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S. 1750 · Senate bill · 119th Congress
This bill applies the Indian Reorganization Act (IRA) to the Poarch Band of Creek Indians. Additionally, the bill reaffirms previous decisions by the Department of the Interior to take land into trust for the tribe under the IRA.
A 2009 Supreme Court case, Carcieri v. Salazar, decided that Interior could not take land into trust for a specified tribe because that tribe had not been under federal jurisdiction when the IRA was enacted in 1934. This bill (1) affirms the applicability of the IRA to the Poarch Band of Creek Indians, thereby deeming the tribe to be under federal jurisdiction as of June 18, 1934, for purposes of the IRA; and (2) reaffirms prior decisions by Interior to take land into trust for the benefit of the tribe.
This Act may be cited as the “Poarch Band of Creek Indians Parity Act”.
(a) In general.— The Poarch Band of Creek Indians shall be considered “now under Federal jurisdiction” as of June 18, 1934, for purposes of the Act of June 18, 1934 (commonly known as the “Indian Reorganization Act”) (48 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq.).
(b) Lands taken into trust.— All lands taken into trust by the United States for the benefit of the Poarch Band of Creek Indians before the date of enactment of this Act are reaffirmed as trust land, and the actions of the Secretary of the Interior in taking those lands into trust under the Act of June 18, 1934 (commonly known as the “Indian Reorganization Act”) (48 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq.), are ratified and confirmed.