[Congressional Record Volume 160, Number 51 (Monday, March 31, 2014)]
[Senate]
[Pages S1872-S1873]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. TESTER (for himself, Mr. Moran, Mr. Udall of New Mexico,
Mr. Begich, Ms. Heitkamp, Mrs. Murray, Mr. Heinrich, and Mr.
Walsh):
S. 2188. 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. TESTER. Mr. President, I rise today to introduce legislation to
correct a historical wrong.
My legislation is a necessary amendment to the Indian Reorganization
Act of June 18, 1934. It addresses a Supreme Court ruling that was, in
my opinion, wrong.
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.
It has now been 5 years since that decision. This decision has had a
significant impact on tribes in every part of this country, whether it
is the Poarch Band of Creek Indians, which is facing spurious
litigation over its status as a tribe; the Samish Tribe of Washington,
which has been waiting 4 years for a Carcieri determination; or the
Little Shell Tribe of my home State of Montana, who could be affected
by this ruling if they are granted Federal recognition, as they should
be.
Moreover, the Carcieri decision has spawned more harmful litigation,
including Salazar v. Patchak, where the Supreme Court ruled that
individuals have 6 years to challenge a tribe's trust land acquisition,
and Big Lagoon Rancheria v. California, where the Ninth Circuit
essentially ruled that there is no time limit on challenging a tribe's
status or its trust land acquisitions.
The legislation I am introducing today is a necessary step in the
process to reaffirm the Secretary's authority to take land into trust
for 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 the
authority to take lands into trust, as intended by the Indian
Reorganization Act.
Perhaps the most serious impact for tribes if Congress lets this
decision stand is the creation of two classes of tribes--those who were
recognized as of 1934, whose rights and status are secure, and those
who were recognized after 1934, whose rights and status can be
perpetually challenged. Allowing 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.
Finally, I know that there are a number of my colleagues who have an
interest in this legislation and would like to see changes to this
bill. I want to let you know that I stand ready to work with each of
you to craft a bill that the
[[Page S1873]]
Senate can enact and that will end this problem of two classes of
tribes forever.
I want to thank Senators Moran, Udall of New Mexico, Begich,
Heitkamp, Murray, Heinrich, and my fellow Montana Senator Walsh, for
their support on this legislation. My cosponsors are well aware of the
impact this decision has had on our tribal communities. Affected tribes
deserve our timely consideration of this bill. I urge my colleagues to
join me in supporting its passage.
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. 2188
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REAFFIRMATION OF AUTHORITY.
(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 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 such action is subjected to
challenge based on 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 section or the amendments
made by this section shall affect--
(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).
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