Supreme Court Decision Carcieri V Salazar Ramifications To Indian Tribes PDF Download
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Author | : United States. Congress. House. Committee on Natural Resources |
Publisher | : |
Total Pages | : 56 |
Release | : 2009 |
Genre | : Law |
ISBN | : |
Download Supreme Court Decision, Carcieri V. Salazar, Ramifications to Indian Tribes Book in PDF, ePub and Kindle
Author | : United States. Congress |
Publisher | : Createspace Independent Publishing Platform |
Total Pages | : 56 |
Release | : 2018-01-12 |
Genre | : |
ISBN | : 9781983760396 |
Download Supreme Court Decision, Carcieri V. Salazar, Ramifications to Indian Tribes Book in PDF, ePub and Kindle
Supreme Court decision, Carcieri v. Salazar, ramifications to Indian tribes : oversight hearing before the Committee on Natural Resources, U.S. House of Representatives, One Hundred Eleventh Congress, first session, Wednesday, April 1, 2009.
Author | : United States House of Representatives |
Publisher | : |
Total Pages | : 58 |
Release | : 2019-09-07 |
Genre | : |
ISBN | : 9781691287956 |
Download Supreme Court Decision, Carcieri V. Salazar, Ramifications to Indian Tribes Book in PDF, ePub and Kindle
Supreme Court decision, Carcieri v. Salazar, ramifications to Indian tribes: oversight hearing before the Committee on Natural Resources, U.S. House of Representatives, One Hundred Eleventh Congress, first session, Wednesday, April 1, 2009.
Author | : |
Publisher | : |
Total Pages | : |
Release | : 2009 |
Genre | : |
ISBN | : |
Download Supreme Court Decision, Carcieri V. Salazar, Ramifications to Indian Tribes Book in PDF, ePub and Kindle
Author | : Howard Highland |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : |
ISBN | : |
Download A Regulatory Quick-Fix for Carcieri V. Salazar Book in PDF, ePub and Kindle
Secretary of the Interior Ken Salazar has requested that Congress enact a “legislative fix” for the Supreme Court opinion in Carcieri v. Salazar. In Carcieri, the Court interpreted the Indian Reorganization Act of 1934 (IRA) to effectuate a perverse distinction between Indian tribes under federal jurisdiction in June 1934 and Indian tribes whose relationship with the federal government was not established until after June 1934. Applying step one of the doctrine articulated in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., the majority opinion of Justice Thomas declared that “the term 'now under Federal jurisdiction' in [the IRA] unambiguously refers to those tribes that were under the federal jurisdiction of the United States when the IRA was enacted in 1934.” As a result, a cloud now hangs over any land-into-trust transactions that the Secretary has made for Indian tribes which were not federally recognized until after 1934, and which are now unable to prove that their “post-1934 recognition [was granted] on grounds that implied a 1934 relationship between the tribe and Federal Government that could be described as jurisdictional.” Whereas other proposals for a Carcieri fix presume the need for new legislation or regulations to fix Carcieri, this Recent Development argues that existing statutes and regulations already authorize the Secretary to overcome the effects of Carcieri. Even though the IRA no longer authorizes the Secretary to take land into trust for Indian tribes not under federal jurisdiction in June 1934, the Secretary's fee-into-trust regulations under 25 C.F.R. Part 151 rest on several other pillars of statutory authority. 25 U.S.C. §§ 2 and 9 are the strongest alternative sources of statutory authority under which the Secretary may claim delegated authority for fee-into-trust acquisitions on behalf of Indian tribes not under federal jurisdiction in June 1934. Under the Chevron doctrine, 25 U.S.C. §§ 2 and 9 constitute an explicit delegation of authority to the Secretary to promulgate “legislative regulations [which] are given controlling weight unless they are arbitrary, capricious, or manifestly contrary to the statute.” Such legislative regulations are thus entitled to the maximum amount of Chevron deference. 25 U.S.C. §§ 2 and 9 also form the statutory basis for 25 C.F.R. § 83.12(a), which entitles acknowledged tribes to “the privileges and immunities available to other federally recognized historic tribes,” and renders them “eligible for the services and benefits from the Federal government that are available to other federally recognized tribes.” Hence, federal acknowledgment under 25 C.F.R. Part 83 ought to include the benefits available to tribes under 25 C.F.R. Part 151. This Recent Development urges that the ruling in Carcieri does not prohibit the Secretary from asserting that he has always held statutory authority under 25 U.S.C. §§ 2 and 9 to transfer land into trust for Indian tribes acknowledged under 25 C.F.R. Part 83. Although not every tribe federally recognized after 1934 was given status under 25 C.F.R. Part 83, the regulatory quick fix proposed in this paper would minimize the devastating consequences of Carcieri while a legislative fix stalls in Congress.
Author | : Felix S. Cohen |
Publisher | : |
Total Pages | : 662 |
Release | : 1971 |
Genre | : Indians of North America |
ISBN | : |
Download Handbook of Federal Indian Law Book in PDF, ePub and Kindle
Author | : Matthew L. M. Fletcher |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : Alaska Natives |
ISBN | : 9780314290717 |
Download Federal Indian Law Book in PDF, ePub and Kindle
Hardbound - New, hardbound print book.
Author | : Robert N. Clinton |
Publisher | : |
Total Pages | : 1466 |
Release | : 2005 |
Genre | : Indians of North America |
ISBN | : |
Download American Indian Law Book in PDF, ePub and Kindle
Author | : United States. Congress. Senate. Committee on Indian Affairs (1993- ) |
Publisher | : |
Total Pages | : 184 |
Release | : 2010 |
Genre | : Federal-Indian trust relationship |
ISBN | : |
Download Examining Executive Branch Authority to Acquire Trust Lands for Indian Tribes Book in PDF, ePub and Kindle
Author | : United States. Congress. House. Committee on Natural Resources. Subcommittee on Indian and Alaska Native Affairs |
Publisher | : |
Total Pages | : 88 |
Release | : 2012 |
Genre | : Social Science |
ISBN | : |
Download H.R. 1291, H.R. 1234, and H.R. 1421 Book in PDF, ePub and Kindle