Law | Politics | Trust

Senate Indian Affairs Committee hearing on Carcieri, Patchak





The Senate Indian Affairs Committee will hold a hearing this Thursday to discuss two U.S. Supreme Court decisions that affect the land-into-trust process.

In Carcieri v. Salazar, the court ruled that tribes must have been "under federal jurisdiction" in 1934 in order to follow the land-into-trust process. The decision, which has already spurred new litigation, requires the Bureau of Indian Affairs to take extra steps to determine a tribe's eligibility.

In Salazar v. Patchak, the court opened the door to even more litigation. Just about anyone can sue over a land-into-trust decision and can do so even after land has been placed in trust.

The hearing takes place at 2:15pm in Room 628 of the Senate Dirksen Office Building. A witness list hasn't been published.

Committee Notice:
Addressing the Costly Administrative Burdens and Negative Impacts of the Carcieri and Patchak Decisions (September 13, 2012)