Carcieri v. Salazar

555 U.S. 379, 129 S. Ct. 1058, 172 L. Ed. 2d 791, 2009 U.S. LEXIS 1633
CourtSupreme Court of the United States
DecidedFebruary 24, 2009
Docket07-526
StatusPublished
Cited by318 cases

This text of 555 U.S. 379 (Carcieri v. Salazar) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carcieri v. Salazar, 555 U.S. 379, 129 S. Ct. 1058, 172 L. Ed. 2d 791, 2009 U.S. LEXIS 1633 (2009).

Opinions

Justice Thomas

delivered the opinion of the Court.

The Indian Reorganization Act (IRA or Act) authorizes the Secretary of the Interior, a respondent in this case, to acquire land and hold it in trust “for the purpose of providing [382]*382land for Indians.” §5, 48 Stat. 985, 25 U. S. C. §465. The IRA defines the term “Indian” to “include all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction.” §479. The Secretary notified petitioners — the State of Rhode Island, its Governor, and the town of Charlestown, Rhode Island — that he intended to accept in trust a parcel of land for use by the Narragansett Indian Tribe in accordance with his claimed authority under the statute. In proceedings before the Interior Board of Indian Appeals (IBIA), the District Court, and the Court of Appeals for the First Circuit, petitioners unsuccessfully challenged the Secretary’s authority to take the parcel into trust.

In reviewing the determination of the Court of Appeals, we are asked to interpret the statutory phrase “now under Federal jurisdiction” in §479. Petitioners contend that the term “now” refers to the time of the statute’s enactment, and permits the Secretary to take land into trust for members of recognized tribes that were “under Federal jurisdiction” in 1934. Respondents argue that the word “now” is an ambiguous term that can reasonably be construed to authorize the Secretary to take land into trust for members of tribes that are “under Federal jurisdiction” at the time that the land is accepted into trust.

We agree with petitioners and hold that, for purposes of § 479, the phrase “now under Federal jurisdiction” refers to a tribe that was under federal jurisdiction at the time of the statute’s enactment. As a result, §479 limits the Secretary’s authority to taking land into trust for the purpose of providing land to members of a tribe that was under federal jurisdiction when the IRA was enacted in June 1934. Because the record in this case establishes that the Narragansett Tribe was not under federal jurisdiction when the IRA was enacted, the Secretary does not have the authority [383]*383to take the parcel at issue into trust. We reverse the judgment of the Court of Appeals.

I

At the time of colonial settlement, the Narragansett Indian Tribe was the indigenous occupant of much of what is now the State of Rhode Island. See Final Determination for Federal Acknowledgement of Narragansett Indian Tribe of Rhode Island, 48 Fed. Reg. 6177 (1983) (hereinafter Final Determination). Initial relations between colonial settlers, the Narragansett Tribe, and the other Indian tribes in the region were peaceful, but relations deteriorated in the late 17th century. The hostilities peaked in 1675 and 1676 during the 2-year armed conflict known as King Philip’s War. Hundreds of colonists and thousands of Indians died. See E. Schultz & M. Tougias, King Philip’s War 5 (1999). The Narragansett Tribe, having been decimated, was placed under formal guardianship by the Colony of Rhode Island in 1709. 48 Fed. Reg. 6177, 6178.1

Not quite two centuries later, in 1880, the State of Rhode Island convinced the Narragansett Tribe to relinquish its tribal authority as part of an effort to assimilate tribal members into the local population. See Narragansett Indian Tribe v. National Indian Gaming Comm’n, 158 F. 3d 1335, 1336 (CADC 1998). The Tribe also agreed to sell all but two acres of its remaining reservation land for $5,000. Ibid. Almost immediately, the Tribe regretted its decisions and embarked on a campaign to regain its land and tribal status. Ibid. In the early 20th century, members of the Tribe sought economic support and other assistance from the Fed[384]*384eral Government. But, in correspondence spanning a 10-year period from 1927 to 1937, federal officials declined their request, noting that the Tribe was, and always had been, under the jurisdiction of the New England States, rather than the Federal Government.

Having failed to gain recognition or assistance from the United States or from the State of Rhode Island, the Tribe filed suit in the 1970’s to recover its ancestral land, claiming that the State had misappropriated its territory in violation of the Indian Non-Intercourse Act, 25 U. S. C. § 177.2 The claims were resolved in 1978 by enactment of the Rhode Island Indian Claims Settlement Act, 92 Stat. 813, 25 U. S. C. § 1701 et seq. Under the agreement codified by the Settlement Act, the Tribe received title to 1,800 acres of land in Charlestown, Rhode Island, in exchange for relinquishing its past and future claims to land based on aboriginal title. The Tribe also agreed that the 1,800 acres of land received under the Settlement Act “shall be subject to the civil and criminal laws and jurisdiction of the State of Rhode Island.” § 1708(a); see also § 1712(a).

The Narragansett Tribe’s ongoing efforts to gain recognition from the United States Government finally succeeded in 1983. 48 Fed. Reg. 6177. In granting formal recognition, the Bureau of Indian Affairs (BIA) determined that “the Narragansett community and its predecessors have existed autonomously since first contact, despite undergoing many modifications.” Id., at 6178. The BIA referred to the Tribe’s “documented history dating from 1614” and noted that “all of the current membership are believed to be able to trace to at least one ancestor on the membership lists of the Narragansett community prepared after the 1880 Rhode [385]*385Island ‘detribalization’ act.” Ibid. After obtaining federal recognition, the Tribe began urging the Secretary to accept a deed of trust to the 1,800 acres conveyed to it under the Rhode Island Indian Claims Settlement Act. 25 CFR § 83.2 (2008) (providing that federal recognition is needed before an Indian tribe may seek “the protection, services, and benefits of the Federal government”). The Secretary acceded to the Tribe’s request in 1988. See Charlestown v. Eastern Area Director, Bur. of Indian Affairs, 18 IBIA 67,69 (1989).3

In 1991, the Tribe’s housing authority purchased an additional 31 acres of land in the town of Charlestown adjacent to the Tribe’s 1,800 acres of settlement lands. Soon thereafter, a dispute arose about whether the Tribe’s planned construction of housing on that parcel had to comply with local regulations. Narragansett Indian Tribe v. Narragansett Elec. Co., 89 F. 3d 908, 911-912 (CA1 1996). The Tribe’s primary argument for noncompliance — that its ownership of the parcel made it a “dependent Indian community” and thus “Indian country” under 18 U. S. C. § 1151 — ultimately failed. 89 F. 3d, at 913-922. But, while the litigation was pending, the Tribe sought an alternative solution to free itself from compliance with local regulations: It asked the Secretary to accept the 31-acre parcel into trust for the Tribe pursuant to 25 U. S. C.

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Cite This Page — Counsel Stack

Bluebook (online)
555 U.S. 379, 129 S. Ct. 1058, 172 L. Ed. 2d 791, 2009 U.S. LEXIS 1633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carcieri-v-salazar-scotus-2009.