indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Kill The Tobacco Master Settlement Agreement
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:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
BIA adopts new policy regarding federal recognition process (6/30)
Supreme Court agrees to resolve another Indian law dispute (6/30)
Patrick Murphy: Star Trek's William Shatner visits Navajoland (6/30)
Yvette Roubideaux: Making progress at Indian Health Service (6/30)
Native Sun News: Wambli Ska group shares culture with youth (6/30)
Lakota Country Times: Oglala Sioux leader pushes zeolite mine (6/30)
Native Sun News: BLM to update plan for land near Bear Butte (6/30)
Alex Jacobs: Fake Indians damage the real Indian community (6/30)
Sarah Sunshine Manning: Even toys carry harmful messages (6/30)
Ponca Tribe sends twelve youth to White House conference (6/30)
Lobbyists met at White House to discuss federal recognition (6/30)
Alaska Native man finally out on parole in 1997 homicide case (6/30)
Gyasi Ross gets nod for 'Marlon Brando' single off new release (6/30)
Washington governor supports repatriation of Kennewick Man (6/30)
Morongo Band interested in acquiring Colt gun manufacturer (6/30)
Gila River Indian Community files suit to protect sacred place (6/30)
Lac Du Flambeau Band man sentenced for abusing young girls (6/30)
Sault Tribe protected by sovereign immunity in casino dispute (6/30)
Pojoaque Pueblo at critical juncture with Class III gaming deal (6/30)
BIA releases scoping report for Coquille Tribe's Class II facility (6/30)
Local leaders talk Tohono O'odham Nation casino controversy (6/30)
Editorial: Extend Class III casino compact with Seminole Tribe (6/30)
Rep. McCollum vows support for Tribal Labor Sovereignty Act (6/29)
BIA issues long-awaited update to federal recognition process (6/29)
Native Sun News: Tribal youth share traditions and technology (6/29)
Lakota Country Times: Treaty council slams mine at Pine Ridge (6/29)
Mark Trahant: Action plan needed for health in Indian Country (6/29)
Mary Annette Pember: Sharing stories from boarding schools (6/29)
Terese Marie Mailhot: Let Native people speak our own voices (6/29)
Dina Gilio-Whitaker: Race frauds are not new in Indian Country (6/29)
Bryan Terry: Honor Sequoyah with statue at Tennessee capitol (6/29)
Steven Newcomb: Indian law and policy based on domination (6/29)
National Congress of American Indians gathers in Minnesota (6/29)
Indian farmers rally over $380M in unspent Keepseagle funds (6/29)
Bill John Baker wins re-election as leader of Cherokee Nation (6/29)
Self-described Cherokee artist charged for misrepresentation (6/29)
Jemez Pueblo gets another shot in aboriginal territory dispute (6/29)
Alaska's largest tribe boycotts FedEx over ties to racist mascot (6/29)
Woman sentenced to prison for biting BIA officer in North Dakota (6/29)
Crow Creek Sioux man sentenced for assaults in domestic cases (6/29)
Spokane Tribe partners with Hard Rock for off-reservation casino (6/29)
Pechanga Band comes in first in USA Today's best casino survey (6/29)
Eastern Shoshone Tribe secures grant to update casino security (6/29)
Connecticut tribes welcome delay in commercial casino project (6/29)
Supreme Court considers petition in contract support cost case (6/26)
Congress clears bill to help Miami Nation with outdated charter (6/26)
Senate passes measure to transfer land to Native health group (6/26)
Senate appropriations bill shields tribes from BLM fracking rule (6/26)
Native Sun News: Project brings economic hope to Pine Ridge (6/26)
Lakota Country Times: Few answers about mine on Pine Ridge (6/26)
Michael Connor: Making informed decisions for land buy-back (6/26)
Land buy-back hits milestone with over $500M in purchases (6/26)
Sherman Alexie to release 'Thunder Boy' picture book in 2016 (6/26)
University to cover murals that depict lynching of Indian man (6/26)
North Dakota tribal group asserts authority over development (6/26)
Editorial: County stonewalling Chumash Tribe on development (6/26)
Little Traverse Bay Bands to spend $2.5M on new gaming site (6/26)
Seneca Nation honors boxing great Sully Huff at casino match (6/26)
Column: Chemehuevi Tribe won't seek off-reservation casino (6/26)
Lawmakers promise to help tribes bring a halt to youth suicide (6/25)
Native Sun News: County resists name change for sacred peak (6/25)
Lakota Country Times: Rosebud Sioux Tribe hosts youth camp (6/25)
Delphine Red Shirt: Generous stranger returns land to Lakota (6/25)
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.