Mill Bay Members Association, Inc., et al. v. United States, et al.

In the early twentieth century, the United States allotted a parcel of land called Moses Allotment No. 8 (“MA-8”) to American Indian Wapato John under the Act of Mar. 8, 1906, ch. 629, 34 Stat. 55–56. In 1914, President Wilson issued Executive Order No. 2109, Dec. 23, 1914, which invoked two statutes as authority to extend MA8’s trust period until 1926: (1) the Act of June 21, 1906, ch. 3504, 34 Stat. 326, codified as 25 U.S.C § 391, and (2) the Act of February 8, 1887, ch. 119, § 5, 24 Stat. L. 389, codified as amended at 25 U.S.C. § 348 (i.e., Section 5 of the General Allotment Act). Below, the Ninth Circuit held the government’s standing to sue for trespass to MA-8 depends on whether MA-8 remains held in trust, but since 25 U.S.C § 391 authorized Executive Order No. 2109, MA-8 remains held in trust. Pet. App. 21a–24a, 30a–40a, 47a. The Ninth Circuit also held the government is categorically immune from equitable estoppel when it sues as trustee for Indian lands. Pet. App. at 57a–63a. The questions presented are:

1. Whether equitable estoppel ever applies against the federal government, and if so, whether it applies when the government acts as trustee for Indian lands?

2. Whether 25 U.S.C § 391 authorizes the President to extend the trust period of allotments held in trust, and if not, whether Section 5 of the General Allotment Act applies to allotments patented under separate legislation?