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BUGENIG v. HOOPA VALLEY TRIBE

No. 99-15654.

229 F.3d 1210 (2000)

Roberta BUGENIG, Plaintiff-Appellant, v. HOOPA VALLEY TRIBE; The Hoopa Valley Tribal Council; The Tribal Court of the Hoopa Valley Tribal Reservation; Byron Nelson, Jr., Honorable Judge of the Hoopa Valley Tribal Court; Merv George, Chairman of the Hoopa Valley Tribal Council, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 3, 2000.

Attorney(s) appearing for the Case

James S. Burling (argued), Pacific Legal Foundation, Sacramento, California, for the plaintiff-appellant.

Thomas P. Schlosser (argued), K. Allison McGaw, Morriset, Schlosser, Ayer & Jozwiak, Seattle, Washington, for the defendants-appellees.

Ethan G. Shenkman, Anne R. Traum, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C.; Sandra J. Ashton, Office of the Solicitor, United States Department of the Interior, Washington, D.C., for amicus United States of America.

Before: THOMAS H. REAVLEY, DIARMUID F. O'SCANNLAIN, and RONALD M. GOULD, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

This case presents questions of Indian law regarding the scope of tribal jurisdiction over the activities of nonmembers: specifically, to what extent can the tribe regulate land use of fee-patented private property within a reservation boundary?

I

In 1864, the Superintendent of Indian Affairs set aside the Hoopa Valley and its adjacent mountains, located in northwestern California...

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