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PEMBINA TREATY COMMITTEE v. LUJAN

No. 92-1645.

980 F.2d 543 (1992)

PEMBINA TREATY COMMITTEE; Mary Cornelius; Alice Siroti; Juliane Wilkie; Flora Redding, Appellants, v. Manual LUJAN, in his official capacity as Secretary of the Interior; Jerry Jaeger, in his official capacity as Aberdeen Area Director of the Bureau of Indian Affairs; Doreen Bruce, in her official capacity as Acting Superintendent of the Turtle Mountain Agency, Bureau of Indian Affairs; Indian Health Service; Turtle Mountain Band of Chippewa Indians, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 4, 1992.

Attorney(s) appearing for the Case

Vance Gillette, Devils Lake, N.D., argued for appellants.

Robert L. Klarquist, Washington, D.C., argued for Lujan (Barry M. Hartman, Thornton W. Field and John T. Stahr, on brief).

Mason D. Morisset, Seattle, Wash., argued for Turtle Mountain Band of Chippewa Indians.

Before McMILLIAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

As the result of a lawsuit several years ago, the U.S. Treasury and the Congress set aside approximately $52 million to be distributed to five groups of Pembina Chippewa Indians. One of those groups is the Turtle Mountain Band, a federally recognized tribe living in North Dakota. By statute passed in 1982, Congress established a mechanism for distributing the money. Under the act, 80 percent of the money allocated to the Turtle...

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