69–010 

Calendar No. 700 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–326 

AMENDING CERTAIN LAWS RELATING TO NATIVE AMERICANS TO MAKE TECHNICAL CORRECTIONS, AND FOR 

OTHER PURPOSES 

APRIL 16, 2008.—Ordered to be printed 

Mr. DORGAN, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 2087] 

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

(S. 2087) to amend certain laws relating to Native Americans to 

make technical corrections, and for other purposes, having considered the same, reports favorably thereon without amendment and 

recommends that the bill do pass. 

PURPOSE

The purpose of S. 2087 is to amend several statutes to revise 

miscellaneous provisions related to Indian tribes and certain programs related to Native Americans. 

BACKGROUND

The Native American Omnibus Technical Corrections Act of 2007 

would amend the Native American Graves Protection and Repatriation Act, the Indian Tribal Justice Technical and Legal Assistance 

Act of 2000, the Indian Tribal Justice Act, the Omnibus Crime 

Control and Safe Streets Act of 1968, the USA PATRIOT Improvement and Reauthorization Act of 2005, the Indian Land Consolidation Act, and ‘‘An Act to promote the development of Indian arts 

and crafts and to create a board to assist therein, and for other 

purposes.’’ An explanation of each provision is included below. 


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LEGISLATIVE HISTORY

The Native American Omnibus Technical Corrections Act of 2007 

(S. 2087) was introduced on September 25, 2007, by Senators Dorgan and McCain, and was referred to the Committee on Indian Affairs. Senator Baucus was added as a cosponsor on October 19, 

2007, and Senator Kyl on October 23, 2007. 

On September 27, 2007, the Committee held an open business 

meeting at which it voted to favorably report S. 2087 without 

amendment to the full Senate, with a recommendation that the bill 

do pass. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTE

On September 27, 2007, the Committee on Indian Affairs convened a business meeting to consider S. 2087 and other measures, 

and voted to have the bill favorably reported to the full Senate, 

without amendment, with a recommendation that the bill do pass. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides the short title of the Act as the Native American Omnibus Technical Corrections Act of 2007. 

Section 2. Definition of Native American 

Section 2 amends the definition of ‘‘Native American’’ in the Native American Graves Protection and Repatriation Act (25 U.S.C. 

3001(9)). The purpose of this amendment is 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. 

Section 3. Indian tribal justice 

Section 3 reauthorizes Indian tribal justice programs as authorized under the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (25 U.S.C. 3666 and 3681(d)) and the Indian Tribal Justice Act (25 U.S.C. 3621). The amendment reauthorizes funding through the Department of Justice to both Indian Legal Services programs for criminal and civil legal assistance, and to tribal 

courts for development, implementation, enhancement and continuing operation of tribal justice systems, and through the Department of the Interior for funding for tribal justice systems. 

Section 4. Native American participation in methamphetamine 

grants 

Section 4 authorizes tribal inclusion in methamphetamine programs authorized under the Omnibus Crime Control and Safe 

Streets Act of 1968 and the USA PATRIOT Improvement and Reauthorization Act of 2005. The provision would add territories and 

Indian tribes to a grant program authorized under the Omnibus 

Crime Control and Safe Streets Act for training and investigation 

in Methamphetamine Hot Spot areas. This section would also add 

territories and Indian tribes to two grant provisions authorized 

under the PATRIOT Act (Public Law 109–177): grants to assist in 

the treatment of children endangered by living in a residence 


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where methamphetamine has been manufactured or distributed, 

and grants to address methamphetamine use by pregnant and parenting women offenders. 

Section 5. Indian Land Consolidation Act 

Section 5 amends the Indian Land Consolidation Act. This provision is a revised version of S. 3526 as passed in the 109th Congress, based on feedback received from Indian Country. This section would: 

• amend the definitions section of the Indian Land Consolidation 

Act (25 U.S.C. 2201) by making technical and clarifying changes to 

the definition of ‘‘trust or restricted lands’’ and to the definition of 

‘‘land’’ (insofar as it pertains to permanent improvements). 

• amend the Indian Probate Code of the Indian Land Consolidation Act (25 U.S.C. 2206), including—

—providing a tribal ‘‘opt-out’’ of the current rule in the Code 

against devising Indian Reorganization Act (IRA) reservation 

lands to non-Indians by allowing the tribe to pass a resolution, 

requesting the Secretary of the Interior to follow the rule otherwise applicable to non-IRA reservations (which allows such 

devises); 

—postponing the current law’s presumption that a devise to 

multiple persons creates a joint tenancy with rights of survivorship until September 1, 2008; 

—clarifying, simplifying and streamlining the process for 

consolidating and purchasing fractional interests during probate; and 

—limiting the eligible purchasers in nonconsensual probate 

purchases of very small interests to the Secretary and, where 

the interest would be passing by intestate succession to a nonmember, the Indian tribe. 

Section 6. Indian goods and products 

Section 6 amends the Act entitled ‘‘An Act to provide the development of Indian arts and crafts and to create a board to assist therein, and for other purposes,’’ also known as the Indian Arts and 

Crafts Act of 1990. This section would amend the Act to provide 

the following: 

• authorize any federal law enforcement officer to conduct an investigation of an offense involving the sale of any good that is misrepresented as an Indian produced good or product that occurs on 

land under the jurisdiction of the federal government. 

• authorize the Indian Arts and Crafts Board to refer such an alleged offense to any federal law enforcement officer (including BIA 

law enforcement officers, not just an FBI officer, as under current 

law), for appropriate investigation. 

• provide penalties for the misrepresentation of Indian produced 

goods and products. 

COST AND BUDGETARY CONSIDERATIONS

The cost estimate for S. 2087, as calculated by the Congressional 

Budget Office, follows: 


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S. 2087—Native American Omnibus Technical Corrections Act of 

2007 

Summary: S. 2087 would extend the authorization of appropriations through 2012 for Indian tribal courts and other judicial systems. The bill also would make a number of changes and technical 

corrections to current laws concerning Native Americans. Many of 

those changes include amendments to the Indian probate code. Assuming appropriations of the necessary amounts, CBO estimates 

that implementing S. 2087 would cost $54 million in 2008 and $312 

million over the 2008–2012 period. 

S. 2087 also would modify penalties imposed on persons who sell 

goods fraudulently marketed as Indian arts or products. Criminal 

fines are recorded as revenues, deposited into the Crime Victims 

Fund, and later spent. CBO estimates that enacting S. 2087 could 

change the amount of revenues deposited into the fund, and direct 

spending from the fund, but any such effects would be insignificant. 

S. 2087 contains no intergovernmental mandates, as defined in 

the Unfunded Mandates Reform Act (UMRA) and would impose no 

costs on state, local, or tribal governments. 

S. 2087 would impose a private-sector mandate, as defined in 

UMRA, on certain individuals by limiting the right they now have 

to bid without the consent of the heirs on small fractional property 

interests at probate. CBO expects that the cost of complying with 

this mandate would not be significant and would fall well below the 

annual threshold established in UMRA for private-sector mandates 

($131 million in 2007, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 2087 is shown in the following table. The costs 

of this legislation fall within budget function 450 (community and 

regional development). 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

BIA Tribal Justice Systems: 

Authorization Level 1 ....................................................................................... 58 58 58 58 58 

Estimated Outlays .......................................................................................... 52 58 58 58 58 

DOJ Technical and Legal Assistance for Tribal Justice: 

Estimated Authorization Level 2 ..................................................................... 8 8 9 9 9 

Estimated Outlays .......................................................................................... 2 4 6 7 9 

Total Changes: 

Estimated Authorization Level .............................................................. 66 66 67 67 67 

Estimated Outlays ................................................................................. 54 62 64 65 67 

1 A full-year appropriation for this program has not yet been enacted for 2008. The 2007 appropriation for BIA Tribal Justice Systems was about $14 million. 2 A full-year appropriation for this program has not yet been enacted for 2008. The 2007 appropriation for DOJ Technical and Legal Assist- ance was about $8 million. 

Note: BIA = Bureau of Indian Affairs; DOJ = Department of Justice. 

Basis of estimate: For this estimate, CBO assumes that S. 2087 

will be enacted near the start of fiscal year 2008, that the necessary amounts will be appropriated each year, and that outlays 

will follow historical spending patterns. 

Spending subject to appropriation 

S. 2087 would authorize the appropriation of $58 million in 2008 and $290 million over the 2008–2012 period for Bureau of Indian 


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Affairs (BIA) tribal justice systems. In addition to these amounts, 

CBO estimates that an additional $43 million would be needed 

under the bill through 2012 for Department of Justice (DOJ) technical and legal assistance programs for tribal justice. We estimate 

that other provisions of the bill, including technical amendments to 

the Indian probate code, would result in no significant federal 

spending. Assuming appropriation of the authorized and estimated 

amounts, we estimate that implementing S. 2087 would result in 

discretionary outlays of $54 million in 2008 and $312 million over 

the 2008–2012 period. 

BIA Tribal Justice Systems. S. 2087 would authorize the appro- priation of $58 million a year through 2012 for the Bureau of Indian Affairs to provide grants to Indian tribes for tribal justice systems and for administrative expenses of the Office of Tribal Justice 

Support. The fiscal year 2007 appropriation for those activities was 

about $14 million. Those grants could be used to hire judicial personnel, provide technical assistance and training, offer victim assistance, acquire law library materials, or for other purposes. Assuming appropriation of the authorized amounts, CBO estimates 

that implementing this provision would cost $52 million in 2008 

and $284 million over the 2008–2012 period. 

DOJ Technical and Legal Assistance for Tribal Justice. S. 2087 

would authorize the appropriation of such sums as necessary for 

fiscal years 2008–2012 to DOJ for grants to support tribal courts and legal assistance programs. In 2007, about $8 million was appropriated for those programs. CBO estimates that continuing this 

program at the current level and adjusting for anticipated inflation 

over the 2008–2012 period would cost $28 million. 

Indian Land Consolidation Act Amendments. S. 2087 would 

make technical and clarifying amendments primarily to the Indian 

probate code specified under the Indian Land Consolidation Act. 

The Indian probate code was substantively amended in 2004 under 

the American Indian Probate Reform Act (Public Law 108–374), 

and S. 2087 would further modify the code. Specifically, S. 2087 

would allow tribal members to transmit in a will certain reservation lands to non-Indians upon the Secretary of the Interior’s approval of a tribal resolution. CBO estimates that implementing this 

provision could result in cost savings to BIA because there could 

be fewer individual owners of interests in trust lands. However, we 

estimate that any potential savings would not be significant over 

the 2008–2012 period. 

The bill also would simplify the process for consolidating and 

purchasing fractional interests in land during probate proceedings. 

When the Secretary receives multiple requests to purchase land 

during probate, the applicable heir or spouse would choose the eligible buyer. Also, during certain probate proceedings when the consent of an heir is not required, S. 2087 would limit who can purchase very small interests in land. Last, the bill would delay the 

implementation of certain inheritance provisions of the probate 

code until September 1, 2008. Based on information from BIA, CBO 

expects that those changes would affect a small number of cases; 

therefore, we estimate that BIA’s cost to implement those provisions would be insignificant. 

Other Provisions. The bill would authorize the inclusion of Indian tribes in DOJ’s methamphetamine programs. The legislation 


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also would expand who can conduct an investigation relating to the 

sale of counterfeit Indian art products. The bill would allow any 

federal law enforcement officer to investigate such a violation, rather than only employees of the Federal Bureau of Investigation as 

under current law. CBO estimates that the costs of those provisions would be insignificant. Any additional spending would be 

subject to appropriation. 

Direct spending and revenues 

S. 2087 would modify the penalties imposed on persons who sell 

goods fraudulently marketed as Indian arts or products. Criminal 

fines are recorded as revenues, deposited into the Crime Victims 

Fund, and later spent. CBO estimates that enacting S. 2087 could 

change the amount of revenues deposited into the fund and direct 

spending from the fund, but any such effects would be insignificant. 

Estimated impact on state, local, and tribal governments: S. 2087 

contains no intergovernmental mandates as defined in UMRA and 

would impose no costs on state, local, or tribal governments. Several provisions would benefit tribes by extending the authorization 

of current assistance programs and making tribes eligible to participate in other programs. Any costs to those tribes would be incurred voluntarily as a condition of receiving federal assistance. 

Estimated impact on the private sector: S. 2087 would impose a 

private-sector mandate by limiting the right of individuals to bid 

on small fractional interests at certain probate proceedings. Currently a specified set of eligible purchasers may bid on small fractional property interests without the consent of the heirs at such 

proceedings. The bill would allow only the Secretary of the Interior 

and the Indian tribe with jurisdiction over the interests to bid on 

those interests without consent in such cases. All other eligible 

purchasers could still bid, but only with consent of the heirs or surviving spouse. The restriction on bidding would only apply to sales 

in which the interests represent less than 5 percent of the entire 

undivided ownership of the parcel of land in cases where there is 

no will. The changes in probate code would apply to very small interests in few cases. Thus, CBO expects that the cost of complying 

with this mandate would fall well below the annual threshold established in UMRA for private-sector mandates ($131 million in 

2007, adjusted annually for inflation). 

Estimate prepared by: Federal Costs: Leigh Angres and Mark 

Grabowicz; Impact on State, Local, and Tribal Governments: Melissa Merrell; Impact on the Private Sector: MarDestinee Perez. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY AND PAPERWORK 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 and paperwork impact that would be incurred in carrying 

out the bill. The Committee has concluded that the regulatory and 

paperwork impacts of S. 2087 should be de minimus. 


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EXECUTIVE COMMUNICATION

The Committee has received no official communication from the 

Administration on the provisions of S. 2087. 

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. 2087 will result in the following changes in existing law, (existing law proposed to be omitted is enclosed in black brackets and 

the new language to be added in italic, existing law in which no 

change is proposed is shown in roman): 

DEFINITION OF NATIVE AMERICAN 

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 any geographic area 

that is now located within the boundaries of the United States. 

INDIAN TRIBAL JUSTICE 

(PUB. L. 106–559) 

25 U.S.C. 3666 

Section 106 of the Indian Tribal Justice Technical and Legal Assistance Act is amended as follows: 

For purposes of carrying out the activities under this subchapter, 

there are authorized to be appropriated such sums as are necessary 

øfor fiscal years 2000 through 2004¿ for fiscal years 2008 through 

2012. 

25 U.S.C. 3681(d) 

Section 201(d) of the Indian Tribal Justice Technical and Legal Assistance Act is amended as follows: 

For purposes of carrying out the activities under this section, 

there are authorized to be appropriated such sums as are necessary 

øfor fiscal years 2000 through 2004¿ for fiscal years 2008 through 

2012. 

(PUB. L. 106–559) 

25 U.S.C. 3621 

Section 201 of the Indian Tribal Justice Act is amended as follows: 

(a) OFFICE.—There is authorized to be appropriated to carry out 

the provisions of sections 3611 and 3612 of this title, $7,000,000 for 

each of the fiscal years 2000 through ø2007¿ 2012. None of the 

funds provided under this subsection may be used for the administrative expenses of the office. 

(b) BASE SUPPORT FUNDING FOR TRIBAL JUSTICE SYSTEMS.—

There is authorized to be appropriated to carry out the provisions 

of section 3613 of this title $50,000,000 for each of the fiscal years 

2000 through ø2007¿ 2012. 


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(c) ADMINISTRATIVE EXPENSES FOR OFFICE.—There is authorized 

to be appropriated, for the administrative expenses of the Office, 

$500,000 for each of the fiscal years 2000 through ø2007¿ 2012. 

(d) ADMINISTRATIVE EXPENSES FOR TRIBAL JUDICIAL CON- FERENCES.—There is authorized to be appropriated, for the admin- istrative expenses of tribal judicial conferences, $500,000 for each 

of the fiscal years 2000 through ø2007¿ 2010. 

NATIVE AMERICAN PARTICIPATION IN 

METHAMPHETAMINE GRANTS 

42 U.S.C. 3797cc(a) 

SEC. 754. GRANTS TO HOT SPOT AREAS TO REDUCE AVAILABILITY OF 

METHAMPHETAMINE. 

Title I of the Omnibus Crime Control and Safe Streets Act of 1968 

(42 U.S.C. 3711 et seq.) is amended by adding at the end the 

following: 

PART II—CONFRONTING USE OF METHAMPHETAMINE 

SEC. 2996. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND METHAMPHETAMINE MANUFACTURING, SALE, 

AND USE IN HOT SPOTS. 

(a) PURPOSE AND PROGRAM AUTHORITY.— (1) PURPOSE.—It is the purpose of this part to assist States, 

territories, and Indian tribes (as defined in section 2704)— (A) to carry out programs to address the manufacture, 

sale, and use of methamphetamine drugs; and 

(B) to improve the ability of State øand local¿ territorial, Tribal, and local government institutions to carry out such 

programs. 

(2) GRANT AUTHORIZATION.—The Attorney General, through 

the Bureau of Justice Assistance in the Office of Justice Programs may make grants to States, territories, and Indian tribes 

to address the manufacture, sale, and use of methamphetamine to enhance public safety. 

(3) GRANT PROJECTS TO ADDRESS METHAMPHETAMINE MANUFACTURE SALE AND USE.—Grants made under subsection (a) 

may be used for programs, projects, and other activities to—

(A) investigate, arrest and prosecute individuals violating laws related to the use, manufacture, or sale of 

methamphetamine; 

(B) reimburse the Drug Enforcement Administration for 

expenses related to the clean up of methamphetamine 

clandestine labs; 

(C) support State, Tribal, and local health department 

and environmental agency services deployed to address 

methamphetamine; and 

(D) procure equipment, technology, or support systems, 

or pay for resources, if the applicant for such a grant demonstrates to the satisfaction of the Attorney General that 

expenditures for such purposes would result in the reduction in the use, sale, and manufacture of methamphetamine. 

(4) EFFECT OF SUBSECTION.—Nothing in this subsection, or in 

the award or denial of any grant pursuant to this subsection—


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(A) allows grants authorized under paragraph (3)(A) to 

be made to, or used by, an entity for law enforcement activities that the entity lacks jurisdiction to perform; or 

(B) has any effect other than to authorize, award, or deny 

a grant of funds to a State, territory, or Indian tribe for the 

purposes described in this subsection. 

42 U.S.C. 3797cc–2(a) 

SEC. 755. GRANTS FOR PROGRAMS FOR DRUG-ENDANGERED CHILDREN. 

(a) IN GENERAL.—The Attorney General shall make grants to 

States, territories, and Indian tribes (as defined in section 2704 of 

the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

3797d)) for the purpose of carrying out programs to provide comprehensive services to aid children who are living in a home in 

which methamphetamine or other controlled substances are unlawfully manufactured, distributed, dispensed, or used. 

* * * * * * * 

42 U.S.C. 3797cc–3 

SEC. 756. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ADDRESS 

METHAMPHETAMINE USE BY PREGNANT AND PARENTING 

WOMEN OFFENDERS. 

(a) PURPOSE AND PROGRAM AUTHORITY.— (1) GRANT AUTHORIZATION.—The Attorney General may 

award competitive grants to address the use of methamphetamine among pregnant and parenting women offenders to promote public safety, public health, family permanence and well 

being. 

(2) PURPOSES AND PROGRAM AUTHORITY.—Grants awarded 

under this section shall be used to facilitate or enhance and 

collaboration between the criminal justice, child welfare, and 

State, territorial, or Tribal substance abuse systems in order to 

carry out programs to address the use of methamphetamine 

drugs by pregnant and parenting women offenders. 

(b) DEFINITIONS.—In this section, the following definitions shall 

apply: 

(1) CHILD WELFARE AGENCY.—The term ‘‘child welfare agency’’ means the State, territorial, or Tribal agency responsible 

for child øand/or¿ or family services and welfare. 

(2) CRIMINAL JUSTICE AGENCY.—The term ‘‘criminal justice 

agency’’ means an agency of the State, territory, or Indian tribe 

or local government or its contracted agency that is responsible 

for detection, arrest, enforcement, prosecution, defense, adjudication, incarceration, probation, or parole relating to the violation of the criminal laws of that State, territory, or Indian 

tribe or local government. 

(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 

given the term in section 2704 of the Omnibus Crime Control 

and Safe Streets Act of 1968 (42 U.S.C. 3797d). 

(c) APPLICATIONS.—

(1) IN GENERAL.—No grant may be awarded under this section unless an application has been submitted to, and approved 

by, the Attorney General. 


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(2) APPLICATION.—An application for a grant under this section shall be submitted in such form, and contain such information, as the Attorney General may prescribe by regulation 

or guidelines. 

(3) ELIGIBLE ENTITIES.—The Attorney General shall make 

grants to States, territories, and øIndian Tribes¿ Indian tribes. Applicants must demonstrate extensive collaboration with the 

State criminal justice agency and child welfare agency in the 

planning and implementation of the program. 

(4) CONTENTS.—In accordance with the regulations or guidelines established by the Attorney General in consultation with 

the Secretary of Health and Human Services, each application 

for a grant under this section shall contain a plan to expand 

the øState’s services¿ services of the State, territory, or Indian 

tribe for pregnant and parenting women offenders who are 

pregnant women øand/or¿ or women with dependent children 

for the use of methamphetamine or methamphetamine and 

other drugs and include the following in the plan: 

(A) A description of how the applicant will work jointly 

with the øState¿ criminal justice and child welfare agencies needs associated with the use of methamphetamine or 

methamphetamine and other drugs by pregnant and parenting women offenders to promote family stability and 

permanence. 

(B) A description of the nature and the extent of the 

problem of methamphetamine use by pregnant and parenting women offenders. 

(C) A certification that the State has involved counties, Indian tribes, and other units of local government, when 

appropriate, in the development, expansion, modification, 

operation or improvement of proposed programs to address 

the use, manufacture, or sale of methamphetamine. 

(D) A certification that funds received under this section 

will be used to supplement, not supplant, other Federal, 

State, tribal and local funds. 

* * * * * * * 

INDIAN LAND CONSOLIDATION ACT 

25 U.S.C. 2201 

Section 202 of the Indian Land Consolidation Act is amended as 

follows: 

SEC. 2201. DEFINITIONS. 

* * * * * * * 

(4)(i) ‘‘trust or restricted lands’’ means lands, title to which 

is held by the United States in trust for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States against alienation; 

and 

ø‘‘trust or restricted interest in land’’ or¿ (ii) ‘‘trust or restricted interest in land’’ or ‘‘trust or restricted interest in a 

parcel of land’’ means øan interest in land, title to which¿ an 

interest in land, the title to which interest is held in trust by 


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the United States for an Indian tribe or individual, or which 

is held by an Indian tribe or individual subject to a restriction 

by the United States against alienation. 

* * * * * * * 

ø(7) ‘‘land’’ means any real property, and includes within its 

meaning for purposes of this chapter improvements permanently affixed to real property;¿ 

(7) the term ‘‘land’’—

(A) means any real property; and 

(B) only for purposes of intestate succession under section 

207(a), includes the interest, if any, owned by the decedent 

in improvements permanently affixed to a parcel of trust or 

restricted lands (subject to any valid mortgage or other interest in such an improvement) if the parcel was owned, in 

whole or in part, by the decedent immediately prior to the 

death of the decedent. 

25 U.S.C. 2206 

Section 207 of the Indian Land Consolidation Act is amended as 

follows: 

(a)(2)(D) INTESTATE DESCENT OF SMALL FRACTIONAL INTERESTS

IN LAND.— (i) GENERAL RULE.—Notwithstanding subparagraphs 

(A) and (B), and subject to any applicable Federal law, 

any trust or restricted interest in land in the decedent’s estate that is not disposed of by a valid will and 

represents less than 5 percent of the entire undivided 

ownership of the parcel of land of which such interest 

is a part, as evidenced by the decedent’s estate inventory at the time of the heirship determination, shall 

descend in accordance with øclauses (ii) through (iv)¿ 

clauses (ii) through (v). 

* * * * * * * 

ø(v) RULE OF CONSTRUCTION.—This subparagraph 

shall not be construed to limit a person’s right to devise any trust or restricted interest by way of a valid 

will in accordance with subsection (b) of this section.¿ 

(v) EFFECT OF SUBPARAGRAPH.—Nothing in this subparagraph limits the right of any person to devise any 

trust or restricted interest pursuant to a valid will in 

accordance with subsection (b). 

* * * * * * * 

(b)(2)(B) INDIAN REORGANIZATION ACT LANDS.—

øAny interest¿ (i) IN GENERAL.—Subject to clauses 

(ii) and (iii), any interest in trust or restricted land 

that is subject to section 464 of this title, may be devised only in accordance with—

ø(i)¿(I) that section; 

ø(ii)¿(II) subparagraph (A)(i); or 

ø(iii)¿(III) paragraph (1)(A)ø;¿. 

(ii) EXCEPTION—

(I) IN GENERAL.—Notwithstanding clause (i), in 

any case in which a resolution, law, or other enactVerDate Aug 31 2005 07:21 Apr 18, 2008 Jkt 069010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6603 E:\HR\OC\SR326.XXX SR326

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ment of the Indian tribe with jurisdiction over the 

land of which an interest described in clause (i) is 

a part requests the Secretary to apply subparagraph (A)(ii) to devises of trust or restricted land 

under the jurisdiction of the Indian tribe, the interest may be devised in fee in accordance with 

subparagraph (A)(ii). 

(II) EFFECT.—Subclause (I) shall apply with respect to a devise of a trust or restricted interest in 

land by any decedent who dies on or after the date 

on which the applicable Indian tribe adopts the 

resolution, law, or other enactment described in 

subclause (I), regardless of the date on which the 

devise is made. 

øprovided that nothing¿ (iii) EFFECT.—Except as 

provided in clause (ii), nothing in this section or in 

section 464 of this title, shall be construed to authorize the devise of any interest in trust or restricted 

land that is subject to section 464 of this title to any 

person as a fee interest under subparagraph (A)(ii). 

* * * * * * * 

(c) JOINT TENANCY; RIGHT OF SURVIVORSHIP.—

* * * * * * * 

(2) EXCEPTION.—Paragraph (1) shall not apply to any devise 

of an interest in trust or restricted land where the will in 

which such devise is made was executed prior to øthe date that 

is 1 year after the date on which the Secretary publishes the 

certification required by section 8(a)(4) of the American Indian 

Probate Reform Act of 2004.¿ September 1, 2008. 

* * * * * * * 

(o) PURCHASE OPTION AT PROBATE.—

* * * * * * * 

ø(3) REQUEST TO PURCHASE; AUCTION; CONSENT REQUIREMENTS.—No sale¿ (3) REQUEST TO PURCHASE; CONSENT REQUIREMENTS; MULTIPLE REQUESTS TO PURCHASE.—

(A) IN GENERAL.—No sale of an interest in probate shall 

occur under this subsection unless—

ø(A)¿ (i) an eligible purchaser described in paragraph (2) submits a written request to purchase prior 

to the distribution of the interest to heirs or devisees 

of the decedent and in accordance with any regulations of the Secretary; and 

ø(B)¿ (ii) except as provided in paragraph (5), the 

heirs or devisees of such interest, and the decedent’s 

surviving spouse, if any, receiving a life estate under 

subparagraph (A) or (D) of subsection (a)(2) of this section consent to the sale. 

øIf the Secretary receives more than 1 request to purchase the same interest, the Secretary shall sell the 

interest by public auction or sealed bid (as determined 

by the Secretary) at not less than the appraised fair 

market value to the eligible purchaser submitting the 

highest bid.¿ 


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(B) MULTIPLE REQUESTS TO PURCHASE.—Except for interests purchased pursuant to paragraph (5), if the Secretary 

receives a request with respect to an interest from more 

than 1 eligible purchaser under paragraph (2), the Secretary shall sell the interest to the eligible purchaser that 

is selected by the applicable heir, devisee, or surviving 

spouse. 

(4) APPRAISAL AND NOTICE.—Prior to the sale of an interest 

pursuant to this subsection, the Secretary shall—

(A) appraise the interest at its fair market value in accordance with this chapter; and 

(B) provide eligible heirs, other devisees, and the Indian 

tribe with jurisdiction over the interest with written notice, sent by first class mail, that the interest is available 

for purchase in accordance with this subsectionø; and¿. 

ø(C) if the Secretary receives more than 1 request to 

purchase the interest by a person described in subparagraph (B), provide notice of the manner (auction or sealed 

bid), time and place of the sale, a description, and the appraised fair market value, of the interest to be sold—

(i) to the heirs or other devisees and the Indian tribe 

with jurisdiction over the interest, by first class mail; 

and 

(ii) to all other eligible purchasers, by posting written notice in at least 5 conspicuous places in the vicinity of the place of hearing.¿ 

(5) SMALL UNDIVIDED INTERESTS IN INDIAN LANDS.—

(A) IN GENERAL.—Subject to øsubparagraph (B), the consent of a person who is an heir¿ subparagraph (C), the consent of a person who is an heir or surviving spouse otherwise required under paragraph (3)(B) shall not be required 

for the øauction and¿ sale of an interest at probate under 

this subsection if—

(i) the interest is passing by intestate succession; 

øand¿ 

(ii) prior to the øauction¿ sale the Secretary determines in the probate proceeding that øthe interest 

passing to such heir represents¿, at the time of death 

of the applicable decedent, the interest of the decedent 

in the land represented less than 5 percent of the entire undivided ownership of the parcel of land as evidenced by the Secretary’s records as of the time the 

determination is madeø.¿; 

(iii) the decedent died on or after September 1, 2008; 

and 

(iv)(I) the Secretary is purchasing the interest under 

the program authorized under section 213(a)(1); or 

(II) after receiving a notice under paragraph (4)(B), 

the Indian tribe with jurisdiction over the interest is 

proposing to purchase the interest from an heir or surviving spouse who is not residing on the property in accordance with clause (i), and who is not a member, 

and is not eligible to become a member, of that Indian 

tribe. 


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(B) AUTHORITY TO EXTEND DATE.—The Secretary may extend the date referred to in subparagraph (A)(iii) by not 

more than 1 year if, by not later than August 1, 2008, the 

Secretary publishes in the Federal Register a notice of the 

extension. 

ø(B)¿ (C) EXCEPTION.—Notwithstanding subparagraph 

(A), the consent of such heir or surviving spouse shall be 

required for the sale at probate of the øheir’s interest¿ interest of the heir or surviving spouse if, at the time of the 

decedent’s death, the heir or surviving spouse was residing 

on the parcel of land of which the interest to be sold was 

a part. 

* * * * * * * 

25 U.S.C. 2212(a)(1) 

* * * * * * * 

(a) ACQUISITION BY SECRETARY.—

(1) IN GENERAL.—The Secretary may acquire, at the discretion of the Secretary and with the consent of the owner, or 

from an heir during probate in accordance with øsection 

207(p)¿ section 207(o) of this title and at fair market value, any 

fractional interest in trust or restricted lands. 

INDIAN ARTS AND CRAFTS ACT AMENDMENTS 

25 U.S.C. 305(d) 

Section 5 of the Act entitled ‘‘An Act to provide the development 

of Indian arts and crafts and to create a board to assist therein, and for other purposes’’ is amended as follows: 

øReferral for criminal and civil violations; complaints; recommendations 

(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 of the Interior 

refer the matter to the Attorney General for civil action under section 305e of this title.¿ 

SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS. 

(a) DEFINITION OF FEDERAL LAW ENFORCEMENT OFFICER.—In 

this section, the term ‘‘Federal law enforcement officer’’ includes a 

Federal law enforcement officer (as defined in section 115(c) of title 

18, United States Code). 

(b) CONDUCT OF INVESTIGATIONS.—Any Federal law enforcement 

officer may conduct an investigation relating to a violation of this 

Act that occurs on land under the jurisdiction of the Federal Government. 

(c) CRIMINAL PROCEEDINGS.—

(1) INVESTIGATION.—

(A) IN GENERAL.—The Board may refer an alleged violation of section 1159 of title 18, United States Code, to any 


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15 

Federal law enforcement officer for appropriate investigation. 

(B) REFERRAL NOT REQUIRED.—A Federal law enforcement officer may investigate an alleged violation of section 

1159 of that title regardless of whether the Federal law enforcement officer receives a referral under subparagraph 

(A). 

(2) FINDINGS.—The findings of an investigation of an alleged 

violation of section 1159 of title 18, United States Code, by any 

Federal department or agency under paragraph (1)(A) shall be 

submitted to—

(A) the Attorney General; or 

(B) the Board. 

(3) RECOMMENDATIONS.—On receiving the findings of an investigation under paragraph (2), the Board may—

(A) recommend to the Attorney General that criminal proceedings be initiated under section 1159 of title 18, United 

States Code; and 

(B) provide such support to the Attorney General relating 

to the criminal proceedings as the Attorney General determines to be appropriate. 

(d) CIVIL ACTIONS.—In lieu of, or in addition to, any criminal 

proceeding under subsection (c), the Board may recommend that the 

Attorney General initiate a civil action under section 6. 

25 U.S.C. 305e 

Section 6 of the Act entitled ‘‘An Act to provide the development 

of Indian arts and crafts and to create a board to assist therein, and for other purposes’’ is amended as follows: 

SEC. 305e. CAUSE OF ACTION FOR MISREPRESENTATION OF INDIAN 

PRODUCED GOODS 

(a) DEFINITIONS.—In this section: 

(1) INDIAN.—The term ‘‘Indian’’ means an individual that—

(A) is a member of an Indian tribe; or 

(B) is certified as an Indian artisan by an Indian tribe. 

(2) INDIAN PRODUCT.—The term ‘‘Indian product’’ has the 

meaning given the term in any regulation promulgated by the 

Secretary. 

(3) INDIAN TRIBE.—

(A) IN GENERAL.—The term ‘‘Indian tribe’’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). 

(B) INCLUSION.—The term ‘‘Indian tribe’’ includes, for 

purposes of this section only, an Indian group that has 

been formally recognized as an Indian tribe by—

(i) a State legislature; 

(ii) a State commission; or 

(iii) another similar organization vested with State 

legislative tribal recognition authority. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

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

specified in øsubsection (c)¿ subsection (d) of this section may, in 

a civil action in a court of competent jurisdiction, bring an action 


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16 

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 $1,000 for each day on which the offer or display for 

sale or sale continues. 

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

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

ø(b)¿ (c) PUNITIVE DAMAGES; ATTORNEY’S FEE.—In addition to 

the relief specified in øsubsection (a)¿ subsection (b) of this section, 

the court may award punitive damages and the costs of øsuit¿ the 

civil action and a reasonable attorney’s fee. 

ø(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) of this section 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) PERSONS THAT MAY INITIATE CIVIL ACTIONS.—

(1) IN GENERAL.—A civil action under subsection (b) may be 

initiated by—


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17 

(A) the Attorney General, at the request of the Secretary 

acting on behalf of— (i) an Indian tribe; 

(ii) an Indian; or 

(iii) an Indian arts and crafts organization; 

(B) an Indian tribe, acting on behalf of— (i) the Indian tribe; 

(ii) a member of that Indian tribe; or 

(iii) an Indian arts and crafts organization; 

(C) an Indian; or 

(D) an Indian arts and crafts organization. 

(2) DISPOSITION OF AMOUNTS RECOVERED.—

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

(B), an amount recovered in a civil action under this section shall be paid to the Indian tribe, the Indian, or the Indian arts and crafts organization on the behalf of which 

the civil action was initiated. 

(B) EXCEPTIONS.— (i) ATTORNEY GENERAL.— In the case of a civil action 

initiated under paragraph (1)(A), the Attorney General 

may deduct from the amount—

(I) the amount of the cost of the civil action and 

reasonable attorney’s fees awarded under subsection (c), to be deposited in the Treasury and 

credited to appropriations available to the Attorney 

General on the date on which the amount is recovered; and 

(II) the amount of the costs of investigation 

awarded under subsection (c), to reimburse the 

Board for the activities of the Board relating to the 

civil action. 

(ii) INDIAN TRIBE.—In the case of a civil action initiated under paragraph (1)(B), the Indian tribe may deduct from the amount— (I) the amount of the cost of the civil action; and 

(II) reasonable attorney’s fees. 

ø(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 an Indian tribe; 

(2) subject to subsection (f) of this section, 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 


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18 

(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.—øIn the event that¿ 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. 

18 U.S.C. Section 1159 

SEC. 1159. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND 

PRODUCTS. 

(a) It is unlawful to offer or display for sale or sell any 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. 

ø(b) Whoever knowingly violates subsection (a) shall— (1) in the case of a first violation, if an individual, be fined 

not more than $250,000 or imprisoned not more than five 

years, or both, and, if a person other than an individual, be 

fined not more than $1,000,000; and 

(2) in the case of subsequent violations, if an individual, be fined not more than $1,000,000 or imprisoned not more than 

fifteen years, or both, and, if a person other than an individual, 

be fined not more than $5,000,000.¿ 

(b) PENALTY.—Any person that knowingly violates subsection (a) 

shall—

(1) in the case of a first violation by that person— (A) if the applicable goods are offered or displayed for sale at a total price of $1,000 or more, or if the applicable 

goods are sold for a total price of $1,000 or more— (i) in the case of an individual, be fined not more than $250,000, imprisoned for not more than 5 years, 

or both; and 

(ii) in the case of a person other than an individual, 

be fined not more than $1,000,000; and 

(B) if the applicable goods are offered or displayed for 

sale at a total price of less than $1,000, or if the applicable 

goods are sold for a total price of less than $1,000—

(i) in the case of an individual, be fined not more 

than $25,000, imprisoned for not more than 1 year, or 

both; and 

(ii) in the case of a person other than an individual, 

be fined not more than $100,000; and 

(2) in the case of a subsequent violation by that person, regardless of the amount for which any good is offered or displayed for sale or sold—

(A) in the case of an individual, be fined under this title, 

imprisoned for not more than 15 years, or both; and 

(B) in the case of a person other than an individual, be 

fined not more than $5,000,000. 

(c) 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 an Indian tribe; 


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19 

(2) the terms ‘‘Indian product’’ and ‘‘product of a particular 

Indian tribe or Indian arts and crafts organization’’ has the 

meaning given such term in regulations which may be promulgated by the Secretary of the Interior; 

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

(3) the term ‘‘Indian tribe’’—

(A) has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 

U.S.C. 450b); and 

(B) includes, for purposes of this section only, an Indian 

group that has been formally recognized as an Indian tribe 

by— (i) a State legislature; 

(ii) a State commission; or 

(iii) another similar organization vested with State 

legislative tribal recognition authority; and 

* * * * * * * 

Æ 


bajohnson on PROD1PC77 with REPORTS