In the late 1800s, United States Congress initiated a program to allot Indian (Native American) tribal land to individual members of the tribes.

Over the ensuing years, the ownership of the land became increasingly fractionalized as the original owners passed their interests onto multiple heirs.

Section 207 of the act provided that the land would pass, or escheat, to the tribe when the interest was 2 percent or less and earned less than $100 in the preceding year.

While the case was still ongoing, Congress made changes to the statute to try and address the issues identified in Hodel.

An administrative law judge of the Department of the Interior found that the land should escheat to the tribal government.