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OKANOGAN SCHOOL DIST. #105 v. SUPER. OF PUB. INST.

No. 00-36096.

291 F.3d 1161 (2002)

OKANOGAN SCHOOL DISTRICT # 105; Omak School District # 19; Republic School District # 309; Oroville School District # 410; Tonasket School District # 404; Quillayute Valley School District # 402; Nespelem School District # 14; Stephen Kunkel; Marile Kunkel, individually and as guardians of Karen Kunkel, William Kunkel, Frank Kunkel, and Benjamin Kunkel; Methow Valley School District # 350, Plaintiffs-Appellants, and Cusick School District # 59; Wenatchee School District # 246; Newport School District # 56; White Salmon Valley School District # 405; Cascade School District # 228; North Beach School District # 64; Kettle Falls School District # 212; Entiat School District # 127; Hoquiam School District # 28; Sedro Woolley School District # 101; Okanogan County, a Washington municipal corporation, Plaintiffs, v. SUPERINTENDENT OF PUBLIC INSTRUCTION FOR THE STATE OF WASHINGTON; Treasurer for the State of Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 3, 2002.

Attorney(s) appearing for the Case

Jeffrey L. Fisher, Davis Wright Tremaine LLP, Seattle, WA, for the plaintiffs-appellants.

David A. Stolier, Assistant Attorney General, Olympia, WA, for the defendants-appellees.

Before RYMER, McKEOWN, and GOULD, Circuit Judges.

OPINION

RYMER, Circuit Judge.

Since 1908 the federal government has paid states, such as Washington, twenty-five percent of all moneys received from national forests within their borders to be spent as the state legislature prescribes for the benefit of public schools and public roads of counties in which a national forest is situated. 16 U.S.C. § 500. Washington distributes these funds to forest land counties, but has decided that forest land counties...

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