carcieri governor rhode island et al salazar secretary interior et argued november decided february indian reorganization act ira enacted authorizes secretary interior respondent acquire land hold trust purpose providing land indians defines indian include persons indian descent members recognized tribe federal jurisdiction narragansett tribe placed colony rhode island formal guardianship agreed relinquish tribal authority sell two acres remaining reservation land began trying regain land tribal status federal authorities declined give assistance considered tribe state federal jurisdiction agreement settling dispute tribe rhode island tribe received title acres land petitioner charlestown exchange relinquishing claims state land based aboriginal title agreed land subject state law tribe gained formal recognition federal government secretary interior accepted deed trust acres subsequently dispute arose whether tribe plans build housing additional acres land purchased complied local regulations litigation pending secretary accepted parcel trust interior board indian appeals upheld decision petitioners sought review district granted summary judgment secretary officials determining plain language defines indian include members tribes existence require tribe federally recognized date concluding since tribe currently federally recognized existence tribe affirming first circuit found ambiguous meaning federal jurisdiction applied principles chevron natural resources defense council deferred secretary construction provision allow land taken trust held term federal jurisdiction unambiguously refers tribes federal jurisdiction ira enacted narragansett tribe federal jurisdiction secretary authority take parcel trust pp statute text plain unambiguous gonzales statute must applied according terms see dodd whether secretary authority take parcel trust depends whether narragansetts members recognized indian tribe federal jurisdiction turn depends whether refers secretary accepted parcel trust congress enacted ira ordinary meaning understood time enactment present time moment time speaking definition consistent interpretations given ira passage see franklin montana kennedy also aligns word natural reading context ira furthermore secretary current interpretation odds executive branch construction time enactment secretary additional arguments support contention ambiguous unpersuasive also need consider parties competing views whether congress policy justification limiting secretary trust authority tribes federal jurisdiction since congress use speaks courts must presume legislature says statute means means statute says connecticut nat bank germain pp rejects alternative arguments secretary amici rely statutory provisions support secretary decision take parcel trust narragansetts pp reversed thomas delivered opinion roberts scalia kennedy breyer alito joined breyer filed concurring opinion souter filed opinion concurring part dissenting part ginsburg joined stevens filed dissenting opinion donald carcieri governor rhode island et petitioners ken salazar secretary interior et al writ certiorari appeals first circuit february justice thomas delivered opinion indian reorganization act ira act authorizes secretary interior respondent case acquire land hold trust purpose providing land indians ch stat ira defines term indian include persons indian descent members recognized indian tribe federal jurisdiction secretary notified petitioners state rhode island governor town charlestown rhode island intended accept trust parcel land use narragansett indian tribe accordance claimed authority statute proceedings interior board indian appeals ibia district appeals first circuit petitioners unsuccessfully challenged secretary authority take parcel trust reviewing determination appeals asked interpret statutory phrase federal jurisdiction petitioners contend term refers time statute enactment permits secretary take land trust members recognized tribes federal jurisdiction respondents argue word ambiguous term reasonably construed authorize secretary take land trust members tribes federal jurisdiction time land accepted trust agree petitioners hold purposes phrase federal jurisdiction refers tribe federal jurisdiction time statute enactment result limits secretary authority taking land trust purpose providing land members tribe federal jurisdiction ira enacted june record case establishes narragansett tribe federal jurisdiction ira enacted secretary authority take parcel issue trust reverse judgment appeals time colonial settlement narragansett indian tribe indigenous occupant much state rhode island see final determination federal acknowledgement narragansett indian tribe rhode island fed reg hereinafter final determination initial relations colonial settlers narragansett tribe indian tribes region peaceful relations deteriorated late century hostilities peaked armed conflict known king philip war hundreds colonists thousands indians died see schultz tougias king philip war narragansett tribe decimated placed formal guardianship colony rhode island fed reg quite two centuries later state rhode island convinced narragansett tribe relinquish tribal authority part effort assimilate tribal members local population see narragansett indian tribe national indian gaming cadc tribe also agreed sell two acres remaining reservation land ibid almost immediately tribe regretted decisions embarked campaign regain land tribal status ibid early century members tribe sought economic support assistance federal government correspondence spanning period federal officials declined request noting tribe always jurisdiction new england rather federal government failed gain recognition assistance state rhode island tribe filed suit recover ancestral land claiming state misappropriated territory violation indian act claims resolved enactment rhode island indian claims settlement act stat et seq agreement codified settlement act tribe received title acres land charlestown rhode island exchange relinquishing past future claims land based aboriginal title tribe also agreed acres land received settlement act shall subject civil criminal laws jurisdiction state rhode island see also narragansett tribe ongoing efforts gain recognition government finally succeeded fed reg granting formal recognition bureau indian affairs bia determined narragansett community predecessors existed autonomously since first contact despite undergoing many modifications bia referred tribe documented history dating noted current membership believed able trace least one ancestor membership lists narragansett community prepared rhode island act ibid obtaining federal recognition tribe began urging secretary accept deed trust acres conveyed rhode island indian claims settlement act cfr providing federal recognition needed indian tribe may seek protection services benefits federal government secretary acceded tribe request see town charlestown rhode island eastern area director bur indian affairs ibia tribe housing authority purchased additional acres land town charlestown adjacent tribe acres settlement lands soon thereafter dispute arose whether tribe planned construction housing parcel comply local regulations narragansett indian tribe narragansett elec tribe primary argument noncompliance ownership parcel made dependent indian community thus indian country ultimately failed litigation pending tribe sought alternative solution free compliance local regulations asked secretary accept parcel trust tribe pursuant letter dated march secretary notified petitioners acceptance tribe land trust petitioners appealed secretary decision ibia upheld secretary decision see town charlestown rhode island eastern area director bureau indian affairs ibia petitioners sought review ibia decision pursuant administrative procedure act district granted summary judgment favor secretary department interior officials relevant district determined plain language defines indian include members tribes existence require tribe federally recognized date carcieri norton supp ri according district currently existed time enactment ira narragansett tribe qualifies tribe within meaning result secretary possesses authority accept lands trust benefit narragansetts ibid appeals first circuit affirmed first panel decision carcieri norton sitting en banc although appeals acknowledged ne might initial instinct read word mean date enactment statute june concluded ambiguity whether view term operating moment congress enacted moment secretary invokes appeals noted congress used word statutes refer time statute application enactment appeals also found particular statutory context clarify meaning one hand appeals noted another provision within ira uses term hereafter supports petitioners argument refer future events hand contains particular application date june suggesting congress wanted refer date enactment done specifically appeals reasoned interpretations supported reasonable policy explanations found legislative history failed clearly resolve issue found statute ambiguous appeals applied principles set forth chevron natural resources defense council deferred secretary construction provision rejected petitioners arguments secretary interpretation impermissible construction statute also held petitioners failed demonstrate secretary interpretation inconsistent earlier practices department interior furthermore determined even interpretation departure department prior practices decision affirmed based secretary reasoned explanation interpretation granted certiorari reverse ii case requires us apply settled principles statutory construction must first determine whether statutory text plain unambiguous gonzales must apply statute according terms see dodd lamie trustee hartford underwriters ins union planters bank caminetti secretary may accept land trust purpose providing land indians indian defined statute follows term used act shall include persons indian descent members recognized indian tribe federal jurisdiction persons descendants members june residing within present boundaries indian reservation shall include persons indian blood term wherever used act shall construed refer indian tribe organized band pueblo indians residing one reservation emphasis added parties agreement secretary authority take parcel question trust depends whether narragansetts members recognized indian tribe federal jurisdiction ibid question turn requires us decide whether word federal jurisdiction refers secretary accepted parcel trust congress enacted ira begin ordinary meaning word understood ira enacted director office workers compensation programs greenwich collieries moskal time primary definition present time moment time speaking webster new international dictionary ed see also black law dictionary ed defining mean time present moment noting ow used statute ordinarily refers date taking effect emphasis added definition consistent interpretations given word passage ira respect use statutes see franklin interpreting federal criminal statute adopted punishment laws state place situated provide like offense citing paul pet internal quotation marks omitted montana kennedy interpreting statute granting citizenship status children persons citizens internal quotation marks omitted emphasis deleted also aligns natural reading word within context ira example original version provided authority secretary accept land trust purpose providing land indians congress explicitly referred current events stating hat part funds shall used acquire additional land outside exterior boundaries navajo indian reservation event proposed navajo boundary extension measures pending congress become law ira stat emphasis added addition elsewhere ira congress expressly drew statute contemporaneous future events using phrase hereafter see referring geographic boundaries indian reservation existing established hereafter referring indians may appointed various positions maintained hereafter indian office congress use word provision without accompanying phrase hereafter thus provides textual support conclusion term refers solely events contemporaneous act enactment see barnhart sigmon coal hen congress includes particular language one section statute omits another section act generally presumed congress acts intentionally purposely disparate inclusion exclusion internal quotation marks omitted furthermore secretary current interpretation odds executive branch construction provision time enactment correspondence assist implementing ira commissioner indian affairs john collier explained section indian reorganization act june stat provides effect term used therein shall include persons indian descent members recognized tribe federal jurisdiction date act letter john collier commissioner superintendents mar lodging respondents emphasis added thus although defer commissioner collier interpretation unambiguous statute see estate cowart nicklos drilling agree conclusion word limits definition indian therefore limits exercise secretary trust authority members tribes federal jurisdiction time ira enacted secretary makes two arguments support contention term used ambiguous reject first secretary argues although use refer time enactment abstract also refer time statute application brief respondents susceptibility word alternative meanings render word whenever used ambiguous particularly one meanings ordinarily eliminated context deal statutory context makes clear mean hereafter time application congress intended legislate definition done explicitly omitted word altogether instead congress limited statute word obliged give effect possible every word congress used reiter sonotone second secretary argues left gap agency fill using phrase shall include introductory clause brief respondents secretary turn claims permissibly filled gap defining without reference date statute enactment citing cfr explained congress left gap agency fill rather explicitly comprehensively defined term including three discrete definitions members recognized indian tribe federal jurisdiction persons descendants members june residing within present boundaries indian reservation persons indian blood ibid statutory provisions congress chose expand secretary authority particular indian tribes necessarily encompassed within definitions indian set forth understood word include encompass tribes satisfying one three definitions congress needed enact additional statutory references specific tribes secretary amici also go beyond statutory text argue congress policy justification limiting secretary trust authority tribes federal jurisdiction ira intended strengthen indian communities whole regardless status petitioners counter main purpose reverse loss lands indians sustained general allotment act see atkinson trading shirley statute limited tribes federal jurisdiction time tribes lost lands need consider competing policy views congress use word speaks courts must presume legislature says statute means means statute says connecticut nat bank germain iii secretary supporting amici also offer two alternative arguments rely statutory provisions definition indian support secretary decision take parcel trust narragansett tribe reject arguments first secretary several amici argue definition indian rendered irrelevant broader definition tribe fact statute authorizes secretary take title lands name trust indian tribe individual indian land emphasis added brief respondents definition tribe refers indian tribe emphasis added therefore limited temporal restrictions apply definition indian see term wherever used act shall construed refer indian tribe organized band pueblo indians residing one reservation emphasis added although authorizes take land trust indian tribe limits secretary exercise authority purpose providing land indians simply legitimate way circumvent definition indian delineating secretary authority second amicus national congress american indians ncai argues enacted part indian land consolidation act ilca title ii stat overcomes limitations set forth turn authorizes secretary action section provides provisions section title shall apply tribes notwithstanding provisions section title provided nothing section intended supersede provision federal law authorizes prohibits restricts acquisition land indians respect specific tribe reservation state alteration original ncai argues ilca independently grants authority section secretary execute challenged trust acquisition ncai brief agree plain language expand power set forth requires secretary take land trust purpose providing land indians alter definition indian limited members tribes federal jurisdiction see supra rather terms simply ensures tribes may benefit even opted ira pursuant allowed tribal members reject application ira tribe act shall apply reservation wherein majority adult indians shall vote application result conflict limitation secretary authority take lands contained rather provides additional protections satisfied definition indian time statute enactment opted ira shortly thereafter ncai reading also nullify plain meaning definition indian set forth incorporated consistent obligation give effect every provision statute reiter assume congress repealed plain unambiguous restrictions secretary exercise trust authority enacted repeatedly stated absent clearly expressed congressional intention implied repeal found provisions two statutes conflict latter act covers whole subject earlier one clearly intended substitute branch smith plurality opinion quoting morton mancari posadas national city bank iv hold term federal jurisdiction unambiguously refers tribes federal jurisdiction ira enacted none parties amici including narragansett tribe argued tribe federal jurisdiction evidence record contrary fed reg moreover petition writ certiorari filed case specifically represented narragansett indian tribe neither federally recognized jurisdiction federal government pet cert respondents brief opposition declined contest assertion see brief opposition rules alone reason accept fact purposes decision case see rule therefore reverse judgment appeals ordered donald carcieri governor rhode island et petitioners ken salazar secretary interior et al writ certiorari appeals first circuit february justice breyer concurring join opinion three qualifications first say statute language determinative linguistically speaking word phrase federal jurisdiction may refer tribe jurisdictional status one also read refer time secretary interior exercises authority take land indians compare montana kennedy refers time statutory enactment difford secretary hhs refers time exercise delegated authority lusk estate property owned refers property owned becomes operative also concede owes interior department kind interpretive respect reflects agency greater knowledge circumstances statute enacted cf skidmore swift yet department favored present interpretation see infra respect help department neither chevron natural resources defense council help department scope word raises interpretive question considerable importance provision legislative history makes clear congress focused directly upon language believing definitively resolved specific underlying difficulty nothing history indicates congress believed departmental expertise subsequently play role fixing temporal reference word circumstances indicate congress intend delegate interpretive authority department consequently interpretation entitled chevron deference despite linguistic ambiguity see mead second persuaded means reasons gives also examination provision legislative history convinces congress intended read history shows congress expected phrase make clear secretary employ power take land trust favor tribes respect federal government already kinds obligations words federal jurisdiction imply see hearings et al bill grant indians living federal tutelage freedom organize purposes local economic enterprise senate committee indian affairs pt pp indeed department official suggested phrase congress relevant legislative hearings subsequently explained meaning terms adopts see letter john collier commissioner superintendents mar lodging respondents explaining included persons indian descent members recognized tribe federal jurisdiction date act third interpretation reads meaning may prove somewhat less restrictive first appears tribe may federal jurisdiction even though federal government believe time know example following indian reorganization act enactment department compiled list tribes covered act also know wrongly left certain tribes list see brief law professors specializing federal indian law amicus curiae quinn federal acknowledgment american indian tribes historical development legal concept legal hist department later recognized tribes grounds showed recognized even though department sometimes considered circumstance sufficient show tribe federal jurisdiction even though department know time statute imposes time limit upon recognition see term shall include persons indian descent members recognized indian tribe federal jurisdiction emphasis added administrative practice suggests department accepted possibility department example recognize stillaguamish tribe reasons recognition included fact tribe maintained treaty rights since consequently department concluded land taken trust tribe see memorandum associate solicitor indian affairs assistant secretary indian affairs request reconsideration decision take land trust stillaguamish tribe lodging respondents similarly department thought grand traverse band ottawa chippewa indians long since dissolved grand traverse band ottawa chippewa indians office attorney western dist later department recognized tribe considering existed continuously since fed reg department thought anthropological study showed mole lake tribe longer existed department later decided study wrong recognized tribe see memorandum solicitor commissioner indian affairs recognizing mole lake indians separate tribe view possibility later recognition reflects earlier federal jurisdiction explains instances early department administrative practice justice stevens refers explain instances justice stevens refers involving taking land tribe members fall portion statute defines indians include persons indian blood see dept interior opinions solicitor relating indian affairs pp shoshone indians croix chippewas nahma beaver indians neither narragansett tribe secretary argued tribe federal jurisdiction claimed member narragansett tribe satisfies indian blood requirement found nothing briefs suggests narragansett tribe prevail either theory administrative decisions discussed involved recognition grounds implied relationship tribe federal government described jurisdictional example treaty effect congressional appropriation enrollment indian office find similar indication federal jurisdiction instead state federal government considered narragansett tribe state federal jurisdiction little federal contact narragansetts group memorandum deputy assistant secretary indian affairs operations assistant scretary indian affairs recommendation summary evidence proposed finding federal acknowledgment narragansett indian tribe rhode island pursuant cfr july see realistic possibility narragansett tribe prevail basis theory alternative theories argued remand case qualifications expressed join opinion judgment donald carcieri governor rhode island et petitioners ken salazar secretary interior et al writ certiorari appeals first circuit february justice stevens dissenting congress used term indian indian reorganization act describe individuals entitled special protections benefits federal indian law act specifies benefits shall available individuals qualify indian either result blood quantum descendants members recognized indian tribe federal jurisdiction contesting secretary interior acquisition trust land narragansett tribe rhode island parties focused meaning act definition indian yet mind whether means holds present time respondents sheds light question whether secretary actions behalf narragansett permitted statute plain text act clearly authorizes secretary take land trust indian tribes well individual indians places temporal limitation definition indian tribe narragansett tribe indian tribe within meaning act affirm judgment appeals case involves challenge secretary interior acquisition parcel land charlestown rhode island held trust narragansett tribe existed continuous political entity since early century although one powerful tribes new england series wars epidemics difficult relations state rhode island sharply reduced tribe ancestral landholdings two blows delivered centuries apart exacted particularly high toll tribe first king philip war essentially destroyed tribe forcing accept crown sovereign submit guardianship colony rhode island state rhode island passed detribalization law abolished tribal authority ended state guardianship tribe attempted sell tribal lands narragansett originally assented detribalization ceded two acres ancestral land return tribe received see memorandum deputy assistant affairs operations assistant affairs operations july recommendation acknowledgment recognizing consent detribalization mistake tribe embarked campaign recoup obtaining federal recognition critical effort secretary officially recognized narragansett indian tribe final determination federal acknowledgement narragansett indian tribe rhode island fed reg recognition tribe qualified bundle federal benefits established indian reorganization act ira act et seq tribe attempt exercise one rights ability petition secretary take land trust tribe benefit vigorously contested litigation ii secretary trust authority located provision grants secretary power take trust indian tribe individual indian interest lands purpose providing land indians act language clearer effectuate act broad mandate revitalize tribal development cultural secretary take land trust tribe take land trust individual indian though congress outlined secretary trust authority specified entities considered tribes individuals qualify indian individual indian tells us shall include persons indian descent members recognized indian tribe federal jurisdiction well persons indian blood tribe goes state shall construed refer indian tribe organized band pueblo indians residing one reservation federal recognition generally required tribe receive federal benefits secretary interpreted definition tribe refer recognized tribes see cfr stating recognition prerequisite protection services benefits federal government available indian tribes virtue status tribes defining tribe purposes land acquisition mean indian tribe band nation pueblo community rancheria colony group indians recognized secretary eligible special programs services bureau indian affairs separate definitions indian tribe essential administration ira benefits statute reflects congress intent extend certain benefits individual indians offering loans indian students tuition vocational trade schools granting hiring preferences indians seeking federal employment related indian affairs directing benefits tribes allowing tribes adopt constitutions bylaws giving loans corporations section giving secretary discretion steer benefits tribes individuals alike therefore unique establishing broad benefit scheme undoubtedly intentional original draft ira presented congress directed secretary take land trust entities tribes compare title land acquired pursuant provisions section shall taken name trust indian tribe community land acquired emphasis added title lands rights acquired pursuant act shall taken name trust indian tribe individual indian land acquired emphasis added secretary long exercised trust authority accordance design years immediately following adoption ira solicitor department interior repeatedly advised secretary take land trust federally recognized tribes individual indians qualified federal benefits lineage blood quantum example evaluating whether secretary purchase approximately acres land mole lake chippewa indians wisconsin solicitor instructed purchase completed determined whether beneficiary trust title designated band whether title taken individual indians vicinity mole lake one half indian blood memorandum solicitor commissioner indian affairs mole lake chippewa yet recognized federal government indian tribe solicitor determined secretary two options either department provide recognition group title purchased land taken behalf individuals one half indian blood tribal trust individual trust options similarly outlined opinion letters including dealing shoshone indians nevada croix chippewa indians wisconsin nahma beaver island indians michigan see dept interior opinions solicitor relating indian affairs pp unless tribe formally recognized federal government therefore eligible trust land secretary take land trust individual indians met blood quantum threshold modern administrative practice followed path absent specific statute recognizing tribe authorizing trust land secretary exercised trust authority governed regulations promulgated rulemaking cfr et seq fed reg acquire land federally recognized indian tribes like narragansett grand traverse band ottowa chippewa indians although denied federal recognition see dept interior office federal acknowledgement memorandum acting deputy commissioner assistant secretary first tribe secretary recognized regulations see fed reg since secretary used trust authority expand tribe land base see fed reg setting aside parcel reservation land tribe exclusive use tribe louisiana similarly benefited administrative recognition fed reg followed tribal trust acquisition secretary took land trust snoqualmie tribe although unrecognized indian tribe regained federal recognition see fed reg taking land trust tribe fed reg recognizing snoqualmie indian tribe brief history places case us proper context federal recognition regardless conferred necessary condition triggers tribe eligibility receive trust land party disputed narragansett tribe properly recognized indian tribe see fed reg indeed given tribe documented history stretches back met rigorous criteria administrative recognition recommendation acknowledgment difficult sustain objection tribe status mind light secretary longstanding authority plain text ira acquire tribal trust land perfectly clear secretary land acquisition narragansett entirely proper iii despite clear text ira historical pedigree secretary actions behalf narragansett majority holds one word nestled one clause one several definitions demonstrates secretary acted outside statutory authority case consequences majority reading curious harsh curious turns important word ira limiting individuals eligibility federal benefits also tribe harsh result unsupportable conclusion despite administrative recognition narragansett tribe indian tribe ira telling congress granted secretary power acquire trust land purpose providing land indians emphasis added meant permit land acquisitions persons whose tribal membership qualify indian defined words argument runs secretary acquire trust land persons indian descent members recognized indian tribe federal jurisdiction strained construction advanced petitioners explains majority focus meaning narragansett tribe recognized federal jurisdiction tribe members belong indian tribe federal jurisdiction therefore indians virtue tribal membership petitioners argument works one reads indians phrase providing land indians refer individuals indian tribe petitioners reading obvious alternative insist nonsensical reply brief petitioner state rhode island argue despite clear evidence congress intent provide secretary option acquiring either tribal trusts individual trusts service providing land indians ignore unambiguous evidence congress used indian tribe indians interchangeably parts ira see discussing claim suit indian tribe first sentence claim indians last sentence emphasis added event much must admitted without benefit context reasonable person conclude indians refers multiple individuals qualify indian ira equally reasonable person also conclude indians meant refer collective namely indian tribe meaning ambiguity certain words phrases may become evident placed context fda brown williamson tobacco proper course action widen interpretive lens look rest statute clarity lead last sentence specifies secretary hold land trust indian tribe individual indian land acquired put simply congress used term indians refer tribes majority nevertheless dismisses reading statute notes even secretary authority take land trust tribe must indian tribe definition indian determining tribe eligibility statute definition tribe majority goes state makes reference indian tribe thus concludes simply legitimate way circumvent definition delineating secretary authority ante majority bypasses straightforward explanation way circular one requiring tribe indian tribe demand immediate reference definition indian instead simply reflects requirement tribe question formally recognized indian tribe explained secretary limited benefits federal indian law including acquisition trust land recognized tribes recognition central requirement considered indian tribe purposes act tribe satisfies stringent criteria established secretary qualify federal recognition including requirement tribe prove existed community historical times present cfr fortiori indian tribe matter law narragansett tribe different upon meeting criteria recognition secretary gave notice narragansett indian tribe exists indian tribe fed reg emphasis added narragansett indian tribe yet indian tribe today proposition majority explain majority retort tribe refers indian definition indian must control groups considered tribe entirely circular yes word tribe defined part reference indian tribe word indian also defined part reference indian tribe relying one definition provide content thus completely circular explains nothing nationwide mut ins darden governor rhode island part adopts circular logic offers two examples reading statute way implausible first argues definition indian determine tribe eligibility secretary authority take land trust benefit group deems whim fancy tribe reply brief petitioner carcieri governor caricatures secretary discretion long made clear congress therefore secretary lacks constitutional authority bring community body people within federal jurisdiction arbitrarily calling indian tribe sandoval governor next objection condoning acquisition trust land narragansett tribe allow secretary acquire land indian tribe lacks indians equally unpersuasive general matter obtain federal recognition tribe must demonstrate membership consists individuals descend historical indian tribe historical indian tribes combined functioned single autonomous political entity cfr governor suspects narragansett indian tribe may lack members blood quantum indians challenged secretary decision recognize tribe objection properly sum petitioners arguments conclusion based misreading statute ow temporal limitation definition indian affects individual ability qualify federal benefits ira case secretary decision take land trust individual incapable proving eligibility lineage blood quantum trouble concluding action contrary ira case us taking land trust validly recognized indian tribe secretary acted well within statutory iv today adopts cramped reading statute congress intended sweeping scope morton mancari ignores principle deeply rooted indian jurisprudence construed liberally favor indians county yakima confederated tribes bands yakima nation quoting montana blackfeet tribe see also cohen basic indian law canons construction require treaties agreements statutes executive orders liberally construed favor indians given ira plainly authorizes secretary take land trust indian tribe light narragansett status decision best understood protecting one sovereign state encroachment another tribe yet matters indian law political branches entrusted mark proper boundaries tribal state jurisdiction see art cl cotton petroleum new mexico worcester georgia pet ira congress drew boundary manner favors narragansett respectfully dissent donald carcieri governor rhode island et petitioners ken salazar secretary interior et al writ certiorari appeals first circuit february justice souter justice ginsburg joins concurring part dissenting part save one point agree justice breyer concurring opinion turn concurs opinion subject three qualifications justice breyer explains however reservation puts dissenting column disposition case turns construction language recognized indian tribe federal jurisdiction nothing majority opinion forecloses possibility two concepts recognition jurisdiction may given separate content justice breyer makes clear concurrence statute imposes time limit upon recognition past department interior stated fact government ignorant tribe preclude tribe federal jurisdiction time see memorandum associate solicitor indian affairs assistant secretary indian affairs request reconsideration decision take land trust stillaguamish tribe lodging respondents giving phrase meaning consistent established principles statutory interpretation oral argument however respondents explained secretary recent interpretation statutory language understood recognition federal jurisdiction least respect tribes one tr oral arg given secretary position surprising neither tribe raised claim tribe federal jurisdiction simply failed address issue party understood present error shared equally around equitable demand one side penalized sides nodded agree justice breyer current record raises particular reason expect tribe might shown federal jurisdiction stop notion jurisdiction distinct statutory condition ignored litigation know body precedent history practice giving content condition sufficient gauging tribe chances satisfying see reason deny secretary narragansett tribe opportunity advocate construction jurisdiction phrase might favor position therefore reverse remand opportunity respondents pursue jurisdiction claim respectfully dissent straight reversal footnotes narragansett tribe recognized today successor two tribes narragansett niantic tribes two predecessor tribes shared territory cultural traditions time european settlement effectively merged aftermath king philip war see final determination fed reg title provides pertinent part purchase grant lease conveyance lands title claim thereto indian nation tribe indians shall validity law equity unless made treaty convention entered pursuant constitution tribe town secretary previously litigated issues relating secretary acceptance acres matter presently see generally town charlestown rhode island ibia rhode island narragansett indian tribe narragansett indian tribe rhode island current version provides hat part funds shall used acquire additional land outside exterior boundaries navajo indian reservation event legislation define exterior boundaries navajo indian reservation new mexico purposes similar legislation becomes law addition serving commissioner indian affairs john collier principal author ira mitchell parties note appears responsible insertion words federal jurisdiction see hearings et al bill grant indians living federal tutelage freedom organize purposes local economic enterprise senate committee indian affairs pt also record contains letter commissioner collier even passage ira stated federal government still lacked jurisdiction narragansett tribe app commissioner collier responsibilities related implementing ira make unusually persuasive source meaning relevant statutory language tribe status see christensen harris county explaining executive branch statutory interpretation lacks force law entitled respect extent interpretations internal quotation marks omitted see sections title shall may apply territory alaska shawnee tribe shall eligible land acquired trust benefit pursuant section title sections title hereby made applicable texas band kickapoo indians sections shall apply members ysleta del ser pueblo tribe tribe reservation conclude language unambiguously precludes secretary action respect parcel land issue case address petitioners alternative argument rhode island indian claims settlement act stat et precludes secretary exercising authority reason disagree argument made justice stevens term indians different meaning definition indian provided term meaning controlled regulations governing secretary recognition tribes like narragansetts see post dissenting opinion congress enacted definition detailed unyielding provisions must give effect definition even argued line drawn different point ins hector per curium quoting fiallo bell ncai notes ilca definition tribe means indian tribe band group pueblo community members holds lands trust express terms applicable chapter title code ibid ira codified chapter title see section therefore alter authority granted secretary footnotes congress defined indian tribe section relevant part term used act shall include persons indian descent members recognized indian tribe federal jurisdiction persons descendants members june residing within present boundaries indian reservation shall include persons indian blood term wherever used act shall construed refer indian tribe organized band pueblo indians residing one reservation notably word used define one categories indians appear definition tribe narragansett tribe purchased parcel fee simple private developer bureau indian affairs notified state secretary decision take land unreserved trust tribe tribe acquired land express purpose building much needed indian housing via contract narragansett indian wetuomuck housing authority niwha department housing urban development hud app indeed litigation stems part tribe suit subsequent settlement rhode island private landowners ground sale violated indian act june ch stat prohibited sales tribal land without treaty convention entered pursuant constitution ira cornerstone indian new deal intent purpose ira rehabilitate indian economic life give chance develop initiative destroyed century oppression paternalism mescalero apache tribe jones quoting see generally cohen handbook federal indian law hereinafter cohen taylor new deal american indian tribalism administration indian reorganization act section reads fully secretary interior authorized discretion acquire purchase relinquishment gift exchange assignment interest lands water rights surface rights lands within without existing reservations including trust otherwise restricted allotments whether allottee living deceased purpose providing land indians title lands rights acquired pursuant act shall taken name trust indian tribe individual indian land acquired lands rights shall exempt state local taxation regulations govern tribal recognition process cfr et seq promulgated pursuant president general mandate established early manage indian affairs matters arising indian relations prescribe regulations may think fit carrying effect various provisions act relating indian affairs thus contrary argument pressed governor rhode island see reply brief petitioner carcieri requirement tribe federally recognized eligible trust land stem ira although congress passed specific statutes granting secretary authority take land trust certain tribes mistake conclude secretary lacks residual authority take land trust ira statutes place explicit limits secretary trust authority properly read establishing outer limit secretary trust authority respect specified tribes see authorizing trust land houlton band maliseet indians passamaquoddy tribe maine penobscot tribe maine statutes identifying certain parcels secretary take trust tribe purport diminish secretary residual authority see mohegan tribe wampanoag tribe miccosukee tribe indeed secretary invoked authority take additional land trust miccosukee tribe despite existence statute authorizing directing acquire certain land tribe see en banc brief national congress american indians et al amici curiae app majority continues insist quite incorrectly congress meant term indians meaning term indian text statute tells different story appears inconvenience rather ignore department interior found high degree retention narragansett family lines remarked close intermarriage stability composition plus geographic stability group reflect maintenance socially distinct community recommendation acknowledgment also noted narragansett require applicants full voting membership trace narragansett indian bloodlines back rolls record case tell us many members narragansett currently qualify indian meeting individual blood quantum requirement indeed possible significant number narragansett blood quantum indians accordingly nothing decides today prevents secretary taking land trust members tribe independently qualify indian although record demonstrate many members narragansett qualify blood quantum indians justice breyer nevertheless assumes member tribe blood quantum indian ante concurring opinion assumption misguided two reasons start record silence matter expected parties consistently focused secretary authority take land trust tribe individual members tribe thus legitimate basis interpreting lack record evidence affirmative proof none tribe members indian second neither statute relevant regulations mandate tribe threshold amount blood quantum indians members order receive trust land justice breyer unwarranted assumption narragansett membership even true therefore also irrelevant whether secretary actions proper petitioners advance additional argument secretary lacks authority take land trust narragansett rhode island indian claims settlement act stat et implicitly repealed secretary trust authority applied lands rhode island claim plainly fails tribe agreed subject acres obtained settlement act state civil criminal laws parcel land issue part settlement lands critically nothing text settlement act suggests congress intended prevent secretary acquiring additional parcels land rhode island exempt state jurisdiction footnotes depending outcome proceedings remand might necessary address second potential issue case going significance rhode island indian claims settlement act et seq utility confronting