II
Calendar No. 540
113th CONGRESS
2d Session
S. 2188
IN THE SENATE OF THE UNITED STATES
March 31, 2014
Mr. Tester (for himself, Mr. Moran, Mr. Udall of New Mexico, Mr. Begich, Ms. Heitkamp, Mrs. Murray, Mr. Heinrich, Mr. Walsh, Mr. Schatz, Ms. Hirono, Ms. Stabenow, Mr. Franken, and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs
August 26, 2014
Reported, under authority of the order of the Senate of August 5 (legislative day, August 1), 2014, by Mr. Tester, with an amendment
Insert the part printed in italic
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.
Reaffirmation of authority
Modification
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—
by striking The term
and inserting Effective beginning on June 18, 1934, the term
; and
by striking any recognized Indian tribe now under Federal jurisdiction
and inserting any federally recognized Indian tribe
.
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.
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.
Effect on Other Laws
In general
Nothing in this section or the amendments made by this section shall affect—
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
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.
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).
Study; publication
Study
The Secretary of the Interior shall conduct, and submit to Congress a report describing the results of, a study that—
assesses the effects of the decision of the Supreme Court in the case styled Carcieri v. Salazar (129 S. Ct. 1058) on Indian tribes and tribal land; and
includes a list of each Indian tribe and parcel of tribal land affected by that decision.
Publication
On completion of the report under paragraph (1) and by not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall publish the list described in paragraph (1)(B)—
in the Federal Register; and
on the public website of the Department of the Interior.
August 26, 2014
Reported with an amendment