II 

118TH CONGRESS 

1ST SESSION S. 563 

To amend the Act of June 18, 1934, to reaffirm the authority of the 

Secretary of the Interior to take land into trust for Indian Tribes, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28, 2023 

Mr. TESTER (for himself, Mr. MORAN, Ms. SMITH, Mr. WYDEN, Mr. KELLY, 

Mr. LUJA ́N, Mr. TUBERVILLE, Mrs. MURRAY, Mr. PADILLA, Ms. CORTEZ

MASTO, Mr. HEINRICH, Ms. WARREN, and Mr. SCHATZ) introduced the 

following bill; which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into 

trust for Indian Tribes, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AUTHORITY REAFFIRMED. 

4 (a) REAFFIRMATION.— 

5 (1) IN GENERAL.—Section 19 of the Act of 

6 June 18, 1934 (commonly known as the ‘‘Indian Re7 organization Act’’) (48 Stat. 988, chapter 576; 25 

8 U.S.C. 5129), is amended in the first sentence— 


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•S 563 IS

1 (A) by striking ‘‘The term’’ and inserting 

2 ‘‘Effective beginning on June 18, 1934, the 

3 term’’; and 

4 (B) by striking ‘‘any recognized Indian 

5 tribe now under Federal jurisdiction’’ and in6 serting ‘‘any federally recognized Indian tribe’’. 

7 (2) EFFECTIVE DATE.—The amendments made 

8 by paragraph (1) shall take effect as if included in 

9 the Act of June 18, 1934 (48 Stat. 984, chapter 

10 576; 25 U.S.C. 5101 et seq.) (commonly known as 

11 the ‘‘Indian Reorganization Act’’), on the date of the 

12 enactment of that Act. 

13 (b) RATIFICATION AND CONFIRMATION OF AC14 TIONS.—Any action taken by the Secretary of the Interior 

15 pursuant to the Act of June 18, 1934 (commonly known 

16 as the ‘‘Indian Reorganization Act’’) (48 Stat. 984, chap17 ter 576; 25 U.S.C. 5101 et seq.), for any Indian Tribe 

18 that was federally recognized on the date of the action is 

19 ratified and confirmed, to the extent such action is sub20 jected to challenge based on whether the Indian Tribe was 

21 federally recognized or under Federal jurisdiction on June 

22 18, 1934, as if the action had, by prior Act of Congress, 

23 been specifically authorized and directed. 

24 (c) EFFECT ON OTHER LAWS.— 


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•S 563 IS

1 (1) IN GENERAL.—Nothing in this section or 

2 the amendments made by this section affects— 

3 (A) the application or effect of any Federal 

4 law other than the Act of June 18, 1934 (com5 monly known as the ‘‘Indian Reorganization 

6 Act’’) (48 Stat. 984, chapter 576; 25 U.S.C. 

7 5101 et seq.), as amended by subsection (a); or 

8 (B) any limitation on the authority of the 

9 Secretary of the Interior under any Federal law 

10 or regulation other than the Act of June 18, 

11 1934 (commonly known as the ‘‘Indian Reorga12 nization Act’’) (48 Stat. 984, chapter 576; 25 

13 U.S.C. 5101 et seq.), as amended by subsection 

14 (a). 

15 (2) REFERENCES IN OTHER LAWS.—An express 

16 reference to the Act of June 18, 1934 (commonly 

17 known as the ‘‘Indian Reorganization Act’’) (48 

18 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq.), 

19 contained in any other Federal law shall be consid20 ered a reference to that Act as amended by sub21 section (a). 

Æ 


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