2021: Schweikert Voted Against 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, Schweikert voted against 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]