Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1532) to reaffirm that certain land has been taken into trust for the benefit of the Poarch Band of Creek Indians, and for other purposes. Mr. Speaker, I ask unanimous…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1532) to reaffirm that certain land has been taken into trust for the benefit of the Poarch Band of Creek Indians, and for other purposes.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include extraneous material on the bill under consideration.
Mr. Speaker, I yield myself such time as I may consume.
H.R. 1532, sponsored by the gentleman from Alabama (Mr. Byrne), would ratify the trust status of lands the Secretary of the Interior currently holds for the benefit of the Poarch Band of Creek Indians of Alabama. The lands are located in the State of Alabama, with the exception of 1 acre of land in the State of Florida.
The Tribe's trust lands are used for a variety of Tribal purposes, including the operation of casinos authorized under the Indian Gaming Regulatory Act, a health clinic, an assisted living facility, and other facilities and development serving the needs of the Tribe and the local communities.
H.R. 1532 applies only to specific tracts of land taken in trust prior to a 2009 ruling by the Supreme Court, a ruling whose significance I will describe in a moment.
Lands held in trust by the Secretary of the Interior have a unique political status. The lands are regulated by Tribes and the Federal Government pursuant to a variety of statutes that restrict their alienation, and protect them from taxation and from State civil and criminal jurisdiction.
In addition, gaming may not be conducted by a Tribe under the Indian Gaming Regulatory Act of 1988 unless the casino is located on trust or reservation lands.
H.R. 1532 is necessary because there is a cloud of uncertainty over the title of the Poarch Band's existing trust lands. The Poarch Band obtained formal Federal recognition in 1984 and lands for the benefit of the Tribe were taken by the Secretary of the Interior in trust pursuant to the Indian Reorganization Act of 1934, or the IRA.
In a 2009 Supreme Court opinion commonly called Carcieri, the Court held that the Secretary may not use the IRA to acquire land in trust for a Tribe unless the Tribe was under Federal jurisdiction when the IRA was enacted in 1934. While the Poarch Band was not a party to the case, the effect of the Supreme Court case calls into question the lawfulness of the Secretary's acquisition of the Tribe's lands because the Tribe was federally recognized 50 years after the IRA.
H.R. 1532 would clear up any question over the validity of the Secretary's action to take the Tribe's existing lands into trust. It will create a needed certainty for the Tribe to use it for a variety of uses that might otherwise be prohibited were the lands to fall under State jurisdiction.
Because the bill ratifies the trust status for lands acquired by the Secretary prior to 2009, there is no concern that we are ratifying any action taken by the Secretary that might violate the IRA, as defined by the Supreme Court.
There is precedent for this legislation. In 2013, Congress enacted legislation to ratify the trust status of lands for the Gun Lake Tribe in Michigan, a Tribe that was recognized in recent years, like the Poarch Band.
Mr. Speaker, I urge adoption of this measure, and I reserve the balance of my time.
Mr. Speaker, I yield 3 minutes to the gentleman from Alabama (Mr. Byrne).
Mr. Speaker, I yield 2 minutes to the gentleman from Florida (Mr. Gaetz).
Mr. Speaker, I yield back the balance of my time.