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
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...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Film company aims to bring Native stories to life (9/2)
Mark Trahant: Alaska Native candidate joins rival in governor's race (9/2)
Walt Lamar: Tribes face problems dealing with legalized marijuana (9/2)
Jennie Stockle: Fans mock Cherokee people with Trail of Tears sign (9/2)
DaShanne Stokes: State-recognized tribes need eagle feathers too (9/2)
Indian studies professor denied position over remarks about Israel (9/2)
Alaska Natives excluded from secret military intelligence program (9/2)
Judge schedules hearing in Gun Lake Tribe's gaming land litigation (9/2)
Viejas Band looking to expand casino after reaching new compact (9/2)
California tribes are drawing large numbers of Filipinos to casinos (9/2)
Mohegan Tribe wants 'right-sized' commercial casino in New York (9/2)
Tim Giago: Oglala Sioux people aren't afraid to say no to easy cash (9/1)
Native Sun News: Release of secret uranium mining data ordered (9/1)
Mark Trahant: It's past time for tribal leaders to govern the nation (9/1)
Jennie Stockle: A safe space for opponents of offensive mascotry (9/1)
John Christian Hopkins: A big thank you to the friend I never met (9/1)
National Museum of the American Indian celebrates 10th birthday (9/1)
Mother arrested in connection with child's death on Navajo Nation (9/1)
Opinion: Energy development can help secure tribal independence (9/1)
Cherokee Nation announces $170M casino and retail development (9/1)
Tunica-Biloxi Tribe won't be sharing gaming revenues this quarter (9/1)
Seminole Tribe on track to see gaming revenues increase to $2.1B (9/1)
Eastern Shawnee Tribe to reopen gaming facility in February 2015 (9/1)
Editorial: Tohono O'odham Nation didn't play by 'rules' with casino (9/1)
Opinion: Gaming good for Eastern Cherokees but not for fellow tribe (9/1)
Opinion: Federal recognition only means more casinos in California (9/1)
Native Sun News: Tribes walk out of contract support cost meeting (8/29)
Clara Caufield: Northern Cheyenne Tribe spends $2.4M on property (8/29)
Mike Johanns: Retracing steps of great Ponca Chief Standing Bear (8/29)
Steven Newcomb: Racist mascot a sign of deeper problems in US (8/29)
Lauren Jones: Affordable Care Act benefits Native Americans too (8/29)
Gila River Indian Community to see $77.6M from Cobell buy-back (8/29)
Energy boom linked to rise in human trafficking in Indian Country (8/29)
Navajo man heads up Native American Homelessness Task Force (8/29)
9th Circuit hears case over Yakama Nation tobacco manufacturer (8/29)
WAER: ICWA matters handled in 'kangaroo courts' in South Dakota (8/29)
MPR: Red Lake Nation opposes liquor license near dry reservation (8/29)
Tule River Tribe helps remove marijuana operation on reservation (8/29)
Omaha Tribe signs agreement with EPA to improve utility services (8/29)
Las Vegas Paiute Tribe rejected 'gift' from NFL team's foundation (8/29)
KPLU: Spokane Tribe maintains close ties with baseball franchise (8/29)
Opinion: HUD loan program a small step to boost Indian housing (8/29)
DNA study finds distinct population of Native people in Arctic area (8/29)
Tribes closely watching Big Lagoon Rancheria casino land dispute (8/29)
Tohono O'odham Nation to build off-reservation casino in phases (8/29)
State questions Forest County Powatatomi Tribe's slot machines (8/29)
Quapaw Tribe eyes local support for commercial casino in Kansas (8/29)
Native Sun News: Police officers who shot Indian teen get medals (8/28)
Cara Cowan Watts: Laying the groundwork for college scholarship (8/28)
Rudolph Ryser: Indigenous nations need leverage to bring change (8/28)
DOI extends $100M in Cobell buy-back offers on two reservations (8/28)
Cobell buy-backs could return over 38K acres to tribe in Montana (8/28)
Five-year-old Navajo boy sent home from school for his long hair (8/28)
Three charged with murder for death of Mississippi Choctaw man (8/28)
Lummi Nation seeks cooperation after ruling in treaty rights case (8/28)
Artist Gregg Deal takes on Indian mascots for performance piece (8/28)
Sports announcer won't use Washington NFL team's name on air (8/28)
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.