"At the behest of Indian tribes and their lobbyists, some members of Congress are seeking a "fix" to a 2009 U.S. Supreme Court decision that cast doubt on the federal government's authority to permit some bands of Indians to create new reservation land.

In Rhode Island Gov. Donald Carcieri v. Interior Secretary Kenneth Salazar, the court held that the Interior Department can take land into trust on behalf of tribes only if those tribes were under federal jurisdiction as of 1934 when Congress passed the Indian Reorganization Act.

California is home to 109 tribes, far more than any other state. Some were organized after 1934. Newly reconstituted bands are seeking formal recognition from the U.S. Interior Department. Once recognized, tribes will seek reservation land where none currently exists. In California, that means new casinos.

California voters have spoken repeatedly that tribes have a right to own casinos. California is well on its way to becoming the biggest gambling state in the union.

That makes it even more vital that Congress, working with tribes and state and local officials, hold open hearings on the issue – and not pass a rider that by its nature is hidden from public view."

Get the Story:
Editorial: Feinstein and Pelosi must nix power play (The Sacramento Bee 8/16)

Interior Appropriations Bill:
Rep. Jim Moran Statement | Summary Table | Earmark List

Land-Into-Trust Fix:
S.1703 | H.R.3697 | H.R.3742

Supreme Court Decision:
Syllabus | Opinion [Thomas] | Concurrence [Breyer] | Dissent [Stevens] | Concurrence/Dissent [Souter]

Supreme Court Documents:
Oral Argument Transcript | Briefs

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