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.

Amends the Indian Reorganization Act to apply the Act to all federally recognized Indian tribes, regardless of when the tribe became recognized. (This effectively overrules the Supreme Court's decision in Carcieri v. Salazar, which held that the Secretary of the Interior could not take land into trust for a specified tribe because that tribe had not been federally recognized when the Act was enacted in 1934.) Ratifies and confirms any action taken by the Secretary pursuant to the Act for any Indian tribe that was federally recognized on the date of the action.

Directs the Secretary to report to Congress on the effects of Carcieri v. Salazar on Indian tribes and tribal land. Requires the Secretary to publish a list of each Indian tribe and parcel of tribal land affected by that decision in the Federal Register and on the Department of the Interior's website.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2188 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2188

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 31, 2014

   Mr. Tester (for himself, Mr. Moran, Mr. Udall of New Mexico, Mr. 
    Begich, Ms. Heitkamp, Mrs. Murray, Mr. Heinrich, and Mr. Walsh) 
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.

    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 (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).
                                 <all>