What Happened?

Four bills affecting tribal land rights and membership status came before the Senate Committee on Indian Affairs at a Sept. 23 hearing, as tribes push Congress to resolve disputes that have dragged on for years. The disputes trace back to a 2009 Supreme Court ruling in *Carcieri v. Salazar*, which limited when the federal government could place land into trust for tribes, based on whether a tribe was "under federal jurisdiction" in 1934.

Why Does it Matter to Me?

Native Americans land rights are an issue older than this nation.

For tribal members, Sen. Brian Schatz (D-MI) said unresolved land status stops tribes from being able to "fully exercise their economic self-determination." When land cannot be placed into federal trust, tribes lose a key tool for protecting territory from outside legal claims and taxation.

Stephanie Bryan, chairwoman of the Poarch Band of Creek Indians, told senators her tribe "has already spent more than $10 million to defend ourselves against meritless attacks on our sovereignty." That money, she indicated, came at the expense of services for tribal members.

The Bureau of Indian Affairs (BIA), the federal agency that handles trust land and tribal services, lost a net 846 employees, about 11 percent of its workforce, between January and July 2025. Tribal leaders told the investigative arm of Congress those cuts delayed services and eroded institutional knowledge.

Both Sides, Now

The hearing's sharpest exchange came when BIA Director Bryan Mercier told the committee the administration "don't oppose, we don't support" S. 1750, the Poarch Band of Creek Indians Parity Act.

Vice Chairman Sen. Brian Schatz (D-HI) responded, "I'm a little alarmed," and noted that "after more than 17 years of Congress having taken no action, tribes such as the Poarch Band are now beginning to look for individual solutions."

On the other side of the ledger, President Donald Trump signed the bipartisan Tribal Trust Land Homeownership Act of 2025 and directed the Interior Department to help the Lumbee Tribe of North Carolina pursue full federal recognition. His fiscal year 2026 budget proposal, however, included a plan to cut tribal housing program funding by $239 million.

What Happens Next?

H.R. 226, which addresses land reacquisition for the Eastern Band of Cherokee Indians, has already passed the House by voice vote and now awaits Senate action. It is the furthest along of the four tribal land bills considered at the hearing.

The four tribal land and sovereignty bills, S. 1750, S. 3859, S. 4053, and H.R. 226, are still before the committee, and the administration's neutral stance on S. 1750 means that bill's path forward depends on Congress acting on its own. No markup or vote dates have been announced for any of them.

S. 5354, the housing bill, was ordered favorably reported with an amendment, clearing it for a potential full Senate vote.

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