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“INTRODUCTION OF THE LAND-IN-TRUST PUBLIC HEARING ACT” mentioning the Department of Interior was published in the Extensions of Remarks section on pages E2095 on Oct. 9, 2007.
The publication is reproduced in full below:
INTRODUCTION OF THE LAND-IN-TRUST PUBLIC HEARING ACT
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HON. JOHN M. McHUGH
of new york
in the house of representatives
Tuesday, October 9, 2007
Mr. McHUGH. Madam Speaker, I rise today to introduce the Land-In-
Trust Public Hearing Act, which would require the Secretary of the U.S. Department of the Interior to conduct at least one public hearing in the surrounding community before taking land into trust for an Indian tribe.
In April 2005, the Oneida Indian Nation (OIN) applied to the U.S. Department of the Interior's Bureau of Indian Affairs (BIA) to have 17,310 acres in Central New York taken into trust. These lands are located in Madison and Oneida counties, which I represent together with the gentleman from New York, Mr. Arcuri. In fact, I originally introduced similar legislation in the 109th Congress as H.R. 4634 with Mr. Arcuri's predecessor, Mr. Boehlert.
The land-in-trust process is complex and time-consuming. Moreover, its potential impacts on regulatory jurisdiction, property taxes, and special assessments are immense. However, current regulations do not require that the Department of the Interior conduct a public hearing in the area that would be most impacted by the loss of the jurisdiction over the land in question.
This is unfortunate, particularly given the potential consequences of a decision to take land into trust. Thus, very simply, this bill is designed to ensure that the hard-working men and women of areas, like my constituents in Madison and Oneida counties that are the subject to land-in-trust applications have an opportunity and forum to directly and personally provide their comments. It also would require the Department of the Interior to consider the input and statements received at that hearing in its decision-making process. While providing such an opportunity would certainly further the interests of justice and equity, it also would enhance the quality of the Department's decisions on land-in-trust applications.
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