II 

Calendar No. 515 

111TH CONGRESS 

2D SESSION S. 1703 

[Report No. 111–247] 

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. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24, 2009 

Mr. DORGAN (for himself, Mr. TESTER, Mr. INOUYE, Mr. AKAKA, Mr. BAUCUS, Mr. UDALL of New Mexico, Mr. BINGAMAN, Mr. FRANKEN, Ms. 

LANDRIEU, Ms. STABENOW, and Mr. LEMIEUX) introduced the following 

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

AUGUST 5, 2010 

Reported by Mr. DORGAN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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. 

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


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•S 1703 RS

1 SECTION 1. MODIFICATION OF DEFINITION. 

2 (a) IN GENERAL.—Section 19 of the Act of June 18, 

3 1934 (commonly known as the ‘‘Indian Reorganization 

4 Act’’) (25 U.S.C. 479), is amended— 

5 (1) in the first sentence— 

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

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

8 term’’; and 

9 (B) by striking ‘‘any recognized Indian 

10 tribe now under Federal jurisdiction’’ and in11 serting ‘‘any federally recognized Indian tribe’’; 

12 and 

13 (2) by striking the third sentence and inserting 

14 the following: ‘‘In this section, the term ‘Indian 

15 tribe’ means any Indian or Alaska Native tribe, 

16 band, nation, pueblo, village, or community that the 

17 Secretary of the Interior acknowledges to exist as an 

18 Indian tribe.’’. 

19 is amended in the first sentence— 

20 (1) by striking ‘‘The term’’ and inserting ‘‘Effec21 tive beginning on June 18, 1934, the term’’; and 

22 (2) by striking ‘‘any recognized Indian tribe now 

23 under Federal jurisdiction’’ and inserting ‘‘any feder24 ally recognized Indian tribe’’. 

25 (b) EFFECTIVE DATE.—The amendments made by 

26 subsection (a) shall take effect as if included in the Act 


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•S 1703 RS

1 of June 18, 1934 (commonly known as the ‘‘Indian Reor2 ganization Act’’) (25 U.S.C. 479), on the date of enact3 ment of that Act. 

4 (c) EFFECT ON OTHER LAWS.— 

5 (1) IN GENERAL.—Nothing in this Act or the 

6 amendments made by this Act affects— 

7 (A) the application or effect of any Federal 

8 law other than the Act of June 18, 1934 (25 

9 U.S.C. 461 et seq.) (as amended by subsection 

10 (a)); or 

11 (B) any limitation on the authority of the 

12 Secretary of the Interior under any Federal law 

13 or regulation other than the Act of June 18, 1934 

14 (25 U.S.C. 461 et seq.) (as so amended). 

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

16 reference to the Act of June 18, 1934 (25 U.S.C. 461 

17 et seq.), contained in any other Federal law shall be 

18 considered to be a reference to that Act as amended 

19 by subsection (a). 

20 (d) STUDY; PUBLICATION.— 

21 (1) STUDY.—The Secretary of the Interior shall 

22 conduct, and submit to Congress a report describing 

23 the results of, a study that— 

24 (A) assesses the effects of the decision of the 

25 Supreme Court in the case styled Carcieri v. 


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1 Salazar (129 S. Ct. 1058) on Indian tribes and 

2 tribal land; and 

3 (B) includes a list of each Indian tribe and 

4 parcel of tribal land affected by that decision. 

5 (2) PUBLICATION.—On completion of the report 

6 under paragraph (1), the Secretary of the Interior 

7 shall publish, by not later than 1 year after the date 

8 of enactment of this Act, the list described in para9 graph (1)(B)— 

10 (A) in the Federal Register; and 

11 (B) on the public website of the Department 

12 of the Interior. 


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Calendar No. 515 

111TH CONGRESS 

2D SESSION S. 1703 

[Report No. 111–247] 

A BILL 

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

take land into trust for Indian tribes. the authority of the Secretary of the Interior to 

AUGUST 5, 2010 

Reported with amendments 


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