Amendment to House Tribal Law and Order Act

Here: TLO House Amendment

Pages 48-51 are particularly relevant to those following the consecutive sentences cases in Arizona and New Mexico.

FBA Letter Supporting Tribal Law and Order Act

Here: FBA letter-H.R. 1924

Current Status of Carcieri Fix Bills

From THOMAS:

1. H.R.3697 : To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.
Sponsor: Rep Cole, Tom [OK-4] (introduced 10/1/2009)      Cosponsors (5)
Committees: House Natural Resources
Latest Major Action: 11/4/2009 House committee/subcommittee actions. Status: Committee Hearings Held.


2. H.R.3742 : To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.
Sponsor: Rep Kildee, Dale E. [MI-5] (introduced 10/7/2009)      Cosponsors (31)
Committees: House Natural Resources
Latest Major Action: 11/4/2009 House committee/subcommittee actions. Status: Committee Hearings Held.


3. S.1703 : A bill to amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.
Sponsor: Sen Dorgan, Byron L. [ND] (introduced 9/24/2009)      Cosponsors (8)
Committees: Senate Indian Affairs
Latest Major Action: 12/17/2009 Senate committee/subcommittee actions. Status: Committee on Indian Affairs. Ordered to be reported with amendments favorably.

Native America Calling Carcieri Radio Show Archived

Monday, March 22, 2010– The Carcieri Fix: (listen)
Last year the Supreme Court ruled in Carcieri v. Salazar that language in the 1934 Indian Reorganization Act does not allow the Interior Secretary to take land into trust for the Narragansett Tribe of Rhode Island because the tribe was not federally recognized in 1934. Tribal leaders immediately turned to their allies in Congress to pass a “Carcieri Fix” – a bill that would reverse the court’s decision. But the fix has not been passed. Does Indian Country have the clout to pull it off? Guests are Matthew Fletcher (Grand Traverse Band of Ottawa/Chippewa) of the Michigan State University College of Law and Jason Giles (Muscogee Creek) Deputy Executive Director/National Indian Gaming Association.

Carcieri Fix Talk Monday on Native America Calling

Here:

Monday, March 22, 2010 (1-2 PM, eastern) – The Carcieri Fix:
Last year the Supreme Court ruled in Carcieri v. Salazar that language in the 1934 Indian Reorganization Act does not allow the Interior Secretary to take land into trust for the Narragansett Tribe of Rhode Island because the tribe was not federally recognized in 1934. Tribal leaders immediately turned to their allies in Congress to pass a “Carcieri Fix” – a bill that would reverse the court’s decision. But the fix has not been passed. Does Indian Country have the clout to pull it off? Guests include Matthew Fletcher (Grand Traverse Band of Ottawa/Chippewa) of the Michigan State University College of Law.

House Resources Committee Hearing on Cobell Settlement — UPDATED with Written Testimony

From House Resources Committee:

Panel 1:

The Honorable Michael Finley
President
Intertribal Monitoring Association on Indian Trust Funds
Albuquerque, New Mexico

The Honorable Austin Nunez
Chairman
Indian Land Working Group
Tucson, Arizona

Professor Richard Monette
Madison, Wisconsin

Panel 2:

The Honorable David Hayes
Deputy Secretary
U.S. Department of the Interior
Washington, D.C.

accompanied by the Honorable Hilary Tompkins
Solicitor
U.S. Department of the Interior
Washington, D.C.

The Honorable Thomas J. Perrelli
Associate Attorney General
U.S. Department of Justice
Washington, DC

Panel 3:

Ms. Elouise C. Cobell
Lead Plaintiff in Cobell v. Salazar
Browning, Montana

Opening Statement:
Chairman Nick J. Rahall

The hearing will be webcast live on the Committee’s Web site at:http://resourcescommittee.house.gov.

NYTs Article on Seneca Nation’s Efforts to Oppose Federal Anti-Indian Smoke Sales Bill

Here.

An excerpt:

There is a relatively short list of people who like mail-order cigarettes: teenagers, adults evading sales taxes and the Seneca Nation of Indians of western New York, which dominates the national market.

Even the big tobacco companies oppose the practice, in part to stamp out the Senecas’ competition. And with the industry’s strange-bedfellow backing, a bill to block the shipment of cigarettes passed the House of Representatives last spring by a vote of 397 to 11. A Senate committee approved it unanimously last fall.

But then the Senecas, who control a gambling and cigarette empire that brings in more than $1 billion a year, began a campaign of back-room lobbying and public political threats. That now appears to have shut down the legislation and kept the tribe in the cigarette business, a case study in the power of a well-financed special interest to thwart what had seemed to be a national consensus.

“Isn’t that the way things go in the American system?” asked Richard Nephew, co-chairman of the Seneca Nation’s foreign relations committee. “It is something new for us to actively get involved in the American political process,” he said. “But we are trying to learn what works in America, and I guess making political contributions is something that works.”

As recently as December, a ban on mail-order cigarettes called the PACT Act — for Prevent All Cigarette Trafficking — looked all but certain to become law. After the Senate Judiciary Committee approved the House measure, Senator Harry Reid of Nevada, the majority leader, prepared the bill for passage on the floor. No senator has publicly opposed the legislation.

But at the last minute, two or three Democratic senators told party leaders privately that they might block the bill, according to senior Senate Democratic aides. They spoke on the condition of anonymity because they were not authorized to speak publicly.

House Transportation Committee Hearing Video and Testimony on Asian Carp

Asian Carp and the Great Lakes

Purpose of the Hearing

The Subcommittee on Water Resources and the Environment met on Tuesday, February 9, 2010, at 2:00 p.m., in room 2167 of the Rayburn House Office Building to receive testimony on the issue of preventing the induction of the aquatic invasive species, the Asian carp, into the Great Lakes.

Full Summary of Subject Matter

Video of the Hearing

Written Testimony:

Mr. Cameron Davis
Major General John W. Peabody
Mr. John Rogner
Ms. Rebecca Humphries
Mr. Matt Frank
Prof. David Lodge
Dr. Michael Hansen
Mr. Del Wilkins
Mr. Joel Brammeier

Dean Washburn Testimony on Tribal Law and Order Act before the U.S. Sentencing Commission — Updated

Dean Kevin Washburn has posted the abstract of his written testimony on the Tribal Law and Order Act before the United States Sentencing Commission on SSRN. He will be appearing later today. Testimony is here.

Here is the abstract:

Under longstanding policy, the U.S. Sentencing Commission takes the position that tribal court convictions ought not be counted for purposes of evaluating a convicted defendant’s criminal history. Because in some cases this policy underestimates a defendant’s criminal history, it undermines the utilitarian and retributive purposes of federal sentencing. The Tribal Law and Order Act, currently pending in Congress and supported by the President, should cause the United States Sentencing Commission to reconsider its position on tribal convictions. The Act would provide clear federal authorization for tribal court felony sentences of up to three years per offense as long as tribal governments provide counsel to indigent defendants. I stop short of recommending a particular outcome because I believe that the Commission ought to consider the views of tribal governments before deciding. However, if the Act becomes law, the Commission should take this opportunity to re-open the question and consult with tribes about the future of this provision.


Op/Ed re: Carcieri Fix

From the Traverse City Record-Eagle:

The Grand Traverse Band of Ottawa and Chippewa Indians celebrates its 30th anniversary of federal recognition this year, but nothing, apparently, is sacred in ever-changing federal American Indian policy.

A controversial Supreme Court ruling last year blocks many American Indian tribes recognized by the U.S. Interior Secretary after 1934 from making more land-to-trust applications.

The high court’s Carcieri vs. Salazar ruling on Feb. 24, 2009, and politics surrounding a proposed legislative fix, show just how frustrating, confounding and shameful federal American Indian policy has been over more than two centuries of American history — and apparently still is.

The ruling appears to have no effect on the Grand Traverse Band, which was recognized in 1980. In fact, the Interior Department approved trust status for 78 acres in Antrim County on Dec. 10.

The ruling also does not appear to affect two other area tribes — the Little Traverse Bay Bands of Odawa Indians in Emmet County and the Little River Band of Ottawa Indians in Manistee County, both recognized in 1994 by federal statute. Continue reading