indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Senate hearing to tackle land-into-trust process
Tuesday, May 10, 2005

The Senate Indian Affairs Committee will hold an oversight hearing next week on the taking of land into trust, a process that Sen. John McCain (R-Arizona) has identified as a "huge problem."

The hearing is the first in several years to directly address what has long been a controversial topic. During the mid-1990s, some members of Congress spearheaded what have been called anti-Indian proposals, such as threatening to take trust lands away from tribes if they didn't collect state taxes.

Those efforts ultimately failed but with off-reservation gaming proposals on the rise, McCain is using his position as chairman of the committee to focus new attention on the subject. At a hearing last month, he said tribes are acquiring trust lands under questionable circumstances.

"I think this is a huge problem," said McCain at the April 27 hearing.

The House Resources Committee, led by Rep. Richard Pombo (R-California), has been discussing a bill to limit off-reservation casinos. But next week's hearing promises to be more broad in nature.

McCain has already voiced opposition to a Congressional rider that allowed a California tribe to acquire trust lands for an off-reservation casino without obtaining state and federal approval. The language "was put into an appropriations bill -- a bizarre situation to say the least," he said.

The practice is relatively rare although not unheard of. Faced with delays at the Bureau of Indian Affairs, tribes often ask Congress to step in. In most instances, the land is not used for gaming -- either by the tribe's agreement or a stipulation in the law.

But some tribes have been able to get around the BIA's unwieldy process, which can take years and even decades to complete. In Oklahoma, the Chickasaw Nation has been able to avoid lengthy waits by not telling the agency that the land will be used for gaming. Once the land is in trust, the tribe opens up a casino.

This tactic was the subject of a recent investigation by Earl E. Devaney, the Interior Department's Inspector General. He told McCain last month that he has completed an audit that identifies potential failures in the way the BIA and National Indian Gaming Commission handle trust lands for gaming.

"Our recent evaluation of this process found 10 instances in which tribes have converted the use of lands taken into trust after 1988 from non-gaming purposes to gaming purposes without the approval of BIA or NIGC," Devaney said. "Surprisingly, we also learned that neither the BIA or NIGC even had a process for identifying these conversions."

However, the overwhelming majority of tribes and tribal members aren't as fortunate. In addition to the slow-moving BIA, they regularly encounter opposition from state and local governments and political pressure from members of Congress.

"My mother tried to put grazing land into trust," Kurt Luger, the executive director of the Great Plains Indian Gaming Association, recalled at a state governors' conference in March. "It took her 17 years."

Tribal leaders have complained that the land-into-trust process has been essentially put on hold since the start of the Bush administration four years ago. In one of her first actions in the spring of 2001, Interior Secretary Gale Norton delayed new regulations that would have imposed timeframes on the BIA.

Later that year, former assistant secretary Neal McCaleb outright rescinded the regulations. A year later, he pulled back another set of rules affecting state and local input into the land-into-trust process. He didn't consult with tribes prior to the decision and the administration has yet to restart government-to-government talks.

Litigation is also a big issue, with two cases currently proceeding in different parts of the nation. State officials in Rhode Island and South Dakota have launched separate challenges to the BIA's authority to acquire trust lands. Both cases are at the appeals court level.

All of this adds up to what some say is an increasingly negative atmosphere for tribal affairs. Cynthia J. Abrams, a member of the Seneca Nation of New York and a reverend of the United Methodist Church, said at a recent House hearing that the church has noticed an increase in anti-Indian sentiments and an "anti-sovereignty climate" throughout the nation.

"We have a hostile presidency and administration," Frank Ducheneaux, a member of the Cheyenne River Sioux Tribe of South Dakota who worked in the House for nearly 20 years, at an Indian law conference last month. "We have a hostile Congress."

The land-into-trust hearing takes place May 18 at 9:30am. The witness list has not been made public.

Relevant Links:
NIGC Indian Land Determinations - http://www.nigc.gov/nigc/nigcControl?option=LAND_DETERMINATIONS
Land into Trust, National Congress of American Indians - http://www.ncai.org/main/pages/issues/
governance/land_into_trust.asp

Related Stories:
Land-into-trust for gaming under more scrutiny (04/28)
Update: Senate hearing on Indian gaming (04/27)
BIA backs bill to delay off-reservation casino (04/06)
Off-reservation casinos a concern at gaming summit (03/30)
Bush stance on off-reservation gaming unknown (03/29)
Exceptions to IGRA more common than often cited (03/21)
Off-reservation casino dropped as debate continues (03/21)
Off-reservation gaming hearing set by Pombo (3/15)
McCain takes on controversial topics in 109th Congress (03/07)
Off-reservation casinos spur action in California (01/28)
California tribes face divisions on key issues (01/27)
Pombo took on controversial topics in 108th Congress (12/16)
Agencies still in conflict over off-reservation gaming (12/07)
McCaleb calls Chickasaws savvy, not deceptive (10/26)
Official tells Chickasaw land-into-trust tactics (10/25)
Cole says Chickasaw Nation made promises on land (09/16)
BIA approves compact for gaming on former reservation (03/25)
Chickasaw Nation land purchases quadruple (03/23)
Hogen says Okla. tribes skirting federal gaming law (05/19)
Indian gaming law not always followed (5/14)
Okla. tribe leaps over Indian gaming hurdles (04/23)
Chickasaw Nation 'followed the law' (6/28)
Tribe's land approvals questioned (6/11)

Copyright © 2000-2005 Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Oglala student makes name as young writer (4/23)
Mark Trahant: Budget predictions at the Indian Health Service (4/23)
Zoltán Grossman: Cowboy Indian Alliance rides in Washington (4/23)
Gyasi Ross: Stop Keystone XL Pipeline and protect homelands (4/23)
Videos: Cowboy Indian Alliance protests Keystone XL Pipeline (4/23)
Steve Russell: Indians often seen an obstacle to government (4/23)
Mary Pember: Ojibwe women rise to protect the environment (4/23)
Brent Cahwee: Shoni Schimmel brings her show to the WNBA (4/23)
Malcolm Benally: Some Navajo leaders clueless on mascots (4/23)
Jacoby Ellsbury makes strong debut with New York Yankees (4/23)
Washington team owner says he 'understands' Indian issues (4/23)
Gathering of Nations ready for annual powwow and pageant (4/23)
Paskenta Band suspends family during contentious meeting (4/23)
Navajo family sues restaurant over drunken driving deaths (4/23)
Crushplate: 10 disturbing facts about Indian Country health (4/23)
North Dakota tribe ranks high among energy producers in US (4/23)
WXPR: Forest County Potawatomi Tribe taps green energy (4/23)
Opinion: Tribal members challenge California taxation rules (4/23)
Supreme Court allows ban on affirmative action in Michigan (4/23)
Turtle Talk: No word from Supreme Court on Bay Mills case (4/23)
ICT interview with Ernie Stevens of NIGA on racist mascots (4/23)
Jamul Band rejects claim about burial ground at casino site (4/23)
Stockbridge-Munsee Band sends $1M casino application fee (4/23)
Ho-Chunk Nation seeks road grant for off-reservation casino (4/23)
Teacher resigns after arrest for theft at Poarch Creek casino (4/23)
Native Sun News: Sisseton Wahpeton fighter gets big chance (4/22)
Native Sun News: Pine Ridge man behind Revolution Couture (4/22)
CDC reports show high death rates among Native Americans (4/22)
DOI Secretary Sally Jewell delivers keynote at tribal summit (4/22)
DOI Deputy Secretary Mike Connor hosts Earth Day webchat (4/22)
Winona LaDuke: Tribes won't see benefits from Keystone XL (4/22)
Photos: Cowboy Indian Alliance rides to National Mall in DC (4/22)
Alray Nelson: Bring marriage equality to the Navajo Nation (4/22)
Steven Newcomb: UNDRIP falls into domination framework (4/22)
DaShanne Stokes: 'Indian' mascots carry harmful impacts (4/22)
Wendell George: Little Joe connects with his tribal heritage (4/22)
Peter Twitchell: Stop passing the buck on our Yup'ik culture (4/22)
Murray Sinclair: Effects of residential school era will linger (4/22)
Wyoming tribes share per cap from $157M trust settlement (4/22)
Navajo Nation Council reconsiders higher tax on junk foods (4/22)
Choctaw Nation Chief Greg Pyle set to retire after 17 years (4/22)
Opinion: Maps represent destruction of Native people in US (4/22)
Oneida Nation to host PGA championship at resort in 2016 (4/22)
Blog: Climate change impacts Tla-o-qui-aht First Nations (4/22)
Supreme Court holding onto ruling in Bay Mills casino case (4/22)
Paskenta Band says leadership issues won't affect casino (4/22)
Forest County Potawatomi Tribe on track with casino hotel (4/22)
Deadline approaches for commercial casinos in New York (4/22)
Native Sun News: Keystone XL Pipeline foes headed to DC (4/21)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.