WASHINGTON – A legislative Carcieri fix has been successfully inserted into the current House Interior appropriations bill with a similar Senate action expected to be attempted soon.
The move in the House came July 22. Many amendments to the bill were adopted along party lines, but the Carcieri portion was adopted unanimously.
In order to move forward, the bill must be ratified by the House Appropriations Committee and then make it through the full House and Senate to go to the president to be signed into law.
The House maneuver came a short time after many tribal leaders gathered in Washington earlier in July to urge Congress members to quickly approve such a measure.
Tribal officials said a proactive measure is needed to remedy a February 2009 Supreme Court decision, which found that tribes recognized by the federal government after 1934 cannot have lands put into trust for them by the Department of the Interior.
Most tribes, even if not directly affected by the decision, are deeply concerned about the usurping of tribal sovereignty and self-determination.
“We need to play some serious politics,” said Debbie Ho, a lobbyist with Ietan Consulting, told Indian leaders attending a July 13 Washington gathering in support of immediate congressional action. She predicted that a Carcieri bill could not move as a standalone measure, which is common wisdom on Capitol Hill.
The rally of tribal officials was followed by one-on-one visits with Congress members who are supportive of a legislative fix, and with some who have been more hesitant.
Anti-Indian interests have been largely opposed to a Carcieri change, with some tying Indian gaming to the issue, although the Supreme Court decision affects land interests, not gaming ones.
The Obama administration stands in favor of legislative action.
“The president supports a legislative fix to Carcieri to reaffirm that the secretary of the Interior has authority to take land into trust for all federally recognized tribes,” said Shin Inouye, a spokesman for the White House. “The administration has voiced this position, both in letters sent to members of Congress and through congressional testimony. This issue was also addressed in the White House Tribal Nations Conference Progress Report.”
