[Congressional Record Volume 154, Number 176 (Wednesday, November 19, 2008)]
[Senate]
[Pages S10676-S10678]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     ALBUQUERQUE INDIAN SCHOOL ACT

  Mr. CASEY. Mr. President, I ask unanimous consent that the Chair now 
lay before the Senate the House message to accompany S. 1193.
  There being no objection, the Presiding Officer (Mr. Pryor) laid 
before the Senate the following message from the House of 
Representatives:

                                S. 1193

       Resolved, That the bill from the Senate (S. 1193) entitled 
     ``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.'', do pass with 
     the following amendments:
       Strike all after the enacting clause and insert the 
     following:

                 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

[[Page S10677]]

     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--

[[Page S10678]]

       ``(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''.
         Amend the title so as to read: ``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.''.

  Mr. CASEY. Mr. President, I ask unanimous consent that the Senate 
concur in the House amendments, the motion to reconsider be laid upon 
the table, and that any statements relating to the bill be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________