More on Obama Admin Favoring Carcieri v. Salazar "Fix"

It pretty much became official that the Obama admin was in strong favor of a fix to the Carcieri v. Salazar decision when during a media conference call on Nov 4th Secretary of the Interior Ken Salazar said, “There is a problem here that has to be fixed.”

Kim Teehee, White House senior policy advisor for Native American Affairs, solidified the administrations stance by saying there needs to be a fix so that all tribes can benefit from the land into trust process regardless of their date of federal recognition.

The day after the media call a hearing was held before the House Natural Resources Committee on Capitol Hill, where Donald Laverdure, deputy assistant secretary of Indian affairs at Interior, testified and applauded two bills being discussed. H.R. 3742, sponsored by Rep. Dale Kildee, D-Mich., which would amend the IRA to reaffirm the authority of the secretary of the Interior to take land into trust for Indian tribes, and H.R. 3697, sponsored by Rep. Tom Cole, R-Okla., which has a nearly identical intention.

Laverdure said,” the department was, and continues to be, disappointed in the court’s ruling in the Carcieri case. The decision was not consistent with the longstanding policy and practice of the United States to assist all tribes in establishing and protecting a land base sufficient to allow them to provide for the health, welfare, and safety of tribal members, and in treating tribes alike regardless of the date of acknowledgment.”

Not all present at the hearing were so gung ho for a fix. Rep. Doc Hastings, R-Wash. said he wants to hear from state and local governments before rushing into a fix.

There is opposition from states rights advocates and other groups such as our local POLO/POSY who have been against and are currently fighting the land into trust process.

Some states’ rights advocates and others have taken strong stances against a legislative fix, fearing the consequences of more lands going back to tribes.

Connecticut Attorney General Richard Blumenthal testified at the hearing that he supports tribal sovereignty, but opposes a Carcieri fix saying that lawmakers should consider whether the pre-Carcieri system is still necessary to achieve the original goals of the IRA. He also made the case that states and localities are harmed in many ways when tribes receive lands, such as by reducing tax revenues.

Blumenthal also predicted that there would be 10 years or more of litigation or if a land into trust fix passes Congress.

Several tribal leaders were present at the hearing and testified that they thought the Obama administration is right in supporting a fix. They believe tribes should not be treated differently and many have historical claims to more land in the United States.

“If this decision is not addressed, there will be ‘haves’ (those who can take land into trust) and ‘have nots’ in Indian country,” said Sandra Klineburger, chairwoman of the Stillaguamish Tribe of Indians, adding that, “Our community knows what it is like to be part of the ‘have nots.”