Land-into-trust regulations not on Bush agenda

FROM THE ARCHIVE

Facebook Twitter Email
FRIDAY, APRIL 11, 2003

The Bush administration doesn't plan on finalizing land-into-trust regulations that have been in limbo for more than three years, an official said on Thursday.

Aurene Martin, acting assistant secretary for Indian affairs, acknowledged that tribal leaders have asked the Department of Interior to adopt rules that were developed after an intense consultation effort. At an Indian law conference in Albuquerque, New Mexico, she said that wasn't going to happen any time soon.

"It is unlikely that the department will be able to conduct this rule-making given our inadequate time and resources," Martin told over 700 attendees. "We'll be unable to finalize the rules proposed in 2000."

The rules govern how land will be taken into trust for the benefit of tribes or individual tribal members. Tribal leaders say the current process is extremely slow-moving and lacks standards. Some tribes have waited more than 10 years for their request to be approved by the Bureau of Indian Affairs.

At the same time, state and local governments have been been inclined to oppose land-into-trust applications in recent years, fearing loss of tax revenue and the spread of Indian gaming.

To improve the situation, the Clinton administration proposed new standards that for the first time imposed timelines on the BIA. They also required the BIA to take the input of non-Indians who may be affected by a land acquisition.

But the Bush administration blocked implementation in January 2001. Two months later, Secretary of Interior Gale Norton suspended the rules pending further review and 10 months later, former assistant Secretary Neal McCaleb rescinded them altogether.

Tex Hall, president of the National Congress of American Indians (NCAI), characterized the Clinton proposal as a "mixed bag" for Indian Country. NCAI, the largest inter-tribal organization, still urged Norton to finalized them.

"Indian people are first on the land but last in line when it comes to services in this country," he said.

Separately, McCaleb rescinded rules that outline how land will be taken into trust for off-reservation casinos. Federal law requires approval from the state governor. Few of these "two-part" determinations have succeeded.

From 1887, when Congress authorized allotment of Indian lands, to 1934, when it was stopped, 90 million acres of the Indian estate was lost. Since 1934, only about 9 million has been restored to tribal ownership.