Kildee Helps Lead Successful Effort to Pass Carcieri Fix Through House

WASHINGTON, D.C. – After fighting for months to pass legislation to address the flawed Supreme Court decision in Carcieri v. Salazar, Congressman Dale E. Kildee (D-MI), Democratic Chairman of the House Native American Caucus praised last night’s vote by the House of Representatives to pass a Carcieri fix. Congressman Kildee was the chief sponsor of H.R. 3742, which clarifies that the Secretary of the Interior has the authority to take land into trust for all federally recognized Indian tribes, regardless of when that tribe was recognized. With Congressman Kildee’s strong leadership, his bill was included in H.R. 3082, Making Further Continuing Appropriations for Fiscal Year 2011, which must now pass the Senate before it can be signed into law.

“Passing a Carcieri fix is a great victory for sovereign Indian tribes. The Supreme Court’s interpretation of the Indian Reorganization Act in Carcieri v. Salazar completely ignored the congressional intent of the original legislation and would have reversed years of progress.  This legislation we will put to rest any question as to the Secretary of the Interior’s authority to take land into trust for tribes. I am proud to have worked alongside the Indian community and my colleagues, notably Senator Byron Dorgan and Representative Tom Cole, to pass this critical legislation. As always, I will continue to fight to protect Indian rights and sovereignty,” said Congressman Kildee.

Under the Indian Reorganization Act of 1934, the Secretary of the Interior has the authority to acquire land and hold it in trust for Indian tribes.  However, in February 2009, the Supreme Court ruled in the Carcieri v. Salazar case that the Secretary of the Interior could only take land into trust for tribes that were federally recognized at the time of the IRA’s enactment in 1934. This ruling was based on language in the IRA which refers to Indian tribes “now under federal jurisdiction.” The fix, which was passed in H.R. 3082, Making Further Continuing Appropriations for Fiscal Year 2011, will amend the IRA to clarify that the Secretary of the Interior has the authority to place land into trust for all Indian tribes regardless of when that tribe was recognized.

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