The 2009 U.S. Supreme Court ruling limiting the Department of Interior’s ability to place land in trust for American Indians not “under federal jurisdiction” with passage of the Indian Reorganization Act of 1934 has created two classes of tribal governments, legal experts say.

It’s a tale, they say, of the haves and the have-nots.

Because of the ruling in Carcieri v Salazar, Interior must conduct fairly extensive historical and legal analysis every time a tribe seeks to place land in trust for whatever purpose; economic development, housing, schools, community infrastructure or a casino.

The scrutiny includes a review or legal analysis from Interior’s Office of the Solicitor, either at the regional level or the main office on Capitol Hill.

Interior’s Bureau of Indian Affairs have thus far been able to substantiate most tribes and Alaska Native villages were, indeed, under federal jurisdiction in 1934. They had signed treaties or sent children to boarding schools or otherwise interacted with federal agencies.

Only a few haven’t passed the test.

“I will tell you it hasn’t been very many,” Assistant Secretary of Indian Affairs Kevin Washburn said of the number of tribes that fail Carcieri scrutiny.