[Congressional Record Volume 150, Number 116 (Thursday, September 23, 2004)]
[Senate]
[Pages S9639-S9643]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 2843. A bill to make technical corrections to laws relating to 
Native Americans, and for other purposes; to the Committee on Indian 
Affairs.

  Mr. CAMPBELL. Mr. President today I am pleased to introduce the 
Native American Technical Corrections Act of 2004 to amend a variety of 
Federal statutes affecting Indian tribes and Indian people.
  The bill provides 13 amendments including changes to the Indian Arts 
and Craft Act, the Indian Financing Act, the Indian Pueblo Lands Act, 
and others.
  Though modest, this bill provides relief to the many tribes that seek 
Congress's assistance and I urge my colleagues to support it.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2843

       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 Technical 
     Corrections Act of 2004''.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     the Interior.

     SEC. 3. INDIAN ARTS AND CRAFTS ACT AMENDMENTS.

       (a) Powers of the Indian Arts and Crafts Board.--Section 2 
     of the Act of August 27, 1935 (25 U.S.C. 305a), is amended by 
     inserting before the period at the end the following: ``; (j) 
     to investigate violations of this Act; (k) to enforce this 
     Act through the imposition of penalties for violations under 
     section 6; (l) to request the Secretary of the Interior, with 
     advice of the Solicitor, to enforce this Act through 
     injunctive relief; (m) notwithstanding any other provision of 
     law, to enter into reimbursable support agreements with 
     Federal, State, tribal, regional, and local investigative or 
     law enforcement entities in furtherance of the purposes and 
     provisions of this Act''.
       (b) Appropriations.--Section 4 of the Act of August 27, 
     1935 (25 U.S.C. 305c), is amended to read as follows:

     ``SEC. 4. APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     such sums as are necessary to pay the expenses of the Board 
     and carry out this Act.
       ``(b) Fund.--All income received by the Board from any 
     source shall be deposited in a special fund, which shall be 
     available to be expended by the Board, without further 
     appropriation, to carry out this Act.
       ``(c) Use of Amounts.--Amounts received by the Board 
     resulting from any civil action or enforcement action brought 
     under this Act may be used by the Board consistent with this 
     Act, as necessary for the accomplishment for the purposes of 
     this Act.''.
       (c) Referral for Criminal and Civil Violations; Complaints; 
     Recommendations.--Section 5 of the Act of August 27, 1935 (25 
     U.S.C. 305d), is amended to read as follows:

     ``SEC. 5. REFERRAL FOR CRIMINAL AND CIVIL PROCEEDINGS.

       ``(a) Criminal Proceedings.--
       ``(1) Investigation.--The Board shall investigate 
     violations of section 1159 of title 18, United States Code.
       ``(2) Action by the board.--After an investigation is 
     complete, or at any time during an investigation, the Board 
     may--
       ``(A) refer the matter to the Attorney General for 
     additional investigation; and
       ``(B) recommend to the Attorney General that criminal 
     proceedings be brought under section 1159 of title 18, United 
     States Code.
       ``(b) Civil Proceedings.--
       ``(1) Investigations.--The Board shall investigate 
     violations of section 6.
       ``(2) Action by the board.--After an investigation is 
     complete, or at any time during an investigation, the Board 
     may--
       ``(A) levy penalties in accordance with section 6; or
       ``(B) refer the matter to the Attorney General for civil 
     action under section 6.
       ``(c) Mandatory Investigations.--The Board shall receive 
     and investigate all complaints of violations of section 1159 
     of title 18, United States Code, and section 6.''.
       (d) Cause of Action for Misrepresentation of Indian-
     Produced Goods.--Section 6 of the Act of August 27, 1935 (25 
     U.S.C. 305e), is amended to read as follows:

     ``SEC. 6. CAUSE OF ACTION FOR MISREPRESENTATION OF INDIAN-
                   PRODUCED GOODS.

       ``(a) Definitions.--In this section:
       ``(1) Indian.--The term `Indian' means--
       ``(A) an individual who is a member of an Indian tribe; and
       ``(B) an individual who, for the purposes of this section, 
     is certified as an Indian artisan by an Indian tribe.
       ``(2) Indian product.--Subject to subsection (g), the term 
     `Indian product' has the meaning given the term in 
     regulations that may be promulgated by the Secretary.
       ``(3) Indian tribe.--The term `Indian tribe' means--
       ``(A) an Indian tribe, band, nation, Alaska native village, 
     or other organized group or community that is recognized as 
     eligible for the special programs and services provided by 
     the United States to Indians because of their status as 
     Indians; and
       ``(B) an Indian group that has been formally recognized as 
     an Indian tribe by a State legislature or by a State 
     commission or similar organization legislatively vested with 
     State tribal recognition authority.
       ``(4) Product of a particular indian tribe or indian arts 
     and crafts organization.--Subject to subsection (g), the term 
     `product of a particular Indian tribe or Indian arts and 
     crafts organization' has the meaning given the term in 
     regulations that may be promulgated by the Secretary.
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(b) Imposition of Penalties by the Board.--
       ``(1) In general.--The Board may impose a civil penalty 
     against a person that, directly or indirectly, offers or 
     displays for sale or sells a good, with or without a 
     Government trademark, in a manner that falsely suggests that 
     the good is Indian-produced, an Indian product, or the 
     product of a particular Indian or Indian tribe or Indian arts 
     and crafts organization resident within the United States.
       ``(2) Amount.--A civil penalty under paragraph (1) shall 
     not exceed 100 percent of the price of the goods offered or 
     displayed for sale in violation of the Act, not to exceed 
     $500,000 per person, per violation.
       ``(3) Factors affecting penalty amount.--In determining the 
     amount of a civil penalty to be imposed, the Board shall 
     consider--
       ``(A) the severity of the violation;
       ``(B) any history of prior violations; and
       ``(C) whether the amount of the civil penalty will be 
     likely to deter future violations.
       ``(4) Injunctive relief.--If the Board determines that 
     enforcement of this Act under this section will be 
     insufficient to avoid irreparable harm, the Board, with the 
     concurrence of the Solicitor of the Department of the 
     Interior, may request the Secretary to seek injunctive relief 
     in accordance with section 2 in a court of competent 
     jurisdiction.
       ``(5) Notice and appeal of board determination.--
       ``(A) Notice.--

[[Page S9640]]

       ``(i) In general.--If, as a result of an investigation 
     conducted by the Board, it is determined that a violation of 
     this Act has occurred, the Board may, at any time during the 
     investigation, notify the person under investigation 
     regarding the nature of the alleged violation.
       ``(ii) Content.--A notice under clause (i) shall include, 
     at a minimum--

       ``(I) a detailed description of the violation;
       ``(II) possible remedies, if appropriate;
       ``(III) opportunity to cure, if appropriate; and
       ``(IV) any other information that the Board considers 
     necessary.

       ``(B) Appeal.--Any person determined to be in violation of 
     this Act under this subsection may appeal the Board's 
     findings and imposition of civil penalties to the Office of 
     Hearings and Appeals of the Department of the Interior in 
     accordance with part 4 of title 43, Code of Federal 
     Regulations (or any successor regulation).
       ``(c) Injunctive or Equitable Relief; Damages.--
       ``(1) In general.--A person specified in subsection (e) 
     may, in a civil action in a court of competent jurisdiction, 
     bring an action against a person that, directly or 
     indirectly, offers or displays for sale or sells a good, with 
     or without a government trademark, in a manner that falsely 
     suggests that the good is Indian-produced, an Indian product, 
     or the product of a particular Indian or Indian tribe or 
     Indian arts and crafts organization resident within the 
     United States, to--
       ``(A) obtain injunctive or other equitable relief; and
       ``(B) recover the greater of--
       ``(i) treble damages; or
       ``(ii) in the case of each aggrieved individual Indian, 
     Indian tribe, or Indian arts and crafts organization, not 
     less than $1,000 for each day on which the offer or display 
     for sale or sale continues.
       ``(2) Damages.--For purposes of paragraph (1)(B)(i), 
     damages includes all gross profits realized by the defendant 
     as a result of the activities found in violation of this 
     subsection.
       ``(d) Punitive Damages; Attorney's Fee.--In addition to the 
     relief specified in subsection (c), the court may award 
     punitive damages, and costs of the civil action, and a 
     reasonable attorney's fee.
       ``(e) Persons Who May Initiate Civil Actions.--
       ``(1) In general.--A civil action under subsection (b) may 
     be brought--
       ``(A) by the Attorney General, on request of the Secretary 
     on behalf of--
       ``(i) an Indian tribe;
       ``(ii) an Indian; or
       ``(iii) an Indian arts and crafts organization;
       ``(B) by an Indian tribe on behalf of itself, an Indian, or 
     an Indian arts and crafts organization;
       ``(C) by an Indian; or
       ``(D) by an Indian arts and crafts organization.
       ``(2) Disposition of amounts recovered.--Any amount 
     recovered under this section shall be paid to the Indian 
     tribe, Indian, or Indian arts and crafts organization, except 
     that--
       ``(A) in the case of a civil action under paragraph (1)(A), 
     the Attorney General may deduct from the amount recovered--
       ``(i) the amount for the costs of the civil action and 
     reasonable attorney's fee awarded pursuant to subsection (d), 
     to be deposited in the Treasury of the United States and 
     credited to appropriations currently available to the 
     Attorney General at the time of receipt of the amount; and
       ``(ii) the amount for the costs of investigation awarded 
     pursuant to subsection (d), to be used to reimburse the Board 
     the amount of such costs incurred as a direct result of Board 
     activities in the civil action;
       ``(B) in the case of a civil action under paragraph (1)(B), 
     the amount recovered for the costs of the civil action and 
     reasonable attorney's fee pursuant to subsection (d) may be 
     deducted.
       ``(f) Severability.--If any provision of this section is 
     held invalid, it is the intent of Congress that the remaining 
     provisions of this section shall continue in full force and 
     effect.
       ``(g) Regulations.--Not later than 180 days after the date 
     of enactment of this subsection, the Board shall promulgate 
     regulations to include in the definition of the term `Indian 
     product' specific examples of each such product to provide 
     guidance to Indian artisans and to purveyors and consumers of 
     Indian arts and crafts.''.

     SEC. 4. INDIAN FINANCING ACT AMENDMENTS.

       (a) Sale or Assignment of Loans and Underlying Security.--
     Section 205 of the Indian Financing Act of 1974 (25 U.S.C. 
     1485) is amended--
       (1) by striking ``Sec. 205.'' and all that follows through 
     subsection (b) and inserting the following:

     ``SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDERLYING 
                   SECURITY.

       ``(a) In General.--All or any portion of a loan guaranteed 
     or insured under this title, including the security given for 
     the loan--
       ``(1) may be transferred by the lender by sale or 
     assignment to any person; and
       ``(2) may be retransferred by the transferee.
       ``(b) Transfers of Loans.--With respect to a transfer 
     described in subsection (a)--
       ``(1) the transfer shall be consistent with such 
     regulations as the Secretary shall promulgate under 
     subsection (h); and
       ``(2) the transferee shall give notice of the transfer to 
     the Secretary.'';
       (2) by striking subsection (c);
       (3) by redesignating subsections (d), (e), (f), (g), (h), 
     and (i) as subsections (c), (d), (e), (f), (g), and (h), 
     respectively;
       (4) in subsection (c) (as redesignated by paragraph (3))--
       (A) by striking ``Validity.--'' and all that follows 
     through ``subparagraph (B),'' and inserting ``Validity.--
     Except as provided by regulations in effect on the date on 
     which a loan is made,''; and
       (B) by striking ``incontestable'' and all that follows and 
     inserting ``incontestable.'';
       (5) in subsection (e) (as redesignated by paragraph (3))--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Compensation of fiscal transfer agent.--A fiscal 
     transfer agent designated under subsection (f) may be 
     compensated through any of the fees assessed under this 
     section and any interest earned on any funds or fees 
     collected by the fiscal transfer agent while the funds or 
     fees are in the control of the fiscal transfer agent and 
     before the time at which the fiscal transfer agent is 
     contractually required to transfer such funds to the 
     Secretary or to transferees or other holders.''; and
       (6) in subsection (f) (as redesignated by paragraph (3))--
       (A) by striking ``subsection (i)'' and inserting 
     ``subsection (h)''; and
       (B) in paragraph (2)(B), by striking ``, and issuance of 
     acknowledgments,''.

     SEC. 5. INDIAN PUEBLO LAND ACT AMENDMENTS.

       (a) In General.--The Act of June 7, 1924 (43 Stat. 636, 
     chapter 331), is amended by adding at the end the following:

     ``SEC. 20. CRIMINAL JURISDICTION.

       ``(a) In General.--Except as otherwise provided by 
     Congress, jurisdiction over offenses committed anywhere 
     within the exterior boundaries of any grant from a prior 
     sovereign, as confirmed by Congress or the Court of Private 
     land Claims to a Pueblo Indian tribe of new Mexico, shall be 
     as provided in this section.
       ``(b) Jurisdiction of the Pueblo.--The Pueblo has 
     jurisdiction, as an act of the Pueblos' inherent power as an 
     Indian tribe, over any offense committed by a member of the 
     Pueblo or of another federally recognized Indian tribe, or by 
     any other Indian-owned entity.
       ``(c) Jurisdiction of the United States.--The United States 
     has jurisdiction over any offense described in chapter 53 of 
     title 18, United States Code, committed by or against a 
     member of any federally recognized Indian tribe or any 
     Indian-owned entity, or that involves any Indian property or 
     interest.
       ``(d) Jurisdiction of the State of New Mexico.--The State 
     of New Mexico shall have jurisdiction over any offense 
     committed by a person who is not a member of a federally 
     recognized Indian tribe, which offense is not subject to the 
     jurisdiction of the United States.''.

     SEC. 6. INDIAN REORGANIZATION ACT CORPORATION AMENDMENT.

       Section 17 of the Act of June 18, 1936 (25 U.S.C. 477) 
     (commonly known as the ``Indian Reorganization Act'') is 
     amended in the second sentence by striking ``with law'' and 
     all that follows through ``twenty-five'' and inserting ``with 
     law, and not for purposes of conducting gaming (within the 
     meaning of section 4 of the Indian Gaming Regulatory Act (25 
     U.S.C. 2703)), but no authority shall be granted to sell or 
     mortgage or to lease for a period exceeding 99''.

     SEC. 7. PRAIRIE ISLAND LAND CONVEYANCE.

       (a) In General.--The Secretary of the Army shall convey all 
     right, title, and interest of the United States in and to the 
     land described in subsection (b), including all improvements, 
     cultural resources, and sites on the land, subject to the 
     flowage and sloughing easement described in subsection (d) 
     and to the conditions stated in subsection (f), to the 
     Secretary, to be--
       (1) held in trust by the United States for the benefit of 
     the Prairie Island Indian Community in Minnesota; and
       (2) included in the Prairie Island Indian Community 
     Reservation in Goodhue County, Minnesota.
       (b) Land Description.--The land to be conveyed under 
     subsection (a) is the approximately 1290 acres of land 
     associated with the Lock and Dam #3 on the Mississippi River 
     in Goodhue County, Minnesota, located in tracts identified as 
     GO-251, GO-252, GO-271, GO-277, GO-278, GO-284, GO-301 
     through GO-313, GO-314A, GO-314B, GO-329, GO-330A, GO-330B, 
     GO-331A, GO-331B, GO-331C, GO-332, GO-333, GO-334, GO-335A, 
     GO-335B, GO-336 through GO-338, GO-339A, GO-339B, GO-339C, 
     GO-339D, GO-339E, GO-340A, GO-340B, GO-358, GO-359A, GO-359B, 
     GO-359C, GO-359D, and GO-360, as depicted on the map entitled 
     ``United States Army Corps of Engineers survey map of the 
     Upper Mississippi River 9-Foot Project, Lock & Dam No. 3 (Red 
     Wing), Land & Flowage Rights'' and dated December 1936.
       (c) Boundary Survey.--Not later than 5 years after the date 
     of conveyance under subsection (a), the boundaries of the 
     land conveyed shall be surveyed as provided in section 2115 
     of the Revised Statutes (25 U.S.C. 176).
       (d) Easement.--
       (1) In general.--The Corps of Engineers shall retain a 
     flowage and sloughing easement for the purpose of navigation 
     and purposes relating to the Lock and Dam No. 3

[[Page S9641]]

     project over the portion of the land described in subsection 
     (b) that lies below the elevation of 676.0.
       (2) Inclusions.--The easement retained under paragraph (1) 
     includes--
       (A) the perpetual right to overflow, flood, and submerge 
     property as the District Engineer determines to be necessary 
     in connection with the operation and maintenance of the 
     Mississippi River Navigation Project; and
       (B) the continuing right to clear and remove any brush, 
     debris, or natural obstructions that, in the opinion of the 
     District Engineer, may be detrimental to the project.
       (e) Ownership of Sturgeon Lake Bed Unaffected.--Nothing in 
     this section diminishes or otherwise affects the title of the 
     State of Minnesota to the bed of Sturgeon Lake located within 
     the tracts of land described in subsection (b).
       (f) Conditions.--The conveyance under subsection (a) is 
     subject to the conditions that the Prairie Island Indian 
     Community shall not--
       (1) use the conveyed land for human habitation;
       (2) construct any structure on the land without the written 
     approval of the District Engineer; or
       (3) conduct gaming (within the meaning of section 4 of the 
     Indian Gaming Regulatory Act (25 U.S.C. 2703)) on the land.
       (g) No Effect on Eligibility for Certain Projects.--
     Notwithstanding the conveyance under subsection (a), the land 
     shall continue to be eligible for environmental management 
     planning and other recreational or natural resource 
     development projects on the same basis as before the 
     conveyance.
       (h) Effect of Section.--Nothing in this section diminishes 
     or otherwise affects the rights granted to the United States 
     pursuant to letters of July 23, 1937, and November 20, 1937, 
     from the Secretary to the Secretary of War and the letters of 
     the Secretary of War in response to the Secretary dated 
     August 18, 1937, and November 27, 1937, under which the 
     Secretary granted certain rights to the Corps of Engineers to 
     overflow the portions of Tracts A, B, and C that lie within 
     the Mississippi River 9-Foot Channel Project boundary and as 
     more particularly shown and depicted on the map entitled 
     ``United States Army Corps of Engineers survey map of the 
     Upper Mississippi River 9-Foot Project, Lock & Dam No. 3 (Red 
     Wing), Land & Flowage Rights'' and dated December 1936.

     SEC. 8. GILA RIVER INDIAN COMMUNITY MANDATORY BINDING 
                   ARBITRATION.

       (a) Amendments.--Subsection (f) of the first section of the 
     Act of August 9, 1955 (25 U.S.C. 415(f)), is amended--
       (1) in the first sentence--
       (A) by striking ``Any lease'' and all that follows through 
     ``affecting land'' and inserting ``Any contract, including a 
     lease, affecting land''; and
       (B) in the second sentence, by striking ``such leases or 
     contracts entered into pursuant to such Acts'' and inserting 
     ``Such contracts''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the Act of August 9, 1955 
     (69 Stat. 539, chapter 615) and Public 107-159 (116 Stat. 
     122).

     SEC. 9. ALASKA NATIVE CLAIMS SETTLEMENT ACT VOTING STANDARDS 
                   AMENDMENT.

       (a) In general.--Subsection (d)(3) of section 36 of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1629b) (as 
     amended by subsection (b)) is amended--
       (1) by inserting after ``of this section'' the following: 
     ``or an amendment to the articles of incorporation described 
     in section 7(g)(1)(B)''; and
       (2) by inserting ``or amendment'' after ``meeting relating 
     to such resolution'' each place it appears.
       (b) Technical Corrections.--
       (1)(A) Section 337(a) of the Department of the Interior and 
     Related Agencies Appropriations Act, 2003 (Division F of 
     Public Law 108-7; 117 Stat. 278; February 20, 2003) is 
     amended--
       (i) in the matter preceding paragraph (1), by striking 
     ``Section 1629b of title 43, United States Code,'' and 
     inserting ``Section 36 of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1629b)''; and
       (ii) in paragraph (2), by striking ``by creating the 
     following new subsection:'' and inserting ``in subsection 
     (d), by adding at the end the following:''.
       (B) Section 36 of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1629b) is amended--
       (i) in subsection (d)(3), by striking ``(d)''; and
       (ii) in subsection (f), by striking ``section 1629e of this 
     title'' and inserting ``section 39''.
       (2)(A) Section 337(b) of the Department of the Interior and 
     Related Agencies Appropriations Act, 2003 (Division F of 
     Public Law 108-7; 117 Stat. 278; February 20, 2003) is 
     amended by striking ``Section 1629e(a)(3) of title 43, United 
     States Code,'' and inserting ``Section 39(a)(3) of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1629e(a)(3))''.
       (B) Section 39(a)(3)(B)(ii) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1629e(a)(3)(B)(ii)) is amended by 
     striking ``(a)(4) of section 1629b of this title'' and 
     inserting ``section 36(a)(4)''.
       (3) The amendments made by this subsection take effect on 
     February 20, 2003.

     SEC. 10. BEAVER AIRPORT LAND AMENDMENT.

       (a) In General.--The Secretary shall execute such 
     instruments as are necessary to release the condition on a 
     portion of land situated adjacent to the community of Beaver, 
     Alaska, conveyed pursuant to Patent No. 50-69-0130 and dated 
     August 23, 1968, that the land revert to the United States if 
     the land is not used for airport purposes.
       (b) Tracts.--The release of the condition provided for in 
     subsection (a)--
       (1) shall apply to approximately 33 acres of land 
     identified as tracts II through VI of the Beaver Airport, a 
     part of U.S. Survey No. 3798, Alaska (referred to in this 
     section as the ``community expansion land'');
       (2) shall be without any requirement for receipt of fair 
     market value for the release and conveyance of the conditions 
     otherwise applicable to the community expansion land; and
       (3) shall be contingent on the conveyance by the State of 
     Alaska of the community expansion land to the Beaver 
     Kwit'chin corporation, the Village Corporation of the village 
     of Beaver, Alaska.
       (c) Reconveyance.--The Beaver Kwit'chin Corporation--
       (1) shall reconvey to any individual who currently occupies 
     a portion of the land, or successor in interest to such an 
     individual, title to such land as is currently occupied; and
       (2) may subsequently--
       (A) convey the remaining land to other individuals or 
     persons for community expansion purposes; or
       (B) retain the remaining land in whole or in part for 
     community uses.

     SEC. 11. PUYALLUP INDIAN TRIBE LAND CLAIMS SETTLEMENT 
                   AMENDMENTS.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary shall--
       (1) accept the conveyance of the parcels of land within the 
     Puyallup Reservation described in subsection (b); and
       (2) hold the land in trust for the benefit of the Puyallup 
     Indian Tribe.
       (b) Land Description.--The parcels of land referred to in 
     subsection (a) are as follows:
       (1) Parcel a.--Lot B, boundary line adjustment 9508150496: 
     according to the map thereof recorded August 15, 1995, 
     records of Pierce County Auditor, situate in the city of 
     Fife, county of Pierce, State of Washington.
       (2) Parcel b.--Lots 3 and 4, Pierce County Short Plat No. 
     8908020412: according to the map thereof recorded August 2, 
     1989, records of Pierce County Auditor, together with portion 
     of SR 5 abutting lot 4, conveyed by deed recorded under 
     recording number 9309070433, described as follows:
       That portion of Government lot 1, sec. 07, T. 20 N., R. 4 
     E., of the Willamette Meridian, described as commencing at 
     Highway Engineer's Station (hereinafter referred to as HES) 
     AL 26 6+38.0 P.O.T. on the AL26 line survey of SR 5, Tacoma 
     to King County line: Thence S88 deg.54'30" E., along the 
     north line of said lot 1 a distance of 95 feet to the true 
     point of beginning: Thence S01 deg.05'30" W87.4' feet: Thence 
     westerly to a point opposite HES AL26 5+0.6 P.O.T. on said 
     AL26 line survey and 75 feet easterly therefrom; Thence 
     northwesterly to a point opposite AL26 5+80.6 on said AL26 
     line survey and 55 feet easterly therefrom: Thence northerly 
     parallel with said line survey to the north line of said lot 
     1: Thence N88 deg.54'30" E., to the true point of beginning.
       Except that portion of lot 4 conveyed to the State of 
     Washington by deed recorded under recording number 9308100165 
     and more particularly described as follows:
       Commencing at the northeast corner of said lot 4: Thence 
     N80 deg.53'30" W., along the north line of said lot 4 a 
     distance of 147.44 feet to the true point of beginning and a 
     point of curvature; thence southwesterly along a curve to the 
     left, the center of which bears S0 deg.06'30" W., 55.00 feet 
     distance, through a central angle of 89 deg.01'00", an arc 
     distance of 85.45 feet; Thence S01 deg.05'30" W., 59.43 feet; 
     Thence N88 deg.54'30" W., 20.00 feet to a point on the 
     westerly line of said lot 4; Thence N0 deg.57'10" E., along 
     said westerly line 113.15 feet to the northwest corner of 
     said lot 4; Thence S89 deg.53'30" east along said north line, 
     a distance of 74.34 feet to the true point of beginning.
       Chicago Title Insurance Company Order No. 4293514 Lot A 
     boundary line adjustment recorded under Recording No. 
     9508150496. According to the map thereof recorded August 15, 
     1995, records of Pierce County Auditor.
       Situate in the city of Fife, county of Pierce, State of 
     Washington.

     SEC. 12. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, 
                   AND STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE 
                   HABITAT RESTORATION.

       (a) Disbursement Provisions of the State of South Dakota 
     and the Cheyenne River Sioux Tribe and the Lower Brule Sioux 
     Tribe Terrestrial Wildlife Habitat Restoration Trust Funds.--
     Section 602(a)(4) of the Water Resources Development Act of 
     1999 (113 Stat. 386) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by inserting ``and the Secretary of the 
     Treasury'' after ``Secretary''; and
       (B) by striking clause (ii) and inserting the following:
       ``(ii) Availability of funds.--On notification in 
     accordance with clause (i), the Secretary of the Treasury 
     shall make available to the State of South Dakota funds from 
     the State of South Dakota Terrestrial Wildlife Habitat 
     Restoration Trust Fund established under section 603, to be 
     used to carry out the plan for terrestrial wildlife habitat 
     restoration submitted by the State of South Dakota after the 
     State certifies to the Secretary of

[[Page S9642]]

     the Treasury that the funds to be disbursed will be used in 
     accordance with section 603(d)(3) and only after the Trust 
     Fund is fully capitalized.''; and
       (2) in subparagraph (B), by striking clause (ii) and 
     inserting the following:
       ``(ii) Availability of funds.--On notification in 
     accordance with clause (i), the Secretary of the Treasury 
     shall make available to the Cheyenne River Sioux Tribe and 
     the Lower Brule Sioux Tribe funds from the Cheyenne River 
     Sioux Terrestrial Wildlife Habitat Restoration Trust Fund and 
     the Lower Brule Sioux Terrestrial Wildlife Habitat 
     Restoration Trust Fund, respectively, established under 
     section 604, to be used to carry out the plans for 
     terrestrial wildlife habitat restoration submitted by the 
     Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe, 
     respectively, after the respective tribe certifies to the 
     Secretary of the Treasury that the funds to be disbursed will 
     be used in accordance with section 604(d)(3) and only after 
     the Trust Fund is fully capitalized.''.
       (b) Investment Provisions of the State of South Dakota 
     Terrestrial Wildlife Restoration Trust Fund.--Section 603 of 
     the Water Resources Development Act of 1999 (113 Stat. 388) 
     is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Investments.--
       ``(1) Eligible obligations.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall invest 
     the amounts deposited under subsection (b) and the interest 
     earned on those amounts only in interest-bearing obligations 
     of the United States issued directly to the Fund.
       ``(2) Investment requirements.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest the Fund in accordance with all of the requirements of 
     this paragraph.
       ``(B) Separate investments of principal and interest.--
       ``(i) Principal account.--The amounts deposited in the Fund 
     under subsection (b) shall be credited to an account within 
     the Fund (referred to in this paragraph as the `principal 
     account') and invested as provided in subparagraph (C).
       ``(ii) Interest account.--The interest earned from 
     investing amounts in the principal account of the Fund shall 
     be transferred to a separate account within the Fund 
     (referred to in this paragraph as the `interest account') and 
     invested as provided in subparagraph (D).
       ``(iii) Crediting.--The interest earned from investing 
     amounts in the interest account of the Fund shall be credited 
     to the interest account.
       ``(C) Investment of principal account.--
       ``(i) Initial investment.--Each amount deposited in the 
     principal account of the Fund shall be invested initially in 
     eligible obligations having the shortest maturity then 
     available until the date on which the amount is divided into 
     3 substantially equal portions and those portions are 
     invested in eligible obligations that are identical (except 
     for transferability) to the next-issued publicly issued 
     Treasury obligations having a 2-year maturity, a 5-year 
     maturity, and a 10-year maturity, respectively.
       ``(ii) Subsequent investment.--As each 2-year, 5-year, and 
     10-year eligible obligation matures, the principal of the 
     maturing eligible obligation shall also be invested initially 
     in the shortest-maturity eligible obligation then available 
     until the principal is reinvested substantially equally in 
     the eligible obligations that are identical (except for 
     transferability) to the next-issued publicly issued Treasury 
     obligations having 2-year, 5-year, and 10-year maturities.
       ``(iii) Discontinuance of issuance of obligations.--If the 
     Department of the Treasury discontinues issuing to the public 
     obligations having 2-year, 5-year, or 10-year maturities, the 
     principal of any maturing eligible obligation shall be 
     reinvested substantially equally in eligible obligations that 
     are identical (except for transferability) to the next-issued 
     publicly issued Treasury obligations of the maturities longer 
     than 1 year then available.
       ``(D) Investment of interest account.--
       ``(i) Before full capitalization.--Until the date on which 
     the Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested in eligible obligations 
     that are identical (except for transferability) to publicly 
     issued Treasury obligations that have maturities that 
     coincide, to the greatest extent practicable, with the date 
     on which the Fund is expected to be fully capitalized.
       ``(ii) After full capitalization.--On and after the date on 
     which the Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested and reinvested in 
     eligible obligations having the shortest maturity then 
     available until the amounts are withdrawn and transferred to 
     fund the activities authorized under subsection (d)(3).
       ``(E) Par purchase price.--The price to be paid for 
     eligible obligations purchased as investments of the 
     principal account shall not exceed the par value of the 
     obligations so that the amount of the principal account shall 
     be preserved in perpetuity.
       ``(F) Highest yield.--Among eligible obligations having the 
     same maturity and purchase price, the obligation to be 
     purchased shall be the obligation having the highest yield.
       ``(G) Holding to maturity.--Eligible obligations purchased 
     shall generally be held to their maturities.
       ``(3) Annual review of investment activities.--Not less 
     frequently than once each calendar year, the Secretary of the 
     Treasury shall review with the State of South Dakota the 
     results of the investment activities and financial status of 
     the Fund during the preceding 12-month period.''; and
       (2) in subsection (d)(2), by inserting ``of the Treasury'' 
     after Secretary''.
       (c) Investment Provisions for the Cheyenne River Sioux 
     Tribe and Lower Brule Sioux Tribe Trust Funds.--Section 604 
     of the Water Resources Development Act of 1999 (113 Stat. 
     389) is amended by striking subsection (c) and inserting the 
     following:
       ``(c) Investments.--
       ``(1) Eligible obligations.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall invest 
     the amounts deposited under subsection (b) and the interest 
     earned on those amounts only in interest-bearing obligations 
     of the United States issued directly to the Funds.
       ``(2) Investment requirements.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest each of the Funds in accordance with all of the 
     requirements of this paragraph.
       ``(B) Separate investments of principal and interest.--
       ``(i) Principal account.--The amounts deposited in each 
     Fund under subsection (b) shall be credited to an account 
     within the Fund (referred to in this paragraph as the 
     `principal account') and invested as provided in subparagraph 
     (C).
       ``(ii) Interest account.--The interest earned from 
     investing amounts in the principal account of each Fund shall 
     be transferred to a separate account within the Fund 
     (referred to in this paragraph as the `interest account') and 
     invested as provided in subparagraph (D).
       ``(iii) Crediting.--The interest earned from investing 
     amounts in the interest account of each Fund shall be 
     credited to the interest account.
       ``(C) Investment of principal account.--
       ``(i) Initial investment.--Each amount deposited in the 
     principal account of each Fund shall be invested initially in 
     eligible obligations having the shortest maturity then 
     available until the date on which the amount is divided into 
     3 substantially equal portions and those portions are 
     invested in eligible obligations that are identical (except 
     for transferability) to the next-issued publicly issued 
     Treasury obligations having a 2-year maturity, a 5-year 
     maturity, and a 10-year maturity, respectively.
       ``(ii) Subsequent investment.--As each 2-year, 5-year, and 
     10-year eligible obligation matures, the principal of the 
     maturing eligible obligation shall also be invested initially 
     in the shortest-maturity eligible obligation then available 
     until the principal is reinvested substantially equally in 
     the eligible, obligations that are identical (except for 
     transferability) to the next-issued publicly issued Treasury 
     obligations having 2-year, 5-year, and 10-year maturities.
       ``(iii) Discontinuation of issuance of obligations.--If the 
     Department of the Treasury discontinues issuing to the public 
     obligations having 2-year, 5-year, or 10-year maturities, the 
     principal of any maturing eligible obligation shall be 
     reinvested substantially equally in eligible obligations that 
     are identical (except for transferability) to the next-issued 
     publicly issued Treasury obligations of the maturities longer 
     than 1 year then available.
       ``(D) Investment of the interest account.--
       ``(i) Before full capitalization.--Until the date on which 
     each Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested in eligible obligations 
     that are identical (except for transferability) to publicly 
     issued Treasury obligations that have maturities that 
     coincide, to the greatest extent practicable, with the date 
     on which the Fund is expected to be fully capitalized.
       ``(ii) After full capitalization.--On and after the date on 
     which each Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested and reinvested in 
     eligible obligations having the shortest maturity then 
     available until the amounts are withdrawn and transferred to 
     fund the activities authorized under subsection (d)(3).
       ``(E) Par purchase price.--The price to be paid for 
     eligible obligations purchased as investments of the 
     principal account shall not exceed the par value of the 
     obligations so that the amount of the principal account shall 
     be preserved in perpetuity.
       ``(F) Highest yield.--Among eligible obligations having the 
     same maturity and purchase price, the obligation to be 
     purchased shall be the obligation having the highest yield.
       ``(G) Holding to maturity.--Eligible obligations purchased 
     shall generally be held to their maturities.
       ``(3) Annual review of investment activities.--Not less 
     frequently than once each calendar year, the Secretary of the 
     Treasury shall review with the Cheyenne River Sioux Tribe and 
     the Lower Brule Sioux Tribe the results of the investment 
     activities and financial status of the Funds during the 
     preceding 12-month period.''.

     SEC. 13. LAKE TRAVERSE RESERVATION HEIRSHIP.

       (a) In General.--Public Law 98-513 is amended by striking 
     section 5 (98 Stat. 2413) and inserting the following:

[[Page S9643]]

     ``SEC. 5. INHERITANCE OF SMALL FRACTIONAL INTERESTS.

       ``(a) Definition of Small Fractional Interest.--In this 
     section, the term `small fractional interest' means an 
     undivided trust or restricted interest in a parcel of land 
     within the reservation that--
       ``(1) represents less than 5 percent of the entire 
     undivided ownership of the parcel of land (as reflected in 
     the decedent's estate inventory as of the date on which the 
     decisionmaker enters the final decision determining heirs); 
     and
       ``(2) does not exceed the equivalent of 2\1/2\ acres if the 
     interest were to be expressed in terms of its proportionate 
     share of the total acreage of the parcel of land of which the 
     interest is a part.
       ``(b) Intestate Inheritance in General.--Notwithstanding 
     section 3, no small fractional interest shall pass by 
     intestate succession under this Act or any other provision of 
     law except as provided in subsection (c).
       ``(c) Inheritance by Tribe.--If a person dies possessed of 
     a small fractional interest that has not been devised in 
     accordance with subsection (d) to 1 or more eligible devisees 
     described in that subsection, the small fractional interest 
     shall pass to the Tribe, with title to the interest to be 
     held by the United States in trust for the Tribe.
       ``(d) Inheritance by Testamentary Devise.--
       ``(1) Eligible devisees.--Notwithstanding any other 
     provision of this Act, and subject to paragraph (2), a small 
     fractional interest may be devised only to the following 
     eligible devisees:
       ``(A) The tribe.
       ``(B) Any person who is a member, or eligible to be a 
     member, of the tribe.
       ``(2) Requirements.--No devise of a small fractional 
     interest shall be valid as to a devisee unless--
       ``(A) the devisee is eligible to receive the interest by 
     devise under paragraph (1);
       ``(B) the devisee is expressly identified in the devise by 
     name; and
       ``(C) the devise is made in a will that has been approved 
     by the Secretary of the Interior in accordance with section 2 
     of the Act of June 25, 1910 (36 Stat. 856, chapter 431).
       ``(3) Holding in trust.--Any small fractional interest 
     devised in accordance with this subsection shall pass to the 
     devisee or devisees on the death of the testator, with title 
     to be held by the United States in trust for the devisee or 
     devisees.''.
       (b) Notice to Landowners; Certification.--
       (1) Notice.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall provide notice of 
     the amendment made by subsection (a) to owners of trust and 
     restricted interests in land within the Lake Traverse Indian 
     Reservation by--
       (A) posting written notice of the amendment at the 
     administrative headquarters of the Sisseton-Wahpeton Sioux 
     Tribe of North Dakota and South Dakota and at the Agency of 
     the Bureau of Indian Affairs located in Agency Village, South 
     Dakota;
       (B) publishing the notice not fewer than 4 times in 
     newspapers of general circulation in all counties in which 
     any part of the Lake Traverse Indian Reservation is located; 
     and
       (C) sending the notice by first class mail to the last 
     known addresses of Indians with interests in trust or 
     restricted land within the Lake Traverse Indian Reservation 
     for whom the Secretary has such an addresss.
       (2) Certification.--After providing notice under paragraph 
     (1), the Secretary shall--
       (A) certify that notice has been given in accordance with 
     that paragraph; and
       (B) publish notice of the certification in the Federal 
     Register.
       (c) Effective Date.--
       (1) Effect on interests.--The amendment made by subsection 
     (a) shall not affect any interest in the estate of a person 
     who dies before the date that is 1 year after the date on 
     which the Secretary publishes notice of the certification 
     under subsection (b)(2).
       (2) Effect on wills.--The amendment made by subsection (a) 
     shall not affect the validity or effect of any will executed 
     before the date that is 1 year after the date on which the 
     Secretary publishes notice of the certification under 
     subsection (b)(2).

     SEC. 14. AMENDMENT OF DEFINITION.

       Section 2(9) of Public Law 101-601 (25 U.S.C. 3001(9)) is 
     amended by inserting ``or was'' after ``is''.
                                 ______