Amends the Act commonly known as the Indian Reorganization Act to except lands in Alaska from the Secretary of the Interior's authority to acquire any interest in lands, water rights, or surface rights to lands, within or without existing reservations, for the purpose of providing land for Indians.
Applies that Act to all federally recognized Indian tribes, regardless of when any tribe became recognized. (This effectively overrules the Supreme Court's decision in Carcieri v. Salazar, which held that the Secretary could not take land into trust for a specified tribe because that tribe had not been under federal jurisdiction when the Act was enacted.)
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1291 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1291
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 HOUSE OF REPRESENTATIVES
March 31, 2011
Mr. Cole 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AUTHORITY REAFFIRMED.
(a) Clarification.--Section 5 of the Act of June 18, 1934 (commonly
known as the ``Indian Reorganization Act''; 25 U.S.C. 465), is amended
in the first sentence by striking ``The Secretary'' and inserting
``Except in Alaska, the Secretary''.
(b) Reaffirmation.--Section 19 of the Act of June 18, 1934
(commonly known as the ``Indian Reorganization Act''; 25 U.S.C. 479),
is amended--
(1) 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''; and
(2) by striking the third sentence and inserting the
following: ``In this section, the term `Indian tribe' means any
Indian or Alaska Native tribe, band, nation, pueblo, village,
or community that the Secretary of the Interior acknowledges to
exist as an Indian tribe.''.
(c) Effective Date.--The amendments made by this section 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee Indian and Alaska Native Affairs.
Subcommittee Hearings Held.
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