[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2087 Reported in Senate (RS)]






                                                       Calendar No. 700
110th CONGRESS
  2d Session
                                S. 2087

                          [Report No. 110-326]

 To amend certain laws relating to Native Americans to make technical 
                  corrections, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2007

     Mr. Dorgan (for himself, Mr. McCain, Mr. Baucus, and Mr. Kyl) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Indian Affairs

                             April 16, 2008

               Reported by Mr. Dorgan, without amendment

_______________________________________________________________________

                                 A BILL


 
 To amend certain laws relating to Native Americans to make technical 
                  corrections, 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. SHORT TITLE.

    This Act may be cited as the ``Native American Omnibus Technical 
Corrections Act of 2007''.

SEC. 2. DEFINITION OF NATIVE AMERICAN.

    Section 2(9) of the Native American Graves Protection and 
Repatriation Act (25 U.S.C. 3001(9)) is amended--
            (1) by inserting ``or was'' after ``is''; and
            (2) by inserting after ``indigenous to'' the following: 
        ``any geographic area that is now located within the boundaries 
        of''.

SEC. 3. INDIAN TRIBAL JUSTICE.

    (a) Indian Tribal Justice Technical and Legal Assistance.--The 
Indian Tribal Justice Technical and Legal Assistance Act of 2000 is 
amended--
            (1) in section 106 (25 U.S.C. 3666), by striking ``for 
        fiscal years 2000 through 2004'' and inserting ``for fiscal 
        years 2008 through 2012''; and
            (2) in section 201(d) (25 U.S.C. 3681(d)), by striking 
        ``for fiscal years 2000 through 2004'' and inserting ``for 
        fiscal years 2008 through 2012''.
    (b) Indian Tribal Justice Systems.--Section 201 of the Indian 
Tribal Justice Act (25 U.S.C. 3621) is amended by striking ``2007'' 
each place it appears and inserting ``2012''.

SEC. 4. NATIVE AMERICAN PARTICIPATION IN METHAMPHETAMINE GRANTS.

    (a) In General.--Section 2996(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3797cc(a)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``, territories, and Indian tribes (as 
                defined in section 2704)'' after ``to assist States''; 
                and
                    (B) in subparagraph (B), by striking ``and local'' 
                and inserting ``territorial, Tribal, and local'';
            (2) in paragraph (2), by inserting ``, territories, and 
        Indian tribes'' after ``make grants to States'';
            (3) in paragraph (3)(C), by inserting ``, Tribal,'' after 
        ``support State''; and
            (4) by adding at the end the following:
            ``(4) Effect of subsection.--Nothing in this subsection, or 
        in the award or denial of any grant pursuant to this 
        subsection--
                    ``(A) allows grants authorized under paragraph 
                (3)(A) to be made to, or used by, an entity for law 
                enforcement activities that the entity lacks 
                jurisdiction to perform; or
                    ``(B) has any effect other than to authorize, 
                award, or deny a grant of funds to a State, territory, 
                or Indian tribe for the purposes described in this 
                subsection.''.
    (b) Grant Programs for Drug Endangered Children.--Section 755(a) of 
the USA PATRIOT Improvement and Reauthorization Act of 2005 (42 U.S.C. 
3797cc-2(a)) is amended by inserting ``, territories, and Indian tribes 
(as defined in section 2704 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3797d))'' after ``make grants to 
States''.
    (c) Grant Programs To Address Methamphetamine Use by Pregnant and 
Parenting Women Offenders.--Section 756 of the USA PATRIOT Improvement 
and Reauthorization Act of 2005 (42 U.S.C. 3797cc-3) is amended--
            (1) in subsection (a)(2), by inserting ``, territorial, or 
        Tribal'' after ``State'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by inserting ``, territorial, or 
                        Tribal'' after ``State''; and
                            (ii) by striking ``and/or'' and inserting 
                        ``or'';
                    (B) in paragraph (2)--
                            (i) by inserting ``, territory, or Indian 
                        tribe'' after ``agency of the State''; and
                            (ii) by inserting ``, territory, or Indian 
                        tribe'' after ``criminal laws of that State''; 
                        and
                    (C) by adding at the end the following:
            ``(3) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 2704 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3797d).''; and
            (3) in subsection (c)--
                    (A) in paragraph (3), by striking ``Indian Tribes'' 
                and inserting ``Indian tribes''; and
                    (B) in paragraph (4)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``State's 
                                services'' and inserting ``services of 
                                the State, territory, or Indian 
                                tribe''; and
                                    (II) by striking ``and/or'' and 
                                inserting ``or'';
                            (ii) in subparagraph (A), by striking 
                        ``State'';
                            (iii) in subparagraph (C), by inserting ``, 
                        Indian tribes,'' after ``involved counties''; 
                        and
                            (iv) in subparagraph (D), by inserting ``, 
                        tribal'' after ``Federal, State''.

SEC. 5. 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'--
                    ``(A) means any real property; and
                    ``(B) only for purposes of intestate succession 
                under section 207(a), includes the interest, if any, 
                owned by the decedent in improvements permanently 
                affixed to a parcel of trust or restricted lands 
                (subject to any valid mortgage or other interest in 
                such an improvement) if the parcel was owned, in whole 
                or in part, by the decedent immediately prior to the 
                death of the decedent.''.
    (b) Descent and Distribution.--Section 207 of the Indian Land 
Consolidation Act (25 U.S.C. 2206) is amended--
            (1) in subsection (a)(2)(D)--
                    (A) in clause (i), by striking ``clauses (ii) 
                through (iv)'' and inserting ``clauses (ii) through 
                (v)''; and
                    (B) 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).'';
            (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 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.'';
            (3) in subsection (c)(2), by striking ``the date that is'' 
        and all that follows through the period at the end and 
        inserting the following: ``September 1, 2008.''; and
            (4) 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 striking 
                                        ``subparagraph (B), the consent 
                                        of a person who is an heir'' 
                                        and inserting ``subparagraph 
                                        (C), the consent of a person 
                                        who is an heir or surviving 
                                        spouse''; and
                                            (bb) 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 a 
                                        semicolon; and
                                    (IV) by adding at the end the 
                                following:
                            ``(iii) the decedent died on or after 
                        September 1, 2008; and
                            ``(iv)(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.'';
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C);
                            (iii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) Authority to extend date.--The Secretary may 
                extend the date referred to in subparagraph (A)(iii) by 
                not more than 1 year if, by not later than August 1, 
                2008, the Secretary publishes in the Federal Register a 
                notice of the extension.''; and
                            (iv) in subparagraph (C) (as redesignated 
                        by clause (ii))--
                                    (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''.
    (c) 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)''.

SEC. 6. INDIAN GOODS AND PRODUCTS.

    (a) Indian Arts and Crafts.--
            (1) Criminal proceedings; civil actions; 
        misrepresentations.--Section 5 of the Act entitled ``An Act to 
        promote the development of Indian arts and crafts and to create 
        a board to assist therein, and for other purposes'' (25 U.S.C. 
        305d) is amended to read as follows:

``SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS.

    ``(a) Definition of Federal Law Enforcement Officer.--In this 
section, the term `Federal law enforcement officer' includes a Federal 
law enforcement officer (as defined in section 115(c) of title 18, 
United States Code).
    ``(b) Conduct of Investigations.--Any Federal law enforcement 
officer may conduct an investigation relating to a violation of this 
Act that occurs on land under the jurisdiction of the Federal 
Government.
    ``(c) Criminal Proceedings.--
            ``(1) Investigation.--
                    ``(A) In general.--The Board may refer an alleged 
                violation of section 1159 of title 18, United States 
                Code, to any Federal law enforcement officer for 
                appropriate investigation.
                    ``(B) Referral not required.--A Federal law 
                enforcement officer may investigate an alleged 
                violation of section 1159 of that title regardless of 
                whether the Federal law enforcement officer receives a 
                referral under subparagraph (A).
            ``(2) Findings.--The findings of an investigation of an 
        alleged violation of section 1159 of title 18, United States 
        Code, by any Federal department or agency under paragraph 
        (1)(A) shall be submitted to--
                    ``(A) the Attorney General; or
                    ``(B) the Board.
            ``(3) Recommendations.--On receiving the findings of an 
        investigation under paragraph (2), the Board may--
                    ``(A) recommend to the Attorney General that 
                criminal proceedings be initiated under section 1159 of 
                title 18, United States Code; and
                    ``(B) provide such support to the Attorney General 
                relating to the criminal proceedings as the Attorney 
                General determines to be appropriate.
    ``(d) Civil Actions.--In lieu of, or in addition to, any criminal 
proceeding under subsection (c), the Board may recommend that the 
Attorney General initiate a civil action under section 6.''.
            (2) Cause of action for misrepresentation.--Section 6 of 
        the Act entitled ``An Act to promote the development of Indian 
        arts and crafts and to create a board to assist therein, and 
        for other purposes'' (25 U.S.C. 305e) is amended--
                    (A) by striking subsection (d);
                    (B) by redesignating subsections (a) through (c) as 
                subsections (b) through (d), respectively;
                    (C) by inserting before subsection (b) (as 
                redesignated by subparagraph (B)) the following:
    ``(a) Definitions.--In this section:
            ``(1) Indian.--The term `Indian' means an individual that--
                    ``(A) is a member of an Indian tribe; or
                    ``(B) is certified as an Indian artisan by an 
                Indian tribe.
            ``(2) Indian product.--The term `Indian product' has the 
        meaning given the term in any regulation promulgated by the 
        Secretary.
            ``(3) Indian tribe.--
                    ``(A) In general.--The term `Indian tribe' has the 
                meaning given the term in section 4 of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450b).
                    ``(B) Inclusion.--The term `Indian tribe' includes, 
                for purposes of this section only, an Indian group that 
                has been formally recognized as an Indian tribe by--
                            ``(i) a State legislature;
                            ``(ii) a State commission; or
                            ``(iii) another similar organization vested 
                        with State legislative tribal recognition 
                        authority.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.'';
                    (D) in subsection (b) (as redesignated by 
                subparagraph (B)), by striking ``subsection (c)'' and 
                inserting ``subsection (d)'';
                    (E) in subsection (c) (as redesignated by 
                subparagraph (B))--
                            (i) by striking ``subsection (a)'' and 
                        inserting ``subsection (b)''; and
                            (ii) by striking ``suit'' and inserting 
                        ``the civil action'';
                    (F) by striking subsection (d) (as redesignated by 
                subparagraph (B)) and inserting the following:
    ``(d) Persons That May Initiate Civil Actions.--
            ``(1) In general.--A civil action under subsection (b) may 
        be initiated by--
                    ``(A) the Attorney General, at the request of the 
                Secretary acting on behalf of--
                            ``(i) an Indian tribe;
                            ``(ii) an Indian; or
                            ``(iii) an Indian arts and crafts 
                        organization;
                    ``(B) an Indian tribe, acting on behalf of--
                            ``(i) the Indian tribe;
                            ``(ii) a member of that Indian tribe; or
                            ``(iii) an Indian arts and crafts 
                        organization;
                    ``(C) an Indian; or
                    ``(D) an Indian arts and crafts organization.
            ``(2) Disposition of amounts recovered.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an amount recovered in a civil action 
                under this section shall be paid to the Indian tribe, 
                the Indian, or the Indian arts and crafts organization 
                on the behalf of which the civil action was initiated.
                    ``(B) Exceptions.--
                            ``(i) Attorney general.--In the case of a 
                        civil action initiated under paragraph (1)(A), 
                        the Attorney General may deduct from the 
                        amount--
                                    ``(I) the amount of the cost of the 
                                civil action and reasonable attorney's 
                                fees awarded under subsection (c), to 
                                be deposited in the Treasury and 
                                credited to appropriations available to 
                                the Attorney General on the date on 
                                which the amount is recovered; and
                                    ``(II) the amount of the costs of 
                                investigation awarded under subsection 
                                (c), to reimburse the Board for the 
                                activities of the Board relating to the 
                                civil action.
                            ``(ii) Indian tribe.--In the case of a 
                        civil action initiated under paragraph (1)(B), 
                        the Indian tribe may deduct from the amount--
                                    ``(I) the amount of the cost of the 
                                civil action; and
                                    ``(II) reasonable attorney's 
                                fees.''; and
                    (G) in subsection (e), by striking ``(e) In the 
                event that'' and inserting the following:
    ``(e) Savings Provision.--If''.
    (b) Misrepresentation of Indian Produced Goods and Products.--
Section 1159 of title 18, United States Code, is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Penalty.--Any person that knowingly violates subsection (a) 
shall--
            ``(1) in the case of a first violation by that person--
                    ``(A) if the applicable goods are offered or 
                displayed for sale at a total price of $1,000 or more, 
                or if the applicable goods are sold for a total price 
                of $1,000 or more--
                            ``(i) in the case of an individual, be 
                        fined not more than $250,000, imprisoned for 
                        not more than 5 years, or both; and
                            ``(ii) in the case of a person other than 
                        an individual, be fined not more than 
                        $1,000,000; and
                    ``(B) if the applicable goods are offered or 
                displayed for sale at a total price of less than 
                $1,000, or if the applicable goods are sold for a total 
                price of less than $1,000--
                            ``(i) in the case of an individual, be 
                        fined not more than $25,000, imprisoned for not 
                        more than 1 year, or both; and
                            ``(ii) in the case of a person other than 
                        an individual, be fined not more than $100,000; 
                        and
            ``(2) in the case of a subsequent violation by that person, 
        regardless of the amount for which any good is offered or 
        displayed for sale or sold--
                    ``(A) in the case of an individual, be fined under 
                this title, imprisoned for not more than 15 years, or 
                both; and
                    ``(B) in the case of a person other than an 
                individual, be fined not more than $5,000,000.''; and
            (2) in subsection (c), by striking paragraph (3) and 
        inserting the following:
            ``(3) the term `Indian tribe'--
                    ``(A) has the meaning given the term in section 4 
                of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b); and
                    ``(B) includes, for purposes of this section only, 
                an Indian group that has been formally recognized as an 
                Indian tribe by--
                            ``(i) a State legislature;
                            ``(ii) a State commission; or
                            ``(iii) another similar organization vested 
                        with State legislative tribal recognition 
                        authority; and''.
                                                       Calendar No. 700

110th CONGRESS

  2d Session

                                S. 2087

                          [Report No. 110-326]

_______________________________________________________________________

                                 A BILL

 To amend certain laws relating to Native Americans to make technical 
                  corrections, and for other purposes.

_______________________________________________________________________

                             April 16, 2008

                       Reported without amendment