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

TOWER_SKYSCRAPER WEBSITE AD - MN DHS - The Circle SUD Campaign DIGITAL (160x550 px) Dad and Son

Recent Stories

Advertisement

This is what Fraud Looks Like - The Circle - Web 160x120

More From LatestNews

Lac du Flambeau Defends Tribal Sovereignty in Multiple Federal Lawsuits

The Lac du Flambeau Band of Lake Superior Chippewa is facing multiple federal lawsuits that raise a larger question: How much authority does a tribal nation have to govern and protect its reservation and natural resources? In April 2026, Wisconsin sued the tribe after it passed resolutions restricting non-member fishing for walleye and muskellunge on 19 […]

Indigenous Advocates Call for Protection of Sacred Pipestone

Concerns are rising over a proposed reroute of a petroleum pipeline near Pipestone National Monument in southwestern Minnesota; here’s what we know. The Minnesota Public Utilities Commission (PUC) is reviewing the Pipestone Pipeline Reroute Project (Docket IP-7109/PPL-23-109). The applicant is Magellan Pipeline Company, L.P., now part of ONEOK. The proposal would reroute approximately 0.74 miles of an existing eight-inch […]

Native candidates advance across Minnesota following Aug. 11 primary

Several Native candidates are advancing to Minnesota’s November general election following the Aug. 11th primary, with Indigenous candidates appearing in races ranging from local government and school boards to the Minnesota Legislature and the U.S. Senate. According to election coverage from ICT, nearly a dozen Native candidates were running for office across Minnesota on Tuesday. […]

FULL-WIDTH BANNER WEBSITE AD - American Indian OIC

Search The Circle

Find stories, columns, events, and magazine features.