Until December 17 (here).
Carcieri Fix/Akaka Bill Hearings Postponed
Until December 17 (here).
Carcieri Fix
SCIA to Consider the Carcieri Fix and Akaka Bills Tomorrow
Here is the agenda for tomorrow’s meeting, from SCIA.
Bill Rice on the Carcieri Fix in ICT
from ICT:
Recent newspaper reports suggest that there is concern in Rhode Island, and perhaps elsewhere, that aCarcieri fix to the Indian Reorganization Act of 1934 will allow tribes to acquire trust land wherever they choose, resulting in tribes building Indian casinos willy-nilly outside their reservations and without appropriate input from the state. These reports appear designed to create unjustified fears of an Indian gaming boogey man hiding in a closet of the Carcieri fix.
In February, the Supreme Court interpreted the IRA as granting the secretary of the Interior authority to acquire land only for tribes under federal supervision when the IRA was enacted in 1934 – thereby creating “second class” tribes of those brought under federal authority after 1934.
As a result of this litigation, a development meant to provide homes for tribal members has sat uncompleted and deteriorating for many years. The Carcieri fix would simply put all federally recognized tribes on equal footing, creating an even playing field in matters of land acquisition. This would, in turn, allow the secretary of the Interior to acquire land from willing sellers to meet the needs of Indian tribes and their people. All peoples are entitled to peacefully acquire lands for homes, sustenance, and to pursue their social, cultural and economic development. Indian peoples are not excepted from this rule.
Rep. Kennedy Predicts Carcieri Fix Could Pass Congress This Year
From How Appealing:
“Kennedy predicts ‘Carcieri fix’ bill might pass”: Today’s edition of The Providence (R.I.) Journal contains an article that begins, “Rep. Patrick J. Kennedy said Thursday that a bill to reverse a U.S. Supreme Court decision blocking special land status for the Narragansett Indian tribe could become law during this Congress.”
From ProJo:
WASHINGTON — Rep. Patrick J. Kennedy said Thursday that a bill to reverse a U.S. Supreme Court decision blocking special land status for the Narragansett Indian tribe could become law during this Congress.
Democrat Kennedy also declared his support for such legislation — the only member of Rhode Island’s congressional delegation to do so.
Enactment of the legislation — which may have implications for tribes across the country — is “likely to happen” if supporters of the measure are able to attach it to a major piece of legislation that is certain to pass both houses of Congress, Kennedy said.
House Hearing on Carcieri Fix Witness List
From the House Resources Committee:
The House Natural Resources Committee, led by Chairman Nick J. Rahall (D-WV), will hold a legislative hearing on the following bills:
- H.R. 3742 (Kildee): 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.
- H.R. 3697 (Cole): 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.
Subject:
House Natural Resources Committee
Full Committee Legislative Hearing on H.R. 3742 and H.R. 3697
When:
Wednesday, November 4, 2009, at 10:00 a.m.
Where:
Room 1324 Longworth House Office Building
Witnesses:
Panel 1
The Honorable Michael Arcuri
U.S. House of Representatives, 24th District (D – NY)
Panel 2
Mr. Donald Laverdure
Deputy Assistant Secretary of Indian Affairs
U.S. Department of the Interior
Washington, D.C.
Continue reading
Senator Dorgan Introduces Carcieri Fix
Carcieri Floor Statement – final
From Sen. Dorgan’s statement:
Mr. President, I rise today to introduce a technical amendment to the Act of June 18, 1934.
On February 24, 2009, the Supreme Court issued its decision in the Carcieri v. Salazar case. In that decision the Supreme Court held that the Secretary of the Interior exceeded his authority in taking land into trust for a tribe that was not under federal jurisdiction, or recognized, at the time the Indian Reorganization Act was enacted in 1934.
The legislation I’m introducing today is necessary to reaffirm the Secretary’s authority to take lands into trust for Indian tribes, regardless of when they were recognized by the federal government. The amendment ratifies the prior trust acquisitions of the Secretary, who for the past 75 years has been exercising his authority to take lands into trust, as intended by the Indian Reorganization Act.
On May 21, 2009, the Senate Committee on Indian Affairs held a hearing to examine the executive branch’s authority to take land into trust for Indian tribes. At that hearing, it became clear that Congress needs to act to resolve the uncertainty created by the Supreme Court’s decision. Therefore, this legislation was developed in consultation with interested parties to clarify the Secretary’s authority.
NCAI Written Testimony for the SCIA Hearing on Carcieri v. Salazar
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.
Interesting Tidbit on AGs Letter re: Carcieri Fix
According to an enterprising law student (not one of ours :)), “the signature on the letter representing the state AGs opposing a Carcieri fix has WAYNE ANTHONY ROSS as Alaska’s signatory. He was summarily rejected by the Alaska Legislature on April 16, 2009, and definitely was not the AG on April 24 (date of the letter).”
Assuming this is true, two questions. First, was Alaska officially represented on the AG letter?; second, what dog does Alaska have in this fight anyway, since DOI doesn’t take land into trust for Alaskan tribes (except one)?
ICT on State Opposition to Carcieri Fix
From ICT:
Money and power drive states’ interest in Carcieri ‘fix’
Seventeen attorneys general, seeking property taxes and more state power over sovereign Indian lands, have written to the ranking members of the Senate Committee on Indian Affairs and the House Resources Committee urging them to move slowly – if at all – on any Carcieri “fix” and to include them in discussions on the Interior secretary’s authority to take land into trust for the nations.
“A March 13 story in Indian Country Today said Indian country officials are calling for a quick legislative fix so that state and local interests will not have time to make arguments to Congress that the Carcieri decision should stand. The undersigned believe it would not be in the best interests of all stakeholders, both Indian and non-Indian, to rush a legislative fix and to ignore legitimate state and local interests,” the attorneys general wrote.
The Carcieri fix would have Congress amending the 1934 Indian Reorganization Act by deleting the phrase “any tribe now under federal jurisdiction” or adding the words “or hereafter” after the word “now.”
The fix would correct a February ruling by the U.S. Supreme Court, which interpreted “now” to mean then – 1934. The case centered on a 31 acre parcel of land purchased by the Narragansett Indian Tribe for elderly housing. The Interior Department agreed to place the land in trust, but the state and town fought that action all the way to the high court, where the justices ruled 6-3 that the Interior secretary could not take the land into trust because the tribe was not “federally recognized” in 1934.
Continue reading
Seventeen State AGs Urge Congress Not to Quick-Fix Carcieri
Here is the letter to the ranking members of the SCIA and the House Resources Committee from the attorneys general of 17 states — carcieri-state-ags-ltr-to-hill-april-24-2009
The letter asserts that Carcieri is a symptom of a greater frustration felt by state governments relating to the current fee to trust process and asking Congress to consider state interests. Importantly, the letter offers nothing suggesting what those interests might be or what these AGs want in a potential Carcieri fix.
There are at least two reasons for this, I suspect. First, 17 AGs probably can’t agree on what those state interests are. And second, maybe these state AGs are leaving unsaid the obvious — they want more control over Indian lands, perhaps even veto power over fee to trust transfers and over activities on trust land.
And that’s what the Supreme Court handed state governments with their very wrongheaded decision in Carcieri. A Carcieri cure might be worse than the disease.
Turtle Talk 
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