Legislation to fix land-into-trust decision remains in limbo
A bill to fix the U.S. Supreme Court decision in Carcieri v. Salazar remains in limbo with six months left in the 111th Congress.

The Senate Indian Affairs Committee approved S.1703 last December. The Senate has yet to schedule a floor vote.

The House Natural Resources Committee held a hearing on H.R.3697 and H.R.3742, two similar bills, last November. Nothing has happened since then.

“The status of the bill remains unchanged. Committee members are working to find a date for committee markup, but nothing has been scheduled yet," a spokesperson for Rep. Tom Cole (R-Oklahoma), a member of the Chickasaw Nation of Oklahoma, told Indian Country Today.

The bill clarifies that the federal government can acquire land in trust for all tribes, regardless of the date of their formal recognition. The Supreme Court decision placed doubts for those tribes who weren't recognized by 1934.

In light of Congressional inaction, the Obama administration plans to issue regulations to address the decision, Hilary Tompkins, the Solicitor of the Interior Department, said at an Indian law conference last month.

Get the Story:
NIGA resolutions: Carcieri, compact procedures, tribal tax credits (Indian Country Today 5/10)

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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