Turtle Talk

Novaline Wilson (MSU Law ’08) has written a nice paper on the impact of Carcieri v. Salazar on Michigan tribes, many of whom (8 out of 12) were not federally recognized in 1934. It is here. Note that she wrote this before Carcieri was decided. An excerpt:

The Supreme Court must consider unique historical circumstances of Michigan Indian tribes before effectively barring these administratively aggrieved tribes from the federal land-to-trust process. Michigan Indian tribes have a distinct political history as treaty tribes that were illegally administratively terminated in a “situation [that] is not simply an injustice of major proportions, it is a travesty of logic that boggles the rational mind.” Carcieri was correctly decided at the administrative appeals level, by the District Court, and by the First Circuit Court of Appeals. This case is not only without merit, it directly contravenes the BIA’s authority to fulfill their federally mandated trust obligations to tribes. The BIA has to administer the same general federal fiduciary obligations to all tribes, regardless of the year the federal government finally got around to “formally recognizing” tribes. As demonstrated through Michigan Indian tribal history, an outright bar on land-to-trust for those tribes not recognized in 1934 would not only eviscerate fundamental Indian law and administrative law principles, it would demonstrate deliberate ignorance of hundreds of years of American history between Indian tribes and the federal government.