Why It Matters

Lawmakers are weighing four bills to resolve long-running disputes over tribal lands and membership, as tribes continue to seek congressional action to protect their sovereignty and clarify their land status. At a hearing on September 23, the Senate Committee on Indian Affairs reviewed four bills on tribal lands and membership, showing that Congress is still working to settle tribal disputes over status on federal land, sovereignty, and membership.

The Senate Committee on Indian Affairs hearing examined S. 1750, S. 3859, S. 4053 and H.R. 226, each addressing a different tribe's land or membership status. The sharpest moment came when Bureau of Indian Affairs (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, drawing a pointed response from Vice Chairman Sen. Brian Schatz (D-HI): "I'm a little alarmed."

The Big Picture

The main background to the hearing is the 2009 ruling by the Supreme Court in Carcieri v. Salazar, in which it was decided that the Interior Department's power under the Indian Reorganization Act to place land into trust could only be exercised on the basis of whether a tribe was 'under federal jurisdiction' when the Act was passed in 1934. Schatz pointed out 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 in order to deal with urgent concerns which stop them from being able to fully exercise their economic self-determination.'

A government report showed that the workforce of the Interior Department's Bureau of Indian Affairs had decreased by a net of 846 employees, which is 11 per cent, from January to July 2025; 462 of the jobs listed were with the BIA itself. Tribal leaders told the Government Accountability Office that the cuts had placed a strain on the agency's capacity, delayed the delivery of services and caused a loss of institutional knowledge.

The committee also held a business meeting to consider S. 5354, the Native American Housing Assistance and Self-Determination Modernization Act of 2026, legislation to reauthorize and update the primary federal law governing housing assistance in Indian Country. The committee ordered the bill favorably reported with an amendment.

What They're Saying

Schatz pressed Mercier on S. 1750, and Mercier's non-answer prompted Schatz to say he was "a little alarmed" but would "not make this work worse by putting a fine point on this," adding that Mercier was "probably gonna have to do a little interagency work on the particulars of this bill" and "may not be in a position to say yes."

Stephanie Bryan, chairwoman of the Poarch Band of Creek Indians, said, "The tribe has already spent more than 10 million dollars to defend ourselves against meritless attacks on our sovereignty."

Michell Hicks, principal chief of the Eastern Band of Cherokee Indians, framed H.R. 226 in generational terms, saying, "This Congress cannot change what happened to our people ... But this Congress can do something meaningful today."

Mark Macarro, chairman of the Pechanga Band of Indians, told senators, "I tell you this story not because I want your sympathy, but because I want you to see how our people have persevered."

Political Stakes

The administration's approach to tribal policy has involved taking legislative and executive steps. President Donald Trump signed the bipartisan Tribal Trust Land Homeownership Act of 2025, setting deadlines for the BIA to deal with certain residential and business leasehold mortgages on trust or restricted Indian land. He also instructed the Department of the Interior to draw up a plan to help the Lumbee Tribe of North Carolina secure full federal recognition.

At the same time, Trump's budget proposal for fiscal year 2026 included a plan to cut funding for tribal housing programs by $239 million. H.R. 226 has already been passed by the House by voice vote, so the next stage for the Eastern Band of Cherokee Indians' land reacquisition campaign is now for the Senate to act.

The Bottom Line

The four land and membership bills are still before the committee, and S. 5354 has been ordered favourably reported with an amendment. The fact that the administration has not taken a clear stance on S. 1750 means that the Poarch Band's attempt to secure land certainty has to rely on action by Congress.

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