NCAI Testimony to SCIA on Carcieri – final
Here is NCAI’s proposed legislative “fix”:
25 U.S.C. §479:
The Act entitled “An Act to conserve and develop Indian lands and resources; to extend to Indians the right to form business and other organizations; to establish a credit system for Indians; to grant certain rights of home rule to Indians; to provide for vocational education for Indians; and for other purposes”, approved June 18, 1934, is amended by:
Section 1: In Section 19 [25 U.S.C. § 479] deleting in the first sentence the words “now under Federal jurisdiction.”
Section 2: Actions of the Secretary taken prior to the date of enactment of this amendment pursuant to or under color of this Act [25 U.S.C. §461 et. seq.] for any Indian tribe that was federally recognized on the date of the Secretary’s action are hereby, to the extent such actions may be subject to challenge based on whether the Indian tribe was federally recognized or under federal jurisdiction on June 18, 1934, ratified and confirmed as fully to all intents and purposes as if the same had, by prior act of Congress, been specifically authorized and directed.
Turtle Talk 