Cole, Moran bill supports Interior taking land into trust for Native Indian tribes

U.S. Rep. Tom Cole (R-OK) on Monday proposed a bipartisan bill that would confirm authority of the U.S. Department of the Interior to take land into trust for Native American Indian tribes, a right formerly afforded to them under federal law.

“I look forward to working with my colleagues to pass this bill in both chambers and get it to the president’s desk,” said Rep. Cole, co-chair of the Congressional Native American Caucus.

Rep. Cole on Feb. 27 sponsored H.R. 1208 with 10 original cosponsors, including U.S. Rep. Betty McCollum (D-MN). U.S. Sens. Jerry Moran (R-KS) and Jon Tester (D-MT) introduced the Senate version of the bill, S. 563, on Feb. 28. 

“The Secretary of Interior’s authority to take land into trust for all tribes is essential for their economic development and future prosperity,” Sen. Moran said.

If enacted, the legislation would remove the uncertainty and ambiguities inherent within the U.S. Supreme Court’s 2009 Carcieri v. Salazar opinion, which overturned the right that all federally recognized tribes had under the Indian Reorganization Act of 1934 to request that land be placed into trust for their nations by the Secretary of the Interior. 

“It is unjust for there to be two classes of Indians created by the Carcieri v. Salazar decision — those tribes federally recognized in 1934 and those recognized after,” Sen. Moran said. “Tribes should no longer be forced to shoulder the burden of lawsuits and uncertainty that hinder their success and affect their future.”

“More than a decade ago, the Supreme Court issued an opinion that jeopardized ownership of tribal trust lands, questioned the authority of the Secretary of Interior and reversed 75 years of precedent,” added Rep. Cole. “I am proud to reintroduce this important legislation to keep the promises made to tribes, respect their sovereign status and validate the status of tribal lands acquired in trust by the Secretary of Interior.” 

Since the Supreme Court’s 2009 opinion, members in both chambers of Congress have introduced legislation to restore the original intent of the Indian Reorganization Act. Most recently, Rep. Cole introduced the identical H.R. 4352 in July 2021, while Sen. Moran in September 2022 sponsored the companion bill, S. 4830, in his chamber. The U.S. House of Representatives on Dec. 1, 2021, voted 302-127 to approve H.R. 4352, which advanced to the U.S. Senate, but then languished in committee without action before Congress adjourned its session. 

According to information provided by the lawmakers, tribes have used their trust lands to build community facilities like schools, health clinics, and tribal housing, to use them for tribal enterprises, and to promote economic development in communities that are often underserved and poverty stricken.