| A publication of Pine Tree Legal Assistance |
On February 24, 2009 the U.S. Supreme Court ruled in the case of Carcieri v. Salazar that Indian tribes that were not under federal jurisdiction in 1934 cannot use the land-into-trust process under the Indian Reorganization Act (IRA). The direct impact of the ruling stops the Interior Department from putting land into trust for the Narragansett Tribe. But the court decision could have a major impact on many other tribes and other issues because the decision restricts the term “Indian” as defined in the IRA.
According to expert witnesses at a Congressional hearing on April 1, Congress needs to amend the IRA to offset the court ruling. Otherwise the court decision could affect tribal business organizations, contracts, tribal lands, public safety and other services on reservations. For example, it might mean that members of some Tribes will not be eligible for preference in hiring by the Bureau of Indian Affairs because that right is based on the IRA.
The next issue of the Wabanaki Legal News will give an update on the impact of the decision, including any action that Congress or the Interior Department may take to reverse or limit the impact of the court ruling.