"I see now that the Dept. of Interior is (un)officially segregating Indian tribes for purposes of trust acquisitions (see email reported on Indianz), shutting down (apparently) some trust applications and allowing others to proceed, that the first impacts of Carcieri have reached Indian Country, as expected.

Maybe it’s worth revisiting what the Supreme Court did in Carcieri from a slightly different point of view. Arguably, a money claim against the United States for failure to properly recognize certain Indian tribes in 1934 has now accrued.

One can argue that federal recognition by either the Secretary or Congress is an attempt to remedy the likely illegal acts of not recognizing the tribes in 1934. If we take treaty tribes that were administratively terminated, for example, or other tribes the Department didn’t want to recognize in 1934, then there is a decent argument that the Department acted illegally in denying them access to the Indian Reorganization Act. Some of those tribes have made efforts to recover some funds for the failure to provide services, with almost no success (see the Samish case for instance).

But, if a tribe can prove that the Department’s actions (or inactions) in 1934 in not recognizing the tribe were illegal (and many, many tribes likely can), then there is a legal hook. Maybe the damages that accrued from that initial failure are not recoverable because of the statute of limitations, but the new damages accruing from the new legal regime post-Carcieri are brand new. It might not be a whole lot for one tribe, but when you start adding up tribes, you get significant damages."

Get the Story:
Is There a Money Claim Against the US Post-Carcieri? (Turtle Talk 3/26)

Related Stories:
Land-into-trust options weighed after Carcieri (3/26)
House Resources hearing on land-into-trust ruling (3/26)
Mashpee Wampanoag Tribe seeks land-into-trust fix (3/25)
Letter: Overturn Supreme Court on land-into-trust (3/24)
Tribes protest against land-into-trust decision (3/23)
Ione Band worried about casino after high court ruling (3/23)
Tribes to protest against land-into-trust decision (3/20)
Shakopee Tribe not worried about land-into-trust (3/19)
Poarch Band not worried about land-into-trust ruling (3/17)
Mashpee Wampanoag Tribe sticks with casino (3/17)
Narragansett Tribe plans land-into-trust protest (3/16)
Senate hearing on land-into-trust set for April 2 (3/13)
Mashpee Wampanoag Tribe asks Congress for fix (3/12)
Dorgan says no quick fix to land-into-trust ruling (3/9)
California a battleground after land-into-trust ruling (3/6)
Chemehuevi Tribe waits on off-reservation casino (3/6)
NCAI opens winter session in Washington DC (3/4)
Turtle Talk: No easy fix for land-into-trust ruling (3/2)
Rhode Island delegation cool to land-into-trust ruling (3/2)
Fletcher: Now's the time to fix land-into-trust ruling (2/26)
Rep. Rahall to call hearing on land-into-trust ruling (2/26)
Narragansett Tribe to fight land-into-trust ruling (2/26)
Cowlitz Tribe weighs impact of land-into-trust decision (2/26)
Menominee Nation hopes for shift on land-into-trust (2/26)
Gun Lake casino foes review land-into-trust options (2/26)
Supreme Court rules in big land-into-trust case (2/25)
Tribes will ask Congress to 'fix' land-into-trust decision (2/25)
Massachusetts tribe blasts land-into-trust ruling (2/25)
Oneida Nation not worried about land-into-trust (2/25)
Turtle Talk: Implications of land-into-trust ruling (2/25)
Turtle Talk: Thoughts on land-into-trust decision (2/25)
Turtle Talk: Decision brewing in land-into-trust case (01/22)
Land-into-trust case rejected by Supreme Court (1/22)
Land-into-trust case awaits Supreme Court action (1/13)
Turtle Talk: More thoughts on land-into-trust cases (01/13)
Supreme Court rejects two Indian law cases (1/12)
DOJ brief argues 1934 land-into-trust issue again (12/16)
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)