your internet resource on facebook on twitter on Google+ on soundcloud
phone: 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:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: South Dakota community honors Code Talkers (10/9)
Lakota Country Times: Native Americans arrested at high rates (10/9)
Ivan Star Comes Out: Lakota immersion remains our only hope (10/9)
White House blasts Native American Energy Act ahead of vote (10/8)
House Natural Resources Committee approves two Indian bills (10/8)
First Nations Development Institute awards $250K for ranching (10/8)
Four Native chefs participate in unique food event in New Mexico (10/8)
Native Sun News: Lone Indian voice opposes mountain lion hunt (10/8)
Lakota Country Times: Wind power comes to Rosebud community (10/8)
Delphine Red Shirt: Scandal shuts down program for Indian youth (10/8)
Vince Two Eagles: Native medicine goes back thousands of years (10/8)
Jay Daniels: Indian lands still face threat from state governments (10/8)
Steven Newcomb: Religious doctrine guides Indian law and policy (10/8)
Brian Pierson: Recent federal court decisions affecting Indian law (10/8)
Choctaw Nation and Chickasaw Nation celebrate trust settlement (10/8)
Actor joked about taking tribal artifacts from ranch in New Mexico (10/8)
Tuolumne Band of Me-Wuk Indians gives $100K for cancer center (10/8)
Radio station brings news and more to Yankton Sioux Reservation (10/8)
Indian gaming industry grew 116 percent between 2001 and 2013 (10/8)
Arizona tribes on road to recovery with $1.81B in casino revenues (10/8)
Pojoaque Pueblo secures injunction in New Mexico casino dispute (10/8)
Little River Band sees off-reservation casino as boost for revenue (10/8)
Pioneering tribes share experiences with prosecuting non-Indians (10/7)
Senate Committee on Indian Affairs approves two bills at meeting (10/7)
Congress approves land-into-trust bill for Pueblos in New Mexico (10/7)
House Natural Resources Committee holds markup on Indian bills (10/7)
Native Sun News: Rival teams meet on football field at Pine Ridge (10/7)
Lakota Country Times: Tribes receive $940M in Ramah settlement (10/7)
James Giago Davies: Embrace distance running in Indian Country (10/7)
Brandon Ecoffey: Powerful forces aim to keep out the Native vote (10/7)
Thomas Perez: Youth on Wind River Reservation share high hopes (10/7)
Stephen Corry: Native people displaced for sake of 'conservation' (10/7)
States oppose tribal jurisdiction in upcoming Supreme Court case (10/7)
Cheyenne River Sioux Tribe challenges Indian education reforms (10/7)
Two indicted for death of Seminole Nation man who went missing (10/7)
Saginaw Chippewa Tribe donates bottled water for city residents (10/7)
Mohegan Tribe swears in four council members following election (10/7)
Tribes in Amazon rainforest defend homeland from illegal loggers (10/7)
Chukchansi Tribe accused of illegal vote and casino preparations (10/7)
Mashpee Wampanoag Tribe suspends gaming official after arrest (10/7)
Tribes to share in Keno revenues under new deal with Connecticut (10/7)
Seminole Tribe remains in talks for new Class III gaming compact (10/7)
Controversy stirs as House takes up Native American Energy Act (10/6)
Native Sun News: Crow Tribe leader advises Rep. Zinke on energy (10/6)
Lakota Country Times: Program for Native students closes down (10/6)
Mark Trahant: Far too many missing and murdered Native women (10/6)
Alfred Walking Bull: Let's open up about suicide in Indian Country (10/6)
Raina Thiele: Alaska Natives share culture with President Obama (10/6)
Mary Pember: Fashion show tackles trafficking in Indian Country (10/6)
Torivio Fodder: Pope Francis ignores sins of Indian mission era (10/6)
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.