indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Indian Law Online Master Degree - University of Tulsa College of Law
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Appeals court to rehear land-into-trust dispute
Thursday, December 7, 2006

A federal appeals court this week agreed to reconsider a land-into-trust case that tribes nationwide have been closely watching.

On Tuesday, the 1st Circuit Court of Appeals ordered five judges -- the same ones who ruled on a sovereignty case -- to hear a dispute involving the Narragansett Tribe, the state of Rhode Island and the Interior Department. Oral arguments take place in Boston, Massachusetts, on January 9, 2007.

The court aims to settle some crucial issues for the tribe, whose reservation was created by an act of Congress. In the sovereignty case, the 1st Circuit ruled that all state criminal and civil laws apply on the reservation.

But the tribe submitted a land-into-trust petition for a 31-acre parcel off the reservation. The Bureau of Indian Affairs approved the application, a move that presumably places the site outside the reach of state laws.

And while the BIA's approval only allows the tribe to use the site for housing, the state has raised alarms about the possibility that it could be used for gaming. The tribe has unsuccessfully sought a casino for more than a decade.

The intersection of these key issues -- sovereignty, land-into-trust and gaming -- has tribes across the country extremely interested in the outcome of the case. More than 40 tribes and two organizations representing more than 200 tribes submitted briefs when the case was first heard by the 1st Circuit.

Their views led the 1st Circuit to reject a constitutional challenge to the Indian Reorganization Act, the 1934 law that authorized the BIA to acquire land for tribes. The court joined the 8th Circuit and the 10th Circuit in upholding the legality of Section 5 of the IRA.

In October, the U.S. Supreme Court rejected petitions to review the 8th Circuit and 10th Circuit cases. But the Narragansett dispute raises the land-into-trust issue once again amid Congressional efforts to change the process.

Additionally, the case presents an issue that has not been considered fully by the Supreme Court. The 1st Circuit, by a 2-1 vote, said the state can't exercise jurisdiction over the 31-acre parcel because it sits outside the 1,800-acre reservation created by Congress.

Rhode Island claims the BIA can't acquire new land for the Narragansetts because the tribe is subject to a land claim settlement act. In a dispute between the state of Connecticut and the Mashantucket Pequot Tribal Nation, the 2nd Circuit rejected this argument.

The issue primarily impacts tribes in New England whose land claims were settled by Congress but affects others in Texas and South Carolina who come under similar acts. A handful of states, most notably California, also exercise jurisdiction over Indian Country under Public Law 280.

The complex matters have tied the case up in the 1st Circuit for nearly two years. The first ruling was issued in February 2005 but after a rehearing, another one came in September 2005.

The state then filed a petition for a rehearing before an en banc panel of the 1st Circuit. The panel consists of Chief Judge Michael Boudin, Judge Juan R. Torruella, Judge Bruce M. Selya, Judge Sandra L. Lynch, Judge Kermit V. Lipez, and Judge Jeffrey R. Howard.

In the sovereignty case, Lipez and Torruella dissented and criticized Rhode Island state troopers for raiding the reservation to shut down a tax-free smoke shop. On Tuesday, Torruella objected to scheduling the January 7 hearing on such short notice amid the holiday season.

Howard was the sole dissenter in the September 2005 land-into-trust decision. He said the state should be able to exercise jurisdiction over all Narragansett lands, whether on or off the reservation.

1st Circuit Decision:
Carcieri v. Norton (September 13, 2005)

Earlier 1st Circuit Decision:
Carcieri v. Norton (February 9, 2005)

Relevant Documents:
Carcieri v. Norton Briefs, Opinions (NARF-NCAI Tribal Supreme Court Project

Relevant Laws:
Rhode Island Indian Claims Settlement Act (US Code)

Relevant Links:
Narragansett Tribe - http://www.narragansett-tribe.org
Tribal Supreme Court Project - http://www.narf.org/sct/index.html

Related Stories:
High court rejects state raid, land claim (11/28)
Supreme Court won't hear land-into-trust cases (10/3)
Court subjects Narragansett Tribe to all state laws (05/25)
Appeals court hears tribal-state sovereignty dispute (12/07)
Narragansett Tribe back in court over sovereignty (12/6)
Rhode Island set to appeal trust land decision (09/16)
Trust land challenge rejected by appeals court (9/14)
Appeals court agrees to rehear sovereignty case (07/11)
Tribal sovereignty must be respected, court rules (05/13)
Appeals court sides with tribe in trust land dispute (02/10)
Court won't rehear challenge to tribal land base (05/21)
Massachusetts court deals blow to tribe's sovereignty (12/10)
R.I. tribe takes smokeshop case to higher court (01/27)
State's raid on tribal land sparks strong reactions (07/16)
R.I. to appeal Narragansett land-into-trust case (10/1)
Judge affirms Narragansett Tribe land-into-trust (9/30)
Court says U.S. can protect tribe's interests (02/04)
Land still in limbo after decade-long fight (10/16)
The day the Supreme Court said no (10/16)

Copyright 2000-2006 Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Deadly storm hits Crow Creek Sioux Reservation (7/3)
Lakota Country Times: Rosebud youth hold suicide awareness walk (7/3)
Delphine Red Shirt: Speak the Lakota language to carry on culture (7/3)
Senate Indian Affairs Committee schedules trust reform hearing (7/3)
Chumash Tribe wins dismissal of suit over status of reservation (7/3)
Four groups in Oklahoma seeking federal recognition through BIA (7/3)
Little Shell Chippewa Tribe welcomes federal recognition reforms (7/3)
Leader of Duwamish Tribe calls denial of recognition 'devastating' (7/3)
Editorial: Other tribes in Virginia deserve federal recognition too (7/3)
Ojibwe hockey star excited for transfer to team in nation's capital (7/3)
Jamestown S'Klallam Tribe wants sacred rock on national register (7/3)
Rosebud Sioux Tribe won't give up on wind energy despite delays (7/3)
Catawba Nation fought against British during Revolutionary War (7/3)
Kootenai Tribe of Idaho revives powwow after 15-year absence (7/3)
Taos Pueblo man sentenced to seven years in prison for stabbing (7/3)
Disputed leader of Chukchansi Tribe sentenced for clash at casino (7/3)
Aquinnah Wampanoag Tribe starts work on Class II gaming facility (7/3)
Tohono O'odham Nation faces state in court in new casino lawsuit (7/3)
Cherokee Nation to open hotel at $80M casino near Arkansas in fall (7/3)
Brian Pierson: Tribal labor sovereignty could land in Supreme Court (7/3)
Pierre Bergeron: Judges split on federal labor law at tribal casinos (7/3)
Native Sun News: Lakota riders complete journey to Little Bighorn (7/2)
Lakota Country Times: Newspaper takes home top honors at NAJA (7/2)
Brandon Ecoffey: Delivering stories that matter to Indian Country (7/2)
Ivan Star: Creating a culturally appropriate economy at Pine Ridge (7/2)
Elizabeth Hawksworth: Being patriotic and being Native in Canada (7/2)
Micah A: Blood quantum does not make me any less of an Indian (7/2)
David Shorter: Learning not to speak on behalf of Native peoples (7/2)
Marc Simmons: Legend of Catholic priest saved by grateful tribe (7/2)
Sen. McCain deemed responsible for land swap at sacred Oak Flat (7/2)
A Tribe Called Red releases free remix of Buffy Sainte-Marie track (7/2)
Pamunkey Tribe wins final federal recognition decision from BIA (7/2)
Duwamish Tribe rejected for federal recognition for a third time (7/2)
BIA accused of blocking road access on New Mexico reservation (7/2)
Chippewa Cree Tribe elects Ken St. Marks as chair for fourth time (7/2)
Mississippi Choctaw leader comes out on top in unofficial results (7/2)
Bois Forte Band grows economy with second Tim Hortons Cafe (7/2)
Chickasaw Nation hails selection of permanent Indian law chair (7/2)
Editorial: Gila River Indian Community to blame for highway path (7/2)
Cow Creek Band continues to oppose new Coquille Tribe casino (7/2)
Confederated Salish and Kootenai Tribes renovate casino resort (7/2)
Four more tribes in New Mexico enter Class III gaming compact (7/2)
Editorial: Pojoaque Pueblo gets pass on illegal gaming operation (7/2)
Save Oak Flat caravan plans journey to DC to protect sacred site (7/1)
Court reluctantly backs NLRB in Saginaw Chippewa Tribe dispute (7/1)
Native Sun News: Opposition grows to delisting of grizzly bears (7/1)
Lakota Country Times: Reservation counties rank as deadliest (7/1)
Steve Russell: Professor outed as Cherokee fraud once again (7/1)
Harlan McKosato: Indian people survive despite mistreatment (7/1)
Marshall Matz: Fight for $380M in Keepseagle funds continues (7/1)
BIA acquires former military site in trust for Ho-Chunk Nation (7/1)
Appropriations bill adds $10M for tribal courts in PL280 states (7/1)
Sen. Murkowski questions definition of 'Indian' for health care (7/1)
South Dakota board won't back name change for sacred peak (7/1)
Fort Peck Tribes take on cost for homes promised by Brad Pitt (7/1)
Hoopa Valley Tribe orders water restrictions as tanks run dry (7/1)
Cherokee Nation certifies results of election for top positions (7/1)
Secretary Sally Jewell reaffirms opposition to racist mascots (7/1)
Virginia tribes hindered by racist policies created by one man (7/1)
Column: Native Code Talkers defended nation with languages (7/1)
Guilty plea for stabbing of BIA superintendent in South Dakota (7/1)
Opposition group rallies over Miccosukee Tribe land-into-trust (7/1)
Pojoaque Pueblo keeps casino open after gaming deal expires (7/1)
Court allows lawsuit for incident at Tonto Apache Tribe casino (7/1)
Navajo Nation Council approves bill to share gaming revenue (7/1)
Soboba Band celebrates 20th anniversary for gaming facility (7/1)
Mashantucket Tribe extends agreement for $1.7B casino debt (7/1)
BIA adopts new policy regarding federal recognition process (6/30)
Supreme Court agrees to resolve another Indian law dispute (6/30)
Patrick Murphy: Star Trek's William Shatner visits Navajoland (6/30)
Yvette Roubideaux: Making progress at Indian Health Service (6/30)
Native Sun News: Wambli Ska group shares culture with youth (6/30)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.