[Congressional Record Volume 155, Number 136 (Thursday, September 24, 2009)]
[Senate]
[Page S9842]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN (for himself, Mr. Tester, Mr. Inouye, Mr. Akaka, 
        Mr. Baucus, Mr. Udall of New Mexico, Mr. Bingaman, and Mr. 
        Franken):
  S. 1703. 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; to the Committee on Indian Affairs.

  Mr. DORGAN. Mr. President, I rise today to introduce a technical 
amendment to the Act of June 18, 1934.
  On February 24, 2009, the Supreme Court issued its decision in the 
Carcieri v. Salazar case. In that decision the Supreme Court held that 
the Secretary of the Interior exceeded his authority in taking land 
into trust for a tribe that was not under Federal jurisdiction, or 
recognized, at the time the Indian Reorganization Act was enacted in 
1934.
  The legislation I am introducing today is necessary to reaffirm the 
Secretary's authority to take lands into trust for Indian tribes, 
regardless of when they were recognized by the Federal government. The 
amendment ratifies the prior trust acquisitions of the Secretary, who 
for the past 75 years has been exercising his authority to take lands 
into trust, as intended by the Indian Reorganization Act.
  On May 21, 2009, the Senate Committee on Indian Affairs held a 
hearing to examine the executive branch's authority to take land into 
trust for Indian tribes. At that hearing, it became clear that Congress 
needs to act to resolve the uncertainty created by the Supreme Court's 
decision. Therefore, this legislation was developed in consultation 
with interested parties to clarify the Secretary's authority.
  Inaction by Congress could significantly impact planned development 
projects on Indian trust lands, including the building of homes and 
community centers; result in a loss of jobs in an already challenging 
economic environment; and create costly and unnecessary litigation.
  Further, if the decision stands, it would have the effect of creating 
two classes of Indian tribes--those who were recognized as of 1934, for 
whom land may be taken into trust, and those recognized after 1934 that 
would be unable to have land taken into trust status. Creating two 
classes of tribes is unacceptable and is contrary to prior Acts of this 
Congress. In 1994, Congress passed the Federally Recognized Indian 
Tribe List Act to ensure that all tribes are treated equally, 
regardless of their date of recognition.
  I want to thank Senators Tester, Inouye, Akaka, Baucus, Udall, 
Bingaman, and Franken for their support on this legislation. My 
cosponsors are well aware of the resulting impact this decision could 
have on our Native American communities. Affected tribes deserve our 
timely consideration of this bill. I urge my colleagues to join me in 
supporting the passage of this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1703

       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) 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.''.
       (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.
                                 ______