Poarch Band of Creek Indians Parity Act
Poarch Band of Creek Indians Parity Act
Plain Language Summary
# Poarch Band of Creek Indians Parity Act Summary **What the Bill Does:** This bill would extend federal protections and benefits to the Poarch Band of Creek Indians by applying the Indian Reorganization Act (IRA)—a 1934 law governing Native American tribal sovereignty and land rights—to the tribe. Specifically, it would allow the U.S. Department of the Interior to hold land "in trust" (protected federal status) for the tribe's benefit and would confirm that previous decisions to do so were valid. **The Issue It Addresses:** A 2009 Supreme Court ruling (Carcieri v. Salazar) created a legal obstacle for tribes by stating that the Interior Department could only take land into trust for tribes that were under federal jurisdiction in 1934 when the IRA was passed.
The Poarch Band of Creek Indians faced this limitation and couldn't benefit from this land trust arrangement. This bill would fix that problem for this specific tribe by declaring them eligible under the original 1934 law. **Current Status:** The bill is currently in committee and has not yet been voted on by the full Senate. It was introduced by Senator Katie Boyd Britt (R-AL).
CRS Official Summary
Poarch Band of Creek Indians Parity ActThis 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.
Latest Action
Read twice and referred to the Committee on Indian Affairs.