Haley Stevens: “Yes. It is the intent of the amendment that a trial on the merits be conducted in the U.S. District Court if the…”

“Yes. It is the intent of the amendment that a trial on the merits be conducted in the U.S. District Court if the villages decide to file suit. Such a trial would be held in lieu of an administrative hearing conducted by the Department of the Interior and in lieu of a court appeal of any administrative decision that was limited to the current, incomplete administrative record. The court must hear all relevant evidence related to the circumstances surrounding the land selections and conveyances and should not be limited to hearing only the views of the Interior Department or reviewing the limited administrative record that currently exists. Nor, in my opinion, should it defer to any prior decision that was not based on a hearing and a full review of the facts. In order to ensure justice for the parties, it is necessary that the court have all relevant evidence available to it. Since this dispute has a complex fact pattern that stretches over 20 years, the case should not be resolved on a motion for summary judgment. The lands sought by the village corporations were originally selected in 1974. The selections were accomplished with the assistance of officials at the Bureau of Land Management. The village corporations have never varied in their selection priorities, and the selection priorities must be honored by the Federal Government.”