39–010

Calendar No. 751

108TH CONGRESS REPORT " SENATE ! 2d Session 108–406

MAKING TECHNICAL CORRECTIONS TO LAWS RELATING 

TO NATIVE AMERICANS, AND FOR OTHER PURPOSES 

NOVEMBER 10, 2004.—Ordered to be printed

Filed, under authority of the order of the Senate of October 11, 2004

Mr. CAMPBELL, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 2843]

The Committee on Indian Affairs, to which was referred the bill 

(S. 2843) to make technical corrections to laws relating to Native 

Americans, and for other purposes, having considered the same, reports favorably thereon with amendments and recommends that 

the bill (as amended) do pass. 

PURPOSE

The purpose of S. 2843 is to address miscellaneous provisions related to Indians or Indian tribes in one bill, obviating the need for 

the introduction and enactment of separate smaller bills. S. 2843 

contains twelve provisions, including amending provisions of statutes relating to particular Indian tribes, and modifying certain programs related to Native Americans. 

BACKGROUND

The Native American Technical Corrections Act of 2004 contains 

separate provisions dealing with a variety of topics including the 

Indian Financing Act of 1974, the Indian Arts and Crafts Act, The 

Act of June 7, 1924 (also known as the Indian Pueblo Act), The Indian Reorganization Act, The Act of August 9, 1955, the Alaska Native Claims Settlement Act, the Water Resources Development Act 

of 1999, and the Lake Traverse Reservation Heirship Act. The bill 

also provides technical amendments to provisions relating to parVerDate jul 14 2003 01:16 Nov 13, 2004 Jkt 039010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR406.XXX SR406
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ticular Indian tribes and to general laws relating to Native American programs. A more detailed explanation of each provision is included in the section-by-section analysis included in this report. 

LEGISLATIVE HISTORY

The Native American Technical Corrections Act of 2004 (S. 2843) 

was introduced on September 23, 2004 by Senator Campbell and 

was referred to the Committee on Indian Affairs. On September 29, 

2004, the Committee on Indian Affairs convened a business meeting to consider S. 2943 and other measures that had been referred 

to it, and on that date the Committee favorably reported the bill 

with two amendments. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTE

On September 29, 2004, the Committee on Indian Affairs, in an 

open session, adopted an amended version of S. 2843 by voice vote 

and ordered the bill, as amended, reported favorably to the Senate. 

SECTION-BY-SECTION ANALYSIS OF S. 2843 

Section 1. Short Title; Table of Contents 

Section 1 provides the short title of the Act as the Native American Technical Corrections Act of 2004 and provides a Table of Contents for the bill. 

Section 2. Definition of Secretary 

Section 2 defines the term ‘‘Secretary’’ to mean the Secretary of 

the Interior. 

Section 3. Indian Arts and Crafts Act Amendments 

In 1990 Congress authorized the establishment of the Indian 

Arts and Crafts Board (IACB), Department of Interior, to report 

complaints of fraudulent Indian-made arts and crafts to the Federal Bureau of Investigation. Reporting suspicious Indian-made 

arts and crafts was necessary to ensure the authenticity of Indian 

arts and craft-work in response to the growing presence of fraudulent ‘‘Indian’’ products. In 2000, Congress enacted amendments to 

the Indian Arts and Crafts Act that authorized an Indian tribe the 

ability to bring civil suit against wholesalers who are involved in 

the chain of distribution. However, because there are few resources 

dedicated to enforcing violations of the Indian Arts and Crafts Act 

of 2000 (Pub. L. 106–497), section 3 authorizes the IACB to impose 

administrative fines and penalties of up to 100 percent of the price 

of the goods offered or displayed for sale in violation of the Act, not 

to exceed $500,000. 

Section 4. Indian Financing Act Amendments 

Section 4 amends the Indian Financing Act of 1974 (Pub. L. 93–

262) to expedite implementation of a secondary market for the Bureau of Indian Affairs Loan Guaranty Program. Due to a technical 

error in the previous amendments made to the Loan Guaranty program by the Indian Financing Act Amendments of 2002 (Pub. L. 

107–331), section 4 authorizes the Department to promulgate regulations for the secondary market program. 

3

1The Gutierrez decision created uncertainty and the potential for a void in criminal jurisdiction on Pueblo lands. The proposed amendment to the Indian Pueblo Lands Act makes clear 

that the Pueblos have jurisdiction, as part 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 committed anywhere within the exterior boundaries 

of any grant to a Pueblo from a prior sovereign, as confirmed by Congress or the Court of Private Lands Claims. 

The legislation also makes clear that the United States has jurisdiction over any offense within these grants 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. Finally, the legislation makes clear that the State of New Mexico shall have jurisdiction over any offense within these grants committed by a person who is 

not a member of a Federally-recognized Indian tribe, provided that the offense is not subject 

to the jurisdiction of the United States. 

Nothing in this amendment is intended to diminish the scope of Pueblo civil jurisdiction within the exterior boundaries of Pueblo grants, which is defined by Federal and Tribal laws and 

court decisions. 

Section 5. Indian Pueblo Land Act Amendments 

Section 5 amends the Act of June 7, 1924 (43 Stat. 636, chapter 

331) also known as the Indian Pueblo Lands Act of 1924, to clarify 

the uncertainty and potential law enforcement problems resulting 

from a Federal district court decision in the case of the United 

States v. Gutierrez 1 No. CR 00–375 LH (D.N.M. Dec. 1, 2000). 

The decision overturned precedent regarding the jurisdictional 

status of the lands within the boundaries of New Mexico Pueblo 

land grants and resulted in creating a potential void in criminal jurisdiction. Section 5 provides a clarification of the Pueblos regarding criminal jurisdiction on New Mexico Pueblo lands. 

Section 6. Indian Reorganization Act Amendment 

Section 6 amends Section 17 of the Act of June 18, 1934, (the Indian Reorganization Act, 48 Stat. 987) which authorizes triballyowned companies incorporated on Indian reservations to use real 

property for economic development purposes. Under current law, 

section 17 corporations may not lease tribal land for periods exceeding 25 years. Section 6 extends the allowable term of tribal 

land leases from 25 to 99 year terms for Section 17 corporations 

to encourage economic development. 

Section 7. Prairie Island Land Conveyance 

Section 7 authorizes the transfer of lands now held by the United 

States Army Corps of Engineers to the Department of the Interior 

to be held in trust for the benefit of the Prairie Island Indian Community in Red Wing, Minnesota. The transfer will have no effect 

on the tax status of the lands, nor will the Prairie Island Indian 

Community be permitted to develop commercial or gaming facilities 

on the land. The U.S. government’s existing flowage easements will 

be maintained. 

Section 8. Gila River Indian Community Binding Arbitration

Section 8 amends Act of August 9, 1955, (Pub. L. 86–326) to 

allow binding arbitration clauses to be included in all contracts, including leases, that affect tribally-owned land within the Gila River 

Indian Community reservation. All leases including subleases, 

master leases and tenant leases would be included under this provision. The tribe intends to conform to standard leasing terms to 

attract potential tenants to the reservation. 

4

Section 9. Alaska Native Claims Settlement Act Voting Standards 

Amendment 

The Alaska Native Claims Settlement Act (ANCSA) limited Alaska Native Regional Corporations from enrolling Alaska Natives 

born after December 18, 1971, as shareholders in their respective 

corporations. Natives born after December 18, 1971 may enroll only 

if the existing shareholders of the Corporation adopt a resolution 

by a majority of the total voting power of the corporation. However, 

geography makes obtaining a majority an extremely difficult 

threshold to meet. Section 9 would authorize a Shareholder Descendants Resolution to be approved by a majority of the shares 

voted, either present or by proxy, at an annual meeting. 

Section 10. Beaver Airport Land Amendment 

The State of Alaska has agreed to transfer 33 acres to the Beaver 

Kwit’chin Corporation to reconvey title to individual land owners 

for future growth of the village of Beaver, Alaska. Section 10 authorizes a statutory release of the reverter clause affecting the 33 

acres of airport land adjacent to the village of Beaver. The release 

would avoid triggering a reverter clause which would otherwise 

cause the land to revert back to the Federal government. 

Section 11. Puyallup Indian Tribe Land Claims Settlement Amendments 

To provide for the expansion of the Port of Tacoma’s shipping terminal and other port facilities, the Port Commission of Tacoma, 

Washington and the Puyallup Tribal Council executed a cooperative economic development agreement for the expansion of the Port 

of Tacoma. Under the terms of the agreement, the Tribe is required 

to relocate its gaming operations from its current location to another location within the Puyallup reservation boundaries. Section 

11 authorizes the Federal government to take into trust on behalf 

of the Puyallup tribe 2 parcels within the Puyallup reservation. 

The Washington State Congressional delegation, the State of 

Washington, the Cities of Tacoma, Fife, and Puyallup support the 

transfer. 

Section 12. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, 

and State of South Dakota Terrestrial Wildlife Habitat Restoration 

Section 12 amends the existing investment provisions in title VI 

of the Water Resources Development Act of 1999 (Pub. L. 106–53) 

to correct problems with the existing statutory investment provisions for three Terrestrial Wildlife Habitat Restoration Trust 

Funds in South Dakota. Section 12 would require that principal 

and interest amounts be invested separately in nonmarketable 

market-based special Treasury securities. The change conforms to 

the Treasury Department’s standard investment practices. 

Section 13. Sisseton Wahpeton Heirship Act Amendments 

Section 13 amends Pub. L. 98–513, a bill pertaining to the inheritance of trust or restricted land on the Lake Traverse Indian Reservation in the states of both North and South Dakota. This section 

replaces the current section 5 of Pub. L. 98–513 with a new rule 

applicable to small fractional interests in individual Indian land on 

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the Lake Traverse Indian reservation. Applicable Supreme Court 

cases render the current section 5 of the Act as constitutionally 

suspect. 

Section 14. Amendment of Definition 

The Native American Graves Protection and Repatriation Act 

(NAGPRA) (Pub. L. 101–601) is amended in section 2(9), by inserting the words ‘‘or was’’ after the words ‘‘that is’’. This change is intended to clarify that in the context of repatriations, the term ‘‘Native American’’ refers to a member of a tribe, a people, or a culture 

that is or was indigenous to the United States. 

COST AND BUDGETARY CONSIDERATIONS

The cost estimate for S. 1955 as calculated by the Congressional 

Budget Office, is set forth below:

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, October 19, 2004. 

Hon. BEN NIGHTHORSE CAMPBELL, Chairman, Committee on Indian Affairs, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2843, the Native American 

Technical Corrections Act of 2004. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mike Waters. 

Sincerely, 

ELIZABETH M. ROBINSON

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

S. 2843—Native American Technical Corrections Act of 2004 

CBO estimates that implementing S. 2843 would have no significant impact on the federal budget. Enacting the bill would not affect direct spending or revenues. S. 2843 contains no intergovernmental or private-sector mandates as defined in the Unfunded 

Mandates Reform Act and would impose no costs on state, local, or 

tribal governments. 

S. 2843 would amend several federal statutes affecting Indian 

tribes and Indian people. The bill would require the Indian Arts 

and Crafts Board to investigate violations under its jurisdiction, 

rather than referring cases to the Federal Bureau of Investigation 

as it does under current law. Based on information from the Department of the Interior, CBO estimates that the board would 

spend less than $500,000 annually to pursue such cases, subject to 

the availability of appropriated funds. 

The bill also would set new guidelines for the investment and 

disbursement of certain Indian trust funds. Finally, the bill would 

authorize the transfer of several pieces of federal property to Indian tribes. Because none of the properties that would be transferred generates any receipts for the Treasury, CBO estimates that 

those transfers would have no impact on the federal budget. 

6

The CBO staff contact for this estimate is Mike Waters. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires that each report accompanying a bill evaluate the regulatory paperwork impact that would be incurred in implementing 

the legislation. The Committee has concluded that enactment of S. 

2843 will create only de minimis regulatory or paperwork burdens.

EXECUTIVE COMMUNICATIONS

The Committee has received an official communication from the 

Administration on the provisions of the bill.

DEPARTMENT OF THE INTERIOR, 

OFFICE OF THE SECRETARY, 

Washington, DC, October 8, 2004. 

Hon. BEN NIGHTHORSE CAMPBELL, 

Chairman, Committee on Indian Affairs, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: This letter sets forth the views of the Department of the Interior on S. 2843, the ‘‘Native American Technical Corrections Act of 2004’’. The Department has concerns with 

several of the provisions of the bill. 

Sections 7 and 11 would take land into trust for the Prairie Island Indian Community and the Puyallup Indian Tribe, respectively. The Department has continued to express concern about deciphering Congressional intent regarding land in trust. As the 

trustee for Native Americans, the Department has devoted a great 

deal of time to trust reform discussions over the past few years. 

The nature of the trust relationship is now often the subject of litigation. Both the Executive Branch and the Judicial Branch are 

faced with the question of what exactly Congress intends when it 

puts land into trust status. What specific duties are required of the 

Secretary, administering the trust for the benefit of the Tribes, 

with respect to trust lands? Tribes and individual Indians frequently assert that the duty is the same as that required of a private trustee. Yet, under a private trust, the trustee and the beneficiary have a legal relationship that is defined by private trust 

principles and a trust instrument that defines the scope of the 

trust responsibility. We believe that Congress, when it establishes 

a new trust obligation in connection with the acquisition of new 

trust land, should provide the guideposts for defining what that relationship means. 

Much of the current controversy over the Secretary’s trust responsibility stems from the failure to have clear guidance as to the 

parameters, roles and responsibilities of the trustee and the beneficiary. The Trustee may face a variety of issues relating to the 

management of trust land and accordingly, the trust responsibility 

to manage the land should be addressed with clarity and precision. 

Congress should decide these issues, not the courts. 

Therefore, we recommend the Committee set forth in the bill the 

specific trust duties it wishes the United States to assume with reVerDate jul 14 2003 01:16 Nov 13, 2004 Jkt 039010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR406.XXX SR406
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spect to the acquisition of these lands for the Prairie Island Indian 

Community and the Puyallup Indian Tribe. Alternatively, the Committee should require a trust instrument before any land is taken 

into trust. This trust instrument would ideally be contained in regulations drafted after consultation with the Tribes and the respective local communities, consistent with parameters set forth by 

Congress in this legislation. The benefits of this approach are that 

it would clearly establish the beneficiary’s expectations, clearly define the roles and responsibilities of each party, and establish how 

certain services are provided. 

Section 7 provides that in addition to the land, all improvements, 

cultural resources, and sites on the land are to be held in trust by 

the United States for the benefit of the Prairie Island Indian Community. We recommend language be added to the bill that specifies 

that any improvements, appurtenances, and personal property will 

be transferred to the Tribe in fee, or at least clarifies that and the 

Department of the Interior is not responsible for maintenance and 

repair of any improvements, appurtenances, and personal property 

that may be transferred along with the lands. The Department 

feels this change is necessary to address any uncertainty about the 

Government having a fiduciary obligation to repair and maintain 

any acquired improvements. 

Finally, section 7 would require a boundary survey be conducted 

no later than 5 years after the date of conveyance. The boundary 

survey should be required prior to the conveyance, to avoid any disputes or the need for corrections after the conveyance has occurred. 

Section 8 of S. 2843 would provide the Gila River Indian Community the authority to enter into binding arbitration agreements for 

any lease or contract the tribe may enter into affecting the tribe’s 

land. We want to make it clear that it is our view that this section 

would not require the United States to enter into binding arbitration or waive the sovereign immunity of the United States. 

Section 13 would amend the Lake Traverse Reservation Heirship 

Act by prohibiting any interest of less than 5 percent of the entire 

undivided ownership of a parcel that is less than 21⁄2 acres, if the 

interest were expressed in terms of its proportionate share of the 

total acreage of the parcel of land, to be inherited intestate. Those 

interests would automatically escheat to the tribe. In addition, an 

individual would only be able to devise those interests to the Tribe, 

a member of the Tribe, or those eligible to be a member of the 

Tribe. As you know, the escheat provisions of the Indian Land Consolidation Act were found unconstitutional in the Babbitt v. Youpee

and DuMarce v. Norton cases because they failed to provide for just 

compensation. As drafted, Section 13 of the bill has the potential 

to raise the same issues, and to avoid this, language should be 

added to provide for just compensation. In addition, we strongly 

recommend that the bill include a similar retrospective technical 

correction for interests that have escheated pursuant to the statutory provisions that were at issue in the Youpee and DuMarce

cases. 

8

The Office of Management and Budget has advised that there is 

no objection to the presentation of this report from the standpoint 

of the Administration’s program. 

Sincerely, 

DAVID W. ANDERSON, 

Assistant Secretary for Indian Affairs.

CHANGES IN EXISTING LAW

In compliance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that the enactment of 

S. 2843 will result in the following changes in existing law, (with 

existing law proposed to be omitted is enclosed in black brackets 

and the new language to be added in italic): 

INDIAN ARTS AND CRAFTS ACT AMENDMENTS 

25 U.S.C. 305(a) 

Section 2 of the Act of August 27, 1935 is amended as follows: 

It shall be the function and the duty of the Secretary of the Interior through the Board to promote the economic welfare of the Indian tribes and Indian individuals through the development of Indian arts and crafts and the expansion of the market for the products of Indian art and craftsmanship. In the execution of this function the Board shall have the following powers: (a) to undertake 

market research to determine the best opportunity for the sale of 

various products; (b) to engage in technical research and give technical advice and assistance; (c) to engage in experimentation directly or through selected agencies; (d) to correlate and encourage 

the activities of the various governmental and private agencies in 

the field; (e) to offer assistance in the management of operating 

groups for the furtherance of specific projects; (f) to make recommendations to appropriate agencies for loans in furtherance of 

the production and sale of Indian products; (g) (1) to create for the 

Board, or for an individual Indian or Indian tribe or Indian arts 

and crafts organization, trademarks of genuineness and quality for 

Indian products and the products of an individual Indian or particular Indian tribe or Indian arts and crafts organization; (2) to establish standards and regulations for the use of Government-owned 

trademarks by corporations, associations, or individuals, and to 

charge for such use under such licenses; (3) to register any such 

trademark owned by the Government in the United States Patent 

and Trademark Office without charge and assign it and the goodwill associated with it to an individual Indian or Indian tribe without charge; and (4) to pursue or defend in the courts any appeal 

or proceeding with respect to any final determination of that office; 

(h) to employ executive officers, including a general manager, and 

such other permanent and temporary personnel as may be found 

necessary, and prescribe the authorities, duties, responsibilities, 

and tenure and fix the compensation of such officers and other employees; Provided, That chapter 51 and subchapter III of chapter 

53 of Title 5 shall be applicable to all permanent employees and 

that all employees shall be appointed in accordance with the civilservice laws from lists of eligibles to be supplied by the director of 

the Office of Personnel Management; (I) as a Government agency 

9

to negotiate and execute in its own name contracts with operating 

groups to supply management, personnel, and supervision at cost, 

and to negotiate and execute in its own name such other contracts 

and to carry on such other business as may be necessary for the 

accomplishment of the duties and purposes of the Board: Provided, 

That nothing in the foregoing enumeration of powers shall be construed to authorize the Board to borrow or lend money or to deal 

in Indian goods. For the purposes of this section, the term ‘‘Indian 

arts and crafts organization’’ means any legally established arts 

and crafts marketing organization composed of members of Indian 

tribes; (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.

25 U.S.C. 305(c) 

Section 4 of the Act of August 27, 1935 is amended as follows: 

øSEC. 4. APPROPRIATION] SEC. 4. APPROPRIATIONS.

øThere is hereby authorized to be appropriated out of any sums 

in the Treasury not otherwise appropriated such sums as may be 

necessary to defray the expenses of the Board and carry out the 

purposes and provisions of Section 305 to 305c of this title. All income derived by the Board from any source shall be covered into 

the Treasury of the United States and shall constitute a special 

fund which is hereby appropriated and made available until expended for carrying out the purposes and provisions of said sections. Out of the funds available to it at any time the Board may 

authorize such expenditures, consistent with the provisions of said 

sections, as it may determine to be necessary for the accomplishment of the purposes and objectives of said sections.¿

(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 or enforcement action 

brought under this Act may be used by the Board consistent with 

this Act, as necessary for the accomplishment of the purposes of this 

Act.

25 U.S.C. 305(d) 

Section 5 of the Act of August 27, 1935 is amended as follows: 

øSEC. 5. REFERRAL FOR CRIMINAL AND CIVIL VIOLATIONS; COMPLAINTS; RECOMMENDATIONS¿ SEC. 5. REFERRAL FOR 

CRIMINAL AND CIVIL PROCEEDINGS.

ø(a) The Board may receive complaints of violations of section 

1159 of Title 18, and refer complaints of such violations to the FedVerDate jul 14 2003 01:16 Nov 13, 2004 Jkt 039010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR406.XXX SR406
10

eral Bureau of Investigation for appropriate investigation. After reviewing the investigation report, the board may recommend to the 

Attorney General of the United States that criminal proceedings be 

instituted under that section. 

ø(b) The Board may recommend that the Secretary for the Interior refer the matter to the Attorney General for civil action under 

section 305e of this title.¿

(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 INVESTIGATION.—The Board shall receive and investigate all complaints of violations of section 1159 of title 18, 

United States Code, and section 6.

25 U.S.C. 305(e) 

Section 6 of the Act of August 27, 1935 is amended as follows: 

øSEC. 6. CAUSE OF ACTION FOR MISREPRESENTATION OF INDIAN 

PRODUCED GOODS. 

ø(a) INJUNCTIVE OR EQUITABLE RELIEF; DAMAGES.—A person 

specified in subsection (c) of this section may, in a civil action in 

a court of competent jurisdiction, bring an action against a person 

who, directly or indirectly, offers or displays for sale or sells a good, 

with or without a Government trademark, in a manner that falsely 

suggests it 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—

ø(1) obtain injunctive or other equitable relief; and 

ø(2) recover the greater of—

ø(A) treble damages; or 

ø(B) in the case of each aggrieved individual Indian, Indian tribe, or Indian arts and crafts organization, not less 

than $1000 for each day on which the offer or display for 

sale or sale continues. 

For the purposes of paragraph (2)(A), damages shall include any 

and all gross profits accrued by the defendant as a result of the activities found to violate this subsection. 

ø(b) PUNITIVE DAMAGES; ATTORNEY’S FEE.—In addition to the relief specified in subsection (a) of this section, the court may award 

11

punitive damages and the costs of suit and a reasonable attorney’s 

fee. 

ø(c) PERSONS WHO MAY INITIATE CIVIL ACTIONS.— ø(1) A civil action under subsection (a) of this section may 

be commenced— 

ø(A) by the Attorney General of the United States upon 

request of the Secretary of the Interior on behalf of an Indian who is a member of an Indian tribe or on behalf of 

an Indian tribe or Indian arts and crafts organization; 

ø(B) by an Indian tribe on behalf of itself, an Indian who 

is a member of the tribe, or on behalf of an Indian arts 

and crafts organization; or (C) by an Indian arts and crafts 

organization on behalf of itself, or by an Indian on behalf 

of himself or herself. 

ø(2) Any amount recovered pursuant to this section shall be 

paid to the individual Indian, Indian tribe, or Indian arts and 

crafts organization, except that—

ø(A) in the case of paragraph (1)(A), the Attorney General may deduct from the amount recovered—

ø(i) the amount for the costs of suit and reasonable 

attorney’s fees awarded pursuant to subsection (b) of 

this section and deposit the amount of such costs and 

fees as a reimbursement credited to appropriations 

currently available to the Attorney General at the 

time of receipt of the amount recovered; and 

ø(ii) the amount for the costs of investigation awarded pursuant to subsection (b) and reimburse the Board 

the amount of such costs incurred as a direct result of 

Board activities in the suit; and; 

ø(B) in the case of paragraph (1)(B), the amount recovered for the costs of suit and reasonable attorney’s fees 

pursuant to subsection (b) of this section may be deducted 

from the total amount awarded under subsection (a)(2) of 

this section.

ø(d) DEFINITIONS.—As used in this section— 

ø(1) the term ‘‘Indian’’ means any individual who is a member 

of an Indian tribe; or for the purposes of this section is certified 

as an Indian artisan by the Indian tribe; 

ø(2) subject to subsection (f), the terms ‘‘Indian product’’ and 

‘‘product of a particular Indian tribe or Indian arts and crafts 

organization’’ has the meaning given such term in regulations 

which may be promulgated by the Secretary of the Interior; 

ø(3) the term ‘‘Indian tribe’’ means— 

ø(A) any Indian tribe, band, nation, Alaska Native village, or other organized group or community which is recognized as eligible for the special programs and services 

provided by the United States to Indians because of their 

status as Indians; or 

ø(B) any 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; and 

ø(4) the term ‘‘Indian arts and crafts organization’’ means 

any legally established arts and crafts marketing organization 

composed of members of Indian tribes. 

12

ø(e) SAVINGS PROVISION.—In the event that 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. 

ø(f) REGULATIONS.—Not later than 180 days after November 9, 

2000, the Board shall promulgate regulations to include in the definition of the term ‘‘Indian product’’ specific examples of such product to provide guidance to Indian artisans as well as to purveyors 

and consumers of Indian arts and crafts, as defined under this 

Act.¿

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 

13

(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.—

(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 

include 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—

14

(A) by the Attorney General, on request of the Secretary 

on behalf of—

(i) an Indian tribe; 

(ii) an Indian; 

(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 credit 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. 

INDIAN FINANCING ACT AMENDMENTS 

Pub. L. 93–262 

25 U.S.C. 1485 

Section 205 of Public Law 93–262 is amended as follows: 

øSEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDERLYING SECURITY.

ø(a) IN GENERAL.—Any loan guaranteed or insured under this 

subchapter, including the security given for such loan, may be sold 

or assigned by the lender to any person. 

ø(b) INITIAL TRANSFERS.—

ø(1) IN GENERAL.—The lender of a loan guaranteed or insured under this subchapter may transfer to any individual or 

legal entity—

15

ø(A) all rights and obligations of the lender in the loan 

or in the unguaranteed or uninsured portion of the loan; 

and 

ø(B) any security given for the loan. 

ø(2) ADDITIONAL REQUIREMENTS.—With respect to a transfer 

described in paragraph (1)—

ø(A) the transfer shall be consistent with such regulations as the Secretary shall promulgate under subsection 

(i); and 

ø(B) the lender shall give notice of the transfer to the 

Secretary. 

ø(3) RESPONSIBILITIES OF TRANSFEREE.—On any transfer 

under paragraph (1), the transferee shall—

ø(A) be deemed to be the lender for the purpose of this 

subchapter; 

ø(B) become the secured party of record; and 

ø(C) be responsible for—

ø(i) performing the duties of the lender; and 

ø(ii) servicing the loan in accordance with the terms 

of the guarantee by the Secretary of the loan.¿

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.

ø(c) SECONDARY TRANSFERS.—

ø(1) IN GENERAL.—Any transferee under subsection (b) of 

this section of a loan guaranteed or insured under this subchapter may transfer to any individual or legal entity—

ø(A) all rights and obligations of the transferee in the 

loan or in the unguaranteed or uninsured portion of the 

loan; and 

ø(B) any security given for the loan. 

ø(2) ADDITIONAL REQUIREMENTS.—With respect to a transfer 

described in paragraph (1)—

ø(A) the transfer shall be consistent with such regulations as the Secretary shall promulgate under subsection 

(i) of this section; and

ø(B) the transferor shall give notice of the transfer to the 

Secretary. 

ø(3) ACKNOWLEDGMENT BY THE SECRETARY.—On receipt of a 

notice of a transfer under paragraph (2)(B), the Secretary shall 

issue to the transferee an acknowledgment by the Secretary 

of—

ø(A) the transfer; and 

ø(B) the interest of the transferee in the guaranteed or 

insured portion of the loan. 

16

ø(4) RESPONSIBILITIES OF LENDER.—Notwithstanding any 

transfer permitted by this subsection, the lender shall—

ø(A) remain obligated on the guarantee agreement or insurance agreement between the lender and the Secretary; 

ø(B) continue to be responsible for servicing the loan in 

a manner consistent with that guarantee agreement or insurance agreement; and 

ø(C) remain the secured creditor of record.¿

ø(d)¿ (c) FULL FAITH AND CREDIT.—

(1) IN GENERAL.—The full faith and credit of the United 

States is pledged to the payment of all loan guarantees and 

loan insurance made under this subchapter after the date of 

enactment of this subsection. 

(2) øVALIDITY¿ VALIDITY.—

(A) IN GENERAL.—øExcept as provided in subparagraph 

(B)¿, Except as provided by regulations in effect on the date 

on which a loan is made, the validity of the guarantee or 

insurance of a loan under this subchapter shall be øincontestable if the obligations of the guarantee or insurance 

held by a transferee have been acknowledged under subsection (c)(3) of this section.¿ incontestable. 

(B) EXCEPTION FOR FRAUD OR MISREPRESENTATION.—

Subparagraph (A) shall not apply in a case in which a 

transferee has actual knowledge of fraud or misrepresentation, or participates in or condones fraud or misrepresentation, in connection with a loan. VALIDITY.—Except as provided by regulations in effect on the date on which a loan 

is made, 

ø(e)¿ (d) DAMAGES.—Notwithstanding section 3302 of Title 31, 

the Secretary may recover from a lender of a loan under this subchapter any damages suffered by the Secretary as a result of a material breach of the obligations of the lender with respect to a guarantee or insurance by the Secretary of the loan. 

ø(f)¿ (e) FEES.—øThe Secretary¿ (1) IN GENERAL.—The Secretary 

may collect a fee for any loan or guaranteed or insured portion of 

a loan that is transferred in accordance with this section.

(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.

ø(g)¿ (f) CENTRAL REGISTRATION OF LOANS.—On promulgation of 

final regulations under øsubsection (i)¿ subsection (h) of this section, the Secretary shall—

(1) provide for a central registration of all guaranteed or insured loans transferred under this section; and 

(2) enter into 1 or more contracts with a fiscal transfer 

agent—

ø(A) to act as the designee of the Secretary under this 

section; and 

17

(B) to carry out on behalf of the Secretary the central 

registration and fiscal transfer agent functionsø, and 

issuance of acknowledgments,¿ under this section. 

ø(h)¿ (g) POOLING OF LOANS.— (1) IN GENERAL.—Nothing in this subchapter prohibits the 

pooling of whole loans or interests in loans transferred under 

this section. 

(2) REGULATIONS.—In promulgating regulations under subsection (i) of this section, the Secretary may include such regulations to effect orderly and efficient pooling procedures as the 

Secretary determines to be necessary. 

ø(i)¿ (h) REGULATIONS.—Not later than 180 days after the date 

of enactment of this subsection, the Secretary shall develop such 

procedures and promulgate such regulations as are necessary to facilitate, administer, and promote transfers of loans and guaranteed 

and insured portions of loans under this section. 

INDIAN PUEBLO LAND ACT AMENDMENTS 

(43 Stat. 636, Chapter 331) 

The Act of June 7, 1924, also known as the Indian Pueblo Land 

Act is amended as follows: 

At the end of 43 Stat. 636 insert 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 form a prior sovereign, as confirmed by 

Congress or the Court of Private Land Claims to a Pueblo Indian 

tribe of New Mexico, shall be 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. 

INDIAN REORGANIZATION ACT CORPORATION 

AMENDMENT 

25 U.S.C. 477 

Section 17 of the Act of June 18, 1936 (Commonly known as the 

Indian Reorganization Act) is amended as follows: 

The Secretary of the Interior may, upon petition by any tribe, 

issue a charter of incorporation to such tribe; Provided, That such 

charter shall not become operative until ratified by the governing 

body of such tribe. Such charter may convey to the incorporated 

18

tribe the power to purchase, take by gift, or bequest, or otherwise, 

own, hold, manage, operate, and dispose of property of every description, real and personal, including the power to purchase restricted Indian lands and to issue in exchange therefor interests in 

corporate property, and such further powers as may be incidental 

to the conduct of corporate business, not inconsistent with law, but 

no authority shall be granted to øsell, mortgage, or lease for a period exceeding twenty five years any trust or restricted lands included in the limits of the reservation. Any charter so issued shall 

not be revoked or surrendered except by Act of Congress¿ sell or 

mortgage, or to lease as lessor for a period exceeding 99 years, for 

any trust or restricted land included in the limits of the reservation, 

except that such authority may not exceed 25 years in the case of 

activities authorized under the Indian Gaming Regulatory Act (25 

U.S.C. 2701, et seq. ) 

GILA RIVER INDIAN COMMUNITY MANDATORY BINDING 

ARBITRATION 

25 U.S.C. 415(f) 

Section(f) of the Act of August 5, 1955 is amended as follows: 

(f) øAny lease entered into under the Act of August 9, 1955 (69 

Stat. 539), as amended, or any contract entered into under section 

2103 of the Revised Statutes 925 U.S.C. 81), as amended, affecting 

land¿ Any contract, including a lease, affecting land within the 

Gila River Indian Community Reservation may contain a provision 

for the binding arbitration of disputes arising out of such lease or 

contract. øSuch leases or contracts entered into pursuant to such 

Acts¿ Such contracts shall be considered within the meaning of 

‘‘commerce’’ as defined and subject to the provisions of section 1 of 

Title 9. 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, 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. 

ALASKA NATIVE CLAIMS SETTLEMENT ACT VOTING 

STANDARDS AMENDMENT 

43 U.S.C. 1629(b) 

Subsection (d)(3) of the Alaska Native Claims Settlement Act (43 

U.S.C. 1629(b)) is amended as follows: 

(b) BASIC PROCEDURE.— 

(1) An amendment or resolution described in subsection (a) 

of this section or an amendment to the articles of incorporation 

described in section 7(g)(1)(B) may be approved by the board of 

directors of a Native Corporation in accordance with its bylaws. If the board approves the amendment or resolution, it 

shall direct that the amendment or resolution be submitted to 

a vote of the shareholders at the next annual meeting or at a 

special meeting (if the board, at its discretion, schedules such 

a special meeting). One or more such amendments or resoluVerDate jul 14 2003 01:16 Nov 13, 2004 Jkt 039010 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 E:\HR\OC\SR406.XXX SR406
19

tions may be submitted to the shareholders and voted upon at 

one meeting. 

(2)(A) A written notice (including a proxy statement if required under applicable law), setting forth the amendment or 

resolution approved pursuant to paragraph (1) (and, at the discretion of the board, a summary of the changes to be effected) 

together with any amendment or resolution submitted pursuant to subsection (c) of this section and the statements described therein shall be sent, not less than fifty days nor more 

than sixty days prior to the meeting of the shareholders, by 

firstclass mail or hand-delivered to each shareholder of record 

entitled to vote at his or her address as it appears in the 

records of the Native Corporation. The corporation may also 

communicate with its shareholders at any time and in any 

manner authorized by the laws of the State. 

(B) The board of directors may, but shall not be required to, 

appraise or otherwise determine the value of—

(i) land conveyed to the corporation pursuant to section 

1613(h)(1) of this title or any other land used as a cemetery; 

(ii) the surface estate of land that is both— 

(I) exempt from real estate taxation pursuant to section 1636(d)(1)(A) of this title; and 

(II) used by the shareholders of the corporation for 

subsistence uses (as defined in section 3113 of title 

16); or 

(iii) land or interest in land which the board of directors 

believes to be only of speculative value; in connection with 

any communication made to the shareholders pursuant to 

this subsection. 

(C) If the board of directors determines, for quorum purposes 

or otherwise, that a previously-noticed meeting must be postponed or adjourned, it may, by giving notice to the shareholders, set a new date for such meeting not more than fortyfive days later than the original date without sending the 

shareholders a new written notice (or a new summary of 

changes to be effected). If the new date is more than forty-five 

days later than the original date, however, a new written notice (and a new summary of changes to be effected if such a 

summary was originally sent pursuant to subparagraph (A)), 

shall be sent or delivered to shareholders not less than thirty 

days nor more than forty-five days prior to the new date. 

TECHNICAL CORRECTIONS 

117 Stat. 278 

Section 337(a) of the Department of the Interior and Related 

Agencies Appropriations Act of 2003 is amended.— 

(a) øSection 1629(b) of title 43, United States Code,¿ Section 36 

of the Alaska Native Claims Settlement Act (43 U.S.C. 1629(b)) is 

amended— 

(1) at subsection (d)(1) by striking ‘‘An’’ and inserting in its 

place ‘‘Except as otherwise set forth in subsection (d)(3) of this 

section, an’’; 

20

(2) øby creating the following new subsection:¿ in subsection 

(d), by adding at the end the following:

‘‘(d)(3) A resolution described in subsection (a)(3) of this section shall be considered to be approved by the shareholders of 

a Native Corporation if it receives the affirmative vote of 

shares representing— 

‘‘(A) a majority of the shares present or represented by 

proxy at the meeting relating to such resolution, or 

‘‘(B) an amount of shares greater than a majority of the 

shares present or represented by proxy at the meeting relating to such resolution (but not greater than two-thirds) 

of the total voting power of the corporation) if the corporation establishes such a level by an amendment to its articles of incorporation.’’; and 

(3) by creating the following new subsection: 

‘‘(f) SUBSTANTIALLY ALL OF THE ASSETS.—For purposes of this 

section and section 1629(e) of this title, a Native Corporation shall 

be considered to be transferring all or substantially all of its assets 

to a Settlement Trust only if such assets represent two-thirds or 

more of the fair market value of the Native Corporations’s total assets’’. 

117 Stat. 278, Sec. 337 

SEC. 337. CLARIFICATION OF ALASKA NATIVE SETTLEMENT TRUST. 

(a) Section 1629b of title 43, United States Code, is amended—

(1) at subsection (d)(1) by striking ‘‘An’’ and inserting in its 

place ‘‘Except otherwise set forth in subsection (d)(3) of this 

section, an’’; 

(2) by creating the following new subsection: 

‘‘ø(d)¿ (3) A resolution described in subsection (a)(3) of this 

section shall be considered to be approved by the shareholders 

of a Native Corporation if it receives the affirmative vote of 

shares representing— 

‘‘(A) a majority of the shares present or represented by 

proxy at the meeting relating to such resolution, or 

‘‘(B) an amount of shares greater than a majority of the 

shares presently represented by proxy at the meeting relating to such resolution (but not greater than two-thirds 

of the total voting power of the corporation) if the corporation establishes such a level by an amendment to its articles of incorporation.’’; and 

(3) by creating the following new subsection: 

‘‘(f) SUBSTANTIALLY ALL OF THE ASSETS.—For purposes of this 

section and øSection 1629e of this title¿ section 39, a Native Corporation shall be considered to be transferring all or substantially 

all of its assets to a Settlement Trust only if such assets represent 

two-thirds or more of the fair market value of the Native 

Corporations’s total assets.’’ 

(b) øSection 1629e(a) (3) of title 43, United States Code¿, Section 

39(a)(3) of the Alaska Native Claims Settlement Act (43 U.S.C. 

1629e(a)(3) is amended by striking subparagraph (B) and inserting 

in its place the following: 

21

43 U.S.C. 1629e(3)(B)(ii) 

43 U.S.C. 1629e(3)(B)(ii) is amended as follows: 

(ii) a shareholder vote on such transfer is required by 

ø(a)(4) of section 1629b of this title¿ section 36(a)(4).

CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX 

TRIBE, AND STATE OF SOUTH DAKOTA TERRESTRIAL 

WILDLIFE HABITAT RESTORATION

113 Stat. 386 

Section 602(a)(4) of the Water Resources Development Act of 

1999 is amended as follows: 

(4) FUNDING FOR CARRYING OUT PLANS.— 

(A) STATE OF SOUTH DAKOTA.— 

(i) NOTIFICATION.—On a receipt of the plan for terrestrial wildlife habitat restoration submitted by the 

State of South Dakota, each of the committees referred 

to in paragraph (3) shall notify the Secretary and the 

Secretary of the Treasury of the receipt of the plan. 

(ii) øAVAILABILITY OF FUNDS.—On notification in accordance with clause (I), the Secretary shall make 

available to the State of South Dakota funds from the 

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 and only after the 

Trust Fund is fully capitalized.¿ 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 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 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. 

(B) CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE

SIOUX TRIBE.— (i) NOTIFICATION.—On a receipt of the plan for terrestrial wildlife habitat restoration submitted by the 

Cheyenne River Sioux Tribe and the Lower Brule 

Sioux Tribe, each of the committees referred to in 

paragraph (3) shall notify the Secretary of the Treasury of the receipt of each of the plans. 

(ii) øAVAILABILITY 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 Tribe Terrestrial Wildlife Habitat Restoration Trust Fund and the Lower Brule Sioux 

Tribe Terrestrial Wildlife Habitat Restoration Trust 

22

Fund, respectively, established under section 604, to 

be used to carry out the plan for Terrestrial Wildlife 

Habitat Restoration submitted by the Cheyenne River 

Sioux Tribe and the Lower Brule Sioux Tribe, respectively, and only after the Trust Fund is fully capitalized.¿ 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. 

Section 603(c) of the Water Resources Development Act of 1999 

is amended as follows: 

ø(c) INVESTMENTS.— 

ø(1) IN GENERAL.—At the request of the Secretary, the Secretary of the Treasury shall invest the amounts deposited 

under subsection (b) only in interest-bearing obligations of the 

United States or in obligations guaranteed by the United 

States as to both principal and interest. 

ø(2) INTEREST RATE.—The Secretary of the Treasury shall invest amounts in the fund in obligations that carry the highest 

rate of interest among available obligations of the required maturity.¿

(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). 

23

(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. 

24

(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 proceeding 12-month period.

(d) PAYMENTS.— 

(1) IN GENERAL.—All amounts credited as interest under subsection (c) shall be available, without fiscal year limitation, to 

the State of South Dakota for use in accordance with paragraph (3) after the Fund has been fully capitalized.

(2) WITHDRAWAL AND TRANSFER OF FUNDS.—Subject to section 602(a)(4)(A), the Secretary of the Treasury shall withdraw 

amounts credited as interest under paragraph (1) and transfer 

the amounts to the State of South Dakota for use as State 

funds in accordance with paragraph (3) after the Fund has 

been fully capitalized. 

Section 604(c) of the Water Resources Development Act of 1999 

is amended as follows: 

ø(c) INVESTMENTS.— 

ø(1) IN GENERAL.—The Secretary of the Treasury shall invest the 

amounts deposited under subsection (b) only in interest bearing obligations of the United States or in obligations guaranteed as to 

both principal and interest by the United States. 

ø(2) INTEREST RATE.—The Secretary of the Treasury shall invest 

amounts in the Funds in obligations that carry the highest rate of 

interest among available obligations of the required maturity.¿

(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 37 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). 

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(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. 

26

(F) HIGHEST YIELD.—Among eligible obligations having 

the same maturity and purchase, 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. 

LAKE TRAVERSE RESERVATION HEIRSHIP 

98 Stat. 2413 

Section 5 of the Pub. L. 98–513 (98 Stat. 2413) is amended as 

follows: 

øSEC. 5. Notwithstanding any other provision of this Act, no person shall be entitled by devise or descent to take any interest, including any interest in a life estate under section 4 of this Act, less 

than two and one-half acres, or the equivalent thereof, in trust or 

restricted land within the reservation. Any interest less than two 

and one-half acres of a devisee or intestate distributee of a decedent under section 3 of this Act, shall escheat to the tribe and title 

to such escheated interest shall be taken in the name of the United 

States in trust for the tribe: Provided, That the provision of this 

section shall not be applicable to the devise or descent of any interest in trust or restricted land located within a municipality.¿

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 decision maker enters the 

final decision determining heirs); and 

(2) does not exceed the equivalent of 2 and one-half 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: 

27

(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. 

(e) 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 address. 

(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. 

(f) 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 one 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).

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AMENDMENT OF DEFINITION 

25 U.S.C. 3001(9) 

25 U.S.C. 3001(9) is amended as follows: 

(9) ‘‘Native American’’ means of, or relating to, a tribe, people, or culture that is or was indigenous to the United States.

Æ