THE NAVAJO NATION
LEGISLATIVE BRANCH
INTERNET PUBLIC REVIEW PUBLICATION
LEGISLATION NO: _0394-15_____
SPONSOR: Walter Phelps
TITLE: An Action Relating To Na’bik’iyati’ Committee; Supporting U.S. Senate Bill S.
732 and U.S. House of Representatives Bill H.R. 407 To Amend the Act of June 18, 1934,
To Reaffirm the Authority of the Secretary of the Interior To Take Lands Into Trust for
Indian Tribes
Date posted: November 24, 2015 at 4:03pm
Digital comments may be e-mailed to [email protected]
Written comments may be mailed to:
Executive Director
Office of Legislative Services
P.O. Box 3390
Window Rock, AZ 86515
(928) 871-7590
Comments may be made in the form of chapter resolutions, letters, position
papers, etc. Please include your name, position title, address for written
comments; a valid e-mail address is required. Anonymous comments will not
be included in the Legislation packet.
Please note: This digital copy is being provided for the benefit of the Nav, ajo Nation chapters
and public use. Any political use is prohibited. All written comments received become the
property of the Navajo Nation and will be forwarded to the assigned Navajo Nation Council
standing committee(s) and/or the Navajo Nation Council for review. Any tampering with public
records are punishable by Navajo Nation law pursuant to 17 N.N.C. §374 et. seq.
LEGISLATIVE SUMMARY SHEET
TrackingNo. () 3 GI4 - J5
DATE:
ovember 20,2015
TITLE OF RESOLUTION: A ACTION RELATING TO NAABIK'IYATI'
COMMITTEE; SUPPORTING U.S. SENATE BILL S. 732 A D U.S . HOUSE OF
REPRESE T ATIVES BILL H.R. 407 TO AMEND THE ACT OF JUNE 18, 1934, TO
REAFFIRM THE AUTHORITY OF THE SECRETARY OF THE INTERIOR TO TAKE
LANDS INTO TRUST FOR INDIAN TRIBES
PURPOSE: This resolution, if approved, will support certain U.S. Congressional bills that
reaffirm the authority of the U.S. Secretary of the Interior to take lands into trust for Indian
tribes, including the Navajo ation.
This written summary does not address recommended amendments as may be provided by
the standing committee. The Office of Legislative Counsel requests each committee
member to review the proposed resolution in detail.
OLC No . 15-610-1
5-DAYBill HOLD PERIOD: ~
Website Posti gnme/Date: J
PostingEnd D te:
I I ~q /5"
I
Eligible for A ion:
Naa'bik'fy~ti'
1/ a0II fJ
1
PROPOSED STANDfNG COMMITTEE RESOLUTION
2
23rd NAVAJO NATION COUNCIL-FIRST YEAR, 2015
3
INTRODUCED BY
4
~
5
- f:r/,.if.;,/Wr-)
Primary Spon or
6
TRACKfNG NO.
7
O?JQL/-1 s-
8
9
AN ACTION
10
RELATING TO NAABIK'IY ATI' COMMITTEE; SUPPORTING U.S. SENATE BILL S.
11
732 AND U.S. HOUSE OF REPRESENTATIVES BILL H.R. 407 TO AMEND THE
12
ACT OF JUNE 18, 1934, TO REAFFIRM THE AUTHORITY OF THE SECRETARY OF
13
THE INTERIOR TO TAKE LANDS INTO TRUST FOR INDIAN TRIBES
14
15
WHEREAS:
16
A. The Navajo Nation has a government-to-government relationship with the federal
17
government.
18
B. Statements of policy must be reviewed and approved by resolution by the appropriate
19
standing committee(s) and the Navajo Nation Council except as otherwise provided
20
herein. 2 N.N.C. § 164 (A). Statements of policy are written statements submitted to
21
federa l, state or local governments by a Navajo Nation official stating the official
22
position of the Navajo Nation on proposed legislation or other action by that
23
government. 2 N.N .C. § 11 O(W).
24
C. The Navajo Nation established the Naabik'iyati' Committee as a Navajo Nation
25
Council standing committee and as such empowered Naabik'iyati' Committee to
26
coordinate with all committees, ... branches, and entities concerned with all Navajo
27
appearances and testimony before Congressional committees, departments of the
28
United States government. 2 N.N.C. §§ 700 (A), 701 (A)(8) (2012); see also C0-45-12.
29
30
Page I of3
15-610-l
mmittee
D. The Indian Reorganization Act, enacted by Congress in 1934, authorized the Secretary
2
of the Interior to acquire land and hold it in trust for the purpose of providing land for
3
Indians. 25 U.S .C. § 465 .
4
E. The U.S. Supreme Court in the matter of Carcieri v. Salazar, took up the case of the
5
Narragansett Tribe's request to place its acquired land into trust status and the Court
6
held that because the term "now under federal jurisdiction" in the Indian
7
Reorganization Act unambiguously refers to those tribes that were under federal
8
jurisdiction when the Indian Reorganization Act was enacted, and because the
9
arragansett Tribe was not under federal jurisdiction in 1934, the Secretary does not
10
have the authority to take the Tribe's land into trust. Carcieri, et al. v. Salazar, et al. ,
11
555 U.S . 39 (2009).
12
F. U.S. Senate Bill S. 732 and U.S. House of Representatives Bill H.R. 407 proposes to
13
remedy the Carcieri decision by amending the Indian Reorganization Act to apply to all
14
federally recognized Indian tribes, regardless of when any tribe became recognized.
15
Attached as Exhibits A and B, respectively.
16
G. U.S. Senate Bill S. 1879 also addresses a remedy to the Carcieri decision; however, S.
17
1879 includes a number of additional conditions on the Secretary of the Interior in
18
considering a tribe's application for land into trust most notably encouragmg
19
cooperative agreements with contiguous jurisdictions which includes any county,
20
county equivalent, or Indian tribe with authority and control over land contiguous to the
21
land under consideration in the application, and such additional considerations are not
22
in the best interest of the Navajo
ation.
23
H. Previous U.S. Congressional bills, regarding lands into trust, proposed a condition that
24
lands into trust could only be accomplished through an Act of Congress; this condition
25
is not in the best interest of the
26
I.
The
avajo
ation.
avajo Nation, though the Navajo-Hopi Land Commission and other entities,
27
selects lands and land exchanges for the benefit of the Navajo People to be included in
28
the
29
Congressional bills, U.S. Senate Bill S. 732 and U.S . House of Representatives Bill
30
H.R. 407.
avaJO
ation' s trust property and would benefit from the passage of the
Page2of3
15-610-1
J. It is in the best interest of the
2
avaJO
ation to support the Congressional bills that will
address the Secretary of the Interior's authority to place lands into trust for tribes.
3
4
5
NOW THEREFORE, BE IT RESOLVED:
A. The Navajo
ation supports U.S. Senate Bill S. 732 and U.S. House of
6
Representatives Bill H.R. 407 for their intended purpose of providing the Secretary of
7
the Interior the authorization to take lands into trust for Indian tribes.
8
9
10
B. The Navajo
ation hereby authorizes the Navajo Nation President, the Navajo Nation
Speaker, and their designees, to advocate for and in support of the aforementioned
Congressional bills.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Page 3 of3
15-610-1