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13 Indian 9th Cir action affirmed Alaska Alaska Native Alaska Statehood Act alleged allotment amendment Apache Tribe appellees application argues argument asserted authority band band's cert claim clause complaint Congress constitutional Counsel Court of Appeals criminal decision defendants denied determine dismiss district court evidence fact federal court federal law filed fishing free exercise funds granted held holding Indian Law Indian Reservation Indian tribes interest Interior issue jurisdiction jury Lake land litigation MBTA ment motion Nation Native American Native American Church Navajo Navajo Nation non-Indian nonmember parties petition petitioner peyote plaintiffs provides Pueblo pursuant quiet title regulations relief religious remand reserved water right rule Secretary Service Sioux Tribe South Dakota sovereign immunity Stat statute statutory suit summary judgment Supp supra Supreme Court tion treaty tribal court trust Tyonek United Village violation White Earth Yakima