''Solem v. Bartlett'', 465 U.S. 463 (1984), was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case involving
Indian country jurisdiction in the United States that decided that opening up
reservation lands for settlement by non-Indians does not constitute the intent to
diminish reservation boundaries. Therefore, reservation boundaries would not be diminished unless specifically determined through acts of Congress.
[.]
Background
The Cheyenne River Act of 1908 gave the Secretary of Interior power “to sell and dispose of” of the Cheyenne River Sioux reservation to non-Indians for settlement. The profit of the sale was to go to the United States Treasury as a “credit” for the Indians to have tribal rights on the reservation (465 U.S. 463).
In 1979,
Sioux
The Sioux or Oceti Sakowin (; Dakota language, Dakota: Help:IPA, /otʃʰeːtʰi ʃakoːwĩ/) are groups of Native Americans in the United States, Native American tribes and First Nations in Canada, First Nations peoples in North America. The ...
tribe member John Bartlett was charged by the State of South Dakota with attempted rape. The crime had occurred on the area of the reservation that had been opened to settlement in 1908 with Cheyenne River Act (465 U. S. 465). Bartlett pleaded guilty and was sentenced to ten years in a state penitentiary, but contended that his crime actually took place in Indian country because the Act did not reduce the reservation but instead only opened it to settlement, therefore the jurisdiction belonged to the tribe, not the state (465 U.S. 465).
Opinion of the Court
The Court recognized that large areas in the west had been set aside as Indian reservations in the late 19th century, and that later, individual allotments were designated to Indians, with the excess land being sold to non-Indians. The Cheyenne River Act was a piece of legislation that dealt specifically with the excess land from the Cheyenne Sioux Reservation, and has its own statutory language. Usually, States held jurisdiction over unallotted open lands when the Act declared that the area is no longer considered reservation land. Otherwise, federal, state, and tribal authorities share jurisdiction of the open area. The Court stated that designated reservation land remains a part of the reservation until Congress clearly diminishes its boundaries.
The Court held that the Act only gives the Secretary of State permission to “sell and dispose” of lands, not to diminish the reservation boundaries (465 U.S. 466).
Therefore, the Cheyenne River Sioux reservation was not diminished by the Act and the area on which Bartlett committed his crime was within Indian country jurisdiction.
The ruling in ''Solem v. Bartlett'' established three principles to measure Congress’s intent to diminish a reservation.
First, only Congress has the power to diminish reservation boundaries. In Solem, it is stated that “once a block of land is set aside for an Indian reservation and no matter what happens to the title of the individual plots within the area, the entire block retains its reservation status until Congress explicitly states otherwise”.
[Campisi, Jack, and Laurence M. Hauptman, eds. The Oneida Indian Experience: Two Perspectives. 1st ed. Syracuse, NY: Syracuse University Press, 1988.] Therefore, the
allotment policy does not designate a change in reservation boundaries.
It is also stated that the intent to diminish will not be lightly inferred by a federal court.
Since only Congress has the power to diminish a reservation and the allotment policy never eliminated reservations, the language of any surplus land acts must specifically state the intent to diminish a reservation or make a blatant statement from which the intent to diminished is presumed.
Other factors can also determine whether reservation lands have been reduced by an act, such as the legislative history. For example, subsequent treatment of the land by Congress can specify whether the land is still considered a part of the reservation or not.
If the treatment of an area strongly suggests that Congress or other governmental groups view the reservation land as diminished, yet there is no specific statutory language deeming it so, it can still be considered reduced.
However, when both the Act and the legislative history are unsuccessful in providing proof that supports the idea of diminishment, the court holds that the reservation is not diminished
Subsequent developments
The important
precedents
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
set in the decision, ''Solem v. Bartlett'', were heavily relied upon later on to decide two other cases involving Indian country jurisdiction. In ''Hagen v. Utah'', the court, using the factors determined in Solem, upheld that Congress had intentionally diminished tribal lands with surplus land acts in the
Uintah Reservation
The Uintah and Ouray Indian Reservation (, ) is located in northeastern Utah, United States. It is the homeland of the Ute Indian Tribe (Ute dialect: Núuchi-u), and is the largest of three Indian reservations inhabited by members of the Ute Tribe ...
.
[Canby Jr., William C. American Indian Law in a Nutshell. St. Paul: West Publishing Co., 2004.] The court determined that the specific language in Hagen, which addressed that the excess lands “be restored to the public domain” clearly indicated that the land was not to remain reservation land as in Solem, but instead reduce the boundaries of the reservation.
In another similar case, ''South Dakota v. Yankton Sioux Tribe'', the court echoed similar sentiments, stating that Congress used clear statutory language to diminish the boundaries of the
Yankton Sioux Reservation Yankton is the name of:
People
* Yankton Dakota, division of the Dakota people, sometimes referred to as Yankton
Places
* Yankton County, South Dakota
** Yankton, South Dakota
* Yankton, Oregon
Other
* Lake Yankton, a lake in Minnesota
* Yankton ...
and that the agreement to pay for these lands further supported that they had been ceded through the statute.
The tests of ''Solem'' as to whether Congress has property disestablished the reservation boundary, arose in ''
Sharp v. Murphy
''Sharp v. Murphy'', 591 U.S. ___ (2020), was a Supreme Court of the United States case of whether United States Congress, Congress disestablished the Muscogee (Creek) Nation reservation. After holding the case from the 2018 term, the case was dec ...
'', a case involving the reservations of the
Five Civilized Tribes
The term Five Civilized Tribes was applied by European Americans in the colonial and early federal period in the history of the United States to the five major Native American nations in the Southeast—the Cherokee, Chickasaw, Choctaw, Creek ...
that cover most of the eastern half of the state of Oklahoma, as to whether to determine if a person accused of murder should be under jurisdiction of the state if the reservations were disestablished or the federal system otherwise. The United States Court of Appeals for the Tenth Circuit used ''Solem'' to find that Congress did not explicitly disestablish these reservations,. The decision of the Appeals Court was upheld by the United States Supreme in light of that courts judgement in ''
McGirt v. Oklahoma
''McGirt v. Oklahoma'', 591 U.S. ___ (2020), was a landmark United States Supreme Court case which ruled that, as pertaining to the Major Crimes Act, much of the eastern portion of the state of Oklahoma remains as Native American lands of the pr ...
'' (2020). This means that Patrick Murphy could be retried in federal court.
References
External links
*
{{DEFAULTSORT:Solem V. Bartlett
United States Supreme Court cases
United States Supreme Court cases of the Burger Court
United States federal Indian policy
United States Native American case law
1984 in United States case law
Sioux