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
The University of Tulsa College of Law - Master's in Indian Law
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Sen. Moran introduces yet another version of land-into-trust fix

Filed Under: Law | National | Politics | Trust
More on: 114th, bia, carcieri, cowlitz, h.r.249, h.r.3137, h.r.407, house, jerry moran, john barrasso, jon tester, land-into-trust, mbpi, poarch creek, s.1603, s.1879, s.1931, s.732, scia, senate, supreme court
     
   

Sen. Jerry Moran (R-Kansas). Photo from Facebook

Yet another version of a bill to fix the U.S. Supreme Court decision in Carcieri v. Salazar is on the table, bringing the number of proposals in the 114th Congress to six.

Sen. Jerry Moran (R-Kansas), a member of the Senate Indian Affairs Committee, introduced S.1931 on August 4. But unlike other Carcieri proposals, his bill comes with a narrow focus -- it only confirms the legality of prior land-into-trust decisions.

The measure, though, will benefit tribes whose prior acquisitions have been called into question. They include the Big Lagoon Rancheria of California, the Cowlitz Tribe of Washington and the Poarch Band of Creek Indians, all of whom are entrenched in litigation in the federal courts over land placed in trust in the 1990s.


A view of the U.S. Supreme Court. Photo by Indianz.Com

The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, also known as the Gun Lake Tribe, was fighting in court too until Congress enacted S.1603, the Gun Lake Trust Land Reaffirmation Act, last year. The bill confirms that the tribe's land cannot be challenged under the Carcieri decision.

Moran's measure would do the same for other tribes without bringing up issues that have prevented other Carcieri fixes from moving forward in the last six years. Some lawmakers, some local and state officials and even some tribes have called on Congress to address other issues like off-reservation gaming and the way the Bureau of Indian Affairs process land-into-trust applications.

S.1879, the Interior Improvement Act, includes some reforms to the process. Sen. John Barrasso (R-Wyoming) introduced the bill last month just as Senate Indian Affairs Committee, which he chairs, was due to take up another version of the Carcieri fix.


Indianz.Com SoundCloud: Senate Indian Affairs Committee Business Meeting to Consider S.383 and S.732

Sen. Jon Tester (D-Montana), the vice chair of the committee, withdrew S.732, his version of the fix, from consideration at a business meeting on July 29 in light of the new proposal. He is also a co-sponsor of Moran's bill.

Over in the House, lawmakers have introduced H.R.3137, H.R.249 and H.R.407 to fix the decision. H.R.3137 is essentially a combination of H.R.249 and H.R.407.

All three bills would ratify prior land-into-trust decisions and ensure that future applications can't be challenged under Carcieri but do not include any of the reforms in Barrasso's bill.

Committee Notice:
Business Meeting to Consider S. 383 and S. 732 (July 29, 2015)

DOI Solicitor Opinion:
M-37029: The Meaning of "Under Federal Jurisdiction" for Purposes of the Indian Reorganization Act (March 12, 2014)

Related Stories:
USET welcomes new version of fix to land-into-trust decision (08/05)
Senate Indian Affairs Committee delays vote on land-into-trust (7/30)
Sen. Barrasso introduces another version of land-into-trust fix (7/29)
Cowlitz Tribe still working on design plans for contested casino (07/29)
Senate Committee on Indian Affairs to take up land-into-trust fix (7/27)
Poarch Creeks win injunction blocking county from imposing tax (07/27)
House lawmakers introduce new version of land-into-trust fix (7/24)
9th Circuit won't reconsider victory in Big Lagoon Rancheria case (07/10)
Special Trustee Vince Logan a no-show at Senate panel's hearing (07/09)
Non-Indian man plans appeal in loss of Gun Lake Tribe casino case (07/06)
White House threatens veto of funding bill for Indian programs (06/24)
White House questions 'misplaced priorities' in appropriations bill (6/16)
Appropriations report sounds alarm about land-into-trust agenda (6/15)
Judge upholds BIA decision on Oneida Nation land-into-trust bid (03/26)
Senate Indian Affairs Committee ready for discussion on Carcieri (03/24)
Bill introduced in Senate to fix Carcieri land-into-trust decision (03/16)
Senate Indian Affairs Committee to host roundtable on Carcieri (3/13)
Updates from National Congress of American Indians winter session (02/26)
Updates from National Congress of American Indians winter session (02/25)
ICT interview with Assistant Secretary Kevin Washburn at BIA (11/17)
Tribal leaders headed to Capitol Hill to push legislative priorities (09/16)
Paul Moorehead: Let's get back to promoting self-government (07/30)
Rep. Young offers explanation for inaction on land-into-trust fix (07/15)
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:
Indigenous activists reclaim nation's capital in defiance of Trump (4/28)
Cheyenne River Sioux Tribe ends appeal in Dakota Access lawsuit (4/28)
Ute Tribe demands 'voice' as Trump orders review of Bears Ears (4/28)
Senate panel takes up bill to bring AMBER Alert funding to tribes (4/28)
Gun Lake Tribe prepares for grand opening of casino expansion (4/28)
Arne Vainio: We lost a fluent Ojibwe speaker in Larry Smallwood (4/28)
Native Sun News Today: Runners from Standing Rock head to Ohio (4/28)
James Giago Davies: People tell me it's better to read about pets (4/28)
Harold Monteau: Supreme Court stirs smelly pot of fish head stew (4/28)
Steven Newcomb: 'Picking Fights' book is a must-read for Natives (4/28)
Whiteclay liquor stores must close temporarily amid court battle (4/28)
Disputed leaders of Nooksack Tribe hit by Supreme Court decision (4/27)
Indigenous activists make presence known for climate march in DC (4/27)
Interior Department announces $5.7M in tribal preservation grants (4/27)
Mark Trahant: Senate candidate cites Standing Rock as 'awakening' (4/27)
Native Sun News Today: Battle over Whiteclay liquor just beginning (4/27)
Ivan Star Comes Out: Why are we still dealing with racism today? (4/27)
Albert Bender: Navajo family still waiting on justice for loved one (4/27)
Whiteclay liquor stores win surprise court ruling on liquor licenses (4/27)
Dakota Access firm faces fines for two spills of drilling fluid in Ohio (4/27)
Gathering of Nations gets ready for annual powwow in new venue (4/27)
Secretary Zinke lacks leadership team more than a month into job (4/27)
Republicans seek to avoid shutdown with temporary spending bill (4/27)
Supreme Court ruling seen as benefit to casino bus crash lawsuit (4/27)
Mashantucket Tribe charges off-duty officer for assault at casino (4/27)
Trump singles out Bears Ears as an 'abuse' of government's power (4/26)
Doug George-Kanentiio: Let's call Columbus by what he truly was (4/26)
Native Sun News Today: Lakota youth set up beekeeping business (4/26)
Cronkite News: Trump seeks to hire thousands of border officers (4/26)
Doug Pibel: New film teaches us about value of indigenous seeds (4/26)
Jenn Weddle: 'Best possible result' from court in sovereignty case (4/26)
Peter d'Errico: Oneida architect offers indigenous approach to law (4/26)
Whiteclay liquor stores aim to stay open pending fight for licenses (4/26)
Support for Standing Rock Sioux Tribe leads to recall in Alaska city (4/26)
Mishewal Wappo Tribe loses appeal in federal recognition lawsuit (4/26)
Police use tear gas & rubber bullets at indigenous protest in Brazil (4/26)
Mohegan Tribe wants gaming disputes resolved in judicial system (4/26)
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.