Thursday, February 26, 2009

Supreme Court redefines tribal and federal understandings of Indian Reorganization Act

The Supreme Court has ruled in Carcieri v. Salazar that tribes not under federal jurisdiction as of 1934 cannot follow a longstanding land-into-trust process administered by the U.S. Department of the Interior. The ruling, which results from a suit involving the Narragansett Indian Tribe of Rhode Island, is at odds with many tribal, federal and legal understandings of the Indian Reorganization Act. Tribal and federal lawyers said the decision will likely lead to legal questions over the validity of all tribal lands taken into trust by the DOI for tribes since the IRA was passed in 1934. The decision could result in several states filing lawsuits to gain lands that have been taken into trust for dozens of tribes recognized after 1934...Indian Country Today

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