SB 36 – Amending the D.C. Swampland Indemnity Assistant Law

January 3, 2013 by Doug Masson 6 Comments

Senators Banks, Kruse, and Yoder are proposing to amend a venerable piece of law. Senate Bill 36 would amend IC 4-6-7 which appears to have been on the books in its current form since at least 1905. It permits the attorney general to employ an assistant residing in D.C. “to assist him in the presentation and prosecution of claims of the state against the United States, pertaining to swamplands, or swampland indemnity.” As compensation, that assistant can be paid up to 25% of the money he recovers and turns over to the state.

SB 37 would basically gut that law and allow the Attorney General to employ a deputy in the D.C. area to monitor federal legislation and regulations and lobby on behalf of the attorney general with respect to legislation or regulations that might affect Indiana.

I have no idea what impact this would have on the vital swampland indemnity program.

Comments

Carlito Brigante says

January 3, 2013 at 15:07 -05006

I think the word is now wetlands. And the federal laws that encouraged wetlands are more than 100 years old.

As a citzen, I would like a little more background.

Reply
Doug says

January 3, 2013 at 15:48 -05006

Quick Googling led me to 43 USC 981 which reads:

Upon proof by the authorized agent of the State, before the Secretary of the Interior or such officer as he may designate, that any of the lands purchased by any person from the United States, prior to March 2, 1855, were “swamp lands”, within the true intent and meaning of the Act entitled “An Act to enable the State of Arkansas and other States to reclaim the swamp lands within their limits”, approved September 28, 1850, the purchase money shall be paid over to the State wherein said land is situate; and when the lands have been located by warrant or scrip, the said State shall be authorized to locate a like quantity of any of the public lands subject to entry, at $1.25 per acre, or less, and patents shall issue therefor. The decision of the Secretary or such officer shall be first approved by the Secretary of the Interior.

I don’t know off hand if Indiana was one of the “other states” referenced. Without knowing more, I suspect a boondoggle of some sort.

Reply
- PeterW says
  
  January 4, 2013 at 10:32 -05006
  
  Doug, I’m surprised you aren’t more familiar with Art. 8, sec. 2 of the Indiana Constitution.
  
  Reply
  - Doug says
    
    January 4, 2013 at 10:51 -05006
    
    Hah. Never paid attention to that part. Art. 8, sec. 2:
    
    The Common School fund shall consist of . . . All lands that have been, or may hereafter be, granted to the State, where no special purpose is expressed in the grant, and the proceeds of the sales thereof; including the proceeds of the sales of the Swamp Lands, granted to the State of Indiana by the act of Congress of the twenty eighth of September, eighteen hundred and fifty, after deducting the expense of selecting and draining the same;
    
    Reply
Paul K. Ogden says

January 3, 2013 at 17:33 -05006

“SB 37 would basically gut that law and allow the Attorney General to employ a deputy in the D.C. area to monitor federal legislation and regulations and lobby on behalf of the attorney general with respect to legislation or regulations that might affect Indiana.”

I have a concern with the last part of that description. I know AG Zoeller takes the position that he is not only the attorney for the State but is also the client, but he’s wrong. The Governor speaks for the State of Indiana, not the AG. The Governor represents the State. The AG is certainly free to go to Washington, D.C. and lobby for or against legislation as is his First Amendment right. But representing his position as that of the State of Indiana would be wrong. I know it’s a gray line, but I’m afraid it would be crossed.

Reply
knowledge is power says

January 4, 2013 at 4:24 -05006

was this proposed legislation written by B&T, Ice Miller or Faegre BD?

Reply

Comments

Leave a Reply Cancel reply