Amador County - The Ione Band of Miwok Indians joined dozens of national Indian tribes in a legal limbo this week when the U.S. Supreme Court ruled Tuesday that tribes recognized after 1934 cannot have land taken into federal trust. The 6-3 ruling was released Tuesday on a case heard by the high court in November. The Boston Globe reported Wednesday that “the court decided that land-trust status should have been granted only to tribes that were federally recognized before 1934.” The Ione Band of Miwok Indians is currently in the application stage of having land in and around Plymouth taken into trust, for the purpose of a 2,000-slot machine casino. Tribal spokesman Matthew Franklin did not return a call before air time to comment on how he thought the ruling might affect the Ione Miwok’s casino project. The tribe lists on its Website that it was federally recognized on March 22nd, 1994. In the Supreme Court case: Carcieri v. Salazar, the governor of Rhode Island sued the Narragansett tribe, which argued that 31 acres of land it owned in Charlestown, R.I., should be placed in federal trust. The Globe reported that: “State officials, concerned that the tribe would create a tax-free zone or build a casino, argued that federal law prevents the U.S. government from taking land into trust for tribes recognized after the 1934 Indian Reorganization Act. The Narragansett Tribe was federally recognized in 1983. The U.S. Court of Appeals for the First Circuit in Boston rejected the state's claim in July 2007, but the Supreme Court reversed that decision (Tuesday)… Debate hinged on the phrase ‘now under federal jurisdiction,’ wording in the 1934 law. Rhode Island officials argued it meant the law would apply only to tribes that were recognized when the law was passed, while the tribe argued it was ambiguous.” The Globe quotes Justice Clarence Thomas’ majority opinion, which stated that: "Because the record in this case establishes that the Narragansett Tribe was not under federal jurisdiction when the (Indian Reorganization Act) was enacted, the secretary does not have the authority to take the parcel at issue into trust." The Ione Band of Miwok Indians proposes 120,000-square feet of facilities for its casino and “world class hotel,” with 2,000 gaming machines and 40 table games in a 65,000-square foot of gaming area. The 700-member tribe also proposes facilities for entertainment, Bingo, conventions, meetings, childcare, offices and a lounge and bar area. Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.
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Amador County - The Ione Band of Miwok Indians joined dozens of national Indian tribes in a legal limbo this week when the U.S. Supreme Court ruled Tuesday that tribes recognized after 1934 cannot have land taken into federal trust. The 6-3 ruling was released Tuesday on a case heard by the high court in November. The Boston Globe reported Wednesday that “the court decided that land-trust status should have been granted only to tribes that were federally recognized before 1934.” The Ione Band of Miwok Indians is currently in the application stage of having land in and around Plymouth taken into trust, for the purpose of a 2,000-slot machine casino. Tribal spokesman Matthew Franklin did not return a call before air time to comment on how he thought the ruling might affect the Ione Miwok’s casino project. The tribe lists on its Website that it was federally recognized on March 22nd, 1994. In the Supreme Court case: Carcieri v. Salazar, the governor of Rhode Island sued the Narragansett tribe, which argued that 31 acres of land it owned in Charlestown, R.I., should be placed in federal trust. The Globe reported that: “State officials, concerned that the tribe would create a tax-free zone or build a casino, argued that federal law prevents the U.S. government from taking land into trust for tribes recognized after the 1934 Indian Reorganization Act. The Narragansett Tribe was federally recognized in 1983. The U.S. Court of Appeals for the First Circuit in Boston rejected the state's claim in July 2007, but the Supreme Court reversed that decision (Tuesday)… Debate hinged on the phrase ‘now under federal jurisdiction,’ wording in the 1934 law. Rhode Island officials argued it meant the law would apply only to tribes that were recognized when the law was passed, while the tribe argued it was ambiguous.” The Globe quotes Justice Clarence Thomas’ majority opinion, which stated that: "Because the record in this case establishes that the Narragansett Tribe was not under federal jurisdiction when the (Indian Reorganization Act) was enacted, the secretary does not have the authority to take the parcel at issue into trust." The Ione Band of Miwok Indians proposes 120,000-square feet of facilities for its casino and “world class hotel,” with 2,000 gaming machines and 40 table games in a 65,000-square foot of gaming area. The 700-member tribe also proposes facilities for entertainment, Bingo, conventions, meetings, childcare, offices and a lounge and bar area. Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.
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