NACo testifies before Congress on local consultation through tribal land-in-trust process

Key Takeaways

On June 26, Sonoma County, Calif. Supervisor David Rabbitt testified on behalf of NACo before the U.S. House Natural Resources Subcommittee on Indian and Insular Affairs during a hearing on legislation that would clarify the Secretary of the Interior’s authority to place land into trust. This hearing takes place following the Bureau of Indian Affair’s publication of its updated Part 151 land-in-trust regulations in late 2023.

During his testimony, Supervisor Rabbitt emphasized the need for counties to receive adequate advance notice of land-in-trust applications, have actual meaningful consultation with the Bureau of Indian Affairs and, to the extent constitutionally permissible, the consent of the affected counties.

The Indian and Insular Affairs Subcommittee considered two bills during this hearing, one of which would enact a legislative “quick fix” to the U.S. Supreme Court decision in the case of Carcieri v. Salazar. This legislation (H.R. 1208) would reaffirm the authority of the Secretary of the Interior to take land into trust, allowing the Indian Reorganization Act to apply to all federally recognized tribes, regardless of when a tribe became recognized. Supervisor Rabbitt expressed the need for any Carcieri fix to be coupled with much-need, long overdue reforms in the Bureau of Indian Affairs’ land decision-making process that is “broken for all parties, tribes and local governments”.

NACo recognizes and respects the tribal right of self-governance to provide for tribal members and to preserve traditional tribal culture and heritage. In similar fashion, NACo recognizes and promotes self-governance by counties to provide for the health, safety and general welfare of all members of their communities. To that end, NACo supports active participation by counties on issues and activities that have an impact on counties. NACo will continue to engage with lawmakers to ensure counties are able to play a role in this process and will keep members apprised of future developments.

To watch the full hearing, click here.