Western Shoshone National Council v. United States

The Federal Circuit affirmed a decision of the U.S. Court of Federal Claims dismissing, for lack of subject matter jurisdiction and for failure to state a claim, the plaintiffs-appellants' challenge to an action of the Indian Claims Commission. In 1977, the commission awarded compensation for the taking of the plaintiffs' aboriginal lands in several states; the plaintiffs sought to invalidate the commission's judgment and also sought additional compensation and other relief under the Treaty of Ruby Valley of 1863. The court affirmed the trial court's decision because the plaintiffs filed their challenge 24 years after the trial court affirmed the commission's judgment, and because the Indian Claims Commission Act specifically precluded the plaintiffs' action.

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Before RADER, SCHALL, and PROST, Circuit Judges.

The Western Shoshone seek to invalidate a 1977 Indian Claims Commission (ICC) judgment awarding compensation for the taking of the Western Shoshone’s aboriginal lands in Idaho, Utah, Nevada, and California. The Western Shoshone also seek additional compensation and other relief under the Treaty of Ruby Valley of 1863. The United States Court of Federal Claims granted the United States’ motion to dismiss the Western Shoshone’s action for lack of subject matter jurisdiction and for failure to state a claim. Because the Appellants filed their challenge twenty-four years after the Court of Claims affirmed the ICC’s judgment, and because legislation specifically precludes the Appellants’ current challenge, this court affirms.

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