Poarch Band of Creek Indians Lands Act
This bill applies the Indian Reorganization Act (IRA) to the Poarch Band of Creek Indians. Additionally, the bill reaffirms previous decisions by the Department of the Interior to take land into trust for the tribe under the IRA.
A 2009 Supreme Court case, Carcieri v. Salazar, decided that Interior could not take land into trust for a specified tribe because that tribe had not been under federal jurisdiction when the IRA was enacted in 1934. This bill (1) affirms the applicability of the IRA to the Poarch Band of Creek Indians, thereby deeming the tribe to be under federal jurisdiction as of June 18, 1934, for purposes of the IRA; and (2) reaffirms prior decisions by Interior to take land into trust for the benefit of the tribe.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6180 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6180
To reaffirm the applicability of the Indian Reorganization Act to the
Poarch Band of Creek Indians, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 2, 2023
Mr. Carl (for himself, Mr. LaMalfa, Ms. Davids of Kansas, Ms. Moore of
Wisconsin, Mr. Moore of Alabama, Ms. Sewell, Mr. Cole, Mr. Rogers of
Alabama, and Mr. Strong) introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To reaffirm the applicability of the Indian Reorganization Act to the
Poarch Band of Creek Indians, 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. SHORT TITLE.
This Act may be cited as the ``Poarch Band of Creek Indians Lands
Act''.
SEC. 2. APPLICABILITY OF INDIAN REORGANIZATION ACT.
(a) In General.--For the purposes of the Act of June 18, 1934
(commonly known as the ``Indian Reorganization Act''; 25 U.S.C. 5101 et
seq.), the Poarch Band of Creek Indians is deemed to be a recognized
Indian tribe now under Federal jurisdiction.
(b) Lands Taken Into Trust.--All lands taken into trust by the
United States for the benefit of the Poarch Band of Creek Indians prior
to the date of enactment of this section are reaffirmed as trust land,
and the actions of the Secretary of the Interior in taking such lands
into trust under the Indian Reorganization Act are ratified and
confirmed.
(c) Effective Date.--This section shall take effect as if enacted
on June 18, 1934, and shall apply to all claims, including claims
challenging the validity of title or the effectiveness of any action of
the Secretary acquiring and taking land described in subsection (a)
into trust, that are pending on the date of enactment of this section,
or that are filed on or after that date.
<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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