II 

Calendar No. 540 

113TH CONGRESS 

2D SESSION S. 2188 

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 31, 2014 

Mr. TESTER (for himself, Mr. MORAN, Mr. UDALL of New Mexico, Mr. 

BEGICH, Ms. HEITKAMP, Mrs. MURRAY, Mr. HEINRICH, Mr. WALSH, Mr. 

SCHATZ, Ms. HIRONO, Ms. STABENOW, Mr. FRANKEN, and Mr. BENNET) 

introduced the following bill; which was read twice and referred to the 

Committee on Indian Affairs 

AUGUST 26, 2014 

Reported, under authority of the order of the Senate of August 5 (legislative 

day, August 1), 2014, by Mr. TESTER, 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. REAFFIRMATION OF AUTHORITY. 

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 AC17 TIONS.—Any action taken by the Secretary of the Interior 

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

19 as the ‘‘Indian Reorganization Act’’) (25 U.S.C. 461 et 

20 seq.), for any Indian tribe that was federally recognized 

21 on the date of that action is ratified and confirmed, to 

22 the extent such action is subjected to challenge based on 

23 whether the Indian tribe was federally recognized or under 

24 Federal jurisdiction on June 18, 1934, as if the action 


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1 had, by prior Act of Congress, been specifically authorized 

2 and directed. 

3 (c) EFFECT ON OTHER LAWS.— 

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

5 the amendments made by this section shall affect— 

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. 


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Calendar No. 540 

113TH CONGRESS 

2D SESSION S. 2188 

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 26, 2014 

Reported with an amendment 


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