A bill to reaffirm the applicability of the Indian Reorganization Act to the Lytton Rancheria of California, and for other purposes.
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Would reaffirm that the Indian Reorganization Act applies to the Lytton Rancheria of California — directly addressing a 2009 Supreme Court ruling that blocked Interior from taking land into trust for tribes not under federal jurisdiction when the Act was passed in 1934.
For the Lytton Rancheria, the bill would restore the legal foundation needed to expand or secure reservation land, a step that has been clouded by litigation over tribal status since the Carcieri v. Salazar decision.
What this bill would do
What it would do
The bill would declare, notwithstanding any other provision of law, that the Lytton Rancheria of California is subject to the Indian Reorganization Act (IRA) of 1934. It would authorize the Secretary of the Interior to acquire land and take it into trust for the tribe's benefit under Section 5 of the IRA. Any land taken into trust would become part of the Lytton Rancheria's reservation and would be administered under the laws and regulations generally applicable to land held in trust for Indian tribes.
The bill responds specifically to Carcieri v. Salazar (2009), in which the Supreme Court held that the IRA's land-into-trust authority applied only to tribes that were "under federal jurisdiction" in 1934. The bill does not amend the IRA broadly or address any other tribe; it is a single-tribe reaffirmation that deems the Lytton Rancheria to have been under federal jurisdiction as of June 18, 1934, for IRA purposes.
Key provisions
- 1Would declare that the Lytton Rancheria of California is subject to the Indian Reorganization Act, notwithstanding any other provision of law
- 2Would authorize the Secretary of the Interior to acquire and take land into trust for the benefit of the Lytton Rancheria under IRA Section 5
- 3Would require that any land taken into trust become part of the tribe's reservation and be administered under federal Indian trust land laws and regulations
Who would be affected
The Lytton Rancheria of California and its tribal members are the direct beneficiaries. The Department of the Interior — specifically the Bureau of Indian Affairs — would gain clear statutory authority to process and approve land-into-trust applications from the tribe. State and local governments in the affected area of California may also be affected, as land placed into trust is generally removed from state and local tax rolls and jurisdiction.
Why it matters
Without this reaffirmation, the Carcieri decision leaves the Lytton Rancheria's eligibility for land-into-trust status legally uncertain, potentially blocking the tribe from expanding its reservation or securing land rights through the IRA's standard federal process. Enactment would give the tribe a clear, litigation-resistant path to acquire and protect reservation land.
What would change
Changes to existing law
Amends Indian Reorganization Act (25 U.S.C. 5101 et seq.) (Sec. 1(a))
Creates a tribe-specific statutory reaffirmation that the IRA applies to the Lytton Rancheria, deeming the tribe under federal jurisdiction as of June 18, 1934, for IRA land-into-trust purposes.
Agencies directed to act
Funding and costs
Congressional Budget Office estimate
CBO estimates S. 748 would have no effect on direct spending, revenues, or the deficit over the 2025–2035 period; administrative costs would be insignificant.
CBO estimates that S. 748 — which would reaffirm the Department of the Interior's authority to take land into trust for the Lytton Rancheria of California under the Indian Reorganization Act — would result in zero change to direct spending (mandatory expenditures), revenues, or the deficit over the 2025–2030 and 2025–2035 windows. Any administrative costs to implement the bill would be insignificant (less than $500,000) and would be subject to the availability of discretionary appropriations. CBO found that the bill contains no intergovernmental or private-sector mandates.
How implementation would work
Upon enactment, the Secretary of the Interior would have explicit statutory authority to accept land-into-trust applications from the Lytton Rancheria under existing IRA Section 5 procedures. Those procedures typically involve federal environmental review, consultation with state and local governments, and administrative approval by the Bureau of Indian Affairs. Once land is taken into trust, it would automatically become part of the tribe's reservation and would be governed by federal Indian land regulations rather than state and local law.
Legislative status & sources
Latest action
Held at the desk.
Official CRS summary
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This bill applies the Indian Reorganization Act (IRA) to the Lytton Rancheria of California. Additionally, the bill authorizes the Department of the Interior to acquire and take land into trust for the benefit of the tribe under the IRA. Land taken into trust shall be part of the tribe's reservation.
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 Lytton Rancheria of California, thereby deeming the tribe to be under federal jurisdiction as of June 18, 1934, for purposes of the IRA; and (2) authorizes Interior to take land into trust for the benefit of the tribe.
Legislative subjects
California; Federal-Indian relations; Indian lands and resources rights; Native Americans
Committee report
S. Rept. 119-79