II 

Calendar No. 405 

112TH CONGRESS 

2D SESSION S. 676 

[Report No. 112–166] 

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 

MARCH 30, 2011 

Mr. AKAKA (for himself, Mr. CONRAD, Mr. FRANKEN, Mr. INOUYE, Mr. 

JOHNSON of South Dakota, Mr. KERRY, Mr. TESTER, Mr. UDALL of 

New Mexico, Mr. BAUCUS, and Ms. STABENOW) introduced the following 

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

MAY 17, 2012 

Reported by Mr. AKAKA, with an amendment 

[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, 

3 SECTION 1. MODIFICATION OF DEFINITION. 

4 (a) MODIFICATION.— 


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1 (1) IN GENERAL.—The first sentence of section 

2 19 of the Act of June 18, 1934 (commonly known 

3 as the ‘‘Indian Reorganization Act’’) (25 U.S.C. 

4 479), is amended— 

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

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

7 term’’; and 

8 (B) by striking ‘‘any recognized Indian 

9 tribe now under Federal jurisdiction’’ and in10 serting ‘‘any federally recognized Indian tribe’’. 

11 (2) EFFECTIVE DATE.—The amendments made 

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

13 the Act of June 18, 1934 (commonly known as the 

14 ‘‘Indian Reorganization Act’’) (25 U.S.C. 479), on 

15 the date of enactment of that Act. 

16 (b) RATIFICATION AND CONFIRMATION OF PRIOR

17 ACTIONS.—Any action taken by the Secretary of the Inte18 rior pursuant to the Act of June 18, 1934 (commonly 

19 known as the ‘‘Indian Reorganization Act’’) (25 U.S.C. 

20 461 et seq.), for any Indian tribe that was federally recog21 nized on the date of that action is ratified and confirmed, 

22 to the extent that the action is challenged based on the 

23 question of whether the Indian tribe was federally recog24 nized or under Federal jurisdiction on June 18, 1934, as 


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1 if the action had, by prior act of Congress, been specifi2 cally authorized and directed. 

3 (c) EFFECT ON OTHER LAWS.— 

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

5 amendments made by this Act affects— 

6 (A) the application or effect of any Federal 

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

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

9 (a)); or 

10 (B) any limitation on the authority of the 

11 Secretary of the Interior under any Federal law 

12 or regulation other than the Act of June 18, 

13 1934 (25 U.S.C. 461 et seq.) (as so amended). 

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

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

16 461 et seq.), contained in any other Federal law 

17 shall be considered to be a reference to that Act as 

18 amended by subsection (a). 

19 (d) STUDY; PUBLICATION.— 

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

21 conduct, and submit to Congress a report describing 

22 the results of, a study that— 

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

24 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) and by not later than 1 year 

7 after the date of enactment of this Act, the Secretary 

8 of the Interior shall publish 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. 


srobinson on DSK4SPTVN1PROD with BILLS

srobinson on DSK4SPTVN1PROD with BILLS
Calendar No. 405 

112TH CONGRESS 

2D SESSION S. 676 

[Report No. 112–166] 

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 

MAY 17, 2012 

Reported with an amendment 


srobinson on DSK4SPTVN1PROD with BILLS