Bipartisan
legislation introduced to address damaging impact of Carcieri Decision
By Sen. Jon Tester| Over 500 tribes lost sovereignty rights under Carcieri |
U.S. SENATE – On May 7, Chairman Jon Tester (D-Mont.) held a U.S. Senate Committee on Indian Affairs hearing on five tribal land bills. Topping the discussion, the Committee heard testimony on Chairman Tester’s bill which ensures that all federally recognized tribes have the same rights for placing land into trust, regardless of when they were recognized.
Tester’s bill proposes to end the uncertainty and unnecessary litigation triggered by the U.S. Supreme Court’s Carcieri v. Salazar decision. That ruling held that the federal government has no legal authority take land into trust for American Indian tribes recognized after enactment of the 1934 Indian Reorganization Act (IRA). The decision, in effect, has created two classes of tribes - those federally recognized before 1934, and those recognized after passage of the IRA.


