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 Act commonly known as the Indian Reorganization Act to apply the Act to all federally recognized Indian tribes, regardless of when any 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 under federal jurisdiction when the Act was enacted.)

Ratifies and confirms any action taken by the Secretary pursuant to such Act for any Indian tribe that was federally recognized on the date of that action.

Directs the Secretary to study and report to Congress on the effects of Carcieri v. Salazar, including a list, which is to be published, of each tribe and parcel of tribal land affected by that decision.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 676 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 676

  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 30, 2011

   Mr. Akaka (for himself, Mr. Conrad, Mr. Franken, Mr. Inouye, Mr. 
 Johnson of South Dakota, Mr. Kerry, Mr. Tester, and Mr. Udall of New 
    Mexico) 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. MODIFICATION OF DEFINITION.

    (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 Prior 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 that the 
action is challenged based on the question of 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 Act or the amendments made 
        by this Act affects--
                    (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>