Representative Tom Cole (R-OK-04), Representative Betty McCollum (D-MN-04), Representative Mike Rogers (R-AL-03), and Representative Jared Huffman (D-CA-02) have introduced bipartisan legislation, “Tribal Trust Land Reaffirmation Act,” also known as the “Carcieri Light Fix.”
The bill reaffirms that all current lands put into trust on behalf of a federally recognized Tribe by the Department of the Interior are officially reaffirmed as trust lands.
Background: The Carcieri Decision
The legislation seeks to resolve longstanding uncertainty created by the Supreme Court’s 2009 decision in Carcieri v. Salazar. This decision limited the DOI’s authority to take land into trust to only those Tribes “under federal jurisdiction” as of 1934, when Congress enacted the Indian Reorganization Act (1934). The term “under federal jurisdiction” is not defined and has led to legal ambiguities that have paralyzed the already underfunded and severely backlogged land into trust process. The Carcieri decision upended 75 years of federal precedent, prompting damaging consequences for Tribes regarding trust land. This ruling resulted in costly, burdensome litigation for Tribes and the federal government, challenging the status of Tribal trust lands.
Trust Lands and Tribal Communities
Since 1934, the Department of the Interior (DOI) has used the Indian Reorganization Act (IRA) to place land into trust for all federally recognized Tribes. This process has enabled Tribes to strengthen their communities by constructing essential infrastructure such as schools, hospitals, housing, etc. The DOI has approved trust acquisitions for over 60 million acres of traditional Tribal homelands. The Tribal Land Reaffirmation Act is vital for safeguarding and reaffirming these Tribal trust lands.
Tribes use trust land to enhance housing opportunities, expand energy developments, cultural activities such as hunting and agricultural activities, and give Tribes access to certain tax credits and contracting opportunities that foster public and private partnerships, increasing jobs and services for Tribal and non-Tribal communities. Tribal nations are vital economic engines in rural America, often serving as the largest employers and primary economic drivers in areas where market forces alone cannot sustain robust economic activity. This generates billions in economic activity that reaches far beyond reservation boundaries.
NAFOA Supports Legislative Action
NAFOA has strongly supported bipartisan legislation to fix the Carcieri decision. Such legislation has been introduced in every Congress since 2009, including a bill that passed the House 301-127 in 2021. As NAFOA Board President Rodney Butler, Chairman of the Mashantucket Pequot Tribal Nation, testified to the Senate Committee on Indian Affairs, the Carcieri decision fundamentally undermines the Indian Reorganization Act of 1934, which was enacted to halt the massive loss of Tribal homelands caused by the General Allotment Act of 1887.
NAFOA has submitted a letter of support urging Congress to pass the Tribal Trust Land Reaffirmation Act quickly.
For questions or additional information, please contact Nicholas Lovesee, Policy Director, nicholas@nafoa.org, or Marisa Joseph, Policy Specialist, marisa@nafoa.org.
