Whether treaties with Indian tribes must be construed consistent with that tribe's present-sense understanding of the treaty

QUESTIONS PRESENTED Whether treaties with Indian tribes must be construed consistent with that tribe’s present-sense understanding of the treaty. Whether the Miccosukee Tribe’s long-standing method of compensation for use of Tribal member lands and distributing revenue from land to its members can be considered a “mere formalism” to avoid inclusion and taxation as income to the members when the Tribe’s chosen method of compensation is soundly in line with federal law and policy. Whether the Assistant Secretary of the Interior through its designated representative can interpret, waive, modify or exempt payments made to tribal members from inclusion as income.