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Cole Comments on Subcommittee Approval of Carcieri Fix

July 22, 2010

WASHINGTON, D.C. – Rep. Tom Cole (OK-04) made the following statement after the House Appropriations Subcommittee on Interior approved language to amend the Indian Reorganization Act of 1934 (IRA) to reaffirm the authority of the Secretary of Interior to take land into trust for Indian tribes. The policy would address issues created by the Carcieri v. Salazar decision:

"Today's action is a significant step forward for this important legislation. Without this language, the standard set forth in Carcieri v. Salazar will be devastating to tribal sovereignty and economic development. Resolving any ambiguity in the Indian Reorganization Act is vital to protecting tribal interests and avoiding costly and protracted litigation. I commend Congressman Moran and Congressman Simpson for their work on this issue and hope that the full Committee will ensure this provision receives long overdue consideration in the House."

In 2009, the Supreme Court ruled that a modern reading of the IRA did not adequately provide authority for the Secretary of the Interior to take land into trust for the Narragansett Indian Tribe of Rhode Island. Many tribes in existence today were not federally recognized before the 1934 law was passed. Today's Subcommittee action, based on legislation (H.R. 3697) previously introduced by Cole, makes clarifying changes to the IRA of 1934 so that the Interior Department will be able to continue to acquire trust lands for tribes, regardless of the date a tribe was federally recognized.


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