Schwarzenegger opposes Lytton land-into-trust
Monday, October 26, 2009
Filed Under:
Law
|
Trust
California
Gov. Arnold Schwarzenegger (R) says the
U.S. Supreme Court
decision in
Carcieri
v. Salazar bars the Lytton Band of Pomo Indians from following the land-into-trust process.
The tribe was terminated by an act of Congress in 1958. Congress restored the tribe to federal status in 1991 but Schwarzenneger says that's too late.
“From the facts available to the Governor’s Office, it appears that Lytton was not federally recognized until 1991 and not under federal jurisdiction in 1934. If these facts are accurate, then it appears that the Secretary of the Interior lacks the authority to take land in trust for Lytton,” Andrea Lynn Hoch, the governor’s legal affairs secretary, wrote in a letter to the
Interior Department, The Santa Rosa Press-Democrat reported.
The tribe wants 92 acres placed in trust for a housing project and a community center. The
Bureau of Indian Affairs is reviewing the application.
“We don’t have an opinion at this time,” Amy Dutschke, a deputy regional director for the BIA pacific region, told the Press-Democrat. “We haven’t taken a position, nor have we responded to the governor’s office.”
Get the Story:
Gov. questions Lytton tribal plan to build in Windsor
(The Santa Rosa Press-Democrat 10/26)
Land-Into-Trust Fix:
S.1703
|
H.R.3697
|
H.R.3742
Supreme Court Decision:
Syllabus
|
Opinion
[Thomas] |
Concurrence
[Breyer] |
Dissent
[Stevens] |
Concurrence/Dissent
[Souter]
Supreme Court Documents:
Oral
Argument Transcript |
Briefs
Related Stories:
Byron Dorgan: Urgent fix to land-into-trust
ruling (10/22)
Towns in Connecticut
fight land-into-trust fix (10/14)
Anti-gaming group fights land-into-trust
fix (10/6)
Cole introduces fix to
land-into-trust decision (10/2)
Land-into-trust bill lacks Republican sponsors
(9/29)
Mashpee Wampanoag Tribe
welcomes land fix (9/25)
Dorgan
introduces fix to land-into-trust ruling (9/24)
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