Partial land-into-trust fix being watched by non-Indian interests
Monday, June 27, 2016
More on: appropriations, bia, carcieri, connecticut, land-into-trust, mashantucket, supreme court
A veterans powwow at the Mashantucket Pequot Museum Research Center in Mashantucket, Connecticut. Photo from Facebook
Officials in Connecticut are closely monitoring efforts to fix to the U.S. Supreme
Court decision in Carcieri v. Salazar.
According to The New London Day, the towns of Ledyard, North Stonington and Preston are worried that a partial fix under consideration on Capitol Hill could ratify a controversial land-into-trust application that the Mashantucket Pequot Tribal Nation withdrew more than a decade ago after winning a major court case that came before Carcieri.
Attorney Donald C. Baur told the paper that the towns want to "make sure that the way that provision is worded does not change the status quo in Connecticut."
In the February 2009 decision, the Supreme Court held that the Bureau of Indian Affairs can only
acquire land in trust for tribes that were "under federal jurisdiction" as of
1934. The Pequots gained federal recognition through an act of Congress in 1983.
Officials in Connecticut tried to argue that the Pequots could not follow the land-into-trust process but the tribe withdrew the 165-acre application in February 2002 before the litigation apparently reached that stage. Carcieri came along seven years later.
Tribes have been asking Congress to fix the decision by ensuring that all tribes, regardless of the date of federal recognition, can benefit from the land-into-trust process. Those efforts have not been successful so a partial fix would only address acquisitions made up to February 24, 2009, the date of the Carcieri ruling.
The partial fix has been included in the fiscal
year 2017 Interior appropriations bill that's under consideration in the House.
According to The New London Day, Sen. Dianne Feinstein
(D-California) is working on a similar version in the Senate.
Get the Story:
North Stonington among towns monitoring tribal land trust legislation
(The New London Day 6/25)
U.S. Supreme Court Decision in Carcieri v. Salazar:
[Thomas] | Concurrence
[Breyer] | Dissent
[Stevens] | Concurrence/Dissent
U.S> Supreme Court Documents:
Argument Transcript | Briefs
Department of the Interior Solicitor Opinion:
Meaning of "Under Federal Jurisdiction" for Purposes of the Indian
Reorganization Act (March 12, 2014)
land-into-trust fix reportedly being drafted in the Senate (6/24)
Band seeks a partial Carcieri fix for existing trust lands (6/20)
'partial' land-into-trust fix added to Interior appropriations bill (6/16)
Court nominee comes with some Indian law experience (03/16)
from Day 2 of National Congress of American Indians winter session in D.C.
from National Congress of American Indians winter session in D.C. (02/23)
President Brian Cladoosby urges support for land-into-trust bill (01/14)
Nation Council opposes land-into-trust reform measure (12/11)
committee approves bill to reform land-into-trust process (12/02)
committee to take up land-into-trust reform legislation (12/01)
Mullin confirms divisions in Indian Country on Carcieri fix (11/24)
Sullivan: New Carcieri bill invites even more litigation (11/17)
Jon Tester: Congress must do right for Indian Country (11/13)
yet to take action on Carcieri land-into-trust decision (10/28)
rejects challenge to Grand Traverse Band land-into-trust bid (10/01)
treads new Carcieri ground in ruling for Massachusetts tribe (09/23)
Wampanoag Tribe celebrates land-into-trust decision (09/18)
Moran introduces yet another version of land-into-trust fix (08/10)
welcomes new version of fix to land-into-trust decision (08/05)
Indian Affairs Committee delays action on land-into-trust (07/30)
Barrasso introduces another version of land-into-trust fix (07/29)
Indian Affairs Committee to take up land-into-trust fix (07/27)
lawmakers introduce new version of land-into-trust fix (07/24)
House threatens veto of funding bill for Indian programs (06/24)
responds to criticism from Rep. Young on land-into-trust (05/27)
Copyright © Indianz.Com