California a battleground after land-into-trust ruling
Friday, March 6, 2009
Filed Under:
Law
|
Trust
As many as 60 tribes in California may be affected by the
U.S. Supreme Court
decision in
Carcieri v. Salazar, the leader of an opposition group said.
Cheryl Schmidt of
Stand Up for California said more than half of the 108 federally-recognized tribes in Cailfornia were not "under federal jurisdiction" in 1934. That means they may not qualify for the land-into-trust process, according to the Supreme Court's decision.
But Schmidt said the Santa Ynez Band of Chumash Indians, whose land-into-trust applications have been controversial, isn't one of those. She said the tribe has been identified in acts of Congress as far back as 1881, although the tribe did not appear on the official list of recognized tribes until 1979.
For other tribes, proving they qualify will be tough, a local attorney said. “The burden is going to be on (the tribes) to prove they had these requirements back in 1934. The records in most cases are probably not going to be there," Jim Marino told The Santa Ynez Valley Journal.
Get the Story:
RULING LIMITS TRIBE EXPANSIONS
(The Santa Ynez Valley Journal 3/5)
High court gives narrow interpretation to 1934 law (The Wisconsin Law Journal 3/5)
Supreme Court Decision:
Syllabus
|
Opinion
[Thomas] |
Concurrence
[Breyer] |
Dissent
[Stevens] |
Concurrence/Dissent
[Souter]
Supreme Court Documents:
Oral
Argument Transcript |
Briefs
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