II Calendar No. 515 111th CONGRESS 2d Session S. 1703 [Report No. 111–247] IN THE SENATE OF THE UNITED STATES September 24, 2009 Mr. Dorgan (for himself, Mr. Tester, Mr. Inouye, Mr. Akaka, Mr. Baucus, Mr. Udall of New Mexico, Mr. Bingaman, Mr. Franken, Ms. Landrieu, Ms. Stabenow, and Mr. LeMieux) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs August 5, 2010 Reported by Mr. Dorgan, with amendments Omit the part struck through and insert the part printed in italic 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.

1.

Modification of definition

(a)

In general

Section 19 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act) (25 U.S.C. 479), 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 this section, 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.. is amended in the first sentence— (1)by striking The term and inserting Effective beginning on June 18, 1934, the term; and (2)by striking any recognized Indian tribe now under Federal jurisdiction and inserting any federally recognized Indian tribe. (b)

Effective date

The amendments made by subsection (a) 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. (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). (d)

Study; publication

(1)

Study

The Secretary of the Interior shall conduct, and submit to Congress a report describing the results of, a study that— (A)assesses the effects of the decision of the Supreme Court in the case styled Carcieri v. Salazar (129 S. Ct. 1058) on Indian tribes and tribal land; and (B)includes a list of each Indian tribe and parcel of tribal land affected by that decision. (2)

Publication

On completion of the report under paragraph (1), the Secretary of the Interior shall publish, by not later than 1 year after the date of enactment of this Act, the list described in paragraph (1)(B)— (A)in the Federal Register; and (B)on the public website of the Department of the Interior.

August 5, 2010 Reported with amendments