Federal Court Dismisses Jemez Pueblo Claim to Aboriginal Title Rights against USA

Here are the materials in Pueblo of Jemez v. United States (D. N.M.):

Jemez v USA Final Order

Jemez v USA Memorandum Opinion and Order

An excerpt:

Plaintiff brought this action pursuant to the Quiet Title Act, 28 U.S.C. §2409A, seeking a judgment that it has the exclusive right to use, occupy, and possess the lands of the Valles  Caldera National Preserve pursuant to its continuing aboriginal title to such lands. (Doc. 1). Defendant moves to dismiss for lack of jurisdiction and failure to state a claim. (Doc. 14). Plaintiff opposes the motion and requests oral argument. (Doc. 18). The Court finds that oral argument is unnecessary as the Indian Claims Commission Act (ICCA), formerly codified at 25 U.S.C. §§ 70 to 70n-2, divests this Court of jurisdiction over Plaintiff’s claim.

Briefs are here.

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