Fredericks Peebles & Morgan LLP
ads@blueearthmarketing.com   712.224.5420

Law | Trust
Schwarzenegger opposes Lytton land-into-trust


California Gov. Arnold Schwarzenegger (R) says the U.S. Supreme Court decision in Carcieri v. Salazar bars the Lytton Band of Pomo Indians from following the land-into-trust process.

The tribe was terminated by an act of Congress in 1958. Congress restored the tribe to federal status in 1991 but Schwarzenneger says that's too late.

“From the facts available to the Governor’s Office, it appears that Lytton was not federally recognized until 1991 and not under federal jurisdiction in 1934. If these facts are accurate, then it appears that the Secretary of the Interior lacks the authority to take land in trust for Lytton,” Andrea Lynn Hoch, the governor’s legal affairs secretary, wrote in a letter to the Interior Department, The Santa Rosa Press-Democrat reported.

The tribe wants 92 acres placed in trust for a housing project and a community center. The Bureau of Indian Affairs is reviewing the application.

“We don’t have an opinion at this time,” Amy Dutschke, a deputy regional director for the BIA pacific region, told the Press-Democrat. “We haven’t taken a position, nor have we responded to the governor’s office.”

Get the Story:
Gov. questions Lytton tribal plan to build in Windsor (The Santa Rosa Press-Democrat 10/26)

Land-Into-Trust Fix:
S.1703 | H.R.3697 | H.R.3742

Supreme Court Decision:
Syllabus | Opinion [Thomas] | Concurrence [Breyer] | Dissent [Stevens] | Concurrence/Dissent [Souter]

Supreme Court Documents:
Oral Argument Transcript | Briefs

Related Stories:
Byron Dorgan: Urgent fix to land-into-trust ruling (10/22)
Towns in Connecticut fight land-into-trust fix (10/14)
Anti-gaming group fights land-into-trust fix (10/6)
Cole introduces fix to land-into-trust decision (10/2)
Land-into-trust bill lacks Republican sponsors (9/29)
Mashpee Wampanoag Tribe welcomes land fix (9/25)
Dorgan introduces fix to land-into-trust ruling (9/24)