[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5680 Reported in Senate (RS)]
Calendar No. 1082
110th CONGRESS
2d Session
H. R. 5680
[Report No. 110-504]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 19, 2008
Received; read twice and referred to the Committee on Indian Affairs
September 25 (legislative day, September 17), 2008
Reported by Mr. Dorgan, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
AN ACT
To amend certain laws relating to Native Americans, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. Colorado River Indian Tribes.
Sec. 3. Gila River Indian Community contracts.
Sec. 4. Land and interests of the Sault Ste. Marie Tribe of Chippewa
Indians of Michigan.
Sec. 5. Morongo Band of Mission Indians Lease Extension.
Sec. 6. Cow Creek Band of Umpqua Tribe of Indians leasing authority.
Sec. 7. New Settlement Common Stock issued to descendants, left-outs,
and elders.
Sec. 8. Admissions policy.
Sec. 9. Indian Land Consolidation Act.
SEC. 2. COLORADO RIVER INDIAN TRIBES.
The Secretary of the Interior may make, subject to amounts provided
in subsequent appropriations Acts, an annual disbursement to the
Colorado River Indian Tribes. Funds disbursed under this section shall
be used to fund the Office of the Colorado River Indian Tribes
Reservation Energy Development and shall not be less than $200,000 and
not to exceed $350,000 annually.
SEC. 3. GILA RIVER INDIAN COMMUNITY CONTRACTS.
Subsection (f) of the first section of the Act of August 9, 1955
(25 U.S.C. 415(f)), is amended by striking ``lease, affecting'' and
inserting ``lease or construction contract, affecting''.
SEC. 4. LAND AND INTERESTS OF THE SAULT STE. MARIE TRIBE OF CHIPPEWA
INDIANS OF MICHIGAN.
(a) In General.--Subject to subsections (b) and (c),
notwithstanding any other provision of law (including regulations), the
Sault Ste. Marie Tribe of Chippewa Indians of Michigan (including any
agent or instrumentality of the Tribe) (referred to in this section as
the ``Tribe''), may transfer, lease, encumber, or otherwise convey,
without further authorization or approval, all or any part of the
Tribe's interest in any real property that is not held in trust by the
United States for the benefit of the Tribe.
(b) Effect of Section.--Nothing in this section is intended to
authorize the Tribe to transfer, lease, encumber, or otherwise convey,
any lands, or any interest in any lands, that are held in trust by the
United States for the benefit of the Tribe.
(c) Liability.--The United States shall not be held liable to any
party (including the Tribe or any agent or instrumentality of the
Tribe) for any term of, or any loss resulting from the term of any
transfer, lease, encumbrance, or conveyance of land made pursuant to
this Act unless the United States or an agent or instrumentality of the
United States is a party to the transaction or the United States would
be liable pursuant to any other provision of law. This subsection shall
not apply to land transferred or conveyed by the Tribe to the United
States to be held in trust for the benefit of the Tribe.
(d) Effective Date.--This section shall be deemed to have taken
effect on January 1, 2005.
SEC. 5. MORONGO BAND OF MISSION INDIANS LEASE EXTENSION.
Subsection (a) of the first section of the Act of August 9, 1955
(25 U.S.C. 415(a)) is amended in the second sentence by inserting ``and
except leases of land held in trust for the Morongo Band of Mission
Indians which may be for a term of not to exceed 50 years,'' before
``and except leases of land for grazing purposes which may be for a
term of not to exceed ten years''.
SEC. 6. COW CREEK BAND OF UMPQUA TRIBE OF INDIANS LEASING AUTHORITY.
(a) Authorization for 99-Year Leases.--Subsection (a) of the first
section of the Act of August 9, 1955 (25 U.S.C. 415(a)), is amended in
the second sentence by inserting ``and lands held in trust for the Cow
Creek Band of Umpqua Tribe of Indians,'' after ``lands held in trust
for the Confederated Tribes of the Warm Springs Reservation of
Oregon,''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to any lease entered into or renewed after the date of the
enactment of this Act.
<DELETED>SEC. 7. NEW SETTLEMENT COMMON STOCK ISSUED TO DESCENDANTS,
LEFT-OUTS, AND ELDERS.</DELETED>
<DELETED> Section 7 of the Alaska Native Claims Settlement Act,
(Public Law 92-203; 85 Stat. 691), is amended--</DELETED>
<DELETED> (1) by amending subsection (g)(1)(B)(iii) (43
U.S.C. 1606(g)(1)(B)(iii)), to read as follows:</DELETED>
<DELETED> ``(iii) The amendment authorized by clause (i) may provide
that Settlement Common Stock issued to a Native pursuant to such
amendment (or stock issued in exchange for such Settlement Common Stock
pursuant to subsection (h)(3) of this section or section 1626c(d) of
this title) shall be subject to one or more of the following:</DELETED>
<DELETED> ``(I) Such stock shall be deemed canceled upon the
death of such Native, and no compensation for this cancellation
shall be paid to the estate of the deceased Native or to any
person holding stock.</DELETED>
<DELETED> ``(II) Such stock shall carry limited or no voting
rights.</DELETED>
<DELETED> ``(III) Such stock shall not be transferred by
gift as provided in subparagraph (h)(1)(C)(iii).'';
and</DELETED>
<DELETED> (2) in subsection (h)(1)(C) (43 U.S.C.
1606(h)(1)(C)), by striking ``Notwithstanding the
restrictions'' and inserting ``Expect as otherwise expressly
provided in this chapter and''.</DELETED>
SEC. 7. NEW SETTLEMENT COMMON STOCK ISSUED TO DESCENDANTS, LEFT-OUTS,
AND ELDERS.
Section 7(g)(1)(B) of the Alaska Native Claims Settlement Act (43
U.S.C. 1606(g)(1)(B)) is amended by striking clause (iii) and inserting
the following:
``(iii) Conditions on certain stock.--
``(I) In general.--An amendment
under clause (i) may provide that
Settlement Common Stock issued to a
Native pursuant to the amendment (or
stock issued in exchange for that
Settlement Common Stock pursuant to
subsection (h)(3) or section
29(c)(3)(D)) shall be subject to 1 or
more of the conditions described in
subclause (II).
``(II) Conditions.--A condition
referred to in subclause (I) is a
condition that--
``(aa) the stock described
in that subclause shall be
deemed to be canceled on the
death of the Native to whom the
stock is issued, and no
compensation for the
cancellation shall be paid to
the estate of the deceased
Native or any person holding
the stock;
``(bb) the stock shall
carry limited or no voting
rights; and
``(cc) the stock shall not
be transferred by gift under
subsection (h)(1)(C)(iii).''.
SEC. 8. ADMISSIONS POLICY.
(a) In General.--To encourage private support to supplement public
efforts to improve the historically low educational achievement of
Native Americans (as defined in section 736(g) of the Public Health
Service Act (42 U.S.C. 293(g))), and in consideration of the trust
responsibility of the United States, as identified in section 7202 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7512),
notwithstanding any other provision of Federal or State law, it shall
be lawful for the private organization identified in paragraph (16) of
that section (20 U.S.C. 7512(16)) to maintain the admissions policy for
the provision of educational programs and services that was upheld in
the decision in case number 04-15044 of the United States Court of
Appeals for the Ninth Circuit (December 5, 2006).
(b) Effective Date.--This section takes effect on December 5, 2006.
SEC. 9. INDIAN LAND CONSOLIDATION ACT.
(a) Definitions.--Section 202 of the Indian Land Consolidation Act
(25 U.S.C. 2201) is amended--
(1) in paragraph (4)--
(A) by inserting ``(i)'' after ``(4)'';
(B) by striking ```trust or restricted interest in
land' or'' and inserting the following:
``(ii) `trust or restricted interest in land' or''; and
(C) in clause (ii) (as designated by subparagraph
(B)), by striking ``an interest in land, title to
which'' and inserting ``an interest in land, the title
to which interest''; and
(2) by striking paragraph (7) and inserting the following:
``(7) the term `land' means any real property;''.
(b) Partition of Highly Fractionated Indian Lands.--Section
205(c)(2)(D)(i) of the Indian Land Consolidation Act (25 U.S.C.
2204(c)(2)(D)(i)) is amended in the matter following subclause (III) by
striking ``by Secretary'' and inserting ``by the Secretary''.
(c) Descent and Distribution.--Section 207 of the Indian Land
Consolidation Act (25 U.S.C. 2206) is amended--
(1) in subsection (a)--
(A) in paragraph (2)(D)--
(i) in clause (i), by striking ``clauses
(ii) through (iv)'' and inserting ``clauses
(ii) through (v)'';
(ii) in clause (iv)(II), by striking
``decedent'' and inserting ``descent''; and
(iii) by striking clause (v) and inserting
the following:
``(v) Effect of subparagraph.--Nothing in
this subparagraph limits the right of any
person to devise any trust or restricted
interest pursuant to a valid will in accordance
with subsection (b).''; and
(B) by adding at the end the following:
``(6) Intestate descent of permanent improvements.--
``(A) Definition of covered permanent
improvement.--In this paragraph, the term `covered
permanent improvement' means a permanent improvement
(including an interest in such an improvement) that
is--
``(i) included in the estate of a decedent;
and
``(ii) attached to a parcel of trust or
restricted land that is also, in whole or in
part, included in the estate of that decedent.
``(B) Rule of descent.--Except as otherwise
provided in a tribal probate code approved under
section 206 or a consolidation agreement approved under
subsection (j)(9), a covered permanent improvement in
the estate of a decedent shall--
``(i) descend to each eligible heir to whom
the trust or restricted interest in land in the
estate descends pursuant to this subsection; or
``(ii) pass to the recipient of the trust
or restricted interest in land in the estate
pursuant to a renunciation under subsection
(j)(8).
``(C) Application and effect.--The provisions of
this paragraph apply to a covered permanent
improvement--
``(i) even though that covered permanent
improvement is not held in trust; and
``(ii) without altering or otherwise
affecting the non-trust status of such a
covered permanent improvement.'';
(2) in subsection (b)(2)(B)--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and
indenting the subclauses appropriately;
(B) by striking ``Any interest'' and inserting the
following:
``(i) In general.--Subject to clauses (ii)
and (iii), any interest'';
(C) in subclause (III) of clause (i) (as designated
by subparagraphs (A) and (B)), by striking the
semicolon and inserting a period;
(D) by striking ``provided that nothing'' and
inserting the following:
``(iii) Effect.--Except as provided in
clause (ii), nothing''; and
(E) by inserting after clause (i) (as designated by
subparagraph (B)) the following:
``(ii) Exception.--
``(I) In general.--Notwithstanding
clause (i), in any case in which a
resolution, law, or other duly adopted
enactment of the Indian tribe with
jurisdiction over the land of which an
interest described in clause (i) is a
part requests the Secretary to apply
subparagraph (A)(ii) to devises of
trust or restricted land under the
jurisdiction of the Indian tribe, the
interest may be devised in fee in
accordance with subparagraph (A)(ii).
``(II) Effect.--Subclause (I) shall
apply with respect to a devise of a
trust or restricted interest in land by
any decedent who dies on or after the
date on which the applicable Indian
tribe adopts the resolution, law, or
other enactment described in subclause
(I), regardless of the date on which
the devise is made.
``(III) Notice of request.--An
Indian tribe shall provide to the
Secretary a copy of any resolution,
law, or other enactment of the Indian
tribe that requests the Secretary to
apply subparagraph (A)(ii) to devises
of trust or restricted land under the
jurisdiction of the Indian tribe.'';
(3) in subsection (h)(1)--
(A) by striking ``A will'' and inserting the
following:
``(A) In general.--A will''; and
(B) by adding at the end the following:
``(B) Permanent improvements.--Except as otherwise
expressly provided in the will, a devise of a trust or
restricted interest in a parcel of land shall be
presumed to include the interest of the testator in any
permanent improvements attached to the parcel of land.
``(C) Application and effect.--The provisions of
this paragraph apply to a covered permanent
improvement--
``(i) even though that covered permanent
improvement is not held in trust; and
``(ii) without altering or otherwise
affecting the non-trust status of such a
covered permanent improvement.'';
(4) in subsection (i)(4)(C), by striking ``interest land''
and inserting ``interest in land'';
(5) in subsection (j)(2)(A)(ii), by striking ``interest
land'' and inserting ``interest in land'';
(6) in subsection (k), in the matter preceding paragraph
(1), by inserting ``a'' after ``receiving''; and
(7) in subsection (o)--
(A) in paragraph (3)--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii) and indenting the
clauses appropriately;
(ii) by striking ``(3)'' and all that
follows through ``No sale'' and inserting the
following:
``(3) Request to purchase; consent requirements; multiple
requests to purchase.--
``(A) In general.--No sale''; and
(iii) by striking the last sentence and
inserting the following:
``(B) Multiple requests to purchase.--Except for
interests purchased pursuant to paragraph (5), if the
Secretary receives a request with respect to an
interest from more than 1 eligible purchaser under
paragraph (2), the Secretary shall sell the interest to
the eligible purchaser that is selected by the
applicable heir, devisee, or surviving spouse.'';
(B) in paragraph (4)--
(i) in subparagraph (A), by adding ``and''
at the end;
(ii) in subparagraph (B), by striking ``;
and'' and inserting a period; and
(iii) by striking subparagraph (C); and
(C) in paragraph (5)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i)--
(aa) by inserting ``or
surviving spouse'' after
``heir'';
(bb) by striking
``paragraph (3)(B)'' and
inserting ``paragraph
(3)(A)(ii)''; and
(cc) by striking ``auction
and'';
(II) in clause (i), by striking
``and'' at the end;
(III) in clause (ii)--
(aa) by striking
``auction'' and inserting
``sale'';
(bb) by striking ``the
interest passing to such heir
represents'' and inserting ``,
at the time of death of the
applicable decedent, the
interest of the decedent in the
land represented''; and
(cc) by striking the period
at the end and inserting ``;
and''; and
(IV) by adding at the end the
following:
``(iii)(I) the Secretary is purchasing the
interest under the program authorized under
section 213(a)(1); or
``(II) after receiving a notice under
paragraph (4)(B), the Indian tribe with
jurisdiction over the interest is proposing to
purchase the interest from an heir or surviving
spouse who is not residing on the property in
accordance with clause (i), and who is not a
member, and is not eligible to become a member,
of that Indian tribe.''; and
(ii) in subparagraph (B)--
(I) by inserting ``or surviving
spouse'' after ``heir'' each place it
appears; and
(II) by striking ``heir's
interest'' and inserting ``interest of
the heir or surviving spouse''.
(d) Conforming Amendment.--Section 213(a)(1) of the Indian Land
Consolidation Act (25 U.S.C. 2212(a)(1)) is amended by striking
``section 207(p)'' and inserting ``section 207(o)''.
(e) Owner-Managed Interests.--Section 221(a) of the Indian Land
Consolidation Act (25 U.S.C. 2220(a)) is amended by inserting ``owner
or'' before ``co-owners''.
(f) Effective Dates.--
(1) Testamentary disposition.--The amendments made by
subsection (c)(2) of this section to section 207(b) of the
Indian Land Consolidation Act (25 U.S.C. 2206(b)) shall not
apply to any will executed before the date that is 1 year after
the date of enactment of this Act.
(2) Small undivided interests in indian lands.--The
amendments made by subsection (c)(7)(C) of this section to
subsection (o)(5) of section 207 of the Indian Land
Consolidation Act (25 U.S.C. 2206) shall not apply to or affect
any sale of an interest under subsection (o)(5) of that section
that was completed before the date of enactment of this Act.
Calendar No. 1082
110th CONGRESS
2d Session
H. R. 5680
[Report No. 110-504]
_______________________________________________________________________
AN ACT
To amend certain laws relating to Native Americans, and for other
purposes.
_______________________________________________________________________
September 25 (legislative day, September 17), 2008
Reported with amendments