Reaffirming Authority of Secretary of Interior to Take Land Into Trust for Indian Tribes

Floor Speech

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Mr. COLE. Mr. Speaker, I thank my friend, the distinguished ranking member, for yielding time.

I want to thank both my friends, the chairman and the ranking member, for their help in bringing this legislation to the floor. It could not have happened without both of their assistance.

Mr. Speaker, I rise today in support of H.R. 375, legislation that would amend the Indian Reorganization Act of 1934 and reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes.

Between the passage of the Dawes Act in 1887 and the passage of the Indian Reorganization Act in 1934, the Indian landmass in the United States shrank by 86 million acres.

Since the enactment of the Indian Reorganization Act, the Department of the Interior has taken back approximately 9 million acres of land into trust status. Tribes have used their trust lands to build community facilities such as schools, health centers, and housing that serve their Tribal members. This land is also used for Tribal enterprises and promotes economic development in communities that are often underserved and poverty-stricken.

In 2009, the Supreme Court of the United States overturned long- existing precedent in its decision on the Carcieri v. Salazar case. The Supreme Court ruled specifically that the Secretary's authority to hold land in trust under the Indian Reorganization Act was limited only to recognized Tribes ``now under Federal jurisdiction,'' with the word ``now'' meaning June 18, 1934, the date of the enactment of the Indian Reorganization Act.

Previously, lower courts have viewed the word ``now'' as the instant when the Secretary invoked trust acquisition authority. However, the Supreme Court reversed the lower court ruling on the interpretation that the term ``now under Federal jurisdiction'' in section 19 of the Indian Reorganization Act was to be interpreted. It found that the phrase refers only to those Tribes that were under Federal jurisdiction of the United States when the Indian Reorganization Act was enacted in 1934.

As a result of the Carcieri decision, the Secretary of the Interior may no longer use the Indian Reorganization Act to acquire trust land for any post-1934 Tribe without specific authorization from Congress. Because the Secretary has acquired lands in trust for dozens of Tribes recognized after 1934, the Carcieri ruling calls into question the validity of the trust status of such lands and jeopardizes their immunity from State and local taxation and regulatory jurisdiction.

Many Tribes have been forced into court to defend the status of their trust land, costing them millions of dollars and compromising their investments and jurisdiction.

H.R. 375 would amend the Indian Reorganization Act and clarify the language the Supreme Court ruled against by striking ``the term,'' which I have previously referenced, and inserting the words ``effective beginning on June 18, 1934, the term.'' It would also amend the statute language from ``any recognized Indian Tribe now under Federal jurisdiction'' to ``any federally recognized Indian Tribe.''

The modest changes clarify that the Secretary does have authority to take land into trust for any Tribe that the Federal Government has recognized.

As a member of the Chickasaw Nation and co-chair of the Native American Caucus, I commend the Natural Resources Committee for favorably marking up this legislation and this body for moving forward with the passage of this bill.

Mr. Speaker, I urge my colleagues to vote ``yes'' on H.R. 375.

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