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[Senate Report 108-406]
[From the U.S. Government Publishing Office]

                                                       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 particular 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.

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).
---------------------------------------------------------------------------
    \1\ The 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.
---------------------------------------------------------------------------
    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 
tribally-owned 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.

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 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.
    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 respect 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 
2\1/2\ 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.
    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 civil-service laws from lists 
of eligibles to be supplied by the director of the Office of 
Personnel Management; (I) as a Government agency 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:

[SEC. 4. APPROPRIATION] SEC. 4. APPROPRIATIONS.

    [There 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:

[SEC. 5. REFERRAL FOR CRIMINAL AND CIVIL VIOLATIONS; COMPLAINTS; 
                    RECOMMENDATIONS] SEC. 5. REFERRAL FOR CRIMINAL AND 
                    CIVIL PROCEEDINGS.

    [(a) The Board may receive complaints of violations of 
section 1159 of Title 18, and refer complaints of such 
violations to the Federal 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.
    [(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:

[SEC. 6. CAUSE OF ACTION FOR MISREPRESENTATION OF INDIAN PRODUCED 
                    GOODS.

    [(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--
          [(1) obtain injunctive or other equitable relief; and
          [(2) recover the greater of--
                  [(A) treble damages; or
                  [(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.
    [(b) Punitive Damages; Attorney's Fee.--In addition to the 
relief specified in subsection (a) of this section, the court 
may award punitive damages and the costs of suit and a 
reasonable attorney's fee.
    [(c) Persons Who May Initiate Civil Actions.--
          [(1) A civil action under subsection (a) of this 
        section may be commenced--
                  [(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;
                  [(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.
          [(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--
                  [(A) in the case of paragraph (1)(A), the 
                Attorney General may deduct from the amount 
                recovered--
                          [(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
                          [(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;
                  [(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.
      [(d) Definitions.--As used in this section--
        [(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;
        [(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;
        [(3) the term ``Indian tribe'' means--
                  [(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
                  [(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
          [(4) the term ``Indian arts and crafts organization'' 
        means any legally established arts and crafts marketing 
        organization composed of members of Indian tribes.
    [(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.
      [(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
                  (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--
                  (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:

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

    [(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.
    [(b) Initial Transfers.--
          [(1) In general.--The lender of a loan guaranteed or 
        insured under this subchapter may transfer to any 
        individual or legal entity--
                  [(A) all rights and obligations of the lender 
                in the loan or in the unguaranteed or uninsured 
                portion of the loan; and
                  [(B) any security given for the loan.
          [(2) Additional requirements.--With respect to a 
        transfer described in paragraph (1)--
                  [(A) the transfer shall be consistent with 
                such regulations as the Secretary shall 
                promulgate under subsection (i); and
                  [(B) the lender shall give notice of the 
                transfer to the Secretary.
          [(3) Responsibilities of transferee.--On any transfer 
        under paragraph (1), the transferee shall--
                  [(A) be deemed to be the lender for the 
                purpose of this subchapter;
                  [(B) become the secured party of record; and
                  [(C) be responsible for--
                          [(i) performing the duties of the 
                        lender; and
                          [(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.
    [(c) Secondary Transfers.--
          [(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--
                  [(A) all rights and obligations of the 
                transferee in the loan or in the unguaranteed 
                or uninsured portion of the loan; and
                  [(B) any security given for the loan.
          [(2) Additional requirements.--With respect to a 
        transfer described in paragraph (1)--
                  [(A) the transfer shall be consistent with 
                such regulations as the Secretary shall 
                promulgate under subsection (i) of this 
                section; and
                  [(B) the transferor shall give notice of the 
                transfer to the Secretary.
          [(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--
                  [(A) the transfer; and
                  [(B) the interest of the transferee in the 
                guaranteed or insured portion of the loan.
          [(4) Responsibilities of lender.--Notwithstanding any 
        transfer permitted by this subsection, the lender 
        shall--
                  [(A) remain obligated on the guarantee 
                agreement or insurance agreement between the 
                lender and the Secretary;
                  [(B) continue to be responsible for servicing 
                the loan in a manner consistent with that 
                guarantee agreement or insurance agreement; and
                  [(C) remain the secured creditor of record.]
    [(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) [Validity] Validity.--
                  (A) In general.--[Except 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 [incontestable 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,
    [(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.
    [(f)] (e) Fees.--[The 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.
    [(g)] (f) Central Registration of Loans.--On promulgation 
of final regulations under [subsection (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--
                  [(A) to act as the designee of the Secretary 
                under this section; and
                  (B) to carry out on behalf of the Secretary 
                the central registration and fiscal transfer 
                agent functions[, and issuance of 
                acknowledgments,] under this section.
    [(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.
    [(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 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 [sell, 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) [Any 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. [Such 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 resolutions 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 forty-five 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) [Section 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'';
          (2) [by 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:
          ``[(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 [Section 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) [Section 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:

                       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 [(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) [Availability 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) [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 Tribe Terrestrial Wildlife 
                        Habitat Restoration Trust Fund and the 
                        Lower Brule Sioux Tribe Terrestrial 
                        Wildlife Habitat Restoration Trust 
                        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:
    [(c) Investments.--
          [(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.
          [(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).
                          (iii) Crediting.--The interest earned 
                        from investing amounts in the interest 
                        account of the Fund shall be credited 
                        to the interest account.
                  (C) Investment of principal account.--
                          (i) Initial investment.--Each amount 
                        deposited in the principal account of 
                        the Fund shall be invested initially in 
                        eligible obligations having the 
                        shortest maturity then available until 
                        the date on which the amount is divided 
                        into 3 substantially equal portions and 
                        those portions are invested in eligible 
                        obligations that are identical (except 
                        for transferability) to the next-issued 
                        publicly issued Treasury obligations 
                        having a 2-year maturity, a 5-year 
                        maturity, and a 10-year maturity, 
                        respectively.
                          (ii) Subsequent investment.--As each 
                        2-year, 5-year, and 10-year eligible 
                        obligation matures, the principal of 
                        the maturing eligible obligation shall 
                        also be invested initially in the 
                        shortest-maturity eligible obligation 
                        then available until the principal is 
                        reinvested substantially equally in the 
                        eligible obligations that are identical 
                        (except for transferability ) to the 
                        next issued publicly issued Treasury 
                        obligations having 2-year, 5-year, and 
                        10-year maturities.
                          (iii) Discontinuance of issuance of 
                        obligations.--If the Department of the 
                        Treasury discontinues issuing to the 
                        public obligations having 2-year, 5-
                        year, or 10-year maturities, the 
                        principal of any maturing eligible 
                        obligation shall be reinvested 
                        substantially equally in eligible 
                        obligations that are identical (except 
                        for transferability) to the next-issued 
                        publicly issued Treasury obligations of 
                        the maturities longer than 1 year then 
                        available.
                  (D) Investment of interest account.--
                          (i) Before full capitalization. Until 
                        the date on which the Fund is fully 
                        capitalized, amounts in the interest 
                        account of the Fund shall be invested 
                        in eligible obligations that are 
                        identical (except for transferability) 
                        to publicly issued Treasury obligations 
                        that have maturities that coincide, to 
                        the greatest extent practicable, with 
                        the date on which the Fund is expected 
                        to be fully capitalized.
                          (ii) After full capitalization.--On 
                        and after the date on which the Fund is 
                        fully capitalized, amounts in the 
                        interest account of the Fund shall be 
                        invested and reinvested in eligible 
                        obligations having the shortest 
                        maturity then available until the 
                        amounts are withdrawn and transferred 
                        to fund the activities authorized under 
                        subsection (d)(3).
                  (E) Par purchase price.--The price to be paid 
                for eligible obligations purchased as 
                investments of the principal account shall not 
                exceed the par value of the obligations so that 
                the amount of the principal account shall be 
                preserved in perpetuity.
                  (F) Highest yield.--Among eligible 
                obligations having the same maturity and 
                purchase price, the obligation to be purchased 
                shall be the obligation having the highest 
                yield.
                  (G) Holding to maturity.--Eligible 
                obligations purchased shall generally be held 
                to their maturities.
          (3) Annual review of investment activities.--Not less 
        frequently than once each calendar year, the Secretary 
        of the Treasury shall review with the State of South 
        Dakota the results of the investment activities and 
        financial status of the Fund during the 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:
    [(c) Investments.--
    [(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.
    [(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).
                          (iii) Crediting.--The interest earned 
                        from investing amounts in the interest 
                        account of each Fund shall be credited 
                        to the interest account.
                  (C) Investment of principal account.--
                          (i) Initial investment.--Each amount 
                        deposited in the principal account of 
                        each Fund shall be invested initially 
                        in eligible obligations having the 
                        shortest maturity then available until 
                        the date on which the amount is divided 
                        into 3 substantially equal portions and 
                        those portions are invested in eligible 
                        obligations that are identical (except 
                        for transferability) to the next-issued 
                        publicly issued Treasury obligations 
                        having a 2-year maturity, a 5-year 
                        maturity, and a 10-year maturity, 
                        respectively.
                          (ii) Subsequent investment.--As each 
                        2-year, 5-year, and 10-year eligible 
                        obligation matures, the principal of 
                        the maturing eligible obligation shall 
                        also be invested initially in the 
                        shortest-maturity eligible obligation 
                        then available until the principal is 
                        reinvested substantially equally in the 
                        eligible obligations that are identical 
                        (except for transferability) to the 
                        next issued publicly issued Treasury 
                        obligations having 2-year, 5-year, and 
                        10-year maturities.
                          (iii) Discontinuation of issuance of 
                        obligations.--If the Department of the 
                        Treasury discontinues issuing to the 
                        public obligations having 2-year, 5-
                        year, or 10-year maturities, the 
                        principal of any maturing eligible 
                        obligation shall be reinvested 
                        substantially equally in eligible 
                        obligations that are identical (except 
                        for transferability) to the next-issued 
                        publicly issued Treasury obligations of 
                        the maturities longer than 1 year then 
                        available.
                  (D) Investment of the interest account.--
                          (i) Before full capitalization.--
                        Until the date on which each Fund is 
                        fully capitalized, amounts in the 
                        interest account of the Fund shall be 
                        invested in eligible obligations that 
                        are identical (except for 
                        transferability) to publicly issued 
                        Treasury obligations that have 
                        maturities that coincide, to the 
                        greatest extent practicable, with the 
                        date on which the Fund is expected to 
                        be fully capitalized.
                          (ii) After full capitalization.--On 
                        and after the date on which each Fund 
                        is fully capitalized, amounts in the 
                        interest account of the Fund shall be 
                        invested and reinvested in eligible 
                        obligations having the shortest 
                        maturity then available until the 
                        amounts are withdrawn and transferred 
                        to fund the activities authorized under 
                        subsection (d)(3).
                  (E) Par purchase price.--The price to be paid 
                for eligible obligations purchased as 
                investments of the principal account shall not 
                exceed the par value of the obligations so that 
                the amount of the principal account shall be 
                preserved in perpetuity.
                  (F) Highest yield.--Among eligible 
                obligations having the same maturity and 
                purchase, 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:
    [Sec. 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:
                  (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).

                        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.

                                  
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