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: 118-hr-1208
Sponsor: full_name: Rep. Cole, Tom [R-OK-4]
Introduced: 2023-02-27
Policy area: Native Americans
Subjects: Federal-Indian relations

Indian lands and resources rights
Latest action: action_date: 2024-06-26
text: Subcommittee Hearings Held

Summaries:
action_date: 2023-02-27
action_desc: Introduced in House
text: <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>

tv_txt: I 118th CONGRESS 1st Session H. R. 1208 IN THE HOUSE OF REPRESENTATIVES February 27, 2023 Mr. Cole (for himself, Ms. McCollum , Mr. Rogers of Alabama , Mr. Gallego , Ms. Davids of Kansas , Ms. Moore of Wisconsin , Mr. Grijalva , Ms. Stansbury , Ms. Leger Fernandez , Mr. LaMalfa , and Mr. Carl ) introduced the following bill; which was referred to the Committee on Natural Resources 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.

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).