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Cole introduces fix to land-into-trust decision
Friday, October 2, 2009
Filed Under: Law | Politics | Trust

Rep. Tom Cole (R-Oklahoma), a member of the Chickasaw Nation, introduced a bill to fix the U.S. Supreme Court decision in Carcieri v. Salazar.

H.R.3697 ensures that all tribes, regardless of the date of federal recognition, can follow the land-into-trust process. The decision had placed doubts for tribes that weren't "under federal jurisdiction" in 1934, when the Indian Reorganization Act was passed.

"This bill will clarify federal law to ensure all federally-recognized Indian tribes are able to participate in the trust process with the United States," Cole said. "There has been too much confusion with the way the law is currently written. The trust process was meant to allow tribes to purchase lands for their benefit."

Cole's bill is companion to S.1703. The Senate version was introduced by Sen. Byron Dorgan (D-North Dakota), the chairman of the Senate Indian Affairs Committee.

"Without the changes Senator Dorgan and I have proposed, there will still be questions about which tribes can legitimately enter into a trust agreement with the United States," said Cole. "It is my hope that this legislation will be taken up in short order."

Relevant Documents:
Carcieri Fix Bill | Floor Statement

Supreme Court Decision:
Syllabus | Opinion [Thomas] | Concurrence [Breyer] | Dissent [Stevens] | Concurrence/Dissent [Souter]

Supreme Court Documents:
Oral Argument Transcript | Briefs

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