This 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 the Department of the 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.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 375 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 375
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
January 9, 2019
Mr. Cole (for himself and Ms. McCollum) 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) Reaffirmation.--Section 19 of the Act of June 18, 1934
(commonly known as the ``Indian Reorganization Act''; 25 U.S.C. 5129),
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 said sections, 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.''.
(b) 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. 5129), on the date of the
enactment of that Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee for Indigenous Peoples of the United States.
Subcommittee Hearings Held.
Subcommittee for Indigenous Peoples of the United States Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 29 - 7.
Mr. Grijalva moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H3813-3816)
DEBATE - The House proceeded with forty minutes of debate on H.R. 375.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
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Considered as unfinished business. (consideration: CR H3824-3825)
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 323 - 96 (Roll no. 208).(text: CR H3813)
Roll Call #208 (House)On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 323 - 96 (Roll no. 208). (text: CR H3813)
Roll Call #208 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Indian Affairs.