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Oversight Hearing Committee on Natural Resources COMPARING 21ST CENTURY TRUST LAND ACQUISITION WITH THE INTENT OF THE 73RD CONGRESS IN SECTION 5 OF THE INDIAN RE- ORGANIZATION ACT OVERSIGHT HEARING BEFORE THE SUBCOMMITTEE ON INDIAN, INSULAR AND ALASKA NATIVE AFFAIRS OF THE COMMITTEE ON NATURAL RESOURCES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION Thursday, July 13, 2017 Serial No. 115–15 Printed for the use of the Committee on Natural Resources ( Available via the World Wide Web: http://www.fdsys.gov or Committee address: http://naturalresources.house.gov U.S. GOVERNMENT PUBLISHING OFFICE 26–253 PDF WASHINGTON : 2017 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Mar 15 2010 10:44 Sep 18, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 J:\115TH CONGRESS\INDIAN, INSULAR & ALASKA NATIVE AFFAIRS\07-13-17\26253.TXT COMMITTEE ON NATURAL RESOURCES ROB BISHOP, UT, Chairman RAU´ L M. GRIJALVA, AZ, Ranking Democratic Member Don Young, AK Grace F. Napolitano, CA Chairman Emeritus Madeleine Z. Bordallo, GU Louie Gohmert, TX Jim Costa, CA Vice Chairman Gregorio Kilili Camacho Sablan, CNMI Doug Lamborn, CO Niki Tsongas, MA Robert J. Wittman, VA Jared Huffman, CA Tom McClintock, CA Vice Ranking Member Stevan Pearce, NM Alan S. Lowenthal, CA Glenn Thompson, PA Donald S. Beyer, Jr., VA Paul A. Gosar, AZ Norma J. Torres, CA Rau´ l R. Labrador, ID Ruben Gallego, AZ Scott R. Tipton, CO Colleen Hanabusa, HI Doug LaMalfa, CA Nanette Diaz Barraga´n, CA Jeff Denham, CA Darren Soto, FL Paul Cook, CA A. Donald McEachin, VA Bruce Westerman, AR Anthony G. Brown, MD Garret Graves, LA Wm. Lacy Clay, MO Jody B. Hice, GA Vacancy Aumua Amata Coleman Radewagen, AS Darin LaHood, IL Daniel Webster, FL Jack Bergman, MI Liz Cheney, WY Mike Johnson, LA Jenniffer Gonza´lez-Colo´n, PR Greg Gianforte, MT Todd Ungerecht, Acting Chief of Staff Lisa Pittman, Chief Counsel David Watkins, Democratic Staff Director SUBCOMMITTEE ON INDIAN, INSULAR AND ALASKA NATIVE AFFAIRS DOUG LAMALFA, CA, Chairman NORMA J. TORRES, CA, Ranking Democratic Member Don Young, AK Madeleine Z. Bordallo, GU Jeff Denham, CA Gregorio Kilili Camacho Sablan, CNMI Paul Cook, CA Ruben Gallego, AZ Aumua Amata Coleman Radewagen, AS Darren Soto, FL Darin LaHood, IL Colleen Hanabusa, HI Jack Bergman, MI Rau´ l M. Grijalva, AZ, ex officio Jenniffer Gonza´lez-Colo´n, PR Vice Chairman Rob Bishop, UT, ex officio (II) VerDate Mar 15 2010 10:44 Sep 18, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 J:\115TH CONGRESS\INDIAN, INSULAR & ALASKA NATIVE AFFAIRS\07-13-17\26253.TXT CONTENTS Page Hearing held on Thursday, July 13, 2017 ............................................................. 1 Statement of Members: LaMalfa, Hon. Doug, a Representative in Congress from the State of California ....................................................................................................... 1 Prepared statement of ............................................................................... 2 Torres, Hon. Norma J., a Representative in Congress from the State of California ................................................................................................... 2 Prepared statement of ............................................................................... 3 Statement of Witnesses: Allyn, Hon. Fred B., III, Mayor, Town of Ledyard, Connecticut .................. 20 Prepared statement of ............................................................................... 21 Questions submitted for the record ......................................................... 27 Cason, James, Acting Deputy Secretary, U.S. Department of the Interior, Washington, DC ............................................................................................ 5 Prepared statement of ............................................................................... 5 Questions submitted for the record ......................................................... 7 Francis, Hon. Kirk, President, United South and Eastern Tribes, Washington, DC ............................................................................................ 8 Prepared statement of ............................................................................... 9 Mitchell, Donald, Attorney at Law, Anchorage, Alaska ................................ 29 Prepared statement of ............................................................................... 31 Supplemental testimony submitted for the record ................................. 38 Additional Materials Submitted for the Record: List of documents submitted for the record retained in the Committee’s official files .................................................................................................... 64 Uintah County, Utah, testimony dated July 20, 2017 submitted for the record by Chairman Bishop ......................................................................... 61 (III) VerDate Mar 15 2010 10:44 Sep 18, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 J:\115TH CONGRESS\INDIAN, INSULAR & ALASKA NATIVE AFFAIRS\07-13-17\26253.TXT VerDate Mar 15 2010 10:44 Sep 18, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 J:\115TH CONGRESS\INDIAN, INSULAR & ALASKA NATIVE AFFAIRS\07-13-17\26253.TXT OVERSIGHT HEARING ON COMPARING 21ST CENTURY TRUST LAND ACQUISITION WITH THE INTENT OF THE 73RD CONGRESS IN SECTION 5 OF THE INDIAN REORGANIZA- TION ACT Thursday, July 13, 2017 U.S. House of Representatives Subcommittee on Indian, Insular and Alaska Native Affairs Committee on Natural Resources Washington, DC The Subcommittee met, pursuant to notice, at 10:07 a.m., in room 1324, Longworth House Office Building, Hon. Doug LaMalfa [Chairman of the Subcommittee] presiding. Present: Representatives LaMalfa, Denham, Radewagen, Bergman, Bishop; Torres, Gallego, Soto, Hanabusa, and Grijalva. Mr. LAMALFA. The Subcommittee on Indian, Insular and Alaska Native Affairs will come to order. The Subcommittee is meeting today to hear testimony on comparing 21st century trust land acquisition with the intent of the 73rd Congress and Section 5 of the Indian Reorganization Act. Under Committee Rule 4(f) any oral opening statements at hear- ings are limited to the Chairman, the Ranking Minority Member, and the Vice Chair. This will allow us to hear from our witnesses sooner, and help Members keep to their schedules. Therefore, I ask unanimous consent that all other Members’ opening statements be made part of the hearing record if they are submitted to the Subcommittee Clerk by 5:00 p.m. today. Without objection, so ordered. STATEMENT OF THE HON. DOUG LAMALFA, A REPRESENTA- TIVE IN CONGRESS FROM THE STATE OF CALIFORNIA Mr. LAMALFA. The purpose of today’s hearing is to discuss how to resolve Carcieri v. Salazar, and how to address issues con- cerning Federal fee-to-trust policy. Carcieri was a lawsuit disputing the scope of the power of the Secretary of the Interior to take land into trust for tribes under the Indian Reorganization Act of 1934, or the IRA. Resolved by the Supreme Court in 2009, a majority of the Justices held that the Secretary of the Interior may put land into trust for tribes under the IRA only if the tribes were under Federal jurisdiction in 1934. This has called into question the status of lands previously taken in trust for tribes affected by the court’s opinion, and it brings up issues relating to the Secretary’s broad power under this Act. Moreover, the meaning of ‘‘under Federal jurisdiction’’ was not precisely defined by the court. Trust land is critical for tribes to exercise their unique powers of self-government, making resolution of Carcieri critical in order (1) VerDate Mar 15 2010 10:44 Sep 18, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6602 J:\115TH CONGRESS\INDIAN, INSULAR & ALASKA NATIVE AFFAIRS\07-13-17\26253.TXT 2 to provide certainty for them as they plan their tribal economies and govern their lands and members. To begin the discussion, we will hear testimony representing a variety of perspectives, beginning with the Department of the Interior. We will also hear from a witness representing a number of feder- ally recognized tribes who say the administrative procedures the Secretary imposes on the acquisition of land in trust are very rig- orous, and that changes to the IRA are not justified. We will also hear from a mayor of a town in Connecticut that has had to deal with the placement of lands in trust in his jurisdiction. And finally, we will hear from a private attorney who has testi- fied before the Committee in the past, and brings his own perspec- tive on what Congress intended when it wrote the IRA. It is hoped that after today we can consult with tribes and other interested parties on how best to resolve the issues posed in the Carcieri v. Salazar case. [The prepared statement of Mr. LaMalfa follows:] PREPARED STATEMENT OF THE HON. DOUG LAMALFA, CHAIRMAN, SUBCOMMITTEE ON INDIAN, INSULAR AND ALASKA NATIVE AFFAIRS The purpose of today’s hearing is to discuss how to resolve Carcieri v. Salazar and how to address issues concerning Federal fee-to-trust policy. Carcieri was a lawsuit disputing the scope of the power of the Secretary of the Interior to take land in trust for tribes under the Indian Reorganization Act of 1934, or ‘‘IRA.’’ Resolved by the Supreme Court in 2009, a majority of the Justices held that the Secretary of the Interior may put land in trust for tribes under
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