Morton v. Mancari, 417 U.S. 535, 542 (1974); Mescalero Apache Tribe v. Jones, 411 U.S. 145, 151 (1973). The prior federal policy, including allotment under the General Allotment Act of 1887, 25 U.S.C. § 331 et seq., resulted in enormous losses of tribally owned land, diminishing Indian land holdings from 138 million acres in 1887 to 48 million acres in 1934. See Cty.

The 22 United States was the trustee, the tribe the beneficiary, and the land the corpus of the trust. 23 However, Congress later embarked on a policy of allotment by the “General Allotment Act of 24 1887 . . . 25 U.S.C. §331 et seq., which empowered the President to allot most tribal lands 25 nationwide without the consent of the Indian nations involved. . . . each allotted parcel would 26 Opening Memo of P’s and A’s on Motion to Dismiss of Defendant A.M. Segundo Page 2 Case 2:17-cv-01361-AB-SK Document 56-1 Filed 06/09/17 Page 2 of 8 Page ID #:278 be held by the United States in trust for a period of 25 years or longer”.