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Indian Nations Law Update - July 2017

July 21, 2017

Congressional hearing targets fee to trust 

The House Subcommittee Indian, Insular and Alaska Native Affairs held a hearing July 13, on the topic “Comparing 21st Century Trust Land Acquisition with the intent of the 73rd Congress in Section 5 of the Indian Reorganization Act.” Topics addressed included (1) whether the Secretary has implemented the original intent of Congress in its enactment of Section 5 of the IRA and in accordance with Carcieri v. Salazar, and (2) whether Congress should require the Secretary to apply any standards or criteria on the acquisition of land in trust, or leave all discretion to the Secretary. Three of the four witnesses, including Interior’s Associate Deputy Secretary James Cason, favored new congressional limits on the fee-to-trust process.

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