Rob Bishop: “I raise a point of order against section 128--that is, page 71, lines 19 through 25--of an otherwise excellent H.R. 5538…”

“I raise a point of order against section 128--that is, page 71, lines 19 through 25--of an otherwise excellent H.R. 5538 for failure to comply with clause 2 of rule XXI. This provision proposes to construe existing law by approving after the fact certain actions of the Secretary of the Interior found to violate section 5 of the Indian Reorganization Act of 1939 by the Supreme Court in the case of Carcieri v. Salazar. That case held that lands taken into trust by the Secretary of the Interior for tribes that were not federally recognized on June 18, 1934, were invalid. This constitutes legislation on an appropriations bill in violation of clause 2 of rule XXI. I ask for a ruling from the Chair. The CHAIR. Does any other Member wish to be heard on the point of order? The Chair recognizes the gentlewoman from Minnesota. Ms. McCOLLUM. Mr. Chairman, if I could ask Chairman Bishop to a question, I just want to be clear. Is the chairman planning on moving the Carcieri language that has been in his committee for quite a while? The CHAIR. The gentlewoman may argue on the point of order only. Ms. McCOLLUM. Oh, I am sorry. Thank you. The CHAIR. Does any other Member wish to be heard on the point of order? The Chair is prepared to rule. The Chair finds that this provision construes existing law by deeming specified lands to be trust land. The provision, therefore, constitutes legislation in violation of clause 2 of rule XXI.…”