FULL-WIDTH BANNER WEBSITE AD - American Indian OIC

Supreme Court upends tribal and federal understandings of IRA

Share :
Facebook
X
FULL-WIDTH BANNER WEBSITE AD - American Indian OIC

WASHINGTON – The Supreme Court has ruled in Carcieri v. Salazar

that tribes not under federal jurisdiction as of 1934 cannot follow a

longstanding land into trust process administered by the U.S.

Department of the Interior. The ruling, which results from a suit

involving the Narragansett Indian Tribe of Rhode Island, is at odds

with many tribal, federal and legal understandings of the Indian

Reorganization Act.

Tribal

and federal lawyers said the decision will likely lead to legal

questions over the validity of tribal lands taken into trust by the

interior for tribes since the IRA was passed in 1934. And tribes not

acknowledged until after 1934 with pending or future fee-to-trust

applications will now have to prove they were under federal

jurisdiction in 1934.

The decision could result in several

states filing lawsuits trying to gain lands that have been taken into

trust for dozens of tribes recognized after 1934. Such attempts would

likely prove unsuccessful, as lawyers have noted that the federal Quiet

Title Act does not allow challenges to federal land acquisitions after

the fact, except in limited circumstances that do not appear applicable

in this case.

In Carcieri, Rhode Island did not want

the Narragansett Tribe, recognized in 1983, to be able to utilize 31

acres of land placed into trust by the interior. The tribe said it

wanted to use the land to create a housing development, but state

officials expressed concern that it could pursue a casino in the future.

Read the rest…

Read the actual Supreme Court Ruling (PDF)

This reporting is made possible by readers like you.

The Circle is a nonprofit newsroom with no tribal affiliation, no corporate ownership, and no paywall. Independent Native journalism depends on reader support.

Advertisement

Medicaid Exemptions - MN DHS Ad 2

Recent Stories

Advertisement

Medicaid Exemptions - MN DHS Ad 2

More From LatestNews

Walker Youngbird grant invests in emerging Indigenous artists

The Walker Youngbird Foundation is helping Native artists move ambitious projects from concept to public presentation through its Emerging Native Arts Grant. Awarded twice annually, the grant provides each recipient with $15,000, mentorship, and a curated showcase. It supports early-career Native and Indigenous artists completing projects intended for public presentation through an exhibition, installation, publication, […]

Temporary Colorado River rules face lawsuit as tribal water questions remain

The federal government has adopted temporary operating guidelines for the Colorado River after the seven basin states failed to agree on a long-term plan for the drought-stricken waterway. The agreements governing shortages and operations at Lake Powell and Lake Mead expire at the end of 2026. On Aug. 21, the U.S. Department of the Interior […]

Federal Funding Increase Brings New Resources for Tribal Health and Diabetes Programs

Federal funding for Indian health increased for fiscal year 2026, including a significant boost for a program supporting diabetes prevention and treatment in Native communities. Congress provided approximately $5.86 billion for Indian Health Service services and facilities, a 1.3% increase over fiscal year 2025. The total includes approximately $5.05 billion for health services and $809.2 […]

FULL-WIDTH BANNER WEBSITE AD - American Indian OIC

Search The Circle

Find stories, columns, events, and magazine features.

Indigenous news, community stories, events, and updates—delivered to your inbox.