indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Falmouth Institute - December in Las Vegas
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
Choctaw Nation Trial:
Choctaw Nation releases statement after guilty verdict in case (11/21)
Former Choctaw Nation employee found guilty after lengthy trial (11/21)
Trial on Choctaw Nation fraud winds down with final testimony (11/21)
Leader of Choctaw Nation faces tough questions in fraud trial (11/21)
Latest News:
Native Sun News: Oglala Sioux youth to join White House meet (11/21)
Obamas welcome youth from Standing Rock Sioux Tribe to DC (11/21)
House passes bill to address Grand Portage Band per capitas (11/21)
House Natural Resources Committee passes three tribal bills (11/21)
Chaske Spencer: Changing the narrative for our Native youth (11/21)
Winona LaDuke: No one believes in the 'black snake' pipeline (11/21)
Dina Gilio-Whitaker: Tax disparities remain in Indian Country (11/21)
ICT interview with DOI deputy secretary on Cobell buy-backs (11/21)
Oglala Sioux Tribe rounds up dogs after deadly attack on girl (11/21)
Leader of Navajo Nation signs bill for higher tax on junk food (11/21)
North Dakota tribe in negotiations for pipeline to curb flaring (11/21)
Saginaw Chippewa Tribe passes language to new generation (11/21)
Little Traverse Bay Bands swear in interim leader after recall (11/21)
Blog: Play-by-play of election controversy on Navajo Nation (11/21)
Column: Theories link Thanksgiving to 1637 Pequot massacre (11/21)
Editorial: Work with Burns Paiute Tribe on land-into-trust bid (11/21)
Ex-employee of Passamaquoddy Tribe admits to drug charge (11/21)
BIA publishes notice of Karuk Tribe Class III gaming compact (11/21)
Oklahoma reports drop in gaming exclusivity fees from tribes (11/21)
Pala Band gears up for official launch of Internet gaming site (11/21)
Native Sun News: Oglala Sioux woman shot and killed by police (11/20)
Mark Trahant: Lakota honor song wasn't out of place in Senate (11/20)
Dog attack blamed for death of eight-year-old girl at Pine Ridge (11/20)
DOI issues status report on Cobell land consolidation program (11/20)
Greg Grey Cloud explains Lakota honor song after Senate vote (11/20)
Steven Newcomb: Disestablishing the doctrines of domination (11/20)
Sen. Mark Begich: Moving forward for the first people of Alaska (11/20)
Bill Richardson: Indian Country feels effects of climate change (11/20)
Smithsonian: Sand Creek Massacre of 1864 won't be forgotten (11/20)
Flandreau Santee Sioux Tribe sues South Dakota over sales tax (11/20)
Morongo Band distributes 10K turkeys for Thanksgiving meals (11/20)
GAO report looks at tribal implementation of Adam Walsh Act (11/20)
FBI opens background check database to tribal law agencies (11/20)
Survey shows most Americans wouldn't use R-word in person (11/20)
USDA Blog: Youth from Angoon Tribe carry on their traditions (11/20)
Editorial: County and critics must stop fighting Chumash Tribe (11/20)
Editorial: Oklahoma Indian museum benefits the entire state (11/20)
Muscogee Nation finally starts work on $365M gaming project (11/20)
Two tribes making push for off-reservation casino in California (11/20)
Mashantucket Tribe hires new executive for gaming operation (11/20)
Opinion: Catawba Nation makes a sneak attack with casino bid (11/20)
Opinion: Poarch Creek gaming deal won't help state's economy (11/20)
Native Sun News: Northern Cheyenne activists push for change (11/19)
Mark Trahant: Historic election in Alaska with Native candidate (11/19)
Audio: Senate Indian Affairs Committee hearing on child trauma (11/19)
Republicans hold up action on Alaska tribal jurisdiction measure (11/19)
DOI official to give update on Cobell land consolidation program (11/19)
Center for Native American Youth hosts panel discussion in DC (11/19)
Sen. Heitkamp to host panel on child trauma in Indian Country (11/19)
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.