BLACKFEET INDIAN TRIBE v. MONTANA POWER CO.

No. 87-3697.

838 F.2d 1055 (1988)

The BLACKFEET INDIAN TRIBE, Plaintiff-Appellant, v. The MONTANA POWER COMPANY, a Montana corporation; the United States of America; and Donald P. Hodel, Secretary of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1988.

As Amended February 24, 1988.


Attorney(s) appearing for the Case

Jeanne S. Whiteing, Boulder, Colo., for plaintiff-appellant.

Michael P. Manion, Butte, Mont., Edward J. Shawaker, Land and Natural Resources Div., Dept. of Justice, Washington, D.C., for defendants-appellees.

Before WRIGHT, ANDERSON and SCHROEDER, Circuit Judges.


J. BLAINE ANDERSON, Circuit Judge:

The Blackfeet Indian Tribe seeks to have rights-of-way granted over tribal lands invalidated. The appeal presents the question of whether the Secretary of the Interior exceeded his authority by allowing a fifty-year term for natural gas pipeline rights-of-way across Blackfeet tribal lands. We hold he did not.

I.

Between 1961 and 1969, the Secretary of the Interior ("Secretary") granted The

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