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Rusch, B., Genin, J. M. R., Ruby, C., Abdelmoula, M. & Bonville, P. Mossbauer study of magnetism in Fe(II- III) ( oxy-) hydroxycarbonate green rusts; ferrimagnetism of Fe(II- II)I hydroxycarbonate. Hyperfine Interact. 187, 7-12, doi:10.1007/s10751-008-9862-y (2008).
Rusch, B., Genin, J. M. R., Ruby, C., Abdelmoula, M. & Bonville, P. Ferrimagnetic properties in FeII-III (oxy)hydroxycarbonate green rusts. Solid State Sci. 10, 40-49, doi:10.1016/j.solidstatesciences.2007.07.007 (2008).
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Sosin, S. S. et al. Spin dynamics of the pyrochlore magnets Gd2Ti2O7 and Gd2Sn2O7 in the paramagnetic state. Phys. Rev. B 77, 8, (2008) http://link.aps.org/doi/10.1103/PhysRevB.77.104424 .
Zhu, X. H. et al. Thickness-dependent structural and electrical properties of multiferroic Mn-doped BiFeO(3) thin films grown epitaxially by pulsed laser deposition. Appl. Phys. Lett. 93, 3, doi:10.1063/1.2969785 (2008).

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RUPERTO G. JUGUETA, Complainant, v. RICARDO ESTACIO, Respondent.
This case demands observance of proper conduct, decorum and propriety vis - Ã -vis the tenet that a public office is a public trust, and that a public servant shall, at all times, exhibit the highest degree of honesty and integrity. Specifically, every employee of the Judiciary, involved as he is in the sacred task of dispensing justice, shall not only act with propriety and decorum, but above all else, must be above suspicion.
Ricardo Estacio, Clerk III in the Court of Appeals, is charged with conduct prejudicial to the best interest of the service. He was indicted via an affidavit/complaint dated 21 April 2004 filed by Ruperto G. Jugueta, a retired commercial attaché.
In a Memorandum3 dated 23 April 2004, Atty. Elisa B. Pilar-Longalong, Court of Appeals Assistant Clerk of Court, was directed to formally investigate the complaint and to submit a report and recommendation therein within thirty days from the termination of the investigation. The complaint was docketed as Adm. Case No. 01-CG-2004.
Ricardo Estacio, per Memorandum4 dated 27 April 2004, was required to explain in writing under oath why he should not be held liable for conduct prejudicial to the best interest of the service.
On 03 May 2004, Estacio submitted his counter-affidavit,5 and hearings were held on 12 and 20 May 2004.
On 23 August 2004, Atty. Elisa B. Pilar-Longalong submitted her report6 with the recommendation that Mr. Ricardo Estacio may be held liable for simple misconduct with the penalty of suspension for one month.
The complaint states that sometime in September 2003, Ruperto G. Jugueta, thru his part-time driver, came to know a certain Ray Velarde who offered, for humanitarian reasons, to help secure an early decision in his case pending with the Court of Appeals. For several months, he transacted with Ray Velarde who allegedly demanded from him money in cash and in kind totaling P100,000. The amount which he claims he paid in eight installments was to be given to some court officials and employees. After three months, Mr. Jugueta says he realized he was dealing with a "professional swindler." Thus, he dared Mr. Velarde to let him meet the court personnel involved.
Sometime thereafter, Mr. Jugueta and his son, Eugene, went to the Court of Appeals. While inside their van parked in the parking lot of the Court of Appeals, Mr. Velarde called Mr. Ricardo Estacio and introduced him to Mr. Jugueta. Mr. Velarde is the brother-in-law of Mr. Estacio's sister-in-law. Messrs. Estacio and Jugueta did not talk directly to each other. The latter was just told by Velarde that Estacio will help them.
Several weeks after, without any favorable results, Mr. Jugueta demanded that Mr. Velarde allow him to talk with "the higher-ups" involved in the follow-up of his case. The latter agreed, but nothing happened. Instead, Mr. Jugueta found himself talking to a certain "Judge" by long-distance telephone in Quezon who, he says, turned out to be Mr. Velarde.
Before Christmas 2003, Mr. Velarde arranged to meet Mr. Jugueta by the stairs of the second floor of the court's (Court of Appeals) main building where he was told he will meet a "responsible official" who turned out to be Mr. Estacio. The latter, he says, promised to have the papers signed "that very night and he would call back before bedtime." Thereafter, nothing happened until he was told by Atty. Carol Peralta of the Court of Appeals that "he was just another victim."
On his part, Ricardo Estacio claims he does not know Mr. Ruperto Jugueta personally, but he remembers having met him twice. The first encounter, he says, lasted only for a few seconds where he was merely introduced by Mr. Velarde to Mr. Jugueta as his relative. On this occasion, he says he left the two talking to each other.
On the second encounter, Mr. Estacio says he was told by Mr. Jugueta that they were following up a case although no details were given to him, including the title and the case number.
In both meetings, only Messrs. Jugueta and Velarde talked. Mr. Estacio asserts he never transacted with Mr. Jugueta regarding his case and "I never promised anything to him."
Mr. Estacio claims he knows Mr. Velarde's residence at Valenzuela City, although he does not know the street and house number. He further claims he did not receive any single centavo from the complainant nor from Mr. Velarde. He says he is only being implicated so Mr. Jugueta would know the whereabouts of Mr. Velarde.
The complaint of Mr. Jugueta, Mr. Estacio charges, is perjurious. Thus, he says, it should be the former and Ray Velarde who should be charged criminally. He calls the complainant a corrupt individual who resorts to dealing with people for the corruption of the Justices.
During the investigation conducted by the Court of Appeals Assistant Clerk of Court Atty. Elisa B. Pilar-Longalong, Mr. Jugueta admitted he gave neither money nor document to Mr. Estacio. He says, however, that Mr. Estacio is a "contact" of Mr. Velarde in the Court of Appeals. He justifies this with the thought of why of the many employees in the Court of Appeals, it was he who was brought twice to him. Mr. Estacio counters saying the meetings were accidental.
To clear up the situation, Mr. Estacio, through counsel, says he would present Mr. Velarde as his witness, but this was not done.
It is well settled that in administrative proceedings, the complainant has the burden of proving by substantial evidence the allegations in his complaint.10 Substantial evidence is that amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion.11 In the case at bar, the complainant was able to substantiate his allegations.
On his part, Ricardo Estacio puts up the defense of denial. He asserts he has nothing to do with the case of Mr. Jugueta. He claims he does not even know the title and the number of the case. While he admits he has met the complainant twice, and that he knows Mr. Velarde, the latter being the brother-in-law of the wife of his brother, he claims their meetings were merely accidental. Besides, he asserts, he received no single centavo from Mr. Jugueta.
Mr. Jugueta, on the other hand, stresses he met Mr. Estacio twice and that the latter is very much aware of his case. He claims Mr. Estacio promised he would have his papers signed the second time they met and that he would call up before bedtime for the result. Thus, he concludes, Mr. Estacio is the "contact" of Mr. Ray Velarde in the Court of Appeals. He points out and argues that of the so many employees in the Court of Appeals, he was the one brought to him twice.
The Court finds the position of Mr. Estacio incredible and not in accord with the natural course of things.
The Court has scrutinized the behavior and conduct of the respondent and found him wanting of "the exacting standards of ethics and morality imposed upon court employees."
The designated investigator, Atty. Elisa B. Pilar-Longalong, Court of Appeals Assistant Clerk of Court, found respondent clerk liable for simple misconduct and recommended the penalty of suspension for one month and one day pursuant to Section 52(B) of Civil Service Commission Memorandum Circular No. 19-99.
We concur in the findings and conclusion of Atty. Longalong that respondent should be held liable. However, we do not agree in the recommendation that respondent should be held liable only for simple misconduct.
We find respondent's acting as a "contact" in the Court of Appeals constitutive of conduct grossly prejudicial to the best interest of the service. The word "gross" connotes "something out of measure; beyond allowance; not to be excused; flagrant; shameful"19 while "prejudicial" means "detrimental or derogatory to a party; naturally, probably or actually bringing about a wrong result."20 Mr. Estacio's conduct placed not only the Court of Appeals, but the entire Judiciary, in a bad light. He deported himself in a manner not deserving of the public's respect - - grossly prejudicial to the best interest of the service.
Conduct grossly prejudicial to the best interest of the service is classified as a grave offense under Section 22(t), Rule XIV of the Omnibus Rules Implementing Book V of Executive Order No. 29221 and Other Pertinent Civil Service Laws. It is penalized by suspension for six months and one day to one year, for the first offense, and dismissal for the second offense. Considering that respondent has been in the service for eleven years, and considering further that the offense he committed appears to be his first, we deem it proper to impose the penalty of suspension for six months and one day.
The Court has likewise examined the attitude, behavior and decorum of the complainant. As a retired government official, his act of seeking the "movement" of his case by way of doling out money is improper, ignoble and sordidly inappropriate. Mr. Ruperto G. Jugueta, at his age, should restudy and recommit to mind the substance and value of ethics in the conduct of private and official acts.
WHEREFORE, the Court finds respondent Ricardo Estacio GUILTY of conduct grossly prejudicial to the best interest of the service and is suspended for a period of six (6) months and one (1) day without pay, with a stern warning that a repetition of the same or similar act in the future shall be dealt with more severely.
Puno, (Acting C.J.), Austria-Martinez, Callejo, Sr., and TINGA, JJ., concur.
10 Francisco Galman Cruz v. Portia AliÃ±o-Hormachuelos, et al., A.M. No. CA-04-38, 31 March 2004, citing Licudine v. Saquilayan, A.M. No. P-02-1618, 04 February 2003, 396 SCRA 650; Sarmiento v. Salamat, AM-P-No. 01-1501, 04 September 2001, 364 SCRA 301; Montes v. Bugtas, A.M. No. RTJ-01-1627, 17 April 2001, 356 SCRA 539; Barbers v. Laguio, Jr., A.M. No. RTJ-00-1568, 15 February 2001, 351 SCRA 606; Lorena v. Encomiendo, A.M. No. MTJ-99-1177, 08 February 1999, 302 SCRA 632; Cortes v. Agcaoili, A.M. No. RTJ-98-1414, 20 August 1998, 294 SCRA 423.
11 Resngit-Marquez v. Llamas, Jr., A.M. No. RTJ-02-1708, 23 July 2002, 385 SCRA 6, 21.
12 People v. Arlee, G.R. No. 113518, 25 January 2000, 323 SCRA 201.
13 People v. Ricafranca, G.R. NOS. 124384-86, 28 January 2000, 323 SCRA 652.
15 Villanueva-Fabella v. Lee, A.M. No. MTJ-04-1518, 15 January 2004, 419 SCRA 440.
16 National Bureau of Investigation v. Tuliao, A.M. No. P-96-1184, 24 March 1997, 270 SCRA 351, citing Rivera v. Cagujas, A.M. No. P-93-792, 07 January 1994, 229 SCRA 145.
17 Jereos, Jr. v. Reblando, Sr., A.M. No. P-141, 31 May 1976, 71 SCRA 126.
18 Ratti v. Mendoza-De Castro, A.M. No. P-04-1844, 23 July 2004.
19 Canson v. Garchitorena, SB-99-9-J, 28 July 1999, 311 SCRA 268, citing Black's Law Dictionary, p. 832, 4th Ed.
20 Ballentine's Law Dictionary, p. 978, 3rd Ed., citing State v. Farrar, 103 Kan 774, 176 P 987.
21 Administrative Code of 1987.

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who make any false entry in any book or report of the bank with intent to defraud or deceive, etc., two entries on a bank's books referring to the same transaction, based upon the same draft and which were the correlated means of accomplishing a single fraud, are not separately punishable as separate offenses. P. 281 U. S. 204.
2. The offense under this section of making a false entry in a report of condition of a bank, showing a credit, is distinct from the offense of making an earlier false entry on its books, showing the same credit. P. 281 U. S. 205.
3. In a prosecution under this section for making a false entry of credit in a report of the bank's condition with intent to defraud and deceive, a former acquittal upon a charge of making with like intent earlier entries of the same credit on the bank's books is not a bar, since the acquittal, though it establishes that the book entries were not made with criminal intent, does not establish that they were true, and non constat but that the accused may have learned of their falsity after entering them on the books and before making the report. P. 281 U. S. 205.
Appeals from judgments of the district court sustaining pleas of former acquittal in bar of two indictments, one charging that the appellee made a false entry on a book of a bank of which he was president, and the other that he made a false entry in a report of its condition.
credit of himself and sons, which it is averred that he had not made. The book was a ledger showing the account of D. D. Adams & Sons, among others, with the bank. The defendant pleaded a former acquittal. The previous indictment was for a false entry in another book of the bank known as the journal ledger and daily balance book, and imported a remittance of $75,000 to another bank to the credit of the defendant's own for which the defendant took credit as above stated. This remittance was a draft for $75,000 which it was alleged that Adams was not entitled to draw. The two entries had reference to the same transaction, were based upon the same draft and were the correlated means of accomplishing a single fraud if fraud there had been. The district court held that, on its construction of Rev.Sts. § 5209, as amended by the Act of September 26, 1918, c. 177, § 7, 40 Stat. 967, 972; U.S.C. Title 12, § 592, there could be but one prosecution for false entries based upon any single draft, even though several different entries were made in the different books of the bank, all relating to the same. Therefore, it sustained the plea. The United States appealed.
It is a short point. The statute punishes any officer of a federal reserve bank who makes any false entry in any book of the bank with intent, etc. The government contends for the most literal reading of the words, and that every such entry is a separate offense to be separately punished. But we think that it cannot have been contemplated that the mere multiplication of entries, all to the same point and with a single intent, should multiply the punishment in proportion to the complexity of the bookkeeping. The judgment in this case is affirmed.
than federal reserve banks $138,409.52 instead of the true sum, $91,284.27. The plea of former acquittal we take as intended to allege that the difference was made by three items in respect of which the defendant had been indicted for false entries in the books of the bank, of a similar character to those in the other case, with intent to defraud the bank and the examiners appointed to examine its affairs. On this indictment also, the defendant was acquitted. It is obvious that, technically, the plea was had because the offense alleged was a different offense. The report is not an entry in the books of the bank and does not purport to be a mere transcript of entries. It is a present affirmation as to the resources of the bank -- a document different from the books of the bank and having a different purpose. But, although not technically a former acquittal, the judgment was conclusive upon all that it decided. United States v. Oppenheimer, 242 U. S. 85. It establishes that at the time of making the entries, the defendant was not guilty of an intent to defraud the bank or the examiners. It does not establish that the entries were true, although that might have been a ground for the verdict. Washington, Alexandria & Georgetown Steam Packet Co. v. Sickles, 5 Wall. 580; De Sollar v. Hanscome, 158 U. S. 216, 158 U. S. 221-222. An alternative possible ground is that, although the entries were untrue the defendant believed them to be true or for some reason believed them to be justified. However unlikely it may be that there was a different intent at the time of the later act from that with which the entries were made in the books of the bank, it is entirely possible that the defendant supposed himself to be acting lawfully at the earlier moment, but that he had acquired more accurate knowledge before he signed the report, that he then knew that it was false and was guilty then, although not before.


65-1131. Advanced practice registered nurse; licensure; fees; license with temporary permit; exempt license; inactive license. (a) (1) Licensure. Upon application to the board by any professional nurse in this state and upon satisfaction of the standards and requirements established by the board under K.S.A. 65-1130, and amendments thereto, the board may issue a license to such applicant authorizing the applicant to perform the duties of an advanced practice registered nurse as defined by the board under K.S.A. 65-1130, and amendments thereto.
(2) The board may issue a license to practice nursing as an advanced practice registered nurse to an applicant who has been duly licensed or certified as an advanced practice registered nurse under the laws of another state or territory if, in the opinion of the board, the applicant meets the licensure qualifications required of an advanced practice registered nurse in this state. Verification of the applicant's licensure or certification status shall be required from the original state of licensure or certification.
(3) An application to the board for a license, a license with temporary permit, renewal of a license and reinstatement of a license shall be upon such form and contain such information as the board may require and shall be accompanied by a fee, to be established by rules and regulations adopted by the board, to assist in defraying the expenses in connection with the issuance of licenses as advanced practice registered nurses, in an amount fixed by the board under K.S.A. 65-1118, and amendments thereto.
(4) An application for initial licensure or endorsement will be held awaiting completion of meeting qualifications for a time period specified in rules and regulations.
(5) The executive administrator of the board shall remit all moneys received pursuant to this section to the state treasurer as provided by K.S.A. 74-1108, and amendments thereto.
(b) The board may grant a one-time temporary permit to practice as an advanced practice registered nurse for a period of not more than 180 days pending completion of the application for a license.
(c) Exempt license. The board may issue an exempt license to any advanced practice registered nurse as defined in rules and regulations who makes written application for such license on a form provided by the board, who remits a fee as established pursuant to K.S.A. 65-1118, and amendments thereto, and who is not regularly engaged in advanced practice registered nursing in Kansas but volunteers advanced practice registered nursing services or is a charitable healthcare provider as defined by K.S.A. 75-6102, and amendments thereto. Each exempt advanced practice registered nurse shall be subject to all provisions of the nurse practice act. Each exempt license may be renewed biennially subject to the provisions of this section. To convert an exempt license to an active license, the exempt advanced practice registered nurse shall meet all the requirements of subsection (a) or K.S.A. 65-1132, and amendments thereto. An advanced practice registered nurse who has been granted an exempt license pursuant to this subsection shall be exempt from the requirements of K.S.A. 40-3402 and 40-3404, and amendments thereto.
(d) Inactive license. The board may issue an inactive license to any advanced practice registered nurse as defined in rules and regulations who makes written application for such license on a form provided by the board, who remits a fee as established pursuant to K.S.A. 65-1118, and amendments thereto, and who is not regularly engaged in advanced practice registered nursing in Kansas. The holder of an inactive license shall not be required to submit evidence of satisfactory completion of a program of continuing education required by K.S.A. 65-1117 and 65-1132, and amendments thereto. An inactive license shall not entitle the holder to engage in advanced practice registered nursing in this state. Each inactive license may be renewed subject to the provisions of this section. An inactive licensee may apply for a license to regularly engage in advanced practice registered nursing upon filing a written reinstatement application with the board. The application shall be on a form provided by the board and shall be accompanied by the license fee established pursuant to K.S.A. 65-1118, and amendments thereto. An applicant for a license to practice as an advanced practice registered nurse who has not been licensed to practice advanced practice registered nursing for five years preceding application shall be required to successfully complete a refresher course as defined by the board. The board shall by rules and regulations establish appropriate continuing education requirements for inactive licensees to become licensed to regularly engage in advanced practice registered nursing in this state. An advanced practice registered nurse who has been granted an inactive license pursuant to this subsection shall be exempt from the requirements of K.S.A. 40-3402 and 40-3404, and amendments thereto.
(e) The board shall have authority to adopt rules and regulations to carry out the provisions of this section.
History: L. 1983, ch. 206, § 3; L. 1992, ch. 135, § 3; L. 1997, ch. 158, § 6; L. 1999, ch. 84, § 3; L. 2011, ch. 114, § 45; L. 2017, ch. 35, § 5; July 1.


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During the late 19th century, the Federal Government instituted a policy of removing portions of reservation land from tribal ownership and federal protection, allotting some parcels to individual Indians in fee simple and providing for other parcels to be sold to non-Indians. Most allotments were implemented pursuant to the General Allotment Act (GAA), which provided that land would be patented to individual Indians and held in trust for 25 years, after which title would be conveyed in fee simple, §5, and that Indian allottees were subject to plenary state jurisdiction, §6. The Burke Act amended §6 to provide that state jurisdiction did not attach until the end of the trust period, and contained a proviso to the effect that the Secretary of the Interior could issue a fee simple patent before the trust period's end and thereafter restrictions as to, inter alia, taxation would be removed. Allotment of the Minnesota reservation lands of respondent Leech Lake Band of Chippewa Indians (Band) was implemented through the Nelson Act of 1889, which provided for the reservation land to be alienated from tribal ownership in three ways: under §3, parcels were allotted to individual Indians as provided by the GAA; under §§4 and 5, pine lands were sold at public auction to nonIndians; and under §6, agricultural lands were sold to non-Indian settlers as homesteads. After Congress ended the allotment practice, the Band began purchasing back parcels of reservation land that had been allotted to individual Indians or sold to non-Indians. Based on this Court's decision, in County of Yakima v. Confederated Tribes and Bands of Yakima Nation, 502 U.S. 251, 253 -254, that a county could assess ad valorem taxes on reservation land owned in fee by individual Indians or the tribe that had originally been made alienable when patented under the GAA, petitioner Cass County began assessing such taxes on 21 parcels of reservation land that had been alienated under the Nelson Act and reacquired by the Band. Thirteen of the parcels had been allotted to Indians and the remaining eight had been sold to non-Indians. The Band paid the taxes, interest, and penalties under protest and filed suit seeking a declaratory judgment that the county could not tax the parcels. The District Court granted the county summary judgment, holding that the parcels were taxable because, under Yakima, if Congress has made Indian land freely alienable, States may tax the land. The Eighth Circuit affirmed in part and reversed in part, holding that the parcels allotted to Indians could be taxed if patented under the Burke Act proviso, which made "unmistakably clear" Congress' intent to allow such taxation, but that the eight parcels sold to non-Indians could not. Only those eight parcels are at issue here.
Held: State and local governments may impose ad valorem taxes on reservation land that was made alienable by Congress and sold to non-Indians, but was later repurchased by the tribe. Pp. 6-11.
(a) Congress' intent to authorize state and local taxation of Indian reservation land must be " 'unmistakably clear.' " Yakima, 502 U.S., at 258 . Congress has manifested such an intent when it has authorized reservation lands to be allotted in fee to individual Indians, making the lands freely alienable and withdrawing them from federal protection. This was the case in both Yakima and Goudy v. Meath, 203 U.S. 146 . The Goudy Court concluded that, because it would be unreasonable for Congress to withdraw federal protection and permit an Indian to dispose of his lands as he pleased, while releasing the lands from taxation, Congress would have to "clearly manifest" such a contrary purpose in order to counteract the consequence of taxability that ordinarily flows from alienability. Id., at 149. The Yakima Court found that both the Burke Act proviso and §5 of the GAA manifested an unmistakably clear intent to allow state and local taxation of allotted land. The Eighth Circuit thus erred in concluding that Yakima turned on the Burke Act proviso's express reference to taxability. Both it and Goudy stand for the proposition that when Congress makes reservation lands freely alienable, it is unmistakably clear that Congress intends that land to be taxable by state and local governments, unless a contrary intent is "clearly manifested." Yakima, 502 U.S., at 259 . Pp. 6-9.
(b) The foregoing principle controls the disposition of this case. By providing for the public sale of reservation land to non-Indians in the Nelson Act, Congress removed that land from federal protection and made it fully alienable. Under Yakima and Goudy, therefore, it is taxable. The Eighth Circuit's contrary holding attributes to Congress the odd intent that parcels conveyed to Indians are taxable, while parcels sold to the general public remain tax-exempt. Contrary to the Band's argument, a tribe's subsequent repurchase of alienable reservation land does not manifest any congressional intent to reassume federal protection of the land and to oust state taxing authority, particularly when Congress relinquished such protection many years before. Further, holding that tax-exempt status automatically attaches when a tribe acquires reservation land would render unnecessary §465 of the Indian Reorganization Act, which gives the Secretary of the Interior authority to place land in trust, held for the Indians' benefit and tax-exempt, and which respondent has used to restore federal trust status to seven of the eight parcels at issue. Pp. 9-10.
108 F. 3d 820, reversed in part. T HOMAS , J., delivered the opinion for a unanimous Court.
We granted certiorari in this case to resolve whether state and local governments may tax reservation land that was made alienable by Congress and sold to non-Indians by the Federal Government, but was later repurchased by a tribe. We hold that ad valorem taxes may be imposed upon such land because, under the test established by our precedents, Congress has made "unmistakably clear" its intent to allow such taxation.
The Leech Lake Band of Chippewa Indians is a federally recognized Indian tribe. The Leech Lake Reservation, which today encompasses 588,684 acres within the northern Minnesota counties of Cass, Itasca, and Beltrami, was established by federal treaty in 1855 and was augmented by subsequent treaties and executive orders.
During the late 19th century, the Federal Government changed its policy of setting aside reservation lands exclusively for Indian tribes under federal supervision. The new "allotment" policy removed significant portions of reservation land from tribal ownership and federal protection, allotting some parcels to individual Indians in fee simple and providing for other parcels to be sold to nonIndians. See County of Yakima v. Confederated Tribes and Bands of Yakima Nation, 502 U.S. 251, 253 -254 (1992); F. Cohen, Handbook of Federal Indian Law 127-138 (1982). The purpose of the policy was to assimilate Indians into American society and to open reservation lands to ownership by non-Indians. Id., at 128.
"in fee, discharged of said trust and free of all charge or incumbrance whatsoever. . . . And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void. . . ."
Section 6 of the GAA, as originally enacted in 1887, provided that "each and every member of the respective bands or tribes of Indians to whom allotments have been made shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside." 24 Stat. 388. In 1905, this Court interpreted §6 to mean that Indian allottees were subject to plenary state jurisdiction immediately upon issuance of the trust patent. See In re Heff, 197 U.S. 488 (1905).
The following year, Congress reversed the result of In re Heff by passing the Burke Act, 34 Stat. 182, 25 U.S.C. § 349 which amended §6 of the GAA to provide that state jurisdiction did not attach until the end of the 25-year trust period, when the lands were conveyed to the Indians in fee. The Burke Act also contained a proviso to the effect that the Secretary of the Interior could, if "satisfied that any Indian allottee is competent and capable of managing his or her affairs," authorize issuance of a fee simple patent to the land before the end of the usual trust period, "and thereafter all restrictions as to sale, incumbrance, or taxation of said land shall be removed . . . ." Ibid.
For the Leech Lake Band and other Chippewa tribes in Minnesota, the allotment policy was implemented through the Nelson Act of 1889. 25 Stat. 642. The Nelson Act provided for the "complete cession and relinquishment" of tribal title to all reservation land in the state of Minnesota, except for parts of two reservations, to the United States. After such "complete cession and relinquishment," which "operate[d] as a complete extinguishment of Indian title," the lands were to be disposed of in one of three ways: under §3, the United States would allot parcels to individual tribe members as provided in the GAA; under §§4 and 5, so-called "pine lands" (surveyed 40-acre lots with standing or growing pine timber) were to be sold by the United States at public auction to the highest bidder; and under §6, the remainder of the reservation land (called "agricultural lands") was to be sold by the United States to non-Indian settlers under the provisions of the Homestead Act of 1862, 12 Stat. 392.
In 1934, federal Indian policy shifted dramatically when Congress enacted the Indian Reorganization Act, ch. 576, 48 Stat. 984, 25 U.S.C. § 461 et seq. , which ended the practice of making federal allotments to individual Indians. Although the Reorganization Act did not repeal allotment statutes such as the Nelson Act, it extended the trust period for lands already allotted but not yet fee patented, provided that unallotted surplus lands would be restored to tribal ownership, and allowed additional lands "within or without existing reservations" to be acquired by the Federal Government for the tribes. See §§461, 462, 463, 465.
In 1977, the Leech Lake Band and individual Band members owned only about 27,000 acres--less than five percent--of Leech Lake Reservation land. See State v. Forge , 262 N.W. 2d 341, 343, and n. 1 (Minn. 1977). Since then, the Leech Lake Band has sought to re-establish its land base by purchasing back parcels of reservation land that were allotted to individual Indians or sold to nonIndians during the allotment period.
In 1992, we held in County of Yakima v. Confederated Tribes and Bands of Yakima Nation, supra , that a county could assess ad valorem taxes on reservation land owned in fee by individual Indians or the tribe and originally made alienable when patented in fee simple under the GAA.
In 1993, Cass County began assessing ad valorem taxes on 21 parcels of reservation land that had been alienated from tribal control under the various provisions of the Nelson Act and later reacquired by the Leech Lake Band. Thirteen of the parcels had been allotted to individual Indians under §3; seven had been sold to non-Indians as pine lands under §§4 and 5 for commercial timber harvest; and one parcel had been distributed to a non-Indian under §6 as a homestead plot. Under protest and to avoid foreclosure, the Leech Lake Band paid more than $64,000 in taxes, interest, and penalties.
The District Court granted summary judg ment in favor of Cass County, holding that all of the land that had been alienated from tribal ownership under the Nelson Act was taxable. 908 F. Supp. 689 (Minn. 1995). The District Court interpreted our decision in Yakima to mean that "if Congress has made Indian land freely alienable, states may tax the land"--that is, "alienability equals taxability." Id., at 693.
A divided panel of the United States Court of Appeals for the Eighth Circuit affirmed in part and reversed in part. 108 F. 3d 820 (1997). Noting that Yakima reaffirmed prior statements by this Court indicating that Congress must make "unmistakably clear" its intent to subject reservation lands to state or local taxation, 108 F.3d , at 826, the panel majority held that the 13 parcels allotted to individual Indians under §3 of the Nelson Act could be taxed so long as the District Court confirmed on remand that they had been patented after passage of the Burke Act proviso, because the explicit mention of "taxation" in the proviso manifested the necessary "unmistakably clear" intent. Id., at 827, 829-830. But the panel majority further held that the eight parcels sold as pine lands or homestead land under §§4-6 of the Nelson Act could not be taxed because those sections, "unlike §3, did not incorporate the GAA or include any mention of an intent to tax lands distributed under them which might become reacquired by the Band in fee." Id., at 829.
Judge Magill concurred with the majority on the taxability of the 13 allotted parcels, but he dissented from the holding that the remaining 8 parcels were not also taxable. In his view, Yakima propounded "the clear rule . . . that alienability allows taxation." Id., at 831.
State and local governments may not tax Indian reservation land " 'absent cession of jurisdiction or other federal statutes permitting it.' " County of Yakima v. Confederated Tribes and Bands of Yakima Nation, 502 U.S., at 258 (quoting Mescalero Apache Tribe v. Jones, 411 U.S. 145, 148 (1973)). We have consistently declined to find that Congress has authorized such taxation unless it has " 'made its intention to do so unmistakably clear.' " Yakima, supra , at 258 (quoting Montana v. Blackfeet Tribe, 471 U.S. 759, 765 (1985)). We have determined that Congress has manifested such an intent when it has authorized reservation lands to be allotted in fee to individual Indians, thus making the lands freely alienable and withdrawing them from federal protection. This was the case in both Yakima and Goudy v. Meath, 203 U.S. 146 (1906), in which this Court held that land, allotted and patented in fee to individual Indians and thus rendered freely alienable after the expiration of federal trust status, was subject to county ad valorem taxes even though it was within a reservation and held by either individual Indians or a tribe.
In Goudy , Congress had made reservation land alienable by authorizing the President to issue patents to individual members of the Puyallup Tribe. The President issued such a patent to the plaintiff shortly before Washington became a State. The treaty of March 16, 1854, between the United States and the Puyallup Tribe, 10 Stat. 1043, provided that such fee-patented land "shall be exempt from levy, sale, or forfeiture" until a State constitution was adopted and the State legislature removed the restrictions with Congress's consent. When Washington became a State, its legislature passed a law authorizing the sale of reservation lands; shortly thereafter, Congress authorized the appointment of a commission with the power to superintend the sale of those lands, with the proviso that "the Indian allottees shall not have power of alienation of the allotted lands not selected for sale by said Commission for a period of ten years from the date of the passage of this act." 27 Stat. 633 (1893).
"That Congress may grant the power of voluntary sale, while withholding the land from taxation or forced alienation may be conceded. . . . But while Congress may make such provision, its intent to do so should be clearly manifested."
The Goudy Court concluded that it would "seem strange [for Congress] to withdraw [federal] protection and permit the Indian to dispose of his lands as he pleases, while at the same time releasing [the lands] from taxation." Ibid. Indeed, because such congressional purpose would be unreasonable, Congress would have to "clearly manifest" such a contrary purpose in order to counteract the consequence of taxability that ordinarily flows from alienability. Ibid.
We reasoned that Goudy , "without even mentioning the Burke Act proviso," 502 U.S., at 259 , had held that state tax laws applied to the Indian allottee at the expiration of the trust period: "[I]t was the alienability of the allotted lands . . . that the [ Goudy ] Court found of central significance." Id., at 263. (Emphasis deleted.) And we reiterated Goudy 's point that, although it is possible for Congress to render reservation land alienable and still forbid states from taxing it, this unlikely arrangement would not be presumed unless Congress "clearly manifested" such an intent. Ibid. (internal quotation marks and citation omitted).
The Court of Appeals thus erred in concluding that our holding in Yakima turned on the Burke Act proviso's express reference to taxability. Yakima , like Goudy , stands for the proposition that when Congress makes reservation lands freely alienable, it is "unmistakably clear" that Congress intends that land to be taxable by state and local governments, unless a contrary intent is "clearly manifested." Ibid.
The foregoing principle controls the disposition of this case. In §§5 and 6 of the Nelson Act, Congress provided for the public sale of pine lands and agricultural "homestead" lands by the Federal Government to non-Indians. Congress thereby removed that reservation land from federal protection and made it fully alienable. Under Goudy and Yakima , therefore, it is taxable. Indeed, this conclusion flows a fortiori from Goudy and Yakima : those cases establish that Congress clearly intended reservation lands conveyed in fee to Indians to be subject to taxation; hence Congress surely intended reservation lands conveyed in fee to non-Indians also to be taxable. The Court of Appeals' contrary holding attributes to Congress the odd intent that parcels conveyed to Indians are to assume taxable status, while parcels sold to the general public are to remain tax-exempt.
The Band essentially argues that, although its tax immunity lay dormant during the period when the eight parcels were held by non-Indians, its reacquisition of the lands in fee rendered them non-taxable once again. We reject this contention. As explained, once Congress has demonstrated (as it has here) a clear intent to subject the land to taxation by making it alienable, Congress must make an unmistakably clear statement in order to render it non-taxable. See County of Yakima v. Confederated Tribes and Bands of Yakima Nation, 502 U. S. , at 263 (citing Goudy v. Meath, supra, at 149). The subsequent repurchase of reservation land by a tribe does not manifest any congressional intent to reassume federal protection of that land and to oust state taxing authority--particularly when Congress explicitly relinquished such protection many years before.
"The Secretary of the Interior is authorized, in his discretion, to acquire, through purchase, relinquishment, gift, exchange, or assignment, and interest in lands . . . within or without existing reservations . . . for the purpose of providing land for Indians. . . . "Title to any lands . . . shall be taken in the name of the United States in trust for the Indian tribe or individual Indian for which the land is acquired, and such lands . . . shall be exempt from State and local taxation."
When Congress makes Indian reservation land freely alienable, it manifests an unmistakably clear intent to render such land subject to state and local taxation. The repurchase of such land by an Indian tribe does not cause the land to reassume tax-exempt status. The eight parcels at issue here were therefore taxable unless and until they were restored to federal trust protection under §465. The judgment of the Court of Appeals with respect to those lands is reversed.
It is so ordered. ----- 5 The Leech Lake Band and the United States, as amicus , also ar- gue that the parcels at issue here are not alienable--and therefore not taxable--under the terms of the Indian Nonintercourse Act, which provides: "No purchase, grant, lease, or other conveyance of lands . . . from any Indian nation or tribe . . . shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution." 25 U. S. C. §177. This Court has never determined whether the Indian Noninter- course Act, which was enacted in 1834, applies to land that has been rendered alienable by Congress and later reacquired by an Indian tribe. Because this issue is outside the question presented in the petition for certiorari, see Pet. for Cert. i (question is whether land is "subject to state and local taxation if it remains freely alienable"), and because it was not addressed by the Court of Appeals, we decline to consider it for the first time in this Court. See, e.g., Matsushita Elec. Indus. Co. v. Epstein , 516 U.S. 367, 379 , n. 5 (1996) (declining to address issue both because it was "outside the scope of the question presented in this Court" and because "we generally do not address arguments that were not the basis for the decision below").
[ Footnote 1 ] Also in 1995, the Band successfully applied, pursuant to §465 of the Indian Reorganization Act, 25 U.S.C. § 465 to restore 11 of the parcels to federal trust status. See infra, at 10; App. to Pet. for Cert. 56; Tr. of S 1564 1646 (Ora) Arg.
[ Footnote 2 ] We denied the cross-petition for a writ of certiorari filed by the Band, which sought review of the holding by the courts below that the 13 parcels allotted to Indians under §3 of the Nelson Act are taxable.
[ Footnote 3 ] We are concerned here only with Yakima 's holding with respect to ad valorem taxes such as those at issue in this case. Yakima also held that the GAA did not authorize the county to impose an excise tax on the sale of land held by individual Indians or by the tribe, because such a tax did not constitute the "taxation of land." See County of Yakima v. Confederated Tribes and Bands of Yakima Nation, 502 U.S. 251, 268269 (1992). That holding, however, is not relevant to this case, which involves only an ad valorem tax on land itself, rather than an excise tax on a transaction.
[ Footnote 4 ] The Burke Act proviso, as noted, see supra, at 3, did not itself authorize taxation of fee-patented land; it merely altered the result of In re Heff, 197 U.S. 488 (1905), as to when parcels allotted to the Indians could be alienated and taxed. In re Heff had held this occurred as soon as allotted lands were patented to the Indians in trust (during which the land would still be under the protection of the federal government); the Burke Act proviso stated that this did not occur until the lands were patented in fee .


The claimant was represented by Richard Lynch, Esq., Lynch, Traub, Keefe & Errante, 52 Trumbull St., New Haven, CT 06506.
The respondents were represented by Maureen E. Driscoll, Esq., Maher & Williams, 1300 Post Road, P. O. Box 550, Fairfield, CT 06430-0550.
This Petition for Review from the March 20, 1997 Finding of Compensability by the Commissioner acting for the Third District was heard November 21, 1997 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners James J. Metro and John A. Mastropietro.
JESSE M. FRANKL, CHAIRMAN. The respondents have petitioned for review from the March 20, 1997 Finding of Compensability by the Commissioner acting for the Third District. They contend that the trier erred by ruling that liability for the claimant’s disc surgery was allocable to three earlier compensable injuries rather than a 1995 injury that occurred at the claimant’s home. We affirm the trial commissioner’s decision.
The trial commissioner found that the claimant had been employed as a police officer by the Town of Orange since 1988. In 1989 he suffered a lumbar spine injury when he was involved in a motor vehicle accident during the course of his employment. A similar incident occurred again in 1992. Both times, he was treated by Dr. Nolasco, and returned to work. The claimant stated that these back injuries caused him to experience muscle stiffness, pain and soreness, and made it uncomfortable to sit, stand or lie down.
In March 1993, the claimant suffered another work-related back injury after slipping on ice while responding to a burglar alarm. He stated that this injury caused sharp pain in his back and hips, and that he has suffered from sciatic pain ever since. Dr. Nolasco referred the claimant to Dr. Mastroianni, a neurosurgeon, after the 1993 injury. The claimant then began wearing a back support, which he claims to have used whenever he worked overtime. He also began an exercise regime in 1993 for his back muscles. An MRI was performed, and Dr. Garver’s report did not indicate a herniated disc in the lumbar area, although it did mention a small bulge at L4-5. Finding of Compensability, ¶ 34; Respondent’s Exhibit 1. Dr. Mastroianni’s report noted “mild degenerative changes at several levels,” with no definite disc herniation. Claimant’s Exhibit U.
On September 6, 1995, the claimant was cleaning his garage at home when he lifted a small broom and a light bag of trash. He experienced back pain and fell to the floor. He was hospitalized, and an MRI indicated that he had suffered an L5-S1 disc herniation, for which Dr. Mastroianni performed surgery on September 25, 1995. Dr. Mastroianni opined that the herniated disc had been present for a long period of time because an osteophyte had formed on the L5-S1 disc, and osteophytes take months or years to form. The films from the 1993 MRI were no longer available, but Dr. Mastroianni stated that he had reviewed them in the past and believed there was an indication of a herniated disc based on the MRI and the claimant’s symptoms and functional limitations in 1993. The doctor felt that the September 6, 1995 incident was minor, and could not have caused a major change in the claimant’s disc.
Dr. Robinson, who examined the claimant in December 1995, was of a different opinion. He thought that the claimant’s 1989, 1992 and 1993 injuries were simply musculoligamentous strains of the lumbar spine, and opined that the claimant had suffered the herniated disc on September 6, 1995. The trial commissioner accepted Dr. Mastroianni’s opinion that the claimant’s herniated disc was related to his previous lumbar spine injuries over the opinion of Dr. Robinson, and ruled the claimant’s lumbar disc surgery to be compensable. The respondents have appealed that decision.
Determining whether an injury arose out of and in the course of employment is a question of fact for the trial commissioner. Crochiere v. Board of Education, 227 Conn. 333, 346 (1993). When this board considers an appeal from a commissioner’s decision, we do not try the facts de novo. Id., 347. As it is the trial commissioner who possesses the authority to determine the weight of the evidence and the credibility of the witnesses; Webb v. Pfizer, Inc., 14 Conn. Workers’ Comp. Rev. Op. 69, 70-71, 1859 CRB-5-93-9 (May 12, 1995); the findings made by the trier must stand as long as they are supported by evidence in the record, and have not omitted material and undisputed facts. Id., 71. We also must uphold the trial commissioner’s conclusions unless they result from an incorrect application of the law to the subordinate facts or from an inference illegally or unreasonably drawn from them. Id.; Crochiere, supra.
The respondents allege that the commissioner erred in denying the corrections requested in their Motion to Correct. Where a party’s requested corrections pertain to the credibility of the witnesses or would not affect the outcome of a case, the trial commissioner is not required to grant those corrections. Kish v. Nursing & Home Care, Inc., 47 Conn. App. 620, 627 (1998); Webb, supra, 71. A significant number of the corrections discussed in the respondents’ brief would merely be cumulative if placed in the findings, such as the fact that the claimant returned to duty shortly after each of his three injuries that occurred at work, and his lack of medical treatment between October 1993 and September 1995.
Other requested corrections concerned the credibility of lay and medical evidence, which is specifically the prerogative of the trial commissioner. See Jusiewicz v. Reliance Automotive, 3140 CRB-6-95-8 (decided Jan. 24, 1997). The trier was not required to cite Dr. Lipow’s report in his decision, nor was he required to credit Dr. Robinson’s opinion over that of Dr. Mastroianni. Further, the commissioner was entitled to accept Dr. Mastroianni’s explanation regarding his failure to pick up the severity of the claimant’s symptoms after the 1993 MRI, as well as his attribution of the causal relationship between the claimant’s compensable back injuries and his 1995 disc herniation. See Claimant’s Exhibit G, p. 17, 37-38. Ultimately, the trial commissioner’s factual findings recited earlier in this opinion are supported by evidence in the record, and this board does not have the power to alter them in any way on review. Kish, supra; Webb, supra.
The respondents also argue that the claimant’s herniated disc occurred while he was at home cleaning out his garage, and thus cannot have arisen out of and in the course of his employment. They contend that the claimant had been healthy for two years prior to the injury, and thus the “worsening” of his condition as a result of the 1995 incident cannot be considered a relapse or recurrence of his previous injury. We disagree.
In Niebler v. Waldbaum’s Foodmart, 14 Conn. Workers’ Comp. Rev. Op. 61, 1851 CRB-3-93-9 (May 11, 1995), a claimant suffered repetitive back strains at work while carrying heavy containers, which the commissioner found to be responsible for a disc herniation that actually occurred while the claimant was bending over in her house. Id., 74. We stated that the claimant’s act of bending was a “trivial” incident that did not interrupt the chain of causation between her workplace repetitive trauma and her disc herniation. A similar situation occurred in Hanzlik v. James Freccia Auto Body, 15 Conn. Workers’ Comp. Rev. Op. 2, 1984 CRB-7-94-3 (Nov. 1, 1995), aff’d, 43 Conn. App. 908 (1996) (per curiam), where the claimant herniated a disc in 1992 while picking up a three-ounce piece of car molding. That injury was found to be attributable to a 1989 injury that predisposed the claimant to a subsequent disc herniation.
Here, Dr. Mastroianni explicitly testified that the 1995 incident was minor, and that the claimant’s need for surgery was at least 80-85 % due to the previous disc herniation and its probable natural progression. He also stated that surgery would have been inevitable at some point, even without the 1995 lifting incident. Claimant’s Exhibit G, p. 36-38. This testimony supports an outcome similar to those in Hanzlik and Neibler, and the commissioner found accordingly. His decision was fully consistent with our law. The issue of a potential apportionment of responsibility for this incident as between the three work-related injuries is raised in the respondents’ brief, but was not discussed at trial. Thus, we cannot review that matter on appeal.
The trial commissioner’s decision is affirmed. Insofar as benefits already due have not been paid pending the outcome of this appeal, the claimant is awarded interest pursuant to § 31-301c(b).