Two Indian lobbyists say a fix to the U.S. Supreme Court decision in Carcieri v. Salazar faces an uncertain future despite recent movement on the matter.

The House Interior Appropriations Subcommittee included the fix in the 2011 Interior appropriations bill. But the measure still needs to clear the House and the Senate before becoming law.

"This amendment is a significant step toward a legislative fix for the Carcieri decision,” John Tahsuda of Navigators Global told GamblingCompliance. “However, in this election year climate it is not yet clear how this Congress will enact its appropriations bills.”

"It is great legislation and it’s likely to be well received in the House, but my concern is it will get stuck in the Senate side," added Jana McKeag of Lowry Strategies.

The Supreme Court's decision restricts the land-into-trust process to tribes that were "under federal jurisdiction" when the Indian Reorganization Act was passed in 1934. The fix ensures that all tribes can benefit regardless of the date of their federal recognition.

Get the Story:
Carcieri ‘Fix’ Faces Uncertain Future In Senate (GamblingCompliance 7/26)
‘Carcieri fix’ linked to bill in U.S. House (The Providence Journal 7/24)

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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