Stand Up for California!, et al. v. Department of the Interior, et al.
AdministrativeLaw Environmental SocialSecurity Privacy JusticiabilityDoctri
Whether the Secretary can acquire land in trust on behalf of Indians whose federal supervision was terminated by Congress
QUESTION PRESENTED The California Rancheria Termination Act of 1958 directed the Secretary of the Interior to distribute the land and assets of 41 rancherias to resident Indians. Pub. L. No. 85-671, 72 Stat. 619. The Indians who received a distribution of rancheria property ceased to be eligible for services provided to Indians, and federal statutes affecting Indians no longer applied to them. § 10(b), 72 Stat. 621. The Indians living on the Wilton Rancheria voted to be included in the Act, and federal supervision over them was terminated. Decades later, the Secretary declared that the Wilton Indians were once again entitled to Indian services. The Secretary then acquired land in trust on their behalf under Section 5 of the Indian Reorganization Act of 1934, 25 U.S.C. § 5108, which authorizes the Secretary to acquire land “for the purpose of providing land for Indians.” The question presented is: Whether the Secretary can acquire land in trust on behalf of Indians whose federal supervision was terminated by Congress.