Whether Congress delegated to the Department of the Interior the authority to reject a mandatory trust submission for tribal land acquisition under the Michigan Indian Land Claims Settlement Act

QUESTIONS PRESENTED The Michigan Indian Land Claims Settlement Act (“MILCSA”) established a Self-Sufficiency Fund for the Sault Ste. Marie Tribe of Chippewa Indians to receive judgment funds that settled claims against the United States for the unconscionable taking of tribal lands. The statute, which codified a negotiated agreement between the Tribe and the United States, gave the Tribe’s Board of Directors exclusive authority over the Self-Sufficiency Fund, including determinations about the proper use of Fund capital and interest. The broad purposes for which the Tribe may expend Fund interest under MILCSA include the “enhancement of tribal lands.” §108(c)(5).! And MILCSA requires the Secretary of the Interior to hold in trust “{ajny lands” acquired with Fund interest. §108(f). The questions presented are: 1. Whether Congress delegated to the Department of the Interior under MILCSA the authority to reject a mandatory trust submission based on the agency’s own view about whether the purchase of land satisfied §108(c), notwithstanding the statutory command that “falny lands acquired using amounts from interest or other income of the [Tribe’s] Self-Sufficiency Fund shall be held in trust by the Secretary [of the Interior] for the benefit of the tribe.” §108(f). 2. Whether “enhancement of tribal lands” in §108(c)(5) of MILCSA includes a land acquisition that adds to or augments the size of the Tribe’s total landholdings. ' Unless otherwise noted, statutory citations in this petition refer to the Michigan Indian Land Claims Settlement Act, Pub. L. No. 105-148, 111 Stat. 2652 (1997). @