Mr. President, I rise today to introduce a technical amendment to the Act of June 18, 1934, the Indian Reorganization Act. 

Trust land is essential to a tribe’s ability to exercise their inherent sovereignty.  It allows Tribal Nations to protect their historic, cultural and religious ties to the lands where their ancestors lived. Trust lands are also vital to tribal economic development and self-government as tribes provide a wide range of governmental services to their members including, running schools, community centers, health clinics, law enforcement and numerous other social and governmental services. 

Federal Indian policy regarding tribal lands has not always been favorable to the Tribal governments and individuals.  The General Allotment Act of 1887 led to land losses of more than 100 million acres of tribal homelands. Those land losses had a devastating effect on the tribal communities, institutions and economies that relied on their homelands.  Seeking to address the consequences of that ill-advised policy, Congress enacted the Indian Reorganization Act in 1934.

This Act was intended to reverse the prior federal policy of allotment.  By passing the Indian Reorganization Act, Congress recognized that a land base was essential for the economic advancement and self-support of Indian communities.  The IRA allowed tribes to restore their homelands and to rehabilitate their economies and communities.  Restoration of land to tribal ownership was central to the overall purposes of the Indian Reorganization Act.

Unfortunately, a recent Supreme Court decision has brought uncertainty to 75 years interpretation regarding trust land acquisition under the Indian Reorganization Act.  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 at the time the Indian Reorganization Act was enacted in 1934.  The Supreme Court decided that the Act only applied to tribes who were “under federal jurisdiction” when it was passed in 1934.

The legislation I am introducing today is necessary to clarify the continuing authority of the Secretary of the Interior, under the Indian Reorganization Act of 1934, to take land into trust for all Indian tribes that are federally recognized on the date the land is placed into trust.  The legislation also ratifies the prior trust acquisitions of the Secretary, who for the past 75 years has been exercising his authority to take lands into trust, as intended by the Indian Reorganization Act. 

Inaction by Congress on the Carcieri decision will create two classes of tribes – those who are considered “under federal jurisdiction” and can have lands taken into trust and those who cannot.  Creating two classes of tribes is unacceptable and runs counter to federal Indian policy, the Indian Reorganization Act, and subsequent Congressional Acts intended to ensure that all tribes are treated equally and have the same sovereign rights.  The decision will also significantly impact planned development projects on Indian trust lands, such as housing, schools, community, and health centers, and result in a loss of jobs in an already challenging economic environment.

I want to thank Senators Conrad, Franken, Inouye, Johnson, Kerry, Tester and Udall for their support on this critical legislation.  My co-sponsors are well aware of the negative impact this decision has already had, and would continue to have on our Native American communities.  Affected tribes deserve our timely consideration of this bill.  I urge my colleagues to join me in supporting the passage of this legislation.

Mr. President, I ask unanimous consent that the text of the bill be printed in the RECORD.