Let the panic begin anew

Minnesota Democrat introduces “Carcieri Fix” legislation in the US House of Representatives

By Will Collette

After a new bill was introduced in the US House of Representatives, expect to see more entries on Charlestown Special Counsel for Indian Affairs “Injun Joe” Larisa’s bills to the town for work on the “Carcieri Fix.” Also expect more panicked action e-bleats from the Charlestown Citizens Alliance.

Charlestown is nationally notorious for very few things, which is a good thing, but perhaps the top of the list is our town leadership's long-running feud with the Narragansett Indian Tribe that resulted in the US Supreme Court screwing over 500 Native American tribes when they handed down their 2009 Carcieri v. Salazar decision, considered one of the worst of the Court under Chief Justice John Roberts.

That case originated right here in Charlestown in a fight over whether the Tribe is required to get Charlestown's permission for uses of its own land.

The Court ruled that Congress did not clearly state in its 1934 Indian Reorganization Act that this law was meant to apply equally to all tribes, regardless of when they were recognized. The effect of this decision was to cloud the sovereignty rights of every tribe that achieved federal recognition after 1934. That’s more than 500 tribes, including the Narragansetts.

Since then, various efforts have been made in Congress toward a “Carcieri Fix” which in its simplest form would state that Congress did and still does intend for its laws to apply to everyone. 

The CCA Party is unalterably opposed to a “Carcieri Fix” because they do not want the Narragansett Tribe to have sovereignty over its own lands, even if it means major collateral damage to so many other people. And they don't care.

The CCA Party simply does not trust the Tribe to manage its own property. They claim this position is not racist. Maybe they have a point since the CCA Party doesn't seem to trust anybody in town to manage their own property. But if you look at all the objective evidence, the CCA Party devotes a lot more energy attacking the Tribe than any other group, except maybe Progressive Charlestown.

In each session of Congress since the 2009 Carcieri decision, bills have been introduced in Congress to bring about a “Carcieri Fix.” Some versions are a “clean” fix (i.e. no added provisions other than to clarify Congressional intent) while others were more complicated.

All efforts so far have failed to get close to passage. But that doesn’t stop the CCA Party’s blood pressure from spiking and it doesn’t deter Joe Larisa from his vigilance...and his billable hours.

Here is the media statement issued by Rep. Betsy McCollum (D-MN) who has introduced the latest “Carcieri Fix” legislation in the US House of Representatives. Sen. Jon Tester (D-Montana) has already introduced a Senate version.

Rep. Betsy McCollum (D-MN)

Washington, DC – Last week, Congresswoman Betty McCollum (D-MN) introduced legislation to reaffirm the right of the Secretary of the Interior to take land into trust for all federally recognized Native American tribes.

"In 1934, Congress passed the Indian Reorganization Act, granting all federally recognized tribes the right to enter lands into trust. For decades, Democratic and Republican administrations interpreted that law to mean all tribes which are recognized by the federal government at the time of their trust application. 

"A 2009 Supreme Court ruling in the case of Carcieri v. Salazar has brought doubt about whether or not tribes recognized after the passage of the Indian Reorganization Act in 1934 are granted these rights.  Congresswoman McCollum’s Carcieri fix legislation would restore clarity and stability for all federal tribes, regardless of their date of recognition.

“The federal government has a treaty and trust obligation to all 566 federally recognized tribal nations – and it is disappointing that in recent years we have served that obligation differently based upon when tribes were recognized,” said Congresswoman Betty McCollum. 

“The intent of the original Indian Reorganization Act was clear – to restore and protect tribal homelands for all sovereign tribal nations. Congress clearly did not intend to limit this right based on the date of a tribe’s recognition.   

“A clean legislative fix is necessary to ensure that we are fulfilling one of our country’s most sacred obligations. I look forward to working with my colleagues on both sides of the aisle to see its swift passage.”