1.This Act may be cited as
the Native American Omnibus Technical
Corrections Act of 2007
.
2.Definition of
Native AmericanSection 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
.
3.
(a)Indian tribal
justice technical and legal assistanceThe 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 systemsSection 201 of the Indian Tribal Justice Act (25
U.S.C. 3621) is amended by striking 2007
each place it appears
and inserting 2012
.
4.Native American participation in
methamphetamine grants
(a)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)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
childrenSection 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 offendersSection 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)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
.
5.Indian Land
Consolidation Act
(a)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)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)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)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)Except
as provided in clause (ii), nothing
;
and
(E)by inserting
after clause (i) (as designated by subparagraph (B)) the following:
(ii)
(I)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)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)No sale
;
and
(iii)by striking the
last sentence and inserting the following:
(B)Multiple
requests to purchaseExcept 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)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)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)
.
6.Indian goods and
products
(a)
(1)Criminal
proceedings; civil actions; misrepresentationsSection 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:
5.Criminal
proceedings; civil actions
(a)Definition of
Federal law enforcement officerIn 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
investigationsAny 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)
(1)
(A)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)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)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)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)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 misrepresentationSection 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)In
this section:
(1)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)The term Indian product has the meaning
given the term in any regulation promulgated by the Secretary.
(3)
(A)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)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)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)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)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)
(i)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)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)If
.
(b)Misrepresentation
of Indian produced goods and productsSection 1159 of title 18, United States
Code, is amended—
(1)by striking
subsection (b) and inserting the following:
(b)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
.
April 16, 2008
Reported without amendment