The controversial Carcieri Supreme Court decision that bars any tribe not recognized after 1934 from taking land into trust is being addressed by a California senator—with negative reactions from tribes.
Several senators and congressmen have proposed a fix to the Carcieri decision, but most of them would permit tribes, under specific circumstances, to take land into trust for gaming purposes. A new proposal by Senator Dianne Feinstein (D-California) would prohibit tribes from taking any land into trust for gaming purposes, no matter when they were recognized.
While Feinstein’s plans about introducing the “fix” were uncertain, it has raised the ire of several tribes.
Feinstein has long been opposed to expanded gaming in the San Francisco Bay area, where several tribes have proposals in to the federal government to take land into trust. As chairwoman of the Appropriations Committee, Feinstein has blocked other bills designed to permit land into trust for gaming purposes, including one by Senate Indian Affairs Committee Chairman Byron Dorgon.
Experts are concerned that Feinstein will attempt to bury her proposal into a huge appropriations bill that would come up after the midterm elections in the so-called “lame-duck” session.