House Passes Clean Carcieri Fix on Year-Long CR >>

December 9th, 2010

HOUSE PASSES CLEAN CARCIERI FIX ON YEAR-LONG CR

On December 8, the House of Representatives, by a vote of 212-206, approved a $1.1 trillion continuing resolution (CR) to fund the federal government through September 30, 2011. The bill freezes FY 2011 discretionary appropriations at FY 2010 levels, providing $45.9 billion less than President Obama requested in his Budget back in February for FY 2011.

Importantly to Indian country, the bill includes a provision that would reverse the Supreme Court’s attack on tribal sovereignty in the February 2009 Carcieri v. Salazar decision. The provision would reaffirm the Interior Secretary’s authority to place land into trust for all federally recognized Indian tribes. The provision is identical to the amendment offered by Congressman Tom Cole (R-OK) and approved by the Interior appropriations subcommittee in July of 2010. No provision to amend the Indian Gaming Regulatory Act (IGRA) is included in the CR.

However, this is not the end of the road for FY 2011 spending. The CR now moves to the Senate. In the Senate, if there are the requisite 60 votes, then the Senate will pass an omnibus appropriations bill that would increase FY 2011 spending by $19 billion over FY 2010 levels in lieu of the House-passed CR. In this scenario, the omnibus would then go to the House for passage. If there are not enough votes to pass an omnibus, then the Senate will pass a year-long CR.

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