What is the test for a claim for compensation for abrogation of a treaty?

MultiRegion, United States of America

The following excerpt is from U.S. v. State of Wash., 641 F.2d 1368 (9th Cir. 1981):

The appellants' members do not seek compensation as individuals for violations of their ancestors' rights. Cf. Menominee Tribe v. United States, 391 U.S. at 407, 88 S.Ct. at 1708 (compensation sought for abrogation of treaty). The appellants seek to exercise treaty rights as tribes. They may do so only if they are the tribes that signed the treaties.

We have defined a single necessary and sufficient condition for the exercise of treaty rights by a group of Indians descended from a treaty signatory: the group must have maintained an organized tribal structure. United States v. Washington, 520 F.2d at 693.

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