TRIBAL ALERT
June 21, 2010
TRIBAL SUPPORT NEEDED FOR LEGISLATIVE FIX OF CARCIERI
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The Supreme Court’s decision in Carcieri v. Salazar, 129 S. Ct. 1058 (2009), effectively placed a halt on tribal fee-to-trust applications. If not addressed, the Court’s opinion could have far-reaching and long-term impacts on California tribes. The Court held that the Secretary of the Interior cannot take land into trust for a tribe unless it can be shown that the tribe was “now under federal jurisdiction” on or before the date when the Indian Reorganization Act (IRA) was passed – June 18, 1934. Many California tribes may be unable to meet this judicially-created test. If fee-to-trust applications are challenged (which seems to be the standard practice in many parts of California), even tribes which can meet the test could face the added burden of proving in court that they were under federal jurisdiction on or before June 18, 1934. Still worse is the possibility that future courts will interpret the Carcieri decision more narrowly, and in ways that make the test harder to satisfy. Carcieri affects tribes in California more than those in other states. Although this issue is on the radar of many tribes and tribal advocacy groups throughout the nation, to date there has been relatively little input from California tribes. There is currently a proposal to amend the IRA, sponsored by Senator Dorgan (D-N.D.), that will counteract the Carcieri decision by eliminating the “now under federal jurisdiction” language. Unfortunately, a few Senators are opposed to this solution, including Senator Feinstein. Your tribe’s input is urgently needed so that Congress appreciates that California tribes want this amendment.Attached is a model letter for tribal leadership to use in voicing their positions (click here to download the letter in Word). We ask that California tribal leaders review this letter, modify it as they wish, and send it to Senators Feinstein and Boxer as soon as possible. Thank you for your support.
For a .pdf version of this alert, please click here.
