Supervisor Diane Dillon (Napa County) joined Supervisor David Rabbitt (Sonoma County) to represent the interests of local government at a roundtable discussion this week regarding the Fee-to-Trust acquisition process for Indian lands. The roundtable was convened by the Senate Select Committee on Indian Affairs, which is contemplating new legislation to respond to the 2009 U.S. Supreme Court decision Carcieri v. Salazar, 555 U.S. 379 (Carcieri) that limited the federal government’s ability to take land into trust for certain tribes.
Committee Chairman John Barrasso (R-WY) invited county and tribal associations to participate in a professionally mediated discussion after a six-year stalemate in tribes seeking to restore trust acquisitions for tribes that were federally recognized after 1934 and local governments’ desire for the right to have input into the process regarding off-site impacts to communities and public services in counties surrounding and adjacent to tribal lands. Supervisors Dillon and Rabbitt called for earlier notification, increased transparency, and incentives for cooperative agreements between local governments and tribes in the trust acquisition process.
While no consensus was reached or expected, participants claimed greater understanding of each other’s position on the issue than in previous discussions. Tribal representatives reiterated that a “clean fix” to Carcieri needed to be addressed first to restore land acquisition for all tribes, after which local governments’ concerns could be addressed. However, the supervisors emphasized that now is the time for comprehensive improvements to the process to ensure more timely decisions, less litigation, and greater assurance that off-site impacts will be mitigated.
“A ‘quick fix’ is not a ‘clean fix’ for counties,” said Supervisor Diane Dillon, “If legislation is passed overturning Carcieri without addressing the shortfalls and inconsistencies in the federal fee-to-trust process at the same time, these issues are unlikely to ever be resolved. The strength of a community, the integrity of its infrastructure, and the safety of the public are not just a county’s issues, but those of the local tribes as well, so it makes sense to address them in a mutually beneficial way that is fair to both.”