Rep. Tom Cole
A bipartisan bill introduced by U.S. Rep. Tom Cole (R-OK) that would authorize the U.S. Department of the Interior to take land into trust for all federally recognized Indian tribes on Dec. 1 passed the U.S. House of Representatives with a 302-127 vote.
H.R. 4352, which Rep. Cole cosponsored in July with bill sponsor U.S. Rep. Betty McCollum (D-MN), advanced to the U.S. Senate, where it is now under consideration by the Committee on Indian Affairs.
Introduced in the House every Congress over the last decade, the legislation specifically removes the uncertainty within the Carcieri v. Salazar opinion, a 2009 case in which the U.S. Supreme Court held that the federal government could not take land into trust that was acquired by the Narragansett Tribe in the late 20th century, as it was not federally recognized until 1983.
“More than a decade ago, the Supreme Court issued an opinion that jeopardized ownership of tribal trust lands, questioned the authority of the Secretary of Interior, and reversed 75 years of precedent,” Rep. Cole said. “While a permanent solution is still needed, I am proud the House has supported legislation to keep the promises made to tribes, respect their sovereign status and validate the status of tribal lands acquired in trust by the Secretary of Interior.”
In 1934, Congress enacted the Indian Reorganization Act to protect any remaining Indian lands and to allow modest additions and reacquisitions to the land, said Rep. Cole on the floor of the House prior to the chamber’s vote. He noted that for 75 years “it worked pretty much the way it was supposed to work,” and land was protected and modestly brought back into trust.
However, he said all of that was upset by the Carcieri v. Salazar decision in 2009. “And that was a really bad decision, quite frankly,” said Rep. Cole, because it upset the balance by creating a two-tier system that penalizes tribes that had not been federally recognized in 1934.
House passage of H.R. 4352 would correct that mistake, he said, and marks the first time a fix has advanced out of the chamber.