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This Comment will review the history pertaining to the role real property plays in Indian law policy and address the impact of recent Supreme Court decisions on the ability of tribes to put land into trust. Part II describes the history of the law governing Indian land up to, and including, the Marshall Trilogy, and explains the relative concept of tribal sovereignty. Part III reviews statutes governing Indian land after the Marshall Trilogy, and details the legal history around the Indian Reorganization Act. Part IV of this Comment explores how the Supreme Court’s recent decisions have impacted the Indian land-into-trust process and explains the specific problems created by Carcieri and Patchak. Part V considers the proposed solutions to this impact, including legislative bills introduced since Carcieri, and suggests that the best solution to the uncertainty caused by Carcieri and Patchak, is for Congress to pass new legislation that reaffirms the Secretary’s authority and expressly secures the land, once placed in trust, from future litigation.

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