S. 2188 — Reported in Senate

II Calendar No. 540 113th CONGRESS 2d Session S. 2188 IN THE SENATE OF THE UNITED STATES March 31, 2014Mr. 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, 2014Reported, under authority of the order of the Senate of August 5 (legislative day, August 1), 2014, by Mr. Tester, with an amendmentInsert 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. 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). (d) Study; publication (1) Study The Secretary of the Interior shall conduct, and submit to Congress a report describing the results of, a study that— (A) 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 (B) includes a list of each Indian tribe and parcel of tribal land affected by that decision. (2) 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)— (A) in the Federal Register; and (B) on the public website of the Department of the Interior. August 26, 2014Reported with an amendment