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.

Subjects: Native Americans, Federal-Indian relations, Indian lands and resources rights

Summary:  <p>This bill authorizes the Department of the Interior to take land into trust for all federally recognized Indian tribes.</p> <p>Specifically, the bill applies the Indian Reorganization Act to all federally recognized Indian tribes, regardless of when a tribe became recognized. The amendments made by this bill are retroactively effective as if included in the Indian Reorganization Act. This effectively overrules the Supreme Court's decision in <i>Carcieri v. Salazar, </i>which held that Interior could not take land into trust for a specified tribe because that tribe had not been under federal jurisdiction when the Indian Reorganization Act was enacted in 1934.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 563 Introduced in Senate (IS)]

&lt;DOC&gt;






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. Lujan, 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.

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

SECTION 1. AUTHORITY REAFFIRMED.

    (a) Reaffirmation.--
            (1) In general.--Section 19 of the Act of June 18, 1934 
        (commonly known as the ``Indian Reorganization Act'') (48 Stat. 
        988, chapter 576; 25 U.S.C. 5129), is amended in the first 
        sentence--
                    (A) by striking ``The term'' and inserting 
                ``Effective beginning on June 18, 1934, the term''; and
                    (B) by striking ``any recognized Indian tribe now 
                under Federal jurisdiction'' and inserting ``any 
                federally recognized Indian tribe''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect as if included in the Act of June 18, 1934 
        (48 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq.) (commonly 
        known as the ``Indian Reorganization Act''), on the date of the 
        enactment of that Act.
    (b) Ratification and Confirmation of Actions.--Any action taken by 
the Secretary of the Interior pursuant to the Act of June 18, 1934 
(commonly known as the ``Indian Reorganization Act'') (48 Stat. 984, 
chapter 576; 25 U.S.C. 5101 et seq.), for any Indian Tribe that was 
federally recognized on the date of the action is ratified and 
confirmed, to the extent such action is subjected to challenge based on 
whether the Indian Tribe was federally recognized or under Federal 
jurisdiction on June 18, 1934, as if the action had, by prior Act of 
Congress, been specifically authorized and directed.
    (c) Effect on Other Laws.--
            (1) In general.--Nothing in this section or the amendments 
        made by this section affects--
                    (A) the application or effect of any Federal law 
                other than the Act of June 18, 1934 (commonly known as 
                the ``Indian Reorganization Act'') (48 Stat. 984, 
                chapter 576; 25 U.S.C. 5101 et seq.), as amended by 
                subsection (a); or
                    (B) any limitation on the authority of the 
                Secretary of the Interior under any Federal law or 
                regulation other than the Act of June 18, 1934 
                (commonly known as the ``Indian Reorganization Act'') 
                (48 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq.), as 
                amended by subsection (a).
            (2) References in other laws.--An express reference to the 
        Act of June 18, 1934 (commonly known as the ``Indian 
        Reorganization Act'') (48 Stat. 984, chapter 576; 25 U.S.C. 
        5101 et seq.), contained in any other Federal law shall be 
        considered a reference to that Act as amended by subsection 
        (a).
                                 &lt;all&gt;
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