The new Chair of the Senate Indian Affairs Committee, Senator Jon Tester, offered up his S. 2188 this week, a so-called Carcieri “clean” fix bill for markup by the Committee. In Carcieri v. Salazar (2009), the Supreme Court ruled that no land taken into trust by the Bureau of Indian Affairs for a tribe not federally recognized prior to 1934 was a valid fee-to-trust action. 

Usually, a bill being taken up for markup in the policy committee means that the bill has momentum and is likely to at least move past that house; however, in this case, Chair Tester is pushing his bill to the floor in an attempt to prove to tribes and legislative supporters of a “clean fix” that such a measure will not pass the full Senate. It is hoped that this will encourage those unwilling to consider a new fee-to-trust system to come to the table to start the process of negotiation and compromise. 

RCRC sent a comment letter to Chair Tester and to ranking member of the Committee John Barrasso outlining RCRC’s concerns with a Carcieri fix that comes without significant improvement in the level of local government involvement in the process. RCRC’s comment letter can be accessed here

Yesterday, the Senate Indian Affairs Committee marked up S. 2188. The Ranking Member offered the only amendment during the markup. The amendment would include a study of the number of tribes that would be affected by the bill. Similar language had been included in previous Carcieri clean fix bills in the Senate. The bill was passed out of Committee and is now waiting to be considered on the floor. It is unclear at this time when the bill will be considered by the full Senate.  

For additional information, please contact RCRC Legislative Advocate Cyndi Hillery at (916) 447-4806 orchillery@rcrcnet.org.