until approved by a majority of adult Indians who would participate in the distribution. (Section 2(b) of the 1958 Act). Congress contemplated that such a termination plan be completed and the lands distributed not more than three years after it is approved. (Section 2(b) of the 1958 Act). Thus, under the Act, actual termination of the Rancheria is permissive, not mandatory, being dependent upon approval by a majority of the Indians who would participate in the distribution. Duncan v. Andrus, C-71-1572-WWS (N.D.Cal., March 22, 1977).⁷

Under § 3(c) of the Act (as amended), the Secretary of the Interior and the Secretary of what was then the Department of Health, Education and Welfare (H.E.W.)⁸ were given certain duties pertaining to installation of sanitation and irrigation facilities:

Sec. 3. Before making the conveyances authorized by this Act on any rancheria or reservation, the Secretary of the Interior is directed:

* * * * * *

(c) To construct, improve, install, extend, or otherwise provide, by contract or otherwise, sanitation facilities (including domestic and community water supplies and facilities, drainage facilities and sewage — and waste-disposal facilities, together with necessary appurtenances and fixtures) and irrigation facilities for Indian homes, communities, and lands, as he the Secretary and the Indians agree, within a reasonable time, should be completed by the United States: Provided, That with respect to sanitation facilities, as hereinbefore described, the functions specified in this paragraph, including agreements with Indians with respect to such facilities, shall be performed by the Secretary of Health, Education and Welfare in accordance with the provisions of 42 U.S.C. § 2004a.⁹

In late 1959, a distribution plan was approved by the Table Bluff Rancheria and deeds to the individual parcels on the Rancheria were delivered to the distributees in June of 1960. Since that date, the lands have been subject to full state and county jurisdiction, including taxation. (James' Decl. at 4). The Termination Proclamation for the Rancheria was issued on April 11, 1961. 26 F.R. 3073.

The federal defendants concede that the Table Bluff Rancheria was not lawfully terminated because neither the Secretary of the Interior nor the Secretary of H.E.W. fulfilled their duties under Section 3(c) of the Act.

Class Certification

The court agreed with plaintiffs' contention, unopposed by defendants, that the two classes of representative plaintiffs defined as (1) the distributees under the Act, and (2) the dependents of the distributees, each meet the requirements of Rule 23 of the Federal Rules of Civil Procedure which provides, in pertinent part, that:

(a) One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are common questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

(b) An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition:

* * * * * * (2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole ....

Thus, plaintiffs' motion for class certification of the above-described classes is granted.¹⁰

Summary Judgment

As noted, the federal defendants concede that they failed to meet the statutory conditions imposed by § 3(c) of the Rancheria Act. Consequently, the only real question before the court is the nature and extent of relief appropriate. Plaintiffs request considerable equitable and legal relief, some of which the defendants agree to, and others which they oppose. The court will treat the various types of relief prayed for separately.

A. Equitable Relief

1. Return of the Land to...