Bipartisan lawmakers in the US Senate and the House of Representatives have reintroduced legislation to amend the Indian Reorganization Act of 1934. The bill reaffirms the Secretary of the Interior's authority to take land into trust for Indian tribes and removes uncertainty created by the Carcieri v. Salazar decision.
In that case, the US Supreme Court overturned a long-established precedent, generating expensive litigation for certain tribes and causing uncertainty and unequal treatment among federally recognized tribes operating on tribal trust lands. The bill has been introduced in every Congress since 2009 but has failed to advance in the Senate. Proponents of the legislation say it is important to ensure all tribes have equal access to economic development opportunities and to fulfill the federal government's treaty and trust responsibilities.