McCollum Introduces Clean Carcieri Fix Legislation

Washington, DC – Last week, Congresswoman Betty McCollum (D-MN) introduced legislation to reaffirm the right of the Secretary of the Interior to take land into trust for all federally recognized Native American tribes.

In 1934, Congress passed the Indian Reorganization Act, granting all federally recognized tribes the right to enter lands into trust. For decades, Democratic and Republican administrations interpreted that law to mean all tribes which are recognized by the federal government at the time of their trust application. A 2009 Supreme Court ruling in the case of Carcieri v. Salazar has brought doubt about whether or not tribes recognized after the passage of the Indian Reorganization Act in 1934 are granted these rights. Congresswoman McCollum’s Carcieri fix legislation would restore clarity and stability for all federal tribes, regardless of their date of recognition.

“The federal government has a treaty and trust obligation to all 566 federally recognized tribal nations – and it is disappointing that in recent years we have served that obligation differently based upon when tribes were recognized,” said Congresswoman Betty McCollum. “The intent of the original Indian Reorganization Act was clear – to restore and protect tribal homelands for all sovereign tribal nations. Congress clearly did not intend to limit this right based on the date of a tribe’s recognition.

“A clean legislative fix is necessary to ensure that we are fulfilling one of our country’s most sacred obligations. I look forward to working with my colleagues on both sides of the aisle to see its swift passage.”