1) Does the Secretary of the Interior have unlimited authority pursuant to 25 U.S.C. § 465,25 U.S.C. § 9 and 43 U.S.C. § 1457 to promulgate and exercise the 25 CFR Part 151 regulations to acquire any fee land from state jurisdiction and place it into federal trust status?2) Whether the Second Circuit misinterpreted the “fact” discussion in this Court’s majority opinion in City of Sherrill v. Oneida Indian Nation upholding its prior decision that the Oneida state Indian reservation was federal Indian country affecting the authority of the Secretary of the Interior to acquire 14,000 acres of fee land to place into federal trust in the Records of Decision prejudicing these petitioners in applying 5 U.S.C. § 706 in this case.3) What is left of the Equal Footing Doctrine if the Secretary of the Interior can acquire fee land from the original colony of the State of New York and place it into federal trust for an Indian tribe to exercise jurisdiction over it as federal territorial land?
Lower court materials here.