Confederated Tribes and Bands of the Yakama Nation v. Klickitat County, No. 19-35807 (9th Cir. 2021)Annotate this Case
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.