II Calendar No. 405 112th CONGRESS 2d Session S. 676 [Report No. 112–166] 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, Mr. Udall of New Mexico, Mr. Baucus, and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs May 17, 2012 Reported by Mr. Akaka, with an amendment 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)

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

May 17, 2012 Reported with an amendment