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
The University of Tulsa College of Law - Master's in Indian Law
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Law Article: DOI takes diligent approach with land-into-trust

Filed Under: Law | Trust
More on: carcieri, doi, ira, land-into-trust, supreme court
     

Attorneys discuss new legal opinion from the Interior Department that addresses the U.S. Supreme Court decision in Carcieri v. Salazar:
The Office of the Solicitor of the Department of the Interior has issued a legal opinion (the “Opinion“) to the Secretary of the Interior interpreting the statutory phrase “under federal jurisdiction” in the Indian Reorganization Act, 25 U.S.C. § 461 et seq. (1934), (the “IRA“).[1] The Opinion is a result of the U.S. Supreme Court decision, Carcieri v. Salazar, 555 U.S. 379 (2009) (hereinafter, “Carcieri”), which limited Secretarial authority to take land into trust for tribes to those tribes “under federal jurisdiction” in 1934. The Opinion advises the Department of the Interior (“Interior“) that a tribe may be considered “under federal jurisdiction” in 1934 if it can show:

1. there is a sufficient showing in the tribe’s history, at or before 1934, that it was under federal jurisdiction, i.e. whether the United States had in 1934 or at some point in the tribe’s history prior to 1934, taken an action or series of actions through a course of dealings or other relevants acts for or on behalf of the tribe, or in some instance tribal members, that are sufficient to establish or that generally reflect federal obligations, duties, responsibility for or authority over the tribe by the United States; and if so,
2. the tribe’s jurisdictional status remained intact in 1934.

Notably, the Opinion states that a tribe need not have been both under federal jurisdiction in 1934 and federally recognized in 1934 to be eligible to have land taken into trust on its behalf.

Get the Story:
Christine L. Swanick and Wilda Wahpepah: Interior’s Carcieri opinion means more diligence for trust land development projects (Lexology 3/19)
Username: indianz@indianz.com. Password: indianzcom

DOI Solicitor Opinion:
M-37029: The Meaning of "Under Federal Jurisdiction" for Purposes of the Indian Reorganization Act (March 12, 2014)

Related Stories:
DOI addresses Carcieri land-into-trust case with legal opinion (3/13)


Copyright © 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:
Department of the Army takes the lead on Dakota Access Pipeline (1/18)
Dakota Access executive confirms crude already placed in pipeline (1/18)
Bureau of Indian Affairs releases annual listing of recognized tribes (1/18)
Lakota Country Times: Rosebud Sioux Tribe opens homeless shelter (1/18)
Native Sun News Today: Northern Cheyenne focuses on foster care (1/18)
Brandon Ecoffey: Be safe and be prepared as winter hits the plains (1/18)
Disenrollment epidemic affects dozens of tribes across the nation (1/18)
New battle opens as Dakota Access disputes environmental review (1/17)
Judge declines to block publication of Dakota Access Pipeline notice (1/17)
Standing Rock Sioux Tribe responds quickly to Dakota Access threat (1/17)
President Obama names first members of Native youth commission (1/17)
Tim Giago: Discovering a love for food at an Indian boarding school (1/17)
Lakota Country Times: Historic decision for Indian Child Welfare Act (1/17)
Native Sun News Today: Pine Ridge teams fight it out at the buzzer (1/17)
Delphine Red Shirt: Tournament is a testament to our Native youth (1/17)
Native Sun News Today Editorial: News for ranchers in the new year (1/17)
Gyasi Ross: Let's divest from DAPL and support Native owned banks (1/17)
Jeffrey Ostler/Nick Estes: Treaties and the Dakota Access Pipeline (1/17)
Mary Annette Pember: Bad River Band takes stand on oil pipeline (1/17)
Steve Russell: Resolutions for tribal leaders and even the Donald (1/17)
Craig Tribal Association celebrates 'historic' trust land acquisition (1/16)
Mark Trahant: Congress moves forward with repeal of Obamacare (1/16)
Native Sun News Today: Northern Cheyenne banker beats the odds (1/16)
James Giago Davies: The real power to defeat the Wasicu pipeline (1/16)
Tiffany Midge: Hollywood needs to stop stereotyping Native people (1/16)
Peter d'Errico: New book connects Native America with Palestine (1/16)
Alaska tribe makes history with approval of trust land application (1/13)
Mille Lacs Band divests from bank over Dakota Access financing (1/13)
Navajo Code Talkers participate in presidential inaugural parade (1/13)
Native Sun News Today: Uranium expansion by sacred site halted (1/13)
Clara Caufield: Commemorating the outbreak from Fort Robinson (1/13)
Terese Mailhot: Paying tribute to my brother & my protector Guy (1/13)
Steven Newcomb: It's been 130 years of taking indigenous lands (1/13)
Trump's Energy nominee vows to stay away from Dakota Access (1/12)
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.