1. Whether, or in what circumstances, a court may override an Act of Congress adopting a boundary for an Indian reservation, and set its own boundary.
2. Whether the Ninth Circuit erred by holding-in conflict with the decisions of this Court, including a decision involving the very boundary at issue-that the Reservation encompasses the area at issue.
Whether the Maine Indian Settlement Acts— consistent with this Court’s precedents on statutory interpretation and the Indian canons of construction— codify the historical understanding of the Penobscot Nation, the United States, and the State that the Penobscot Reservation encompasses the Main Stem of the Penobscot River.
[Wall art at the Tigua Indian Cultural Center at the Ysleta del Sur Pueblo, which celebrates more than 300 years of tribal history in El Paso, Texas — Library of Congress]
1. In view of Sherrill, whether New York tribes exercise “concurrent” jurisdiction over fee lands within the plenary taxing and regulatory authority of the state and local governments, thereby enabling those tribes to engage in gaming under the Indian Gaming Regulatory Act (IGRA), and cause the same or greater disruptions of settled expectations condemned by this Court in Sherrill.
2. Whether fee lands under plenary state and local taxation and regulation (per Sherrill) constitute “Indian lands” under IGRA because those lands are located within the Cayugas’ historic reservation.
3. Whether the Cayuga Nation’s ancient reservation was disestablished.
1. Whether an Indian tribe incorporated by federal charter under section 17 of the Indian Reorganization Act of 1934 (25 U.S.C. § 5124) is an “Indian tribe or band with a governing body duly recognized by the Secretary of the Interior” authorized to bring suit under 28 U.S.C. § 1362.
2. Whether the Indian Trader Statutes (25 U.S.C. §§ 261-263) or the Bracker balancing test (see White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980)) preempts the State of California’s regulation of intertribal cigarette sales, where an Indian tribe sells tribally manufactured cigarettes to Indian tribal buyers on their home reservations.
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