mescalero apache tribal court

Since its inception in 1989, SWITCA has allowed Tribal Courts to bring cases before a panel of experienced judges to render decisions at the appellate level for those Tribes that do not have the financial means or governmental infrastructure to administer a Court of Appeals for Tribal Court decisions. The possible exceptions that the parties identified are in section 6103(h)(4), which provides:(4) Disclosure*17 in judicial and administrative tax proceedings.--A return or return information may be disclosed in a Federal or State judicial or administrative proceeding pertaining to tax administration, but only--* * * *(B) if the treatment of an item reflected on such return is directly related to the resolution of an issue in the proceeding; [or](C) if such return or return information directly relates to a transactional relationship between a person who is a party to the proceeding and the taxpayer which directly affects the resolution of an issue in the proceeding; (4) Disclosure*17 in judicial and administrative tax proceedings.--A return or return information may be disclosed in a Federal or State judicial or administrative proceeding pertaining to tax administration, but only--, (B) if the treatment of an item reflected on such return is directly related to the resolution of an issue in the proceeding; [or]. 98). U.S. 324, 325]. And whether the Tribe's workers paid their income-tax liabilities as independent contractors would tend to prove or disprove the Tribe's case, which would directly relate to the resolution of one of the issues here. [462 7482(b)(1)(A); for a corporation we ask where its principal place of business was, sec. 82-331 Argued: April 19, 1983 Decided: June 13, 1983 With extensive federal assistance, respondent Indian Tribe has established a comprehensive scheme for managing the fish and wildlife resources on its reservation in New Mexico. ] See, e. g., Oneida Indian Nation v. County of Oneida, We held that the Crow Tribe could not as a general matter regulate hunting and fishing on those lands. [ endobj Table of Contents. We granted certiorari, Furthermore, the Lacey Act Amendments of 1981, 16 U.S.C. 588, 18 U.S.C. MESCALERO APACHE TRIBE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent, 148 T.C. Decided March 27, 1973. The State also cannot point to any off-reservation effects that warrant state intervention. Mescalero, NM 88340. Similarly, by determining the tribal hunting seasons, bag limits, and permit availability, the Tribe regulates the duration and intensity of hunting. Internal Revenue Manual pt. Decided June 13, 1983. ] The New Mexico Department of Game and Fish issued a permit for the importation of the elk from Wyoming into New Mexico. [462 Once completed you can sign your fillable form or send for signing. Tribe and the Federal Government. 425 You have successfully completed this document. The decision in Worcester v. Georgia, 6 Pet. U.S. 165 Fill has a huge library of thousands of forms all set up to be filled in easily and signed. Fields are being added to your document to make it really easy to fill, send and sign this PDF. U.S. 535, 551 No. Footnote 7 We will conscientiously avoid this conflict. . 21 You're on your way to completing your first doc! (1976 ed. the Court. Thus, when a tribe undertakes an enterprise under the authority of federal law, an assertion of state authority must be viewed against any interference with the successful accomplishment of the federal purpose. 191">64 T.C. The Apachean tribes were historically very powerful . Those ordinances are based on the recommendations made by a federal range conservationist employed by the Bureau of Indian Affairs. [ R objects under I.R.C. . [ Our decision in Montana v. United States, supra, does not resolve this question. . 777 (fishing), which are allocated through a formula which considers the number of licenses sold and the number of acres in the State. 1998). 6103(b)(1) and (2); see In re United States, 669 F.3d at 1339-40. . It seems to have done so without considering absence of the phrase "return information" in subparagraph (B). [462 We had no occasion to decide whether a Tribe may only exercise this authority in a manner permitted by a State. See, e.g., Slodov v. United States, 436 U.S. 238">436 U.S. 238, 243, 98 S. Ct. 1778">98 S. Ct. 1778, 56 L. Ed. Constitution of the Mescalero Apache Tribe Numerous conflicts exist between state and tribal hunting regulations. The Fifth Circuit has gone so far as to grant a taxpayer attorney's fees where proof that the taxpayer did not owe FICA and withholding taxes was in the IRS's own records. 2d 251 (1978). The tribal authority to regulate hunting and fishing by nonmembers, which has been repeatedly confirmed by federal treaties and laws and which we explicitly recognized in Montana v. United States, supra, would have a rather hollow ring if tribal authority amounted to no more than this. [ L. 280 specifically confirms the power of tribes to regulate on-reservation hunting and fishing. (C) if such return or return information directly relates to a transactional relationship between a person who is a party to the proceeding and the taxpayer which directly affects the resolution of an issue in the proceeding; The first problem is that the circuits are split on the question of whomsection 6103 information can be disclosed to under subsection (h)(4). SEc. . 1993); Davidson v. Brady, 559 F. Supp. ] The State receives federal matching funds through the Pittman-Robertson Act, 16 U.S.C. Cancel at any time. That brings us to the discovery issue: The Tribe wants the IRS to search the records of those 70 workers to determine whether they reported their Form 1099 income and paid their tax liabilities and then to adjust the Tribe's liability accordingly.3 The Tribe was eager to get this information. U.S., at 174 MOTION ALLEGING VIOLATION OF PROTECTION OR RESTRAINING ORDER (Mescalero Apache Tribe), Dissolution of Marriage (Mescalero Apache Tribe), APPLICATION TO MODIFY, TERMINATE, OR EXTEND THE ORDER (Mescalero Apache Tribe), Name Change Check List MESCALERO APACHE TRIBAL COURT (Mescalero Apache Tribe), Affidavit Estate Check List MESCALERO APACHE TRIBAL COURT (Mescalero Apache Tribe), MESCALERO APACHE TRIBAL COURT MESCALERO APACHE RESERVATION, NEW (Mescalero Apache Tribe), PETITION FOR RETURN OF CASH BOND (Mescalero Apache Tribe), Adoption Check List Affidavit MESCALERO APACHE TRIBAL COURT (Mescalero Apache Tribe), Child Support Check List Affidavit / Petition for (Mescalero Apache Tribe), APPEAL FORM MESCALERO APACHE TRIBAL COURT MESCALERO APACHE (Mescalero Apache Tribe), MESCALERO TRIBAL COURT (Mescalero Apache Tribe), Notice of Legal Representation (Mescalero Apache Tribe), PAYROLL DEDUCTION AUTHORIZATION FORM MESCALERO APACHE TRIBAL COURT (Mescalero Apache Tribe), PAYMENT PLAN REQUEST FORM (Mescalero Apache Tribe), MESCALERO APACHE TRIBAL COURT Request for Records (Mescalero Apache Tribe), Dear Interested Applicant, Thank you for your interest (Mescalero Apache Tribe), MOTOR VEHICLE OPERATOR'S LICENSE AND DRIVING RECORD (See (Mescalero Apache Tribe). Three sub tribes: Mescalero, Lipan, Chiricahua Tribal Code: At NILL website. But then the sentence continues, in subsection (h)(4)(B), "but only if * * * the treatment of an item reflected on such return is directly related to the resolution of an issue in the proceeding". 105 et seq., which contains a provision exempting Indians from a grant to the States of general authority to tax residents of federal areas, likewise provided evidence of Congress' intent to exempt Indians from state taxes. 7. Briefs of amici curiae urging affirmance were filed by Frank E. Maynes for the Southern Ute Indian Tribe; by Martin E. Seneca, Jr., for the Uintah and Ouray Tribe; and by Robert C. Brauchli for the White Mountain Apache Tribe. Career Openings - Official Website of the Mescalero Apache Tribe 447 -559 (1981). 419 U.S. 134, 153 (1981), and remanded the case for reconsideration in light of Montana v. United States, The project generates funds for essential tribal services and provides employment for members who reside on the reservation. Look first at what relationships count. 25 U.S.C. He has mentored many veterans, as he . [ 8 Our Court has apparently never analyzed this issue. ] These efforts have included controlling and reducing the population of other animals, such as wild horses and cattle, which compete for the available forage on the reservation. 6103(h)(4)(C). New Mexico seeks to apply its own laws to hunting and fishing by nonmembers on the reservation. For instance, tribal seasons and bag limits for both hunting and fishing often do not coincide with those imposed by the State. File type: PDF. Fill is the easiest way to complete and sign PDF forms online. The MESCALERO APACHE TRIBAL COURT (Mescalero Apache Tribe) form is 2 pages long and contains: Country of origin: US 2006-211. (NILL), How to Build a Tribal Legal History. 2d 955">210 F. Supp. PDF Constitution and Bylaws of The Apache Tribe of The Mescalero Reservation Id., at 557. Federal Register :: Endangered and Threatened Wildlife and Plants It tried to find its old workers and get them to fill out the form the IRS wants employers in this situation to use, but the Tribe argues that the information is just sitting there in the IRS's records. 448 The exercise of concurrent jurisdiction ", [ The Commissioner normally accepts Form 4669, Statement of Payments Received, as prima facie evidence that a worker filed an individual income-tax return and paid the income tax due. Although New Mexico does not claim that it can require the Tribe to permit nonmembers to hunt and fish on the reservation, it claims that, once the Tribe chooses to permit hunting and fishing by nonmembers, such hunting and fishing is subject to any state-imposed conditions. Moreover, unlike Confederated Tribes, supra, and Moe v. Salish & Kootenai Tribes, Log in. 1 So no one can doubt that what the Tribe seeks is "return information" protected by 6103. 1 0 obj Address P.O. [ in the United States District Court for the District of New Mexico, seeking to prevent the state from regulating on-reservation hunting or fishing by tribal members or nonmembers. Mescalero Apache Tribe 575-464-9276 Note: Employment opportunities with the Mescalero Apache Tribe enforce tribal preference policies and applicants must apply through the Human Resources Office unless otherwise instructed by the department in which the applicant is applying. The Tribal Council adopts the game ordinances on the basis of recommendations submitted by a Bureau of Indian Affairs' range conservationist who is assisted by full-time conservation officers employed by the Tribe. 719">46 Fed. Id., at 16a. Digital signatures are secured against your email so it is important to verify your email address. ] The Secretary assumed precisely the opposite is true - that state jurisdiction is pre-empted - when he approved a tribal ordinance which provided that nonmembers hunting and fishing on the reservation need not obtain state licenses. The Tribe tried to do just that, but it was only partly successful because many of the Tribe's former workers have moved, and some live in hard-to-reach areas where they lack cell-phone service and even basic utilities. 425 . NAME: ______________________________________________________________, Message Phone: _________________________ Work: __________________________, City: _____________________ State: ________ Zip: ___________. Next, does the return information that the Tribe wants "directly relate" to this relationship? 691 (1974). App. (1981). The exercise of state authority which imposes additional burdens on a tribal enterprise must ordinarily be justified by functions or services performed by the State in connection with the on-reservation activity. For example, in Texture Source, Inc. v. United States, 851 F. Supp. No. NMCOURTS.Gov The Judicial Branch of New Mexico. sec. (1976), such authority may be asserted only if not pre-empted by the operation of federal law. Footnote 29 2d 251">56 L. Ed. The New Mexico Department of Game and Fish has enforced the State's regulations by arresting non-Indian hunters for illegal possession of game killed on the reservation in accordance with tribal ordinances but not in accordance with state hunting regulations. . 456">559 F. Supp. (1980); Williams v. Lee, supra; Warren Trading Post v. Arizona Tax Comm'n, (1976). Judges: 11 Memo. Subparagraph (C) raises a few more questions. 30. Cancel at any time. strongest when the tax is directed at off-reservation value and when the taxpayer is the recipient of state services"); Moe, All forms are printable and downloadable. They have also rejected the proposition that pre-emption requires "`an express congressional statement to that effect.'" The court found disclosure proper in judicial and administrative tax proceedings in general. We are called upon to decide in this case whether a State may restrict an Indian Tribe's regulation of hunting and fishing on its reservation. Under Rule 70(b), "discovery may concern any matter not privileged and which is relevant to the subject matter involved in the pending case." The Mescalero Apache Tribe has moved to compel discovery of the IRS's records of those workers and argues that whatever it finds will likely lead to a rapid settlement of the case one way or another. PO Box 227 our Backup, Combined Opinion from (1973), and have acknowledged certain limitations on tribal sovereignty. New Mexico has hunting and fishing regulations that conflict with, and in some instances are more restrictive than, the tribal regulations, and the State has applied its regulations to hunting and fishing by nonmembers on the reservation. The Court held that New Mexico was preempted from regulating the Mescalero's commercial fish and game program. Cl. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. the Tribal Council adopts hunting and fishing ordinances each year. 148 T.C. 411 U.S. 145. Golsen v. Commissioner, 54 T.C. 3371 et seq. [462 476, which reaffirms "all powers vested in any Indian tribe or tribal council by existing law. The Tenth Circuit, however, specifically rejected that argument in First W. Gov't Sec., Inc. v. United States, 796 F.2d 356">796 F.2d 356, 360 (10th Cir. Name and address of the Chief Judge of the Tribal Court: Name Harrison Toclanny Title Chief Judge Address PO Box 227 20 Mescalero Apache Tribe FamilySearch . U.S. 463 71-738. Bracker, 947, 951-52 (C.D. And each party in civil litigation must bear "the ordinary burden*24 of financing his own suit." As noted supra, at 330, and as conceded by New Mexico, U.S., at 143 515, 560 (1832), reflected the view that Indian tribes were wholly distinct nations within whose boundaries "the laws of [a State] can have no force." Some species of game never leave tribal lands, and the State points to no specific interest concerning those that occasionally do. Steward v. Mescalero Apache Tribal Court, No. CIV 15-1178 JB/SCY Life Co. v. United States, 42 A.F.T.R.2d (RIA) 78">42 A.F.T.R.2d (RIA) 78-5915 (D. Neb. Mescalero Apache Tribe v. Jones, 411 U.S. 145 (1973) Underlying this federal policy declaration are the dual purposes of providing full participation by Indian tribes in federal programs for Indians and of promoting "maximum Indian participation in the government and education of the . Here we have some help from a district court in Nebraska. Disclosure of "return information" is not mentioned in subparagraph (B). During the 2009-11 tax years the Tribe either employed or . 1. (1941). Bernardo v. Commissioner, 104 T.C. 947">794 F. Supp. Other parties need to complete fields in the document. First, what is a "transactional relationship" under section 6103, and is the employer/worker relationship included within it? Syllabus. The loss of revenues to the State is likely to be insubstantial given the small numbers of persons who purchase tribal hunting licenses. U.S. 832 Departments & Programs - Official Website of the Mescalero Apache Tribe Sec. Sec. Id., at 153a-154a. (1965); Bracker, supra; Ramah Navajo School Bd., supra. You have successfully completed this document. circumstances a State may assert jurisdiction over the on-reservation activities of tribal members. 29, 1928, ch. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. (1976 ed., Supp. U.S., at 845 On remand, the Court of Appeals adhered to its earlier decision. Pub. Sixteen other. 6. The duties and procedures of the courts shall be Once finished you can manually add any additional fields and signatures to the document by dragging them from the toolbar. State Tax Comm'n, 447 448 [462 107 Deer Tail Drive (1980), quoting United States v. Mazurie, 312 Exclusion Will Not Result in Extinction of the SpeciesMescalero Apache Tribe; . [ We hold that this application of New Mexico's hunting and fishing laws is pre-empted by the operation of federal law. U.S. 324, 329] Jones, 411 U.S. 145 (1973) Mescalero Apache Tribe v. Jones. The tribal ordinances, which establish bag limits and seasons and provide See also Ramah Navajo School Bd., supra, at 845, quoting Hines v. Davidowitz, HOLMES,MARVEL,FOLEY,VASQUEZ,GALE,THORNTON,GOEKE,GUSTAFSON,PARIS,MORRISON,KERRIGAN,BUCH,LAUBER,NEGA,PUGH,ASHFORD. Finally, as already noted supra, at 342, the State has pointed to no services it has performed in connection with hunting and fishing by nonmembers which justify imposing a tax in the form of a hunting and fishing license, Ramah Navajo School Bd., supra, at 843; Central Machinery Co. v. Arizona Tax Comm'n, MESCALERO TRIBAL COURT (Mescalero Apache Tribe), On average this form takes 5 minutes to complete. is afforded the protection of the federal criminal law by 18 U.S.C. See also Ramah Navajo School Bd., supra, at 838. U.S. 324, 337] 1992) (disclosure of return information authorized in summons-enforcement proceeding). All forms are printable and downloadable. of Oral Arg. U.S. 544 R reclassified P's workers as employees and determined that P owed the applicable withholding tax under I.R.C. U.S. 324, 343] (1981); Merrion v. Jicarilla Apache Tribe, Pp. Through the Bureau of Sport Fisheries and Wildlife, the Secretary also determines the stocking of the reservation's waters based upon periodic surveys of the reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe, face federal charges in U.S. District Court for the District of New Mexico, according to the DEA. [462 ] See Puyallup Tribe v. Washington Game Dept., 937, 948 (1983) (citing Branerton Corp. v. Commissioner, 64 T.C. sec. 424">64 T.C. Upload your own documents or access the thousands in our library. (1971). Footnote 13 ] These conflicts have persisted despite the parties' stipulation that the New Mexico State Game Commission has attempted to "accommodate the preferences of the Mescalero Apache Tribe and other Indian tribes." Prior to the reservation period, the Mescalero people were nomadic hunters and gathers and roamed the Southwest. With him on the brief were Kathleen A. Miller and Kim Jerome Gottschalk. 358 Footnote 16 LEXIS 17480">1993 U.S. App. We long ago departed from the "conceptual clarity of Mr. Chief Justice Marshall's view in Worcester," Mescalero Apache Tribe v. Jones, Use our library of forms to quickly fill and sign your Mescalero Apache Tribe forms online. The State of New Mexico may impose a nondiscriminatory gross receipts tax on a ski resort operated by petitioner Tribe on off-reservation land that the Tribe leased from the Federal Government under 5 of the Indian Reorganization Act, 25 U.S.C. Tiller Research, Inc. (see older version online at the Internet Archive), Directories of Tribes and Alaska Native Villages. Appellate venue of our decisions is defined by section 7482. , 175-177. The employer itself is liable for this withholding tax. What an employer may use to substantiate its claim under section 3402(d) in the absence of Forms 4669 is not entirely clear, and the Tribe in this motion asks specifically that the Commissioner produce the information that would appear on a Form 4669 for each worker identified in the notice of determination. U.S., at 175 In 1977 the Tribe filed suit against the State and the Director of its Game and Fish Department in the United States District Court for the District of New Mexico, seeking to prevent the State from regulating on-reservation hunting or Cf. The United States Court of Appeals for the Tenth Circuit affirmed. 71a. 455 Children's Code and selected ordinances. MARVEL, FOLEY, VASQUEZ, GALE, THORNTON, GOEKE, GUSTAFSON, PARIS, MORRISON, KERRIGAN, BUCH, LAUBER, NEGA, PUGH, and ASHFORD, JJ., agree with this opinion of the Court. U.S. 160 677 F.2d 55 (1982). With extensive federal assistance and supervision, the Mescalero Apache Tribe has established a comprehensive scheme for managing the reservation's fish and wildlife resources. Sign up to receive the Free Law Project newsletter with tips and announcements. [ Footnote 14 Concurrent jurisdiction would empower New Mexico wholly to supplant tribal regulations. , n. 11. 82-331. Fillable MESCALERO APACHE TRIBAL COURT (Mescalero Apache Tribe) U.S., at 845 Using federal funds, the Tribe has established eight artificial lakes which, together with the reservation's streams, are stocked by the Bureau of Sport Fisheries and Wildlife of the United States Fish and Wildlife Service, Department of the Interior, which operates a federal hatchery located on the reservation. File type: PDF. 424, 426 (1975). (Emphasis added.). The answer is that the employer is off the hook--section 3402(d) provides:If the employer, in violation of the provisions of this chapter, fails to deduct and withhold the tax under this chapter, and thereafter the tax against which such tax may be credited is paid, the tax so required to be deducted and withheld shall not be collected from the employer * * *. 447 [ Footnote 10 The Tribe wants to take advantage of section 3402(d) in this*16 case. PDF Special Diabetes Program for Indians Fiscal Year 2020 Grant Programs by Bracker, supra, at 144 (footnote omitted). 742">54 T.C. If you continue to use your current browser then Fill may not function as expected. However, any financial interest the State might have in this case is simply insufficient to justify the assertion of concurrent jurisdiction. In McClanahan we concluded that the Buck Act, 4 U.S.C. Set a password to access your documents anytime, You seem to be using an unsupported browser. Carleton A. Naiche-Palmer (June 22, 1947 - December 12, 2010) was elected president of the Mescalero Apache Tribe in 2008. It is beyond doubt that the Mescalero Apache Tribe lawfully exercises substantial control over the lands and resources of its reservation, including its wildlife. Argued December 12, 1972. supra, at 326, federal law requires the Secretary to review each of the Tribe's hunting and fishing ordinances. We agree that whether the Tribe's workers paid their tax liabilities in full tends to show whether they considered themselves independent contractors or employees and thus directly relates to their relationship with the Tribe. Indian tribal law." (1976 ed. 1980). Given the strong interests favoring exclusive tribal jurisdiction and the absence of state interests which justify the assertion of concurrent authority, we conclude that the application of the State's hunting and fishing laws to the reservation is pre-empted. 1804, 73d Cong., 2d Sess., 6 (1934). The Mescalero Apache Tribe is recognized under the Indian Reorganization Act of 1934 and has a reservation in south-central New Mexico. and Supp. V), and 10% of which was guaranteed by tribal funds. The district court there found that the workers' tax records would contain evidence of how the workers viewed their status--a significant factor in a worker-classification case--and allowed disclosure under section 6103(h)(4)(C). Held, further, the fact that the burden of proof is on P to show its workers paid income tax does not make their confidential return information nondiscoverable. The current reservation was established by a series of Executive Orders, with the most recent dating from 1883. See Washington v. Confederated Tribes of Colville Indian Reservation, The Commissioner argues here that the statute places the burden on the Tribe,6 and that for him to comply with the request places a "tremendous", if almost unelaborated, burden on him.7. Once completed you can sign your fillable form or send for signing. [ of the aboriginal Mescalero domain, was created by a succession of Executive Orders promulgated in the 1870's and 1880's. Footnote 8 ("governmental interest in raising revenues is . [ United States Supreme Court. [462 Please try again. The employee gets a credit on his income-tax bill for the money withheld by his employer from his paycheck. Footnote 15 U.S., at 557 The data on the rolls varies to some extent. Contact Persons and Location of Tribal Court: Name of Tribal Court Mescalero Apache Tribal Court Contact Person Name & Title Bessie Baca, Court Clerk Address PO Box 227 Mescalero, NM 88340 Mescalero Apache Tribe v. Comm'r, 148 T.C. No. 11 To "transact" means simply "to carry on business." taken or possessed in violation of any . ] Prior to 1977 the Tribe consented to the application to the reservation of the State's hunting and fishing regulations. 435 Not the right email? A tribe's power to exclude nonmembers entirely or to condition their presence on the reservation is equally well established. U.S. 685 25 U.S.C. Id. "Who bears the burden of proof on an issue has no effect on the obligation to comply with appropriate discovery requests." It presented no evidence as to expenditures of Pittman-Robertson funds within the reservation. MESCALERO APACHE TRIBAL COURT (Mescalero Apache Tribe) On average this form takes 9 minutes to complete ] That agreement, which provides for the stocking of the reservation's artificial lakes by the Bureau, obligates the Tribe to "designate those waters of the Reservation which shall be open to public fishing" and to "establish regulations for the conservation of the fishery resources." SECTION 3. All rights reserved. 54, 60-61 (2008); Orion Contracting Tr. [462 448 It is important to emphasize that concurrent jurisdiction would effectively nullify the Tribe's authority to control hunting and fishing on the reservation. U.S. 544 Section 3402(a) requires every employer to deduct and withhold a tax on the wages it pays. PDF University of New Mexico School of Law Tribal Court Handbook - nmcourts.gov U.S. 324, 326] Filed: -172 (1973), quoting Williams v. Lee, Since 2013, the Ohlone Chumash Tribe has been providing technical assistance, project financing, management, and other resources to the tribal communities across the United States. The Mescalero Apache Tribe challenged two taxes imposed on the ski resort by New Mexico: a tax on the ski resort's gross receipts, and a use tax "based on the purchase price of materials used to construct two ski lifts at the resort." . Background. Enforcement of the state regulation permitting only buck to be killed would frustrate that objective. Not the right email? Thomas L. Dunigan, Special Assistant Attorney General of New Mexico, argued the cause for petitioners. Footnote 23 67 Stat. U.S. 49, 62 Mescalero Apache Tribe - 462 U.S. 324, 103 S. Ct. 2378 (1983) Rule: . Certain additional facilities at the Inn were completely funded by the EDA as public works projects, and other facilities received 50% funding from the EDA. Footnote 4 and Supp. 10 App. "See also Washington v. Yakima Indian Nation, We don't need to go that far here. NEW MEXICO v. MESCALERO APACHE TRIBE(1983). . See Branerton Corp. v. Commissioner, 61 T.C. 1162(b); 25 U.S.C. 1971). L. 280 granting States criminal jurisdiction over Indian reservations under certain conditions provides that States are not thereby authorized to. Because the Mescalero Apache Tribal Court is detaining Steward, however, the Court will construe his Interlocutory Appeal/Habeas Corpus as being brought under 25 U.S.C.

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