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.
Bill: H.R.4352 | Sponsor: Rep. McCollum, Betty (D-MN)
Policy area: Native Americans

Summary:
This bill authorizes the Department of the Interior to take land into trust for all federally recognized Indian tribes.
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 Carcieri v. Salazar, 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.

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. REAFFIRMATION OF AUTHORITY.

    (a) Modification.--
            (1) In general.--The first sentence of section 19 of the 
        Act of June 18, 1934 (25 U.S.C. 5129), is amended--
                    (A) by striking ``The term'' and inserting 
                ``Effective beginning 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 
        (commonly known as the ``Indian Reorganization Act''; 25 U.S.C. 
        5101 et seq.), 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 (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 (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 (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 (25 U.S.C. 5101 et seq.), contained in any 
        other Federal law shall be considered to be a reference to that 
        Act as amended by subsection (a).

            Passed the House of Representatives December 1, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.