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Carcieri v. Salazar | 555 U.S. 379 (2009)
In Carcieri versus Salazar, we’ll see whether the federal government can take land into trust for Indian tribes that were federally recognized after 1934.
In 1983, the Narragansett Indian Tribe gained federal recognition. Years later, the tribe purchased 31 acres of land adjacent to lands it had previously acquired through a settlement act. Under Section 479 of the Indian Reorganization Act of 1934, or IRA, the Secretary of the Interior may acquire land and hold it in trust on behalf of, quote, “any recognized Indian tribe now under federal jurisdiction,” unquote. The tribe requested that Secretary Ken Salazar accept the tribe’s 31 acres into trust. The secretary accepted the land into trust in 1998.
Rhode Island, represented by Governor Donald Carcieri, challenged the secretary’s decision at the Department of the Interior Board of Indian Appeals. Rhode Island claimed that the secretary didn’t have the authority to hold the land in trust because the phrase now under federal jurisdiction meant that the secretary could only hold land in trust for tribes that were under federal jurisdiction at the time the IRA was enacted. The board upheld the secretary’s decision. Rhode Island sought review of the decision in district court. The court granted summary judgment in favor of the secretary, holding that the act didn’t require that a tribe was federally recognized in 1934. Rhode Island appealed. The court of appeals affirmed. Rhode Island appealed again. The United States Supreme Court granted cert.
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