What This Bill Does
This bill amends a 1934 law called the Indian Reorganization Act. It confirms that the Secretary of the Interior (the federal official overseeing the Department of the Interior) has the power to place land into trust (a legal arrangement where land is held for the benefit of) for federally recognized Indian Tribes. The bill also approves past actions the Secretary took under this law if those actions are challenged based on whether a Tribe was federally recognized.
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Who It Affects
- Federally recognized Indian Tribes
- The Secretary of the Interior
- Federal agencies that work with Indian Tribes
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Key Provisions
- The bill changes the language in Section 19 of the 1934 Indian Reorganization Act to apply to any "federally recognized Indian tribe" instead of "any recognized Indian tribe now under Federal jurisdiction." (Sec. 1(a)(1)(B))
- Any action the Secretary of the Interior took under the Indian Reorganization Act for a Tribe that was federally recognized on the date of that action is officially approved and confirmed. This approval applies if the action was challenged only based on whether the Tribe was federally recognized or under federal jurisdiction. (Sec. 1(b))
- The changes to the Indian Reorganization Act do not affect other federal laws or limits on the Secretary's authority under those other laws. (Sec. 1(c)(1))
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What Changes
If this bill becomes law, the Secretary of the Interior's authority to take land into trust for federally recognized Indian Tribes will be officially reaffirmed through amended language in the 1934 Indian Reorganization Act. Past actions the Secretary took that were questioned only on the basis of tribal recognition status will be legally confirmed.
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Important Definitions
- **Federally recognized Indian tribe**: A Tribe that has official recognition from the federal government (the bill does not provide a definition; it only states which tribes the law applies to).
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Effective Date
The amendments take effect as if they were included in the original Indian Reorganization Act from June 18, 1934. (Sec. 1(a)(2))
II
118TH CONGRESS
1ST SESSION
S. 563
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 SENATE OF THE UNITED STATES
FEBRUARY 28, 2023
Mr. TESTER (for himself, Mr. MORAN, Ms. SMITH, Mr. WYDEN, Mr. KELLY,
Mr. LUJA´N, Mr. TUBERVILLE, Mrs. MURRAY, Mr. PADILLA, Ms. CORTEZ
MASTO, Mr. HEINRICH, Ms. WARREN, and Mr. SCHATZ) introduced the
following bill; which was read twice and referred to the Committee on In-
dian Affairs
A BILL
To amend the Act of June 18, 1934, to reaffirm the author-
ity 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. AUTHORITY REAFFIRMED.
3
(a) REAFFIRMATION.—
4
(1) IN
GENERAL.—Section 19 of the Act of
5
June 18, 1934 (commonly known as the ‘‘Indian Re-
6
organization Act’’) (48 Stat. 988, chapter 576; 25
7
U.S.C. 5129), is amended in the first sentence—
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•S 563 IS
(A) by striking ‘‘The term’’ and inserting
1
‘‘Effective beginning on June 18, 1934, the
2
term’’; and
3
(B) by striking ‘‘any recognized Indian
4
tribe now under Federal jurisdiction’’ and in-
5
serting ‘‘any federally recognized Indian tribe’’.
6
(2) EFFECTIVE DATE.—The amendments made
7
by paragraph (1) shall take effect as if included in
8
the Act of June 18, 1934 (48 Stat. 984, chapter
9
576; 25 U.S.C. 5101 et seq.) (commonly known as
10
the ‘‘Indian Reorganization Act’’), on the date of the
11
enactment of that Act.
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(b) RATIFICATION
AND
CONFIRMATION
OF
AC-
13
TIONS.—Any action taken by the Secretary of the Interior
14
pursuant to the Act of June 18, 1934 (commonly known
15
as the ‘‘Indian Reorganization Act’’) (48 Stat. 984, chap-
16
ter 576; 25 U.S.C. 5101 et seq.), for any Indian Tribe
17
that was federally recognized on the date of the action is
18
ratified and confirmed, to the extent such action is sub-
19
jected to challenge based on whether the Indian Tribe was
20
federally recognized or under Federal jurisdiction on June
21
18, 1934, as if the action had, by prior Act of Congress,
22
been specifically authorized and directed.
23
(c) EFFECT ON OTHER LAWS.—
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•S 563 IS
(1) IN GENERAL.—Nothing in this section or
1
the amendments made by this section affects—
2
(A) the application or effect of any Federal
3
law other than the Act of June 18, 1934 (com-
4
monly known as the ‘‘Indian Reorganization
5
Act’’) (48 Stat. 984, chapter 576; 25 U.S.C.
6
5101 et seq.), as amended by subsection (a); or
7
(B) any limitation on the authority of the
8
Secretary of the Interior under any Federal law
9
or regulation other than the Act of June 18,
10
1934 (commonly known as the ‘‘Indian Reorga-
11
nization Act’’) (48 Stat. 984, chapter 576; 25
12
U.S.C. 5101 et seq.), as amended by subsection
13
(a).
14
(2) REFERENCES IN OTHER LAWS.—An express
15
reference to the Act of June 18, 1934 (commonly
16
known as the ‘‘Indian Reorganization Act’’) (48
17
Stat. 984, chapter 576; 25 U.S.C. 5101 et seq.),
18
contained in any other Federal law shall be consid-
19
ered a reference to that Act as amended by sub-
20
section (a).
21
Æ
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