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.

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.

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.

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.

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.

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, June 11, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct an oversight hearing to receive testimony on `` Indian Education Series: Examining Higher Education for American Indian Students.'' Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

committee on indian affairs

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, June 11, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct a business meeting to consider the following bills: S. 919, A bill to amend the Indian Self- Determination and Education Assistance Act to provide further self- governance by Indian tribes, and for other purposes; S. 1447, A bill to make technical corrections to certain Native American water rights settlements in the State of New Mexico, and for other purposes; S. 1574, A bill to amend the Indian Employment, Training and Related Services Demonstration Act of 1992 to facilitate the ability of Indian tribes to integrate the employment, training, and related services from diverse Federal sources, and for other purposes; S. 2041, A bill to repeal the Act of May 31, 1918, and for other purposes; 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. Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

committee on indian affairs

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, June 11, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct a legislative hearing to receive testimony on the following bills: S. 1948, A bill to promote the academic achievement of American Indian, Alaska Native, and Native Hawaiian children with the establishment of a Native American language grant program; S. 1998, A bill to amend the Adult Education and Family Literacy Act to reserve funds for American Indian, Alaska Native, Native Hawaiian, and Tribal College or University adult education and literacy; and S. 2299, A bill to amend the Native American Programs Act of 1974 to reauthorize a provision to ensure the survival and continuing vitality of Native American languages. Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, May 7, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct a legislative hearing to receive testimony on the following bills: S. 1603, to reaffirm that certain land has been taken into trust for the benefit of the Match-E-Be-Nash- She-Wish Band of Pottawatami Indians, and for other purposes; S. 1818, to ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, and for other purposes; S. 2040, to exchange trust and fee land to resolve land disputes created by the realignment of the Blackfoot River along the boundary of the Fort Hall Indian Reservation, and for other purposes; S. 2041, to repeal the Act of May 31, 1918, and for other purposes; and S. 2188, 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. Those wishing additional information may contact the Indian Affairs Committee (202) 224-2251.

Committee on Indian Affairs

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, May 14, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct an oversight hearing to receive testimony on: ``Indian Education Series: Ensuring the Bureau of Indian Education has the Tools Necessary to Improve.'' Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

Committee on Indian Affairs

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, May 14, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct an oversight hearing to receive testimony on: ``Wildfires and Forest Management: Prevention is Preservation.'' Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.