In Nebraska v. Parker, 2016 WL 1092417 (U.S. 2016), the Omaha Tribe had entered into a treaty with the United States in 1865 ceding tribal lands and establishing a 300,000 acre reservation. In 1882, Congress enacted a law authorizing the Secretary of the Interior “to cause to be surveyed, if necessary, and sold” more than 50,000 acres of reservation land lying west of a right-of-way granted by the Tribe and approved by the Secretary of the Interior in 1880 for use by the Sioux City and Nebraska Railroad Company. The act provided further that after tribal members had been given the opportunity to select 160-acre allotments, the tract would be opened for settlement by non-Indians. Ultimately, just 10 to 15 tribal members selected allotments west of the right-of-way and the area was eventually settled by non-Indians, one of whom founded the Village of Pender. The act required the Secretary to deposit the proceeds of sales to non-Indians in the U.S. Treasury for the Tribe’s benefit. In 2006, the Tribe sought to subject Pender retailers to its newly amended Beverage Control Ordinance, which required retailers to obtain a liquor license, costing $500, $1,000 or $1,500 depending upon the class of license, and imposed a 10 percent sales tax on liquor sales. Nonmembers who violated the ordinance were subject to a $10,000 fine. The Village and business owners, later joined by the State of Nebraska, sued, contending that the 1882 act had diminished the reservation and that Pender was no longer within its boundaries.