Dorgan Introduces Carcieri Fix

Sen. Byron Dorgan, D-N.D., has introduced legislation amending the 1934 Indian Reorganization Act, providing the long-anticipated “fix” to the Supreme Court ruling in Carcieri v. Salazar.

In Carcieri, the Supreme Court held that the Secretary of the Interior exceeded his authority by taking land into trust for the Narragansett Tribe, which was not under federal jurisdiction, or recognized, at the time the Indian Reorganization Act was enacted in 1934. Dorgan’s technical amendments to the IRA would reaffirm the Secretary’s authority to take lands into trust for Indian tribes, regardless of when they were recognized. The amendment also ratifies the prior trust acquisitions of the Secretary, who for the past 75 years has been exercising his authority to take lands into trust, as intended by the Indian Reorganization Act. Read more here.

“Carcieri Fix” Might be a Tough Sell

Selling Congress on a fix for the Supreme Court decision in Carcieri v. Salazar might not be easy, says Matthew Fletcher of Turtle Talk. Writing for Turtle Talk last week, Fletcher said a fix for Carcieri might be too political to get through Congress and that the pressure from state and local governments on lawmakers will halt any attempts to reverse the decision, which prohibits the Interior Department from taking land into trust for tribes not recognized by the federal government in 1934, when the Indian Reorganization Act was enacted.

Reaction to Carcieri Decision

On Turtle Talk, Matthew Fletcher offers his thoughts on how the Carcieri decision may impact Michigan tribes. Bryan Newland, also on Turtle Talk, offers his initial reaction as well.   Newland thinks that the term “under federal jurisdiction” does not mean the tribe had to be federally recognized in 1934. Richard Guest, a lawyer with the Native American Rights Fund, told the Providence Journal that tribes will ask Congress to fix the land into trust issue.