A new bill, the Tribal Trust Land Reaffirmation Act (H.R. 5257), aims to resolve a significant legal issue that has affected Tribal Nations for over a decade.

The Issue: The Carcieri Decision

In 2009, the Supreme Court's decision in Carcieri v. Salazar created uncertainty regarding Tribal trust lands. The ruling limited the Department of the Interior's authority to take land into trust to only those Tribal Nations "under federal jurisdiction" as of 1934. This decision upended 75 years of federal practice and led to costly lawsuits challenging the status of Tribal lands, creating heavy administrative burdens for both Tribal Nations and the federal government.

The Solution: H.R. 5257

The Tribal Trust Land Reaffirmation Act offers a straightforward solution. The bill legally reaffirms the status of all land taken into trust for any federally recognized Tribal Nation before the bill's enactment.

This approach is known as a "Carcieri Light Fix" because it secures all past land-into-trust actions but does not alter the process for future applications.

Why It Matters

Trust land is essential for Tribal Nations to build housing, schools, and hospitals and to pursue economic development. By reaffirming the status of these lands, the legislation seeks to restore stability and protect Tribal sovereignty from expensive and burdensome lawsuits.

Tribal Trust Land Reaffirmation Act One-Pager

As legislation moves forward, future updates will be posted on the Lands and Natural Resources policy advocacy page.

Lands and Natural Resources