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Shoshone-Bannock Tribes v. USDOI - FLPMA Land Exchange Rehearing Denied

The Ninth Circuit denied petitions for panel rehearing and rehearing en banc in a case challenging a Bureau of Land Management land exchange under the Federal Land Policy and Management Act of 1976. The panel majority had previously affirmed summary judgment for the Shoshone-Bannock Tribes, holding that FLPMA's general land exchange authority does not override a specific 1900 Act provision restricting disposal of ceded Fort Hall Reservation lands. Judges Collins and Tung dissented, arguing the FLPMA should authorize the exchange.

Shoshone-Bannock Tribes v. USDOI - FLPMA Land Exchange Authority

The Ninth Circuit denied petitions for panel rehearing and rehearing en banc in a case where the panel majority had affirmed summary judgment for the Shoshone-Bannock Tribes, upholding that the Federal Land Policy and Management Act's general land exchange authority does not override a specific 1900 statute restricting disposal of ceded Fort Hall Indian Reservation lands to enumerated categories. Judges Collins and Tung each dissented, arguing the majority incorrectly interpreted the 1900 Act and that FLPMA's uniform disposal procedures should apply.