Confederated Tribes and Bands of the Yakama Nation v. Klickitat County, No. 19-35807 (9th Cir. 2021)
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The Ninth Circuit affirmed the district court's holding, following a bench trial, that the Yakama Reservation includes a 121,465.69-acre tract (Tract D) that partially overlaps with Klickitat County. The present dispute between the Yakamas and Klickitat County arose when the County attempted to prosecute P.T.S., a minor and enrolled Yakama member, for acts that occurred within Tract D. Contending that Klickitat County lacked jurisdiction to prosecute P.T.S. for an incident that took place within Tract D, the Yakamas filed suit against the County, seeking declaratory and injunctive relief.
Under the highly deferential clear error standard, the panel upheld the district court's findings that the spur described in the Treaty does not exist and that the Yakamas understood the Treaty to include Tract D within the Reservation's boundaries. Applying de novo review, the panel concluded that the Treaty language is inherently ambiguous. Consequently, in light of the Indian canon of construction, the panel agreed with the district court's interpretation that the Treaty included Tract D within the Reservation. Finally, the panel held that Congress did not conclusively exclude Tract D from the Reservation through the 1904 Act.
Court Description: Tribal Reservation Affirming the district court’s judgment entered following a bench trial, the panel held that under an 1855 treaty between the Confederated Tribes and Bands of the Yakama Nation and the United States, the Yakama Reservation includes a tract, known as Tract D, that partially overlaps with Klickitat County, Washington. The parties’ dispute arose when the County attempted to prosecute P.T.S., a minor and enrolled member of the Tribe, for acts that occurred within Tract D. Pursuant to a proclamation issued by the Governor of Washington, the Yakamas and the federal government share exclusive jurisdiction over certain criminal and civil offenses that occur on Reservation lands. The Yakamas sued the County and County officials, seeking declaratory and injunctive relief barring the County from exercising criminal * The Honorable Jill A. Otake, United States District Judge for the District of Hawaii, sitting by designation. YAKAMA NATION V. KLICKITAT CNTY. 3 jurisdiction over Tribe members for offenses that arise within the Reservation’s borders, including within Tract D. The County opposed the suit, arguing that Tract D is not part of the Reservation. The district court issued a declaratory judgment in favor of the Yakamas. The panel held that the district court did not clearly err in its factual finding that no “spur” between the waters of the Klickatat and Pisco Rivers exists south of Mount Adams, which meant that the Treaty was ambiguous in its description of the Reservation’s southwestern boundary. The district court also did not clearly err in its factual finding that the Yakamas would have naturally understood the Treaty to include Tract D within the Reservation. Reviewing the Treaty’s meaning de novo, the panel applied the Indian canon of construction, which dictates that treaty terms must be construed in the sense in which they would naturally be understood by the Indians and any ambiguities are to be resolved in their favor. The panel held that under this canon, the Treaty’s ambiguity must be resolved according to the Yakamas’ understanding that Tract D was included within the Yakama Reservation. The panel therefore agreed with the district court’s interpretation that the Treaty included Tract D within the Reservation. The panel further held that Congress did not alter the Reservation’s southwestern boundary by statute in 1904 because Congress did not clearly express an intent to abrogate the Treaty in the 1904 Act. 4 YAKAMA NATION V. KLICKITAT CNTY.
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