Obama administration supports land-into-trust fix

Law | Politics | Trust

Wednesday, November 4, 2009

Note: The committee went into recess at about 11:17am for votes on the House floor. The hearing should resume in about an hour.

The Obama administration supports a fix to the U.S. Supreme Court decision in Carcieri v. Salazar, top officials said on Tuesday.

Interior Secretary Ken Salazar said the administration is working with Congress on the issue. Three bills have been introduced in the House and the Senate to ensure all tribes can follow the land-into-trust process.

"There is a problem here that has to be fixed," Salazar said on a conference call. The House Natural Resources Committee holds a hearing today to discuss a fix. "All tribes" should be able to benefit from the land-into-trust process regardless of the date of federal recognition, said Kim Teehee, the White House Senior Policy Advisor for Native American Affairs, said the administration.

"This administration will testify there and we are already on record as having pledged our support for that kind of legislative fix," said Teehee, a member of the Cherokee Nation of Oklahoma.

In its February 24 decision, the Supreme Court restricted the land-into-trust to tribes that were "under federal jurisdiction" as of 1934, when the Indian Reorganization Act was passed. The legislative fix will clarify that all tribes can participate.

Today's hearing starts at 10am and will be broadcast on the committee web site.

Committee Notice:
Full Committee Legislative Hearing On H.R. 3742 And H.R. 3697 (November 4, 2009)

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