[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1193 Enrolled Bill (ENR)]

        S.1193

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 An Act


 
To direct the Secretary of the Interior to take into trust 2 parcels of 
 Federal land for the benefit of certain Indian Pueblos in the State of 
                   New Mexico, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                 TITLE I--ALBUQUERQUE INDIAN SCHOOL ACT

    SEC. 101. SHORT TITLE.
    This title may be cited as the ``Albuquerque Indian School Act''.
    SEC. 102. DEFINITIONS.
    In this title:
        (1) 19 pueblos.--The term ``19 Pueblos'' means the New Mexico 
    Indian Pueblos of--
            (A) Acoma;
            (B) Cochiti;
            (C) Isleta;
            (D) Jemez;
            (E) Laguna;
            (F) Nambe;
            (G) Ohkay Owingeh (San Juan);
            (H) Picuris;
            (I) Pojoaque;
            (J) San Felipe;
            (K) San Ildefonso;
            (L) Sandia;
            (M) Santa Ana;
            (N) Santa Clara;
            (O) Santo Domingo;
            (P) Taos;
            (Q) Tesuque;
            (R) Zia; and
            (S) Zuni.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior (or a designee).
        (3) Survey.--The term ``survey'' means the survey plat entitled 
    ``Department of the Interior, Bureau of Indian Affairs, Southern 
    Pueblos Agency, BIA Property Survey'' (prepared by John Paisano, 
    Jr., Registered Land Surveyor Certificate No. 5708), and dated 
    March 7, 1977.
    SEC. 103. LAND TAKEN INTO TRUST FOR BENEFIT OF 19 PUEBLOS.
    (a) Action by Secretary.--
        (1) In general.--The Secretary shall take into trust all right, 
    title, and interest of the United States in and to the land 
    described in subsection (b) for the benefit of the 19 Pueblos 
    immediately after the Secretary has confirmed that the National 
    Environmental Policy Act of 1969 has been complied with regarding 
    the trust acquisition of these Federal lands.
        (2) Administration.--The Secretary shall--
            (A) take such action as the Secretary determines to be 
        necessary to document the transfer under paragraph (1); and
            (B) appropriately assign each applicable private and 
        municipal utility and service right or agreement.
    (b) Description of Land.--The land referred to in subsection (a)(1) 
is the 2 tracts of Federal land, the combined acreage of which is 
approximately 8.4759 acres, that were historically part of the 
Albuquerque Indian School, more particularly described as follows:
        (1) Eastern part tract b.--The approximately 2.2699 acres 
    located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New 
    Mexico Principal Meridian in the city of Albuquerque, New Mexico, 
    as identified on the survey and does not include the Western Part 
    of Tract B containing 3.6512 acres.
        (2) Northern part tract d.--The approximately 6.2060 acres 
    located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New 
    Mexico Principal Meridian in the city of Albuquerque, New Mexico, 
    as identified on the survey and does not include the Southern Part 
    of Tract D containing 6.1775 acres.
    (c) Survey.--The Secretary shall perform a survey of the land to be 
transferred consistent with subsection (b), and may make minor 
corrections to the survey and legal description of the Federal land 
described in subsection (b) as the Secretary determines to be necessary 
to correct clerical, typographical, and surveying errors.
    (d) Use of Land.--The land taken into trust under subsection (a) 
shall be used for the educational, health, cultural, business, and 
economic development of the 19 Pueblos.
    (e) Limitations and Conditions.--The land taken into trust under 
subsection (a) shall remain subject to any private or municipal 
encumbrance, right-of-way, restriction, easement of record, or utility 
service agreement in effect on the date of enactment of this Act.
    SEC. 104. EFFECT OF OTHER LAWS.
    (a) In General.--Except as otherwise provided in this section, land 
taken into trust under section 103(a) shall be subject to Federal laws 
relating to Indian land.
    (b) Gaming.--No gaming activity (within the meaning of the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.)) shall be carried out on 
land taken into trust under section 103(a).

            TITLE II--NATIVE AMERICAN TECHNICAL CORRECTIONS

    SEC. 201. 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. 202. 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. 203. 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. 204. 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. 205. 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.
    SEC. 206. 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. 207. 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 sub paragraph (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:
        ``(2) 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'';
                (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'';

                    (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.

   TITLE III--REAUTHORIZATION OF MEMORIAL TO MARTIN LUTHER KING, JR.

    SEC. 301. REAUTHORIZATION.
    Section 508(b)(2) of the Omnibus Parks and Public Lands Management 
Act of 1996 (40 U.S.C. 8903 note; 110 Stat. 4157, 114 Stat. 26, 117 
Stat. 1347, 119 Stat. 527) is amended by striking ``November 12, 2008'' 
and inserting ``November 12, 2009''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.