522
Syllabus
do not approach the level of active federal control and stewardship over Indian land that existed in this Court's prior cases. See, e. g., McGowan, supra, at 537-539. Moreover, Congress' conveyance of ANCSA lands to state-chartered and state-regulated private business corporations is hardly a choice that comports with a desire to retain federal superintendence. The Tribe's contention that such superintendence is demonstrated by the Government's continuing provision of health, social, welfare, and economic programs to the Tribe is unpersuasive because those programs are merely forms of general federal aid, not indicia of active federal control. Moreover, the argument is severely undercut by the Tribe's view of ANCSA's primary purposes, namely, to effect Native self-determination and to end paternalism in federal Indian relations. The broad federal superintendence requirement for Indian country cuts against these objectives, but this Court is not free to ignore that requirement as codified in § 1151. Whether the concept of Indian country should be modified is a question entirely for Congress. Pp. 532-534.
101 F. 3d 1286, reversed.
Thomas, J., delivered the opinion for a unanimous Court.
John G. Roberts, Jr., argued the cause for petitioner. With him on the briefs were Gregory G. Garre, Bruce M. Botelho, Attorney General of Alaska, Barbara J. Ritchie, Deputy Attorney General, and D. Rebecca Snow and Elizabeth J. Barry, Assistant Attorneys General.
Heather R. Kendall-Miller argued the cause for respondents. With her on the brief was Lloyd Benton Miller.*
*Briefs of amici curiae urging reversal were filed for the State of California et al. by Daniel E. Lungren, Attorney General of California, and Thomas F. Gede, Special Assistant Attorney General, and by the Attorneys General for their respective States as follows: Bill Pryor of Alabama, Grant Woods of Arizona, Gale A. Norton of Colorado, Richard Blumenthal of Connecticut, Robert A. Butterworth of Florida, Jim Ryan of Illinois, Jeffrey A. Modisett of Indiana, Richard P. Ieyoub of Louisiana, Scott Harshbarger of Massachusetts, Frank J. Kelley of Michigan, Mike Moore of Mississippi, Jeremiah (Jay) W. Nixon of Missouri, Joseph P. Mazurek of Montana, Frankie Sue Del Papa of Nevada, Dennis C. Vacco of New York, Michael F. Easley of North Carolina, Heidi Heitkamp of North Dakota, Mike Fisher of Pennsylvania, Betty D. Montgomery of Ohio, Jeffrey B. Pine of Rhode Island, Mark Barnett of South Dakota, Jan Graham of Utah, William H. Sorrell of Vermont, and William U. Hill of Wyoming;
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