Pallone Questions Natural Resources Panel on Implications of Carcieri Decision

Washington, D.C. – Congressman Frank Pallone Jr., Tuesday in a House Natural Resources hearing on Indian Affairs spoke in support of bi-partisan legislation that would reverse the 2009 Supreme Court ruling in Cacieri v. Salazar. The Supreme Court decision does not provide authority for the Secretary of the Interior to take land into trust for tribes not under Federal jurisdiction in 1934.

During the hearing, Pallone reiterated his call for action on a fix without delay and emphasized his support for legislation that would effectively overrule Carcieri v. Salazar and apply the Indian Reorganization to all federally recognized Indian tribes, regardless of when any tribe became recognized.

“We have a responsibility to fix this ruling without delay,” Pallone said. “We need to ensure proper management of native lands. The first step to that is reversing this failed Supreme Court ruling.”

Pallone questioned witnesses on how local governments are cooperating with tribes in light of the Carcieri decision.

He questioned Professor Alexander Skibine from the University of Utah about the specific implications. “Do you believe the Carcieri decision has the implications of local and state governments looking for ways to tax tribes and businesses on tribal land in light of the fact that the courts may now see a precedent has been set and perceive tribes are “regular economic actors?” Pallone said. Skibine replied that in his opinion tribes were being perceived as regular economic actors and taxed as such.

“This is about ensuring tribes have sovereignty over their land and can continue to build the infrastructure such as schools and community centers that benefit community. I will continue to push for this legislation because it’s time to make this vital change reversing the Carcieri decision,” Pallone added.