House Hearing on Natural Resources Shifts to Tribal Trust Land Policies
In what was originally billed as a hearing on antiquated and ineffective natural resource laws, the House Committee on Natural Resources quickly shifted the debate into a critique on the Indian Reorganization Act of 1934 (IRA): federal legislation that began the process of transferring land and mineral management back to tribes. The IRA allowed tribes to acquire land to be placed into trust for the future and sustained benefit of tribal members. However, recent Supreme Court interpretations of the IRA have sought to limit acquisitions to tribes that held federal recognition in 1934, to the exclusion of a number tribes recognized by the federal government in the past 80 years.
Both House Republicans and the panelists raised concern with the federal government’s placement of land into trust for tribes recognized after the passing of the IRA. Diane Dillon, a Napa County, California Supervisor, went so far as to announce that tribal economies were modern and robust, no longer needing trust land purchases to spur economic development. Her comments seemingly ignore the realities that many Native Americans face living in tribal communities, where unemployment is often more than twice the national average and poverty is the highest among any group.
While some tribes have seen success with gaming, contracting and resource development, the majority of tribal communities lack the geographic positioning to operate a profitable casino, do not possess the employment capacity to pursue federal contracts, and are not in a location of abundant natural resources. In recent years, some tribes have turned to e-commerce, an opportunity with minimal overhead and the ability to reach potential customers across the world via the internet. However, even establishing reliable web connections on reservations remains a significant challenge.
As noted by Indianz.com, the hearing was not attended by any tribal leaders, and none were asked to participate on the panel. With such an important topic up for discussion, it is concerning that tribal views were not represented. After improved relations under the Obama Administration, Native Americans have recently seen considerable federal cuts proposed to Indian Country programs, discussion to end the land-buyback program, and now attacks on the IRA without a single tribal leader at the table. It is unclear whether tribes will be given a voice in future debates on the cornerstones of federal Indian policy.
