| For immediate release October 8, 2009 |
Contact: Erin Donar
202-225-3611
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| Rep. Kildee Introduces Legislation to Protect Native American Land | ||||
| WASHINGTON, D.C. – Congressman Dale E. Kildee (D-MI), Democratic Chairman of the House Native American Caucus, has introduced H.R. 3742, which amends the Indian Reorganization Act (IRA) of 1934 to clarify 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. This legislation will remove uncertainty caused by the recent U.S. Supreme Court decision in Carcieri v. Salazar, which stated 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. H.R. 3742 currently has 10 cosponsors. “The Supreme Court’s literal interpretation of the Indian Reorganization Act ignores the congressional intent of the original legislation and would reverse years of progress. By clarifying the language of the Indian Reorganization Act, we will put to rest any question as to the Secretary of the Interior’s authority to take land into trust for tribes. My legislation will uphold the original intent of the IRA and ensure that all federally recognized tribes are able to utilize the land trust process, regardless of when they were recognized,” 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.” Congressman Kildee’s legislation would 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. Senator Byron Dorgan (D-ND), Chairman of the Senate Indian Affairs Committee has introduced a similar measure in the Senate. Representatives Joe Baca (D-CA), Dan Boren (D-OK), Raul Grijalva (D-AZ), Martin Heinrich (D-NM), Mike Honda (D-CA), Jay Inslee (D-WA), Betty McCollum (D-MN), Grace Napolitano (D-CA), Heath Shuler (D-NC) and Bart Stupak (D-MI) are cosponsors of H.R. 3742. ###
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