indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Rep. Young offers explanation for inaction on land-into-trust fix

Filed Under: Law | Politics | Trust
More on: bia, big lagoon, carcieri, democrats, doc hastings, don young, h.r.279, h.r.666, ira, land-into-trust, mbpi, michigan, patchak, raul ruiz, republicans, supreme court
   


Rep. Don Young (R-Alaska), the chairman of the House Subcommittee on Indian and Alaska Native Affairs, speaks to the National Congress of American Indians earlier this year. Photo from Rep. Don Young

Rep. Don Young (R-Alaska) today reaffirmed his support for a bill to fix the U.S. Supreme Court decision in Carcieri v. Salazar but he indicated that the matter is out of his hands for now.

Young serves as chairman of the House Subcommittee on Indian and Alaska Native Affairs. The panel has jurisdiction over Indian issues and has two Carcieri fixes -- H.R.666 and H.R.279 -- before it.

During the 112th Congress, Young held hearings on the bills to fix the decision. But he said his Republican superior on the House Natural Resources Committee is calling the shots in the 113th Congress.

"I support the fix for Carcieri but I am not chairman of the full committee," Young said today. "If you ever get a chance to be in the majority again you will find out what I'm talking about."

Young's comments came after Rep. Raul Ruiz (D-California) questioned why the subcommittee hasn't held a hearing on H.R.666 and H.R.279. He noted that the measures have bipartisan support.

"Any member of Congress that is in favor of economic certainty and job creation must be in favor of solving the problems the Carcieri decision created," Ruiz said.

Rep. Doc Hastings (R-Washington) serves as chairman of the House Natural Resources Committee but is retiring at the end of the 113th Congress. When he was in the minority during the 111th Congress, he raised concerns about prior versions of the Carcieri fix.

In February 2009, the Supreme Court held that the Indian Reorganization Act only allows the Bureau of Indian Affairs to approve land-into-trust applications for tribes that were "under federal jurisdiction" in 1934, the year the law was passed. The meaning of that phrase, however, was not defined so the decision has created uncertainty and has spawned more than a dozen new lawsuits.

Fixing the decision is relatively simple but efforts to address the ruling have been clouded by gaming and other controversies. In the meantime, the Supreme Court further muddied the ground with its June 2012 decision in Salazar v. Patchak.

The court opened the door for just about anyone -- state and local governments or private citizens -- to sue over a land-into-trust decision. They can even do so long after land has been placed in trust -- in the Big Lagoon Rancheria case, the state of California challenged a trust acquisition from 1994.

S.1603, the Gun Lake Trust Land Reaffirmation Act, addresses the situation for the Match-E-Be-Nash-She-Wish Band of Pottawatami Indians of Michigan, the tribe that was at the center of the Patchak case. The bill reaffirms the status of the tribe's existing trust lands to prevent further litigation.

The Senate passed the bill by unanimous consent on June 19. But unlike the Carcieri fix, Young indicated there is no holdup on this measure.

"As far as the Gun Lake Tribe, we're going to move that pretty quick and solve that problem," Young said today.

The discussion about the Carcieri fix can be found on the Indianz.Com Sound Cloud. Ruiz speaks at approximately 6.27 and Young responds at approximately 7.42.

Committee Notice:
Legislative Hearing on H.R. 3229, H.R. 4546, H.R. 4867, and S. 1603 (July 15, 2014)

Related Stories:
Senate Indian Affairs Committee approves five bills at meeting (06/11)
Dave Palermo: Lobbyists battle on fix to land-into-trust ruling (4/30)
Law Article: DOI takes diligent approach with land-into-trust (03/19)
DOI addresses Carcieri land-into-trust decision in legal opinion (03/13)


Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Activists take annual swim to Alcatraz Island (10/21)
Mark Trahant: Alaska Natives ready for conference and election (10/21)
BIA announces consultations for secretarial election regulation (10/21)
Chelsey Luger & Gyasi Ross: From slow suicide to slow healing (10/21)
Bill John Baker: Addressing breast cancer in our communities (10/21)
ICT interview with Assistant Secretary Kevin Washburn of BIA (10/21)
Navajo Nation court still mulling decision in presidential case (10/21)
Column: Billy Mills still inspires 50 years after Olympic victory (10/21)
Editorial: Winnebago Tribe's business makes a big contribution (10/21)
Lincoln Indian Center adopts permanent alcohol ban after party (10/21)
Suquamish Tribe shares fish from hatchery at annual giveaway (10/21)
Editorial: Bad move by Northern Arapaho Tribe on joint council (10/21)
Wisconsin court to hear appeal over Oneida Nation waste plant (10/21)
Coeur d'Alene Tribe reaches out to family that lost home to fire (10/21)
Closure of Chukchansi Tribe's casino affects reservation water (10/21)
Eastern Shawnee Tribe considers casino on ancestral Ohio site (10/21)
Town meeting for Lac Vieux Desert Band off-reservation casino (10/21)
North Fork Rancheria won't give up off-reservation casino plan (10/21)
Tohono O'odham Nation was looking for off-reservation casino (10/21)
Poarch Creeks won't confirm or deny talks for gaming compact (10/21)
Tim Giago: Deaths of Native men in Rapid City remain unsolved (10/20)
Charles 'Chuck' Trimble: Let Crazy Horse's spirit rest in peace (10/20)
Mark Trahant: Races come down to turnout in three key states (10/20)
Native Sun News: Billy Mills wows youth at Black Hills Powwow (10/20)
Cedric Sunray: Tribes abandon traditional aspects of inclusion (10/20)
Dustina Gill: Vote for Rick Weiland to protect our sacred waters (10/20)
Ousted Project Runway contestant reaffirms Puyallup heritage (10/20)
White House Tribal Nations Conference takes place December 3 (10/20)
Bryan Brewer: Park helps Oglala Sioux Tribe protect its culture (10/20)
Robert Porter: Don't let tribal issues fall prey to partisan politics (10/20)
Gabe Galanda: Abramoff's playbook still used in Indian Country (10/20)
Jay Daniels: Let BIA make changes to rights-of-way regulation (10/20)
Mike McBride: Sovereign goodwill at a low in tribal tax dispute (10/20)
Top Navajo Nation court holds hearing in presidential dispute (10/20)
Eastern Shawnee Tribe to open resort at ancestral site in Ohio (10/20)
Kickapoo Tribe in Kansas selects Lester Randall as new leader (10/20)
Editorial: Address safety concerns about tribal hunts at night (10/20)
Chukchansi Tribe sends layoff notices to most casino workers (10/20)
Rivals raise nearly $16M to block North Fork Rancheria casino (10/20)
Judge won't let BIA proceed with compact for Pojoaque Pueblo (10/20)
Candidates discuss Menominee Nation's off-reservation casino (10/20)
Opinion: Suckers help Chumash Tribe finance casino expansion (10/20)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | 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.