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Indian Affairs Committee Talks Carcieri and Patchak Decisions

Steve Mohan in Native Currents. Discussion »

WASHINGTON – After several weeks off, the US Senate Committee on Indian Affairs is back. They have scheduled an oversight hearing that will address the administrative burdens and negative impacts of the Carcieri and Patchak decisions.

US Senate Committee on Indian Affairs

The Carcieri v. Salazar was a case in 2009 that the US Supreme Court ruled that the Indian Reorganization Act of 1934 line of now under Federal jurisdiction only referred to tribes that were recognized by the federal government before 1934. This means that the government could not take land into trust for any tribe that became recognized after 1934. This is a major problem with many tribes being affected by this problem.

The Patchak decision was one that involved David Patchak who is a man who lived near the property that is now the Gun Lake Casino in Michigan. He was trying to halt the construction of the casino saying it will bring unwanted crime and traffic to his neighborhood. The Supreme Court recently said that his case has merit and can continue in lower court. The basis for the Patchak case is that the Gun Lake Band of Pottawatomi were not recognized as a tribe at the time of the Indian Reorganization Act of 1934 and the land should not have been given to them.

The Indian Reorganization Act of 1934 has helped many tribes throughout the years and these developments severely hinder many tribes and their ability to be granted land by the government.