House Approves Bill to Reaffirm Tribal Trust Agreements
Congresswoman Betty McCollum (MN-04) and Congressman Tom Cole (OK-04) issued the following statement today after the U.S. House of Representatives passed H.R. 375 to amend the Indian Reorganization Act of 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes. Cole and McCollum are the original sponsors of the bill.
Introduced in the House every Congress since 2011, the legislation ensures that existing tribal lands will continue to be held in trust by the federal government, reaffirms the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and removes the uncertainty and ambiguities inherent within the Carcieri v. Salazar opinion.
“Today, the House voted to ensure that we are able to fulfill one of our country’s most sacred commitments to tribal nations,” said Congresswoman McCollum. “This legislative fix will make it clear that the federal government’s ability to restore tribal homelands extends to all 573 federally recognized tribes, and I am honored to have worked hand-in-hand with Congressman Cole to lead this effort.”
“Despite a misguided Supreme Court opinion 10 years ago that jeopardized ownership of tribal trust lands and questioned the authority of the Secretary of Interior, I am encouraged progress has been made to reverse it and rightly restore 75 years of past precedent,” said Congressman Cole. “While the federal government and tribal nations have at times had a battered and troubled relationship, this legislative action in the House symbolizes desire to keep the promises made to tribes, respect their sovereign status and repair damage done.”
McCollum is a long-time member and Co-Chair Emeritus of the Native American caucus. Cole is a member of the Chickasaw Nation of Oklahoma and has led as Co-Chair of the Native American Caucus since 2009.
On June 18, 1934, Congress passed the Indian Reorganization Act (IRA) to protect tribal sovereignty and to help restore lands to tribes. For 75 years, all federally recognized tribes had the right under IRA to request that land be placed into trust for their nations by the Secretary of the Interior. Accordingly, tribes have used their trust lands to build community facilities like schools, health clinics, and tribal housing to serve their tribal members. This land has also been used for tribal enterprises and to promote economic development in communities that are often underserved and poverty stricken.
In 2009, however, the U.S. Supreme Court overturned that long-established precedent in Carcieri v. Salazar. In addition to generating expensive litigation for certain tribes, the Carcieri decision caused uncertainty and unequal treatment among federally recognized tribes, operating on existing tribal trust lands.
Since the 2009 opinion, members in both chambers of Congress have introduced legislation to restore the original intent of IRA. Passage today marks the first time a fix has advanced out of the House.