2021: Fitzpatrick Voted For Clarifying That The 1934 Indian
Reorganization Act Would Apply To All Federally-Recognized Native
American Tribes, Regardless Of When They Were Recognized. In December
2021, Fitzpatrick voted for a bill which would, according to
Congressional Quarterly, "clarify that the 1934 Indian Reorganization
Act, which authorizes the Interior Department to take land into trust
for Indian tribes, applies to any federally-recognized Indian tribe
regardless of date of recognition." The vote was on passage. The House
passed the bill by a vote of 302-127. [House Vote 393,
12/1/21; Congressional
Quarterly, 12/1/21;
Congressional Actions, H.R.
4352]
April 2020: The Trump Administration Revoked The Reservation
Status Of The Mashpee Wampanoag Tribe In Massachusetts And Took
Their 321 Acres Of Land Out Of Federal Trust, Which Stripped Away
Their Rights Of Self-Government. According to Vox, "While Indian
Country was responding to the growing number of coronavirus cases in
its communities late Friday, the Trump administration was busy
revoking the reservation status of the Mashpee Wampanoag tribe in
Massachusetts. By taking their 321 acres of land out of federal
trust, the Interior Department's order also removes the tribe's
ability to govern on its land." [Vox,
4/2/20]
2020: An Appeals Court Ruled That The Mashpee Wampanoag's Land
Should Not Have Been Taken Initially Because They Were Not Under
Federal Jurisdiction When The Indian Reorganization Act Of 1934 Was
Signed Into Law. According to Vox, "The Interior Department's
order is based on an appeals court decision last month that said the
Mashpee Wampanoag --- whose land the pilgrims settled on --- could
not have land taken into trust in the first place. They were not
under federal jurisdiction in 1934 when the Indian Reorganization
Act, which created the concept of trust land, was signed." [Vox,
4/2/20]
According To The Dean Of The University Of Iowa College Of Law And
Chickasaw Nation Citizen, Kevin Washburn, The Supreme Court Ruling
In 2009, Carcieri V. Salazar, Created Two Classes Of Tribes In Which
Only Some Could Have Their Lands Taken Into Federal Trust.
According to Vox, "this appeals court decision was based on a
controversial, and confusing, Supreme Court ruling, Carcieri v.
Salazar in 2009. '[Carcieri] creates two classes of tribes in the
United States, some that can have land in trust and some that
cannot,' Kevin Washburn, dean of the University of Iowa College of
Law, and citizen of the Chickasaw Nation, told Vox." [Vox,
4/2/20]
In Attempting To Address The Uncertainty Created By The Carcieri
Ruling, The Obama Administration Interpreted The Ruling To Allow The
Mashpee Wampanoag Tribe To Be Placed Into Federal Trust In 2015.
According to Vox, "The Obama administration tried to end this
uncertainty about which tribes can put land into trust by creating a
framework to interpret the ruling. Notably, this framework is what
allowed the Mashpee Wampanoag reservation to be placed into trust in
2015." [Vox,
4/2/20]
The Trump Administration Issued A 2018 Rule Under The Bureau Of
Indian Affairs That Stripped The Mashpee Wampanoag Tribe Of Federal
Jurisdiction In 1934. According to Vox, "The Interior Department
even went so far as to issue a new ruling in 2018 saying that the
Bureau of Indian Affairs, under the Interior, did not consider
Mashpee Wampanoag to be under federal jurisdiction in 1934,
reversing the Obama-era policy." [Vox,
4/2/20]
According To Kevin Washburn, Some Tribes Were Worried Under The
Trump Administration Over The Broad Interpretation Of The Carcieri
Ruling And Some Tribes Would Presumably Only Be Able To Be Taken
Into Trust By Congress. According to Vox, "Under these new
interpretations during the Trump administration, other tribes are
worried about the possible ramifications for their own lands. 'There
are some tribes that would not meet the Carcieri requirements, if
you view [them] broadly, so there are presumably some tribes that
cannot have land taken into trust, except by Congress,' said
Washburn." [Vox,
4/2/20]
Congress Previously Filed Legislation To Address The Carcieri
Ruling, But Former President Trump Pressured Congressional
Republicans To Oppose The Legislation After Trump Allies Were
Lobbying For Casinos In Rhode Island While The Mashpee Wampanoag Was
Developing Its Own Casino. According to Vox, "Last May, the House
of Representatives, in a bipartisan vote, approved two companion
bills, H.R. 312, the Mashpee Wampanoag Tribe Reservation
Reaffirmation Act, and H.R. 375, amending legislation to 'fix' the
Carcieri decision. However, before a similar bill could be taken up
in the Senate, President Trump told congressional Republicans not to
vote in favor of H.R. 312. On its reservation land, Mashpee
Wampanoag was developing a casino that was opposed by allies of
Trump who were lobbying for nearby casinos in Rhode Island." [Vox,
4/2/20]