[Congressional Record (Bound Edition), Volume 160 (2014), Part 4]
[Senate]
[Pages 5116-5117]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      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 Senate can enact and that will end this 
problem of two classes of tribes forever.

[[Page 5117]]

  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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