[Congressional Record Volume 157, Number 44 (Wednesday, March 30, 2011)]
[Senate]
[Pages S1984-S1985]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S. 676. 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. AKAKA. Mr. President, I rise today to introduce a technical 
amendment to the Act of June 18, 1934, the Indian Reorganization Act.
  Trust land is essential to a tribe's ability to exercise their 
inherent sovereignty. It allows Tribal Nations to protect their 
historic, cultural and religious ties to the lands where their 
ancestors lived. Trust lands are also vital to tribal economic 
development and self-government as tribes provide a wide range of 
governmental services to their members including, running schools, 
community centers, health clinics, law enforcement and numerous other 
social and governmental services.
  Federal Indian policy regarding tribal lands has not always been 
favorable to the Tribal governments and individuals. The General 
Allotment Act of 1887 led to land losses of more than 100 million acres 
of tribal homelands. Those land losses had a devastating effect on the 
tribal communities, institutions and economies that relied on their 
homelands. Seeking to address the consequences of that ill-advised 
policy, Congress enacted the Indian Reorganization Act in 1934.
  This act was intended to reverse the prior federal policy of 
allotment. By passing the Indian Reorganization Act, Congress 
recognized that a land base was essential for the economic advancement 
and self-support of Indian communities. The IRA allowed tribes to 
restore their homelands and to rehabilitate their economies and 
communities. Restoration of land to tribal ownership was central to the 
overall purposes of the Indian Reorganization Act.
  Unfortunately, a recent Supreme Court decision has brought 
uncertainty to 75 years interpretation regarding trust land acquisition 
under the Indian Reorganization Act. 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 at the time the Indian Reorganization 
Act was enacted in 1934. The Supreme Court decided that the act only 
applied to tribes who were ``under federal jurisdiction'' when it was 
passed in 1934.
  The legislation I am introducing today is necessary to clarify the 
continuing authority of the Secretary of the Interior, under the Indian 
Reorganization Act of 1934, to take land into trust for all Indian 
tribes that are federally recognized on the date the land is placed 
into trust. The legislation also 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.
  Inaction by Congress on the Carcieri decision will create two classes 
of tribes--those who are considered ``under federal jurisdiction'' and 
can have lands taken into trust and those who cannot. Creating two 
classes of tribes is unacceptable and runs counter to federal Indian 
policy, the Indian Reorganization Act, and subsequent Congressional 
Acts intended to ensure that all tribes are treated equally and have 
the same sovereign rights. The decision will also significantly impact 
planned development projects on Indian trust lands, such as housing, 
schools, community, and health centers, and result in a loss of jobs in 
an already challenging economic environment.
  I want to thank Senators Conrad, Franken, Inouye, Johnson, Kerry, 
Tester and Udall for their support on this critical legislation. My 
cosponsors are well aware of the negative impact this decision has 
already had, and would continue to 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. 676

       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

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     Federal law shall be considered to be a reference to that Act 
     as amended by subsection (a).
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