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STATE OF UTAH v. BABBITT

Nos. 94-4062, 94-4063.

53 F.3d 1145 (1995)

STATE OF UTAH, Board of Trustees of the Utah Navajo Trust Fund, Plaintiffs-Appellees, v. Bruce BABBITT, in his capacity as Secretary of the United States Department of the Interior; Department of the Interior; Bureau of Indian Affairs; Navajo Area Director, Bureau of Indian Affairs; United States of America, Defendants-Appellants, Navajo Nation, Intervenor-Appellants, and Chuska Energy Co., Intervenor.

United States Court of Appeals, Tenth Circuit.

April 26, 1995.

Attorney(s) appearing for the Case

Philip C. Pugsley, Asst. Atty. Gen. (Brian Farr and Reed Richards with him on the brief), Salt Lake City, UT, for plaintiffs-appellees.

David C. Shilton, Atty., Dept. of Justice (Lois J. Schiffer, Acting Asst. Atty. Gen., Washington, DC, Thornton W. Field and Edward J. Shawaker, Attys., Dept. of Justice, Washington, DC, and Edwin G. Winstead, Field Sol., U.S. Dept. of the Interior, Window Rock, AZ, with him on the brief), Washington, DC, for defendants-appellants.

Kevin N. Anderson (Joe Lennihan, Navajo Nation Dept. of Justice, Window Rock, AZ, Diane H. Banks and Douglas R. Brewer of Fabian & Clendenin, Salt Lake City, UT, with him on the brief), Las Vegas, NV, for intervenor Navajo Nation.

Before KELLY, BARRETT and HENRY, Circuit Judges.

PAUL J. KELLY, Jr., Circuit Judge.

Defendants-appellants appeal from the district court's judgment in favor of Plaintiffs-appellees. Our jurisdiction arises under 28 U.S.C. § 1291 and we affirm.

Background

Under the Act of March 1, 1933 ("Act"), 47 Stat. 1418, as amended, 82 Stat. 121 (1968), the federal government took 552,000 acres of land from the public domain and added it to the Navajo Reservation. The Act provided that if...

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