[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5680 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5680

  To amend certain laws relating to Native Americans, and for others 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 2, 2008

 Mr. Grijalva introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To amend certain laws relating to Native Americans, and for others 
                               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. Land and interests of the Lac du Flambeau Band of Lake Superior 
                            Chippewa Indians of Wisconsin.
Sec. 6. Morongo Tribe Lease Extension.
Sec. 7. Cow Creek band leasing authority.
Sec. 8. New Settlement Common Stock issued to descendants, left-outs, 
                            and elders.
Sec. 9. Columbia River Treaty Fishing Access Sites.
Sec. 10. Miccosukee Tribe of Indians of Florida.

SEC. 2. COLORADO RIVER INDIAN TRIBES.

    From revenues deposited into the Treasury after the date of the 
enactment of this Act pursuant to section 3 of the Act of August 7, 
1946 (25 U.S.C. 385c) from power operations on the reservation of the 
Colorado River Indian Tribe, the Secretary of the Interior may make an 
annual disbursement to the Colorado River Indian Tribes. Funds 
disbursed under this section--
            (1) shall be used to fund the Office of the Colorado Indian 
        Tribes Reservation Energy Development;
            (2) shall not affect funds held from any other irrigation 
        project;
            (3) shall not exceed $200,000 annually; and
            (4) shall only be disbursed in years that the revenues 
        deposited exceed the amount required to carry out the purposes 
        for which they deposited under section 2 of the Act of August 
        7, 1946 (25 U.S.C. 385c).

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 
Saulte 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. LAND AND INTERESTS OF THE LAC DU FLAMBEAU BAND OF LAKE SUPERIOR 
              CHIPPEWA INDIANS OF WISCONSIN.

    (a) In General.--Subject to subsections (b) and (c), 
notwithstanding any other provision of law (including regulations), the 
Lac du Flambeau Band of Lake Superior Chippewa Indians Wisconsin 
(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.

SEC. 6. MORONGO TRIBE 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. 7. COW CREEK BAND 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 true 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.

SEC. 8. NEW SETTLEMENT COMMON STOCK ISSUED TO DESCENDANTS, LEFT-OUTS, 
              AND ELDERS.

    Section 7 of the Alaska Native Claims Settlement Act (Public Law 
Number 92-203, 85 Stat. 691), is amended--
            (1) by amending subsection (g)(1)(B)(iii) (43 U.S.C. 
        1606(g)(1)(B)(iii)), to read as follows:
                            ``(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:
                                    ``(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.
                                    ``(II) Such stock shall carry 
                                limited or no voting rights.
                                    ``(III) Such stock shall not be 
                                transferred by gift as provided in 
                                subparagraph (h)(1)(C)(iii).''; and
            (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''.

SEC. 9. COLUMBIA RIVER TREATY FISHING ACCESS SITES.

    Section 401 of Public Law 100-581 (102 Stat. 2944; 110 Stat. 766) 
is amended by adding at the end the following:
    ``(h) Investment of Operation and Maintenance Funds.--
            ``(1) In general.--Subject to paragraph (2), funds made 
        available for operation and maintenance under this section may 
        be invested in any interest-bearing account, bond, security, or 
        other investment to achieve the highest practicable annual 
        yield in accordance with prudent investor standards.
            ``(2) Nonapplicability of provision.--Section 111 of 
        division E of the Consolidated Appropriations Act, 2005 (25 
        U.S.C. 450e-3), shall not apply to any investment of funds 
        under paragraph (1).''.

SEC. 10. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA.

    As soon as practicable after the date of the enactment of this Act 
, the Secretary of the Interior shall take into trust for the benefit 
of the Miccosukee Tribe of Indians of Florida the land described as 
Tract A and Tract B, Kendale Lakes North Section One, according to the 
Map or Plat thereof, as recorded in Plat Book 93, Page 1, Public 
Records or Miami-Dade County, Florida. After having been taken into 
trust, the land described in this section shall be part of the 
reservation of the Miccosukee Tribe of Indians of Florida.
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