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Shakopee Tribe not worried about land-into-trust
Thursday, March 19, 2009
Filed Under: Law | Trust

The U.S. Supreme Court decision in Carcieri v. Salazar has “absolutely no negative impact” on the Shakopee Mdewakanton Dakota Community of Minnesota, the tribe's attorney said.

The tribe didn't gain formal recognition until 1969. But the tribe came "under federal jurisdiction" through treaties and the allotment process, attorney Willie Hardacker said.

But other observers said the decision raises questions tribes that weren't recognized when the Indian Reorganization Act. was passed in 1934. “It creates enough doubt that it’s problematic,” Kathryn Rand, the co-director of the Institute for the Study of Tribal Gaming Law and Policy at the University of North Dakota, told The Shakopee Valley News.

Tribes are asking Congress to amend the IRA to ensure all tribes, regardless of the date of recognition, can follow the land-into-trust process.

Get the Story:
High court case opens questions on land-trust issue (The Shakopee Valley News 3/19)

Supreme Court Decision:
Syllabus | Opinion [Thomas] | Concurrence [Breyer] | Dissent [Stevens] | Concurrence/Dissent [Souter]

Supreme Court Documents:
Oral Argument Transcript | Briefs

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