This bill authorizes the Department of the Interior to take land into trust for all federally recognized Indian tribes.
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 Carcieri v. Salazar, 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.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1208 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1208
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
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.
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 (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).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Indian and Insular Affairs .
Subcommittee Hearings Held
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