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.

Bill: 114-s-732
Sponsor: full_name: Sen. Tester, Jon [D-MT]
Introduced: 2015-03-12
Policy area: Native Americans
Subjects: Federal-Indian relations

Indian lands and resources rights
Latest action: action_date: 2015-03-12
text: Read twice and referred to the Committee on Indian Affairs.

Summaries:
action_date: 2015-03-12
action_desc: Introduced in Senate
text: <p>Amends the Indian Reorganization Act to apply the Act to all federally recognized Indian tribes, regardless of when any tribe became recognized. (This effectively overrules the Supreme Court's decision in <i>Carcieri v. Salazar, </i>which held that the Secretary of the Interior could not take land into trust for a specified tribe because that tribe had not been under federal jurisdiction when the Act was enacted.)</p> <p>Ratifies and confirms any action taken by the Secretary pursuant to such Act for any Indian tribe that was federally recognized on the date of that action.</p>

tv_txt: II 114th CONGRESS 1st Session S. 732 IN THE SENATE OF THE UNITED STATES March 12, 2015 Mr. Tester (for himself, Mr. Moran , Mr. Franken , Mr. Heinrich , Ms. Heitkamp , Mrs. Murray , Ms. Stabenow , and Mr. Udall ) 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.

1. Reaffirmation of authority (a) Modification (1) In general The first sentence of section 19 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ) ( 25 U.S.C. 479 ), is amended— (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 (commonly known as the Indian Reorganization Act ) ( 25 U.S.C. 479 ), on the date of 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 ) ( 25 U.S.C. 461 et seq. ), for any Indian tribe that was federally recognized on the date of that 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 shall affect— (A) the application or effect of any Federal law other than the Act of June 18, 1934 ( 25 U.S.C. 461 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. 461 et seq. ), as so amended. (2) References in other laws An express reference to the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. ), contained in any other Federal law shall be considered to be a reference to that Act as amended by subsection (a).