Wilton Miwok Settlement Threatened by Possible Statute of Limitations Problem

The case is Wilton Miwok Rancheria v. Salazar, and involves an agreement to take land into trust for the tribe (both the Me-Wuks and the Miwoks) for gaming purposes. After the settlement was entered and approved by the court, intervenors (Sacramento County and City of Elk Grove) argued that the suit came too late under 28 U.S.C. 2401(a).

A few years back in John R. Sand and Gravel, the Supreme Court said that the statute of limitations under section 2402 (allowing claims against the US in the court of federal claims) was jurisdictional and could not be waived. Two circuits have held that section 2401 is also jurisdictional. Perhaps the Quiet Title Act also is jurisdictional (section 2409).

In this case, the court followed Ninth Circuit precedent decided before John R. and held that section 2401 is not jurisdictional, but specially allowed for an interlocutory appeal to the Ninth Circuit for review, and stayed the judgment.

Here are the materials:

Wilton Miwok DCT Order on Motion to Vacate

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