(1) Is the United States' promise to provide the
Winnemucca Indian Colony, a federally
recognized Tribe with lands held in trust
established by an Executive Order and a
separate legislative act, coupled with the
government's nearly exclusive statutory and regulatory control over the water on Indian
lands, sufficient to entitle an Indian tribe to money damages when the United States
breaches its fiduciary duty to protect the
natural resources on those Indian lands?

(2) Did the Federal Court of Appeals, Federal
Circuit, err when it affirmed dismissal of the
Winnemucca Indian Colony's third claim for
relief – Breach of Trust – Water?

(3) Can the Winnemucca Indian Colony state a
cognizable claim for breach of trust against the United States in relation to BIA failure to prevent trespass and theft of natural resources
by third parties, under the Winters doctrine
and 25 C.F.R. § 152.22?

Whether the United States breaches its fiduciary duty to an Indian tribe by failing to protect natural resources on tribal trust lands and whether a tribe can state a cognizable claim for breach of trust against the United States for BIA failure to prevent third-party trespass and theft of natural resources