The city and its retailers sued the Omaha Tribal Council members in their official capacities in federal district court.

[3] First, and most important, the Court looks for Congress' clear, expressed intent to diminish the reservation in the text of the statute.

[4] For example, the Court would look for "[e]xplicit reference to cession or other language evidencing the present and total surrender of all tribal interests" or "an unconditional commitment from Congress to compensate the Indian tribe for its opened land.

"[5] The Court found no indication from the text of the 1882 Act that Congress intended to diminish the reservation.

While the historical record was "mixed," it certainly did not "unequivocally reveal[s] a widely held, contemporaneous understanding that the affected reservation would shrink as a result of the proposed legislation" as required under Solem.