Ninth Circuit: TIFFANY AGUAYO V. S.M.R. JEWELL

Tribe Law, Administrative


Although the agency acted according to a broad vesting statute, the decision is reviewable under the APA, since it centers on the agency's acceptance of a certain constitution by the band, although specific review of the legitimacy of the constitution is time-barred.

As there was a rational basis for the agency's hands-off approach at the time of the constitution's adoption, the agency's decision not to intervene in a present membership dispute was not arbitrary or capricious.

No general trust obligation, &c, &c.



TIFFANY AGUAYO V. S.M.R. JEWELL