Since time immemorial, the people of Turtle Island have cultivated a relationship with the land, its resources, and its other inhabitants. That relationship remains a unique feature of modern tribal governance, whether Tribal Nations were relocated or able to remain on their ancestral homelands. Today, land use policies encompass the physical location of a Tribal Nation and its members, the use of agriculture or commerce to support its mission, and responsible stewardship of its resources. For centuries, Tribal Nations were relocated to undesirable locations that were not arable or that had been contaminated, and the strength of modern self-governance allows Tribal Nations to demand better treatment for themselves and their lands. NCAI has and will continue to advocate for policies that protect the environment, support tribal self-determination in land ownership and use, and acknowledge the unique and irreplaceable character of the spaces that Tribal Nations call home.
Unpacking the "Carcieri Fix" and What H.R. 5257 Means for Tribal Sovereignty
A new bill, the Tribal Trust Land Reaffirmation Act (H.R. 5257), introduced on September 10, 2025, 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 this page.
Policy Documents
General Mining Law 1872 Brief
NCAI Testimony Copper Mining Operation (Duplicate Copies)
Written Testimony of Kevin J. Allis, Chief Executive Officer (Duplicate Copies)
NCAI Comments on “Waters of the United States”
"NCAI Comments in Response to National Park Service Proposal to Change Regulations Governing Federal Agency Nomination of Properties"
NCAI Support for H.R. 812
"Comments of NCAI on the Draft Supplemental Environmental Impact Statement for the Proposed Keystone XL Pipeline (Duplicate Copies)"
