[House Report 110-692]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-692

======================================================================



 
   TO AMEND CERTAIN LAWS RELATING TO NATIVE AMERICANS, AND FOR OTHER 
                                PURPOSES

                                _______
                                

  June 5, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5680]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 5680) to amend certain laws relating to Native 
Americans, and for others purposes, having considered the same, 
report favorably thereon with amendments and recommend that the 
bill as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Table of contents.
Sec. 2. Colorado River Indian Tribes.
Sec. 3. Gila River Indian Community contracts.
Sec. 4. Land and interests of the Sault Ste. Marie Tribe of Chippewa 
Indians of Michigan.
Sec. 5. Morongo Band of Mission Indians Lease Extension.
Sec. 6. Cow Creek Band of Umpqua Tribe of Indians leasing authority.
Sec. 7. New Settlement Common Stock issued to descendants, left-outs, 
and elders.
Sec. 8. Miccosukee Tribe of Indians of Florida.

SEC. 2. COLORADO RIVER INDIAN TRIBES.

  From revenues deposited into the Treasury after the date of the 
enactment of this Act pursuant to section 3 of the Act of August 7, 
1946 (25 U.S.C. 385c) and disbursed pursuant to Public Law 82-136, from 
power operations on the reservation of the Colorado River Indian Tribe 
and earnings derived from such revenues under section 1(b) of the Act 
of June 24, 1938 (25 U.S.C. 162a(b)), the Secretary of the Interior may 
make an annual disbursement to the Colorado River Indian Tribes. Funds 
disbursed under this section--
          (1) shall be used to fund the Office of the Colorado River 
        Indian Tribes Reservation Energy Development;
          (2) shall not affect funds held from any other irrigation 
        project;
          (3) shall not be less than $200,000 and not to exceed 
        $350,000 annually; and
          (4) shall only be disbursed in years that the revenues 
        deposited exceed the amount required to carry out the purposes 
        for which they were deposited under section 3(1) of the Act of 
        August 7, 1946 (25 U.S.C. 385c(1)).

SEC. 3. 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. 4. 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. 5. 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. 6. 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. 7. NEW SETTLEMENT COMMON STOCK ISSUED TO DESCENDANTS, LEFT-OUTS, 
                    AND ELDERS.

  Section 7 of the Alaska Native Claims Settlement Act, (Public Law 92-
203; 85 Stat. 691), is amended--
          (1) by amending subsection (g)(1)(B)(iii) (43 U.S.C. 
        1606(g)(1)(B)(iii)), to read as follows:
  ``(iii) The amendment authorized by clause (i) may provide that 
Settlement Common Stock issued to a Native pursuant to such amendment 
(or stock issued in exchange for such Settlement Common Stock pursuant 
to subsection (h)(3) of this section or section 1626c(d) of this title) 
shall be subject to one or more of the following:
          ``(I) Such stock shall be deemed canceled upon the death of 
        such Native, and no compensation for this cancellation shall be 
        paid to the estate of the deceased Native or to any person 
        holding stock.
          ``(II) Such stock shall carry limited or no voting rights.
          ``(III) Such stock shall not be transferred by gift as 
        provided in subparagraph (h)(1)(C)(iii).''; and
          (2) in subsection (h)(1)(C) (43 U.S.C. 1606(h)(1)(C)), by 
        striking ``Notwithstanding the restrictions'' and inserting 
        ``Expect as otherwise expressly provided in this chapter and''.

SEC. 8. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA.

  As soon as practicable after the date of the enactment of this Act, 
the Secretary of the Interior shall, consistent with the National 
Environmental Policy Act of 1969, take into trust for the benefit of 
the Miccosukee Tribe of Indians of Florida the land described as Tract 
A and Tract B, Kendale Lakes North Section One, according to the Map or 
Plat thereof, as recorded in Plat Book 93, Page 1, Public Records of 
Miami-Dade County, Florida. After having been taken into trust, the 
land described in this section shall be part of the reservation of the 
Miccosukee Tribe of Indians of Florida.

  Amend the title so as to read:

      A bill to amend certain laws relating to Native 
Americans, and for other purposes.

                          Purpose of the Bill 

    The purpose of H.R. 5680, as ordered reported, is to amend 
certain laws relating to Native Americans, and for other 
purposes.

                  Background and Need for Legislation

    H.R. 5680, as ordered reported, is comprised of seven 
distinct measures that seek to resolve issues affecting certain 
Native Americans and Alaska Natives. Specifically, these 
measures all concern self-governance and economic development 
needs and authorities of various tribes and Alaska Native 
corporations.

                      COLORADO RIVER INDIAN TRIBES

    A 1946 Act of Congress provides that electrical power 
revenues generated from operation of the Bureau of Indian 
Affairs (BIA) power system on the Colorado River Indian 
Reservation are to be expended for the Reservation's BIA power 
system. Furthermore, a 1983 Act of Congress provides that the 
investment proceeds that accrue from operating the 
Reservation's BIA power system are to be expended on costs 
relating to the Reservation's BIA power system. Under federal 
law, no other Indian tribe has a claim to either the revenue 
the BIA collects from the power system or investment proceeds.
    Colorado River Indian Tribes (CRIT) has had longstanding 
concerns over the Department's management of the funds and they 
believe they are capable of overseeing the management and 
funding of the power system. H.R. 5680 seeks clarification that 
the Secretary of the Interior may disburse some of the power 
system proceeds to CRIT in order for CRIT to create the Office 
of the Colorado Indian Tribes Reservation Energy Development.

                 GILA RIVER INDIAN COMMUNITY CONTRACTS

    In 2005, Congress enacted language to the leasing 
provisions of Title 25 of the U.S. Code on behalf of the Gila 
River Indian Community which authorized the Community to allow 
for binding arbitration of disputes that arise from commercial 
leases or contracts. The Gila River Indian Community has 
adopted standard provisions in its commercial agreements which 
provide for arbitration should any dispute arise relating 
thereto. These provisions typically provide that the agreement 
to arbitrate may be enforced in either Federal or Tribal Court. 
Many non-Indian businesses still lack a complete understanding 
of tribal courts, however, and remain uncomfortable with the 
prospect of pursuing disputes in those courts. The Community 
believes, therefore, that this legislation would encourage 
business development on the Gila River Reservation by providing 
prospective developers certainty and predictability as it 
pertains to the mechanism for resolving potential contractual 
disputes.

  LAND AND INTERESTS OF SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS OF 
                                MICHIGAN

    In 1993, the Sault Ste. Marie Tribe purchased 16 acres of 
private land in the city of St. Ignace, Michigan and operated a 
motel on the property for several years. The Tribe donated this 
fee simple land to the Mackinac Straits Hospital Authority 
(MSH) for the purpose of constructing a new hospital in 2005. 
The new hospital construction is backed by a $35 million loan 
guarantee from the U.S. Department of Agriculture (USDA). As 
part of the loan guarantee, the USDA requires title insurance 
coverage.
    The Indian Non-Intercourse Act, 25 U.S.C. Sec. 177, 
prohibits the sale, grant or lease of land from any Indian 
nation without the consent of the federal government. Although 
this does not apply to land held by a tribe in fee simple 
status, the title insurance company will not issue coverage 
until either the Bureau of Indian Affairs (BIA) commits in 
writing that they will not enforce the Indian Non-Intercourse 
Act or Congress approves the land transfer through legislation. 
Current administration policy is that the Non-Intercourse Act 
does not grant the Secretary of the Interior the authority to 
approve private (fee) land sales without direct authorization 
from Congress. USDA is holding up the loan guarantee until the 
title insurance company agrees to the coverage.
    This provision will address the title company's concern by 
making clear the Tribe's right to convey the land for the 
hospital in 2005 was legal. The title insurance can then be 
acquired and the USDA loan guarantee secured.

                     MORONGO TRIBE LEASE EXTENSION

    The Morongo Band of Mission Indians' Reservation is located 
on approximately 36,000 acres of land, bisected by the east-
west I-10 corridor near Banning, California. In 2002, the tribe 
began a program to develop an industrial park using parcels of 
land south of I-10. To date, the tribe has been successful in 
securing a long-term lease agreement with the Nestle company 
and one of its subsidiary units, Arrowhead Water, for the 
production and bottling of water for personal consumption. 
However, the Morongo Tribe believes it necessary to have the 
ability to enter into lease agreements for periods longer than 
their current authorized term of 25 years in order to attract 
additional tenants and diversify their economy. Many of 
Morongo's neighboring Indian tribes have been granted extended 
leasing authority, and therefore the Tribe believes that it 
must seek similar authority in order to remain competitive.

                    COW CREEK BAND LEASING AUTHORITY

    The Cow Creek Band has been actively investing in local 
infrastructure and economic development with the goals of 
diversifying their economy and assisting in shaping and 
recreating the local economy. They continue to seek to attract 
outside businesses and capital to their under-developed 
commercial and industrial areas near I-5 in southwestern 
Oregon. However, during previous business negotiations, the 
Band's currently authorized 25-year lease term has been a 
limiting factor. Many businesses have been reluctant to make 
large investments when there is no guarantee that they could 
operate their business beyond 25 years.
    Most other tribes located in Oregon have the authority to 
enter into 99-year leases, and therefore the Band believes they 
are at a disadvantage. H.R. 5680 provides this authority, which 
the Band would like to obtain in order to remain competitive 
with neighboring tribes.

NEW SETTLEMENT COMMON STOCK ISSUED TO DESCENDANTS, LEFT-OUTS AND ELDERS

    Pursuant to the Alaska Native Claims Settlement Act 
(ANCSA), Alaska Natives born before December 18, 1971, were 
enrolled to one of thirteen Regional Corporations as 
shareholders, and to the Villages in which they lived or to 
which they had an historical, cultural, and familial tie. All 
shareholders enrolled to one of the Regional Corporations 
received original settlement common stock that carried with it 
certain rights, such as the right to allocate the shares 
through inheritance or by gift to family members, or to vote in 
Board elections or on corporate resolutions at annual meetings.
    In 1988, ANCSA was amended to allow a Regional Corporation 
to authorize the issuance of additional shares of settlement 
common stock to Shareholder Descendants, Left-Outs and Elders. 
To issue new stock pursuant to the 1988 amendment, a Regional 
Corporation was required to have a favorable vote from a 
majority of all shares of the Corporation. In 2006, the ANCSA 
voting standards were amended to allow ANCSA Corporations to 
adopt a resolution to issue new settlement common stock to 
Shareholder Descendants, Left-Outs and Elders through a simple 
majority vote of those present and voting.
    Several ANCSA Regional Corporations would like to now bring 
this issue to a vote, but would like to have the option of 
issuing new settlement common stock with voting limitations and 
limitations on the ability to transfer the stock by gift. The 
current law as written in ANCSA is not clear regarding the 
ability to limit voting rights or transfer by gift with regards 
to issuance of new stock. The language of H.R. 5680 allows 
ANCSA corporation shareholders to determine the type of new 
settlement stock that could be issued.

             SEC. 8. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA

    In 2003, the Miccosukee Tribe of Indians submitted an 
application to the Department of the Interior to place its 
Miccosukee Golf and Country Club enterprise land in south 
Florida into trust for the benefit of the Tribe. According to 
the Tribe, the entire application, including environmental 
studies, is complete and has been pending for 5 years. The land 
is near, but not contiguous to the Miccosukee Reservation and 
is well within the geographic range of the Tribe's traditional 
and ancestral lands.

                            Committee Action

    H.R. 5680 was introduced on April 2, 2008 by Representative 
Raul Grijalva (D-AZ), and referred to the Committee on Natural 
Resources. On April 9, 2008, the Committee on Natural Resources 
held a hearing on the bill.
    On May 14, 2008, the Committee on Natural Resources met to 
mark up the bill. Rep. Grijalva (D-AZ) offered an amendment in 
the nature of a substitute to make several technical 
corrections to the bill, such as using the full title for the 
Morongo Band of Mission Indians as well as the Cow Creek Band 
of Umpqua Tribe of Indians. Language pertaining to the Colorado 
River Indian Tribes was revised to specify a minimum and 
maximum amount of money that may be disbursed by the Secretary 
to the Tribe to develop an Office of Energy Development. Two 
provisions were dropped from the bill, one pertaining to the 
Columbia River Inter-Tribal Fish Commission and one pertaining 
to the Lac du Flambeau Band of Lake Superior Chippewa Indians 
of Wisconsin. Finally, the substitute seeks to ensure that the 
land into trust acquisition authorized by H.R. 5680 for the 
Miccosukee Tribe of Indians of Florida is consistent with the 
National Environmental Policy Act of 1969 (NEPA). The amendment 
in the nature of a substitute was adopted by unanimous consent. 
The bill as amended was then ordered favorably reported to the 
House of Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Table of contents

Section 2. Colorado River Indian Tribes

    Section 2 authorizes the Secretary of the Interior to use 
revenues deposited in the Treasury from power operations on the 
Colorado River Indian Tribes Reservation to establish the 
Office of the Colorado Indian Tribes Reservation Energy 
Development.

Section 3. Gila River Indian Community contracts

    Section 3 clarifies that construction contracts are 
included in those to which the Gila River Indian Community is 
authorized to enter into agreements for binding arbitration.

Section 4. Land and interests of the Sault Ste. Marie Tribe of Chippewa 
        Indians of Michigan

    Section 4 clarifies the right of the Sault Ste. Marie Tribe 
of Chippewa Indians of Michigan to transfer land owned by the 
Tribe in fee simple status.

Section 5. Morongo Band of Mission Indians Lease Extension

    Section 5 amends the Indian Long-Term Leasing Act, 25 
U.S.C. 415, to authorize the Morongo Band of Mission Indians to 
lease lands held in trust for up to 50 years. Currently, the 
Indian Long-Term Leasing Act authorizes tribes to enter into 25 
year leases, with the option to renew for an additional 25 
years.

Section 6. Cow Creek Band of Umpqua Tribe of Indians leasing authority

    Section 6 amends the Indian Long-Term Leasing Act, 25 
U.S.C. Sec. 415, to authorize the Cow Creek Band of Umpqua 
Indians, Oregon to lease lands held in trust for up to 99 
years. Currently, the Indian Long-Term Leasing Act authorizes 
tribes to enter into 25 year leases, with the option to renew 
for an additional 25 years.

Section 7. New settlement common stock issued to descendants, left-
        outs, and elders

    Section 7 would clarify that an ANCSA Regional Corporation 
could issue additional settlement stock to Shareholder 
Descendants, Left-outs, and Elders, with certain limitations on 
voting rights and the right to transfer by gift.

Section 8. Miccosukee Tribe of Indians of Florida

    Section 8 takes land into trust for the Miccosukee Tribe of 
Indians of Florida.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend certain laws relating to 
Native Americans.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 5680--A bill to amend certain laws relating to Native Americans, 
        and for other purposes

    H.R. 5680 would amend various laws concerning Native 
Americans. CBO estimates that implementing this legislation 
would have no significant impact on the federal budget. 
Enacting H.R. 5680 would increase direct spending by roughly 
$300,000 annually but would not affect revenues.
    H.R. 5680 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Reform Mandates Act and 
would impose no costs on State, local, or tribal governments. 
The provisions would benefit several Indian tribes.
    The bill would authorize the Secretary of the Interior to 
make payments of between $200,000 and $350,000 annually to the 
reservation of Colorado River Indian Tribes for a new local 
energy department. The payments would be made from receipts 
earned from the sale of electricity generated by the federally 
owned Colorado River power system on that reservation.
    Under current law, such receipts from electricity sales--an 
estimated $10 million a year--may be used without further 
appropriation to operate and maintain generating facilities, 
transmission lines, and other infrastructure. Under the bill, 
receipts collected in excess of amounts needed for those 
purposes would be available, also without further 
appropriation, for payments to the tribe. Assuming that 
receipts will be available for the new energy department, CBO 
estimates that the additional direct spending under the bill 
would total around $300,000 a year.
    Other sections of the bill would have no significant impact 
on the federal budget. Those sections would:
     Authorize the Secretary to take lands into trust 
for the Miccosukee Tribe of Indians of Florida;
     Allow certain tribes to lease lands held in trust 
for more than 25-year terms; and
     Permit the Sault Ste. Marie Tribe of Chippewa 
Indians of Michigan to lease, transfer, or convey, without the 
approval of the Secretary, any interest in land not held in 
trust by the United States.
    The CBO staff contact for this estimate is Leigh Angres. 
The estimate was approved by Theresa Gullo, Deputy Assistance 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 5680 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                         ACT OF AUGUST 9, 1955


        (Commonly referred to as the ``Long-Term Leasing Act'')


AN ACT To authorize the leasing of restricted Indian lands for public, 
religious, educational, recreational, residential, business, and other 
           purposes requiring the grant of long-term leases.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
any restricted Indian lands, whether tribally or individually 
owned, may be leased by the Indian owners, with the approval of 
the Secretary of the Interior, for public, religious, 
educational, recreational, residential, or business purposes, 
including the development or utilization of natural resources 
in connection with operations under such leases, for grazing 
purposes, and for those farming purposes which require the 
making of a substantial investment in the improvement of the 
land for the production of specialized crops as determined by 
said Secretary. All leases so granted shall be for a term of 
not to exceed twenty-five years, except leases of land located 
outside the boundaries of Indian reservations in the State of 
New Mexico, leases of land on the Agua Caliente (Palm Springs) 
Reservation, the Dania Reservation, the Pueblo of Santa Ana 
(with the exception of the lands known as the ``Santa Ana 
Pueblo Spanish Grant''), the reservation of the Confederated 
Tribes of the Warm Springs Reservation of Oregon, the Moapa 
Indian Reservation, the Swinomish Indian Reservation, the 
Southern Ute Reservation, the Fort Mojave Reservation, the 
Confederated Tribes of the Umatilla Indian Reservation, the 
Burns Paiute Reservation, the Kalispel Indian Reservation, the 
pueblo of Cochiti, the pueblo of Pojoaque, the pueblo of 
Tesuque, the pueblo of Zuni, the Hualapai Reservation, the 
Spokane Reservation, the San Carlos Apache Reservation, the 
Yavapai-Prescott Community Reservations, the Pyramid Lake 
Reservation, the Gila River Reservation, the Soboba Indian 
Reservation, the Viejas Indian Reservation, the Tulalip Indian 
Reservation, the Navajo Reservation, the Cabazon Indian 
Reservation, the Muckleshoot Indian Reservation and land held 
in trust for the Muckleshoot Indian Tribe, the Mille Lacs 
Reservation with respect to a lease between an entity 
established by the Mille Lacs Band of Chippewa Indians and the 
Minnesota Historical Society, leases of the the lands 
comprising the Moses Allotment Numbered 8 and the Moses 
Allotment Numbered 10, Chelan County, Washington, and lands 
held in trust for the Las Vegas Paiute Tribe of Indians, and 
lands held in trust for the Twenty-nine Palms Band of Luiseno 
Mission Indians, and lands held in trust for the Reno Sparks 
Indian Colony, lands held in trust for the Torres Martinez 
Desert Cahuilla Indians, lands held in trust for the Guidiville 
Band of Pomo Indians of the Guidiville Indian Rancheria, lands 
held in trust for the Confederated Tribes of the Umatilla 
Indian Reservation, lands held in trust for the Confederated 
Tribes of the Warm Springs Reservation of Oregon, and lands 
held in trust for the Cow Creek Band of Umpqua Tribe of 
Indians, land held in trust for the Prairie Band Potawatomi 
Nation, lands held in trust for the Cherokee Nation of 
Oklahoma, land held in trust for the Fallon Paiute Shoshone 
Tribes, lands held in trust for the Pueblo of Santa Clara, land 
held in trust for the Yurok Tribe, land held in trust for the 
Hopland Band of Pomo Indians of the Hopland Rancheria, lands 
held in trust for the Yurok Tribe, lands held in trust for the 
Hopland Band of Pomo Indians of the Hopland Rancheria, lands 
held in trust for the Confederated Tribes of the Colville 
Reservation, lands held in trust for the Cahuilla Band of 
Indians of California, lands held in trust for the confederated 
Tribes of the Grand Ronde Community of Oregon, and the lands 
held in trust for the Confederated Salish and Kootenai Tribes 
of the Flathead Reservation, Montana, and leases to the Devils 
Lake Sioux Tribe, or any organization of such tribe, of land on 
the Devils Lake Sioux Reservation, which may be for a term of 
not to exceed ninety-nine years, 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, and except leases of land 
for grazing purposes which may be for a term of not to exceed 
ten years. Leases for public, religious, educational, 
recreational, residential, or business purposes with the 
consent of both parties may include provisions authorizing 
their renewal for one additional term of not to exceed twenty-
five years, and all leases and renewals shall be made under 
such terms and regulations as may be prescribed by the 
Secretary of the Interior. Prior to approval of any lease or 
extension of an existing lease pursuant to this section, the 
Secretary of the Interior shall first satisfy himself that 
adequate consideration has been given to the relationship 
between the use of the leased lands and the use of neighboring 
lands; the height, quality, and safety of any structures or 
other facilities to be constructed on such lands; the 
availability of police and fire protection and other services; 
the availability of judicial forums for all criminal and civil 
causes arising on the leased lands; and the effect on the 
environment of the uses to which the leased lands will be 
subject.

           *       *       *       *       *       *       *

  (f) An contract, including a [lease, affecting] lease or 
construction contract, affecting land within the Gila River 
Indian Community Reservation may contain a provision for the 
binding arbitration of disputes arising out of such contract. 
Such contracts shall be considered within the meaning of 
``commerce'' as defined and subject to the provisions of 
section 1 of title 9, United States Code. Any refusal to submit 
to arbitration pursuant to a binding agreement for arbitration 
or the exercise of any right conferred by title 9 to abide by 
the outcome of arbitration pursuant to the provisions of 
chapter 1 of title 9, sections 1 through 14, United States 
Code, shall be deemed to be a civil action arising under the 
Constitution, laws or treaties of the United States within the 
meaning of section 1331 of title 28, United States Code.

           *       *       *       *       *       *       *

                              ----------                              


                  ALASKA NATIVE CLAIMS SETTLEMENT ACT



           *       *       *       *       *       *       *
                         REGIONAL CORPORATIONS

  Sec. 7. (a) * * *

           *       *       *       *       *       *       *

  (g)(1) Settlement common stock.--(A) * * *
  (B)(i) * * *

           *       *       *       *       *       *       *

  [(iii) The amendment authorized by clause (i) may provide 
that Settlement Common Stock issued to a Native pursuant to 
such amendment (or stock issued in exchange for such Settlement 
Common Stock pursuant to subsection (h)(3) or section 37(d)) 
shall be deemed canceled upon the death of such Native. No 
compensation for this cancellation shall be paid to the estate 
of the deceased Native or to any person holding the stock.]
  (iii) The amendment authorized by clause (i) may provide that 
Settlement Common Stock issued to a Native pursuant to such 
amendment (or stock issued in exchange for such Settlement 
Common Stock pursuant to subsection (h)(3) of this section or 
section 1626c(d) of this title) shall be subject to one or more 
of the following:
          (I) Such stock shall be deemed canceled upon the 
        death of such Native, and no compensation for this 
        cancellation shall be paid to the estate of the 
        deceased Native or to any person holding stock.
          (II) Such stock shall carry limited or no voting 
        rights.
          (III) Such stock shall not be transferred by gift as 
        provided in subparagraph (h)(1)(C)(iii).

           *       *       *       *       *       *       *

  (h)(1) Rights and restrictions.--(A) * * *

           *       *       *       *       *       *       *

  (C) [Notwithstanding the restrictions] Expect as otherwise 
expressly provided in this chapter and set forth in 
subparagraph (B), Settlement Common Stock may be transferred to 
a Native or a descendant of a Native--
  (i) * * *

           *       *       *       *       *       *       *


                                  
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