David Littlefield, et al. v. Department of the Interior, et al.
AdministrativeLaw Securities JusticiabilityDoctri
Whether the decision of the court of appeals conflicts with Carcieri?
QUESTION PRESENTED In Carcieri v. Salazar, 555 U.S. 3879 (2009) (“Carcieri”), this Court held that Congress, when enacting the Indian Reorganization Act of 1934, narrowed the Interior Secretary’s authority to take land into trust for “Indians” by limiting that term to mean members of tribes that were recognized and under federal jurisdiction in 1934. In this case, the court of appeals concluded that the Secretary had authority to take land into trust for a group of Indians that Interior said in 1934 consisted of tribal remnants never under federal jurisdiction; that a federal court determined in 1978 did not exist as a tribe after 1869; and that the Secretary did not recognize as a tribe until 2007. The questions presented is: Whether the decision of the court of appeals conflicts with Carcieri?