298 F.Supp.3d 136
D.D.C.2018Background
- Wilton Rancheria applied for BIA to acquire land in trust; after a multi-year process, BIA published a final EIS for a 36‑acre Elk Grove parcel and the Department approved acquisition in January 2017.
- Kevin Washburn (AS‑IA) left office Dec. 31, 2015; Principal Deputy Assistant Secretary Lawrence Roberts served as Acting AS‑IA under the FVRA for 210 days, then resumed as Principal Deputy.
- On Jan. 19, 2017 Roberts (Principal Deputy) signed a Record of Decision approving the trust acquisition; later, Michael Black (Special Assistant to the BIA Director) signed actions denying stay, assuming jurisdiction of an appeal, and dismissing the appeal.
- Plaintiffs challenged Roberts’ and Black’s actions as ultra vires—asserting 25 C.F.R. §151.12(c) reserves final fee‑to‑trust decisions to the Secretary or AS‑IA and that the Department violated the FVRA and its own delegation rules.
- Department relied on: (1) 25 C.F.R. §151.12’s distinction between AS‑IA and BIA official decisions (final v. non‑final); (2) Department Manual delegations authorizing the Principal Deputy to act for the AS‑IA when vacant; and (3) a Jan. 19, 2017 redelegation order to Black.
- Court granted summary judgment to Defendants: held the fee‑to‑trust authority is delegable, the Department Manual validly authorized Roberts’ action, and Roberts’ and Black’s actions did not violate the FVRA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 25 C.F.R. §151.12(c) reserves final fee‑to‑trust decisions exclusively to Secretary or AS‑IA | §151.12(c) limits final decisions to Secretary or AS‑IA only; no delegation permitted | §151.12(c) distinguishes final vs non‑final decisions for notice/review; it does not bar delegations | The regulation does not preclude delegation; presumption of delegability applies and is unrebutted |
| Whether Roberts’ Jan. 19, 2017 Record of Decision was ultra vires because he was not AS‑IA or confirmed PAS | Roberts lacked appointment/acting status when he signed the ROD, so decision is invalid | Department Manual delegated AS‑IA’s non‑exclusive authority to the Principal Deputy; Roberts lawfully exercised delegable authority | Roberts properly exercised non‑exclusive AS‑IA authority per Department Manual; ROD valid |
| Whether Roberts’ exercise violated the FVRA | FVRA forbids non‑acting/non‑PAS individuals from exercising PAS functions after 210 days | FVRA permits first assistant to act for 210 days; after that non‑exclusive duties may be delegated within the agency | No FVRA violation: Roberts acted as Acting AS‑IA during the 210‑day window; thereafter non‑exclusive duties may be delegated and were properly delegated |
| Whether Black’s later actions (redelegation, appeal dismissal) were ultra vires | Black lacked authority absent AS‑IA and could not validate Roberts’ action | Secretary’s Jan. 19 redelegation order temporarily redelegated non‑exclusive AS‑IA functions to Black | Black lawfully acted under the Secretary’s temporary redelegation; his actions were not ultra vires |
Key Cases Cited
- U.S. Telecomm Ass'n v. FCC, 359 F.3d 554 (D.C. Cir.) (presumption that delegated authority may be subdelegated absent contrary intent)
- Giordano v. United States, 416 U.S. 505 (U.S.) (statutory delegation read narrowly where legislative scheme showed clear intent to confine authority)
- SW Gen., Inc. v. N.L.R.B., 137 S. Ct. 929 (U.S.) (explaining FVRA default rule for first assistant acting for vacant PAS positions)
- Ethicon Endo‑Surgery, Inc. v. Covidien LP, 812 F.3d 1023 (Fed. Cir.) (reference to interpreting mention of specific official as descriptive, not exclusionary of subdelegation)
- United States v. Mango, 199 F.3d 85 (2d Cir.) (similar statutory interpretation distinguishing narrower readings like Giordano)
- Schaghticoke Tribal Nation v. Kempthorne, 590 F. Supp. 2d 389 (D. Conn.) (district court upholding intra‑agency delegation of non‑exclusive AS‑IA functions)
- Sokaogon Chippewa Community v. Babbitt, 929 F. Supp. 1165 (W.D. Wis.) (holding AS‑IA’s delegation to subordinate for final fee‑to‑trust decision was proper)