NCAI Encouraged By DOI Opinion On Carcieri;
Reaffirms Need For A Robust Fix That Ensures Tribal Equality
WASHINGTON, DC – The National Congress of American Indians (NCAI) appreciates the efforts of the Department of the Interior in issuing a new legal opinion and working to provide further guidance in defining the tribes “under federal jurisdiction” as of 1934 in the wake of the Supreme Court’s 2009 Carcieri v. Salazar decision regarding the Indian Reorganization Act. The opinion, however, highlights the need for Congress to make clear that all Indian tribes are under federal constitutional authority to regulate.
The Indian Reorganization Act was enacted in 1934 to restore Indian tribal governments and tribal lands after the failed federal policies of termination and assimilation. The Act ensured that the tribal way of life would continue and thrive. In its Carcieri decision, the Supreme Court determined that the Secretary of the…
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