Dear USET/USET SPF Family,
Today, at 10:15am ET, the House Committee on Natural Resources, Subcommittee on Indian and Insular Affairs (SIIA) will be hosting a legislative hearing on H.R. 1208, “To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes”, and H.R. 6180, “Poarch Band of Creek Indians Lands Act.”
H.R. 1208, introduced by Rep. Tom Cole (R-OK-4), would reverse the disastrous 2009 U.S. Supreme Court decision in Carcieri v. Salazar by amending the Indian Reorganization Act of 1934 (IRA) to reaffirm the Secretary of the Interior’s authority to place land into trust for any federally recognized Tribal Nations, not just those considered “under federal jurisdiction” when the IRA was enacted on June 18, 1934. Similarly, H.R. 6180, introduced by Rep. Jerry Carl (R-AL-1) would recognize the Poarch Band of Creek Indians as covered by the URA and reaffirms any lands previously taken into trust by the Secretary of the Interior for the Tribal Nation’s benefit.
We also bring to your attention the Hearing Memo produced by the SIIA majority for this legislative hearing since it relays some inaccurate assertions that have been made by the National Association of Counties (NACo) and others opposed to a Carcieri fix. Specifically, NACo has stated that removing lands from state or local jurisdiction impacts counties, states, and other local stakeholders since such lands would not be subject to state or local jurisdiction for law enforcement or taxation. The memo also continues to incorrectly tie a Carcieri fix to gaming. These assertions fly in stark contrast to the federal government’s trust and treaty obligations to honor the restoration of Tribal Homelands, many of which were taken by outright theft and coercion and should not be subjected to state taxation and authority once returned to trust status.
The following witnesses have been invited to testify before SIIA during tomorrow’s legislative hearing—
- Ms. Kathryn Isom-Clause, Deputy Assistant Secretary for Indian Affairs, U.S. Department of the Interior, Washington, DC (on H.R. 1208, and H.R. 6180).
- The Honorable Marshall Pierite, Chairman, Tunica-Biloxi Tribe of Louisiana, Marksville, LA (on H.R. 1208).
- The Honorable Stephanie Bryan, Tribal Chair, Poarch Creek Indians, Atmore, AL (on H.R. 6180).
- The Honorable David Rabbitt, District 2 Supervisor, Sonoma County Board of Supervisors, Sonoma, CA (on H.R. 1208, and H.R. 6180.
Since the disastrous 2009 U.S. Supreme Court decision in Carcieri v. Salazar, USET SPF has continually advocated for a ‘Carcieri Fix’. For too long, this decision has impeded the ability of Tribal Nations to rightfully restore our land bases and pursue Nation rebuilding efforts. We have consistently urged Congress to enact legislation that: (1) reaffirms the status of current trust lands; and (2) confirms that the Secretary of the Interior has authority to take land into trust for all federally recognized Tribal Nations.
USET SPF will continue to advocate for the restoration of Tribal homelands, including a ‘Carcieri Fix,’ and will provide updates on this issue as they develop.
For more information, please contact Brian Howard, USET SPF Senior Policy Analyst, at bhoward@usetinc.org.
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