"The 111th Congress also has more work on its plate before it breaks, including enactment of a legislative fix for the U.S. Supreme Court’s February 2009 Carcieri v. Salazar decision which has called into question the federal government’s authority to take land into trust for all American Indian tribes.

The Obama administration has expressed its full support for a legislative resolution of this problem on many occasions. At the recent conference for the National Congress of American Indians, several high-ranking officials from the administration expressed support for a clean Carcieri fix.

I am aware of proposals to link a Carcieri fix to amendments to the Indian Gaming Regulatory Act. This fall, the department received what is known as a “request for drafting service” for legislative language that would amend IGRA’s provisions governing gaming on Indian lands acquired after 1988.

The department responded to this request pursuant to its policy of providing technical assistance to members of Congress. In its response to the request, the department reiterated that the drafting language does not represent a statement of the department’s position on potential legislation. We have since made the outcome of our response available to Indian country.

I would like to take this opportunity to reiterate my support for congressional enactment of a clean Carcieri fix."

Get the Story:
Larry Echo Hawk: The urgent need for a clean and transparent Carcieri fix (Indian Country Today 12/8)

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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