[Congressional Bills 110th Congress]
[From the U.S. Government Publishing 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