indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Native American Bank - Native people investing in Native communities
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Another land-into-trust case on high court's radar
Tuesday, December 16, 2008
Filed Under: Law | Trust

The Department of Justice appears to be anticipating changes in the land-into-trust process if a critical U.S. Supreme Court case goes against tribal interests.

The changes would affect tribes that gained federal recognition after 1934, the year the Indian Reorganization Act was passed. The law authorized the Interior Department to take land into trust for tribes and individual Indians.

But a pending Supreme Court case, Carcieri v. Kempthorne, could restrict the land-into-trust process to those tribes that were already recognized by 1934. Depending on the ruling, tribes that weren't formally recognized as of 1934 yet had some sort of relationship with the federal government could still benefit from the IRA.

In the latter scenario, Interior would go through another review process to determine whether a recently recognized tribe qualifies for the land-into-trust process, DOJ lawyers said in a brief involving the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, a Michigan tribe that gained recognition in 1998.

"The Department would need to explore the law and facts about federal recognition of and jurisdiction over the Band, including inter alia, any treaties, statutes, administrative activities, or the like that involved federal oversight of the Band or its property in 1934," Solicitor General Gregory W. Garre, a Bush nominee, told the Supreme Court on December 5.

The brief urged the justices to reject a petition filed by a group that opposes the Match-E-Be-Nash-She-Wish Band's land-into-trust application. Garre said Michigan Gambling Opposition shouldn't be allowed to bring up the 1934 issue because it was never raised during lower court proceedings.

But MichGO is hoping the Supreme Court will grant its petition in light of Carcieri, named for the governor of Rhode Island. The justices heard the case on November 3 and several observers have said the outcome appears grim for Indian Country.

"The case presents a pure legal question and there is no factual dispute about the tribe's recognition status," the group wrote in an October 23 brief. "If the court rules in Rhode Island's favor in Carcieri, the decision will be dispositive here because it is undisputed that the tribe was not federally recognized in 1934."

Like DOJ, the tribe also argues that MichGO shouldn't be allowed to bring up the 1934 issue at the "eleventh hour." "The administration record demonstrates that the tribe was recognized by the United States no later than 1821, when it signed a treaty granting it a federal reservation near Kalamazoo and that the tribe's federally-recognized status has never been lawfully termination," the December 5 brief stated.

It's not known when the Supreme Court will rule in Carcieri but if the decision goes against tribal interests Congress could step in and amend the IRA to cover tribes that gained recognition after 1934. In that situation, it would take a couple of words to enact what some advocates are calling a "Carcieri fix."

Briefs in MichGO v. Kempthorne:
Petition | DOJ Opposition | Match-E-Be-Nash-She-Wish Band Opposition

D.C. Circuit Decision:
MI Gambling Oppo v. Kempthorne, Dirk (April 29, 2008)

Related Stories:
Supreme Court takes on first Indian law case of term (11/04)
Turtle Talk: Poor outlook on land-into-trust case (11/4)
Rhode Island optimistic on land-into-trust case (11/04)
Oregon tribes await outcome of land-into-trust case (11/04)
Appeals court delays casino for Michigan tribe (8/18)
Appeals court judge strikes blows against Indian rights (5/5)
Appeals court backs Gun Lake land-into-trust (4/29)
Appeals court backs Michigan land-into-trust acquisition (7/5)
Appeals court sides with tribe in trust land dispute (1/9)



Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
White House to host first-ever Native youth conference on July 9 (4/24)
Native Sun News: Northern Cheyenne Tribe fires casino manager (4/24)
Lakota Country Times: Timothy Standing Soldier passes on at 54 (4/24)
Mark Trahant: Invest in our Native youth for long-term success (4/24)
James Giago Davies: True believerism and comic book solutions (4/24)
Brandon Ecoffey: Oglala Sioux Tribe must act on legal marijuana (4/24)
Ed Rice: Cleveland team comes up with excuse for racist mascot (4/24)
White House Blog: Recognizing tribal Climate Action Champions (4/24)
House subcommittee looks at poor conditions at Indian schools (4/24)
Navajo actress was put in darker makeup for Adam Sandler film (4/24)
Eastern Cherokee group plans lawsuit over tribal council raises (4/24)
Column: Commission takes on truth and reconciliation in Maine (4/24)
Senate votes to confirm Loretta Lynch as next attorney general (4/24)
ICT interview with confirmed NIGC Chairman Jonodev Chaudhuri (4/24)
Dave Palermo: Tribes in California assert right to Internet poker (4/24)
Pokagon Band casino remains a concern for Indiana lawmakers (4/24)
Pojoaque Pueblo places casino manager on administrative leave (4/24)
White Earth Nation promotes tribal members in casino positions (4/24)
Native Sun News: Oglala Sioux student vies for Miss Indian World (4/23)
Lakota Country Times: Tribal citizens named to education board (4/23)
Ivan Star: Struggling with the warrior heritage in Indian Country (4/23)
Dana Lone Elk: Lakota people still carry on fight of Crazy Horse (4/23)
Senate Indian Affairs Committee passes bill to renew NAHASDA (4/23)
BIA faces fire over latest reforms to federal recognition process (4/23)
Opinion: First Lady brings truth with remarks about Native youth (4/23)
Incoming leader of Navajo Nation stresses importance of youth (4/23)
Native actors storm off set of Adam Sandler film in New Mexico (4/23)
Marijuana seen as new frontier in tribal economic development (4/23)
Senate approves anti-trafficking measure with tribal provisions (4/23)
Interview with Gyasi Ross about spoken word release Isskootsik (4/23)
Blackfeet Nation launches campaign to ban drilling at sacred site (4/23)
Cherokee Nation celebrates births of first calves from bison herd (4/23)
Burns Paiute Tribe investigates fire that destroyed two bulidings (4/23)
Kaibab Paiute Tribe welcomes designation as 1st dark sky nation (4/23)
University of Minnesota sees surge in Native student enrollment (4/23)
Editorial: Minnesota tribes work together to address treaty rights (4/23)
Editorial: Maine governor fails to treat sovereign tribes as equals (4/23)
Brazil to host inaugural World Indigenous Games this September (4/23)
Prairie Band Potawatomi Nation probes woman's death at casino (4/23)
Tohono O'odham Nation vows defense for off-reservation casino (4/23)
Seminole Tribe talks with lawmakers about Class III casino deal (4/23)
Editorial: State needs assurances from Quapaw Tribe on gaming (4/23)
Native Sun News: Tribes take DOI to task over grizzly bear policy (4/22)
Native Sun News: Lakota rodeo legend Howard Hunter passes on (4/22)
Bill John Baker: Cherokee Nation language programs are working (4/22)
White House Blog: Improving the lives of Native American youth (4/22)
Bob Gough: Indigenous people most affected by climate change (4/22)
Duane Champagne: Indigenous accommodation for colonialism (4/22)
Audio from Senate Indian Affairs Committee on transportation (4/22)
Navajo Nation voters choose Russell Begaye as next president (4/22)
Appeals court sides with Indian inmate in religious rights case (4/22)
Kashia Band interested in timber not marijuana on new lands (4/22)
Kaw Nation to return to ancestral land in Kansas for ceremony (4/22)
Moapa Band to host Further Future music festival next month (4/22)
Lower Elwha Klallam Tribe runs into opposition to fish hatchery (4/22)
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.