69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–692 

TO AMEND CERTAIN LAWS RELATING TO NATIVE 

AMERICANS, AND FOR OTHER PURPOSES 

JUNE 5, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 5680] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 5680) to amend certain laws relating to Native Americans, and for others purposes, having considered the same, report 

favorably thereon with amendments and recommend that the bill 

as amended do pass. 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 

Sec. 2. Colorado River Indian Tribes. 

Sec. 3. Gila River Indian Community contracts. 

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

Sec. 5. Morongo Band of Mission Indians Lease Extension. 

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

Sec. 7. New Settlement Common Stock issued to descendants, left-outs, and elders. 

Sec. 8. Miccosukee Tribe of Indians of Florida. 

SEC. 2. COLORADO RIVER INDIAN TRIBES. 

From revenues deposited into the Treasury after the date of the enactment of this 

Act pursuant to section 3 of the Act of August 7, 1946 (25 U.S.C. 385c) and disbursed pursuant to Public Law 82–136, from power operations on the reservation 

of the Colorado River Indian Tribe and earnings derived from such revenues under 

section 1(b) of the Act of June 24, 1938 (25 U.S.C. 162a(b)), the Secretary of the 

Interior may make an annual disbursement to the Colorado River Indian Tribes. 

Funds disbursed under this section— 

(1) shall be used to fund the Office of the Colorado River Indian Tribes Reservation Energy Development; 

(2) shall not affect funds held from any other irrigation project; 

(3) shall not be less than $200,000 and not to exceed $350,000 annually; and 


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(4) shall only be disbursed in years that the revenues deposited exceed the 

amount required to carry out the purposes for which they were deposited under 

section 3(1) of the Act of August 7, 1946 (25 U.S.C. 385c(1)). 

SEC. 3. GILA RIVER INDIAN COMMUNITY CONTRACTS. 

Subsection (f) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(f)), 

is amended by striking ‘‘lease, affecting’’ and inserting ‘‘lease or construction contract, affecting’’. 

SEC. 4. LAND AND INTERESTS OF THE SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS OF 

MICHIGAN. 

(a) IN GENERAL.—Subject to subsections (b) and (c), notwithstanding any other 

provision of law (including regulations), the Sault Ste. Marie Tribe of Chippewa Indians of Michigan (including any agent or instrumentality of the Tribe) (referred to 

in this section as the ‘‘Tribe’’), may transfer, lease, encumber, or otherwise convey, 

without further authorization or approval, all or any part of the Tribe’s interest in 

any real property that is not held in trust by the United States for the benefit of 

the Tribe. 

(b) EFFECT OF SECTION.—Nothing in this section is intended to authorize the 

Tribe to transfer, lease, encumber, or otherwise convey, any lands, or any interest 

in any lands, that are held in trust by the United States for the benefit of the Tribe. 

(c) LIABILITY.—The United States shall not be held liable to any party (including 

the Tribe or any agent or instrumentality of the Tribe) for any term of, or any loss 

resulting from the term of any transfer, lease, encumbrance, or conveyance of land 

made pursuant to this Act unless the United States or an agent or instrumentality 

of the United States is a party to the transaction or the United States would be 

liable pursuant to any other provision of law. This subsection shall not apply to land 

transferred or conveyed by the Tribe to the United States to be held in trust for 

the benefit of the Tribe. 

(d) EFFECTIVE DATE.—This section shall be deemed to have taken effect on January 1, 2005. 

SEC. 5. MORONGO BAND OF MISSION INDIANS LEASE EXTENSION. 

Subsection (a) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(a)) 

is amended in the second sentence by inserting ‘‘and except leases of land held in 

trust for the Morongo Band of Mission Indians which may be for a term of not to 

exceed 50 years,’’ before ‘‘and except leases of land for grazing purposes which may 

be for a term of not to exceed ten years’’. 

SEC. 6. COW CREEK BAND OF UMPQUA TRIBE OF INDIANS LEASING AUTHORITY. 

(a) AUTHORIZATION FOR 99-YEAR LEASES.—Subsection (a) of the first section of the 

Act of August 9, 1955 (25 U.S.C. 415(a)), is amended in the second sentence by inserting ‘‘and lands held in trust for the Cow Creek Band of Umpqua Tribe of Indians,’’ after ‘‘lands held in trust for the Confederated Tribes of the Warm Springs 

Reservation of Oregon,’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to any 

lease entered into or renewed after the date of the enactment of this Act. 

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

Section 7 of the Alaska Native Claims Settlement Act, (Public Law 92–203; 85 

Stat. 691), is amended— 

(1) by amending subsection (g)(1)(B)(iii) (43 U.S.C. 1606(g)(1)(B)(iii)), to read 

as follows: 

‘‘(iii) The amendment authorized by clause (i) may provide that Settlement Common Stock issued to a Native pursuant to such amendment (or stock issued in exchange for such Settlement Common Stock pursuant to subsection (h)(3) of this section or section 1626c(d) of this title) shall be subject to one or more of the following: 

‘‘(I) Such stock shall be deemed canceled upon the death of such Native, and 

no compensation for this cancellation shall be paid to the estate of the deceased 

Native or to any person holding stock. 

‘‘(II) Such stock shall carry limited or no voting rights. 

‘‘(III) Such stock shall not be transferred by gift as provided in subparagraph 

(h)(1)(C)(iii).’’; and 

(2) in subsection (h)(1)(C) (43 U.S.C. 1606(h)(1)(C)), by striking ‘‘Notwithstanding the restrictions’’ and inserting ‘‘Expect as otherwise expressly provided 

in this chapter and’’. 

SEC. 8. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA. 

As soon as practicable after the date of the enactment of this Act, the Secretary 

of the Interior shall, consistent with the National Environmental Policy Act of 1969, 

take into trust for the benefit of the Miccosukee Tribe of Indians of Florida the land 


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described as Tract A and Tract B, Kendale Lakes North Section One, according to 

the Map or Plat thereof, as recorded in Plat Book 93, Page 1, Public Records of 

Miami-Dade County, Florida. After having been taken into trust, the land described 

in this section shall be part of the reservation of the Miccosukee Tribe of Indians 

of Florida. 

Amend the title so as to read: 

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

PURPOSE OF THE BILL

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

BACKGROUND AND NEED FOR LEGISLATION

H.R. 5680, as ordered reported, is comprised of seven distinct 

measures that seek to resolve issues affecting certain Native Americans and Alaska Natives. Specifically, these measures all concern 

self-governance and economic development needs and authorities of 

various tribes and Alaska Native corporations. 

COLORADO RIVER INDIAN TRIBES

A 1946 Act of Congress provides that electrical power revenues 

generated from operation of the Bureau of Indian Affairs (BIA) 

power system on the Colorado River Indian Reservation are to be 

expended for the Reservation’s BIA power system. Furthermore, a 

1983 Act of Congress provides that the investment proceeds that 

accrue from operating the Reservation’s BIA power system are to 

be expended on costs relating to the Reservation’s BIA power system. Under federal law, no other Indian tribe has a claim to either 

the revenue the BIA collects from the power system or investment 

proceeds. 

Colorado River Indian Tribes (CRIT) has had longstanding concerns over the Department’s management of the funds and they believe they are capable of overseeing the management and funding 

of the power system. H.R. 5680 seeks clarification that the Secretary of the Interior may disburse some of the power system proceeds to CRIT in order for CRIT to create the Office of the Colorado 

Indian Tribes Reservation Energy Development. 

GILA RIVER INDIAN COMMUNITY CONTRACTS

In 2005, Congress enacted language to the leasing provisions of 

Title 25 of the U.S. Code on behalf of the Gila River Indian Community which authorized the Community to allow for binding arbitration of disputes that arise from commercial leases or contracts. 

The Gila River Indian Community has adopted standard provisions 

in its commercial agreements which provide for arbitration should 

any dispute arise relating thereto. These provisions typically provide that the agreement to arbitrate may be enforced in either Federal or Tribal Court. Many non-Indian businesses still lack a complete understanding of tribal courts, however, and remain uncomfortable with the prospect of pursuing disputes in those courts. The 

Community believes, therefore, that this legislation would encourage business development on the Gila River Reservation by proVerDate Aug 31 2005 04:06 Jun 07, 2008 Jkt 069006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR692.XXX HR692

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viding prospective developers certainty and predictability as it pertains to the mechanism for resolving potential contractual disputes. 

LAND AND INTERESTS OF SAULT STE. MARIE TRIBE OF CHIPPEWA

INDIANS OF MICHIGAN

In 1993, the Sault Ste. Marie Tribe purchased 16 acres of private 

land in the city of St. Ignace, Michigan and operated a motel on 

the property for several years. The Tribe donated this fee simple 

land to the Mackinac Straits Hospital Authority (MSH) for the purpose of constructing a new hospital in 2005. The new hospital construction is backed by a $35 million loan guarantee from the U.S. 

Department of Agriculture (USDA). As part of the loan guarantee, 

the USDA requires title insurance coverage. 

The Indian Non-Intercourse Act, 25 U.S.C. § 177, prohibits the 

sale, grant or lease of land from any Indian nation without the consent of the federal government. Although this does not apply to 

land held by a tribe in fee simple status, the title insurance company will not issue coverage until either the Bureau of Indian Affairs (BIA) commits in writing that they will not enforce the Indian 

Non-Intercourse Act or Congress approves the land transfer 

through legislation. Current administration policy is that the NonIntercourse Act does not grant the Secretary of the Interior the authority to approve private (fee) land sales without direct authorization from Congress. USDA is holding up the loan guarantee until 

the title insurance company agrees to the coverage. 

This provision will address the title company’s concern by making clear the Tribe’s right to convey the land for the hospital in 

2005 was legal. The title insurance can then be acquired and the 

USDA loan guarantee secured. 

MORONGO TRIBE LEASE EXTENSION

The Morongo Band of Mission Indians’ Reservation is located on 

approximately 36,000 acres of land, bisected by the east-west I–10 

corridor near Banning, California. In 2002, the tribe began a program to develop an industrial park using parcels of land south of 

I–10. To date, the tribe has been successful in securing a long-term 

lease agreement with the Nestle ́ company and one of its subsidiary 

units, Arrowhead Water, for the production and bottling of water 

for personal consumption. However, the Morongo Tribe believes it 

necessary to have the ability to enter into lease agreements for periods longer than their current authorized term of 25 years in order 

to attract additional tenants and diversify their economy. Many of 

Morongo’s neighboring Indian tribes have been granted extended 

leasing authority, and therefore the Tribe believes that it must 

seek similar authority in order to remain competitive. 

COW CREEK BAND LEASING AUTHORITY

The Cow Creek Band has been actively investing in local infrastructure and economic development with the goals of diversifying 

their economy and assisting in shaping and recreating the local 

economy. They continue to seek to attract outside businesses and 

capital to their under-developed commercial and industrial areas 

near I–5 in southwestern Oregon. However, during previous business negotiations, the Band’s currently authorized 25-year lease 


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term has been a limiting factor. Many businesses have been reluctant to make large investments when there is no guarantee that 

they could operate their business beyond 25 years. 

Most other tribes located in Oregon have the authority to enter 

into 99-year leases, and therefore the Band believes they are at a 

disadvantage. H.R. 5680 provides this authority, which the Band 

would like to obtain in order to remain competitive with neighboring tribes. 

NEW SETTLEMENT COMMON STOCK ISSUED TO DESCENDANTS, LEFTOUTS AND ELDERS

Pursuant to the Alaska Native Claims Settlement Act (ANCSA), 

Alaska Natives born before December 18, 1971, were enrolled to 

one of thirteen Regional Corporations as shareholders, and to the 

Villages in which they lived or to which they had an historical, cultural, and familial tie. All shareholders enrolled to one of the Regional Corporations received original settlement common stock that 

carried with it certain rights, such as the right to allocate the 

shares through inheritance or by gift to family members, or to vote 

in Board elections or on corporate resolutions at annual meetings. 

In 1988, ANCSA was amended to allow a Regional Corporation 

to authorize the issuance of additional shares of settlement common stock to Shareholder Descendants, Left-Outs and Elders. To 

issue new stock pursuant to the 1988 amendment, a Regional Corporation was required to have a favorable vote from a majority of 

all shares of the Corporation. In 2006, the ANCSA voting standards were amended to allow ANCSA Corporations to adopt a resolution to issue new settlement common stock to Shareholder Descendants, Left-Outs and Elders through a simple majority vote of 

those present and voting. 

Several ANCSA Regional Corporations would like to now bring 

this issue to a vote, but would like to have the option of issuing 

new settlement common stock with voting limitations and limitations on the ability to transfer the stock by gift. The current law 

as written in ANCSA is not clear regarding the ability to limit voting rights or transfer by gift with regards to issuance of new stock. 

The language of H.R. 5680 allows ANCSA corporation shareholders 

to determine the type of new settlement stock that could be issued. 

SEC. 8. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA

In 2003, the Miccosukee Tribe of Indians submitted an application to the Department of the Interior to place its Miccosukee Golf 

and Country Club enterprise land in south Florida into trust for 

the benefit of the Tribe. According to the Tribe, the entire application, including environmental studies, is complete and has been 

pending for 5 years. The land is near, but not contiguous to the 

Miccosukee Reservation and is well within the geographic range of 

the Tribe’s traditional and ancestral lands. 

COMMITTEE ACTION

H.R. 5680 was introduced on April 2, 2008 by Representative 

Rau ́l Grijalva (D–AZ), and referred to the Committee on Natural 

Resources. On April 9, 2008, the Committee on Natural Resources 

held a hearing on the bill. 


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On May 14, 2008, the Committee on Natural Resources met to 

mark up the bill. Rep. Grijalva (D–AZ) offered an amendment in 

the nature of a substitute to make several technical corrections to 

the bill, such as using the full title for the Morongo Band of Mission Indians as well as the Cow Creek Band of Umpqua Tribe of 

Indians. Language pertaining to the Colorado River Indian Tribes 

was revised to specify a minimum and maximum amount of money 

that may be disbursed by the Secretary to the Tribe to develop an 

Office of Energy Development. Two provisions were dropped from 

the bill, one pertaining to the Columbia River Inter-Tribal Fish 

Commission and one pertaining to the Lac du Flambeau Band of 

Lake Superior Chippewa Indians of Wisconsin. Finally, the substitute seeks to ensure that the land into trust acquisition authorized by H.R. 5680 for the Miccosukee Tribe of Indians of Florida 

is consistent with the National Environmental Policy Act of 1969 

(NEPA). The amendment in the nature of a substitute was adopted 

by unanimous consent. The bill as amended was then ordered favorably reported to the House of Representatives by unanimous 

consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Table of contents 

Section 2. Colorado River Indian Tribes 

Section 2 authorizes the Secretary of the Interior to use revenues 

deposited in the Treasury from power operations on the Colorado 

River Indian Tribes Reservation to establish the Office of the Colorado Indian Tribes Reservation Energy Development. 

Section 3. Gila River Indian Community contracts 

Section 3 clarifies that construction contracts are included in 

those to which the Gila River Indian Community is authorized to 

enter into agreements for binding arbitration. 

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

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

fee simple status. 

Section 5. Morongo Band of Mission Indians Lease Extension 

Section 5 amends the Indian Long-Term Leasing Act, 25 U.S.C. 

415, to authorize the Morongo Band of Mission Indians to lease 

lands held in trust for up to 50 years. Currently, the Indian LongTerm Leasing Act authorizes tribes to enter into 25 year leases, 

with the option to renew for an additional 25 years. 

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

Section 6 amends the Indian Long-Term Leasing Act, 25 U.S.C. 

§ 415, to authorize the Cow Creek Band of Umpqua Indians, Oregon to lease lands held in trust for up to 99 years. Currently, the 

Indian Long-Term Leasing Act authorizes tribes to enter into 25 

year leases, with the option to renew for an additional 25 years. 


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Section 7. New settlement common stock issued to descendants, leftouts, and elders 

Section 7 would clarify that an ANCSA Regional Corporation 

could issue additional settlement stock to Shareholder Descendants, Left-outs, and Elders, with certain limitations on voting 

rights and the right to transfer by gift. 

Section 8. Miccosukee Tribe of Indians of Florida 

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

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to amend certain laws relating to Native Americans. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

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

H.R. 5680 would amend various laws concerning Native Americans. CBO estimates that implementing this legislation would have 

no significant impact on the federal budget. Enacting H.R. 5680 

would increase direct spending by roughly $300,000 annually but 

would not affect revenues. 

H.R. 5680 contains no intergovernmental or private-sector mandates as defined in the Unfunded Reform Mandates Act and would 


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impose no costs on State, local, or tribal governments. The provisions would benefit several Indian tribes. 

The bill would authorize the Secretary of the Interior to make 

payments of between $200,000 and $350,000 annually to the reservation of Colorado River Indian Tribes for a new local energy department. The payments would be made from receipts earned from 

the sale of electricity generated by the federally owned Colorado 

River power system on that reservation. 

Under current law, such receipts from electricity sales—an estimated $10 million a year—may be used without further appropriation to operate and maintain generating facilities, transmission 

lines, and other infrastructure. Under the bill, receipts collected in 

excess of amounts needed for those purposes would be available, 

also without further appropriation, for payments to the tribe. Assuming that receipts will be available for the new energy department, CBO estimates that the additional direct spending under the 

bill would total around $300,000 a year. 

Other sections of the bill would have no significant impact on the 

federal budget. Those sections would: 

• Authorize the Secretary to take lands into trust for the 

Miccosukee Tribe of Indians of Florida; 

• Allow certain tribes to lease lands held in trust for more than 

25-year terms; and 

• Permit the Sault Ste. Marie Tribe of Chippewa Indians of 

Michigan to lease, transfer, or convey, without the approval of the 

Secretary, any interest in land not held in trust by the United 

States. 

The CBO staff contact for this estimate is Leigh Angres. The estimate was approved by Theresa Gullo, Deputy Assistance Director 

for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 5680 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 


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ACT OF AUGUST 9, 1955 

(Commonly referred to as the ‘‘Long-Term Leasing Act’’) 

AN ACT To authorize the leasing of restricted Indian lands for public, religious, 

educational, recreational, residential, business, and other purposes requiring the 

grant of long-term leases. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That (a) any restricted Indian lands, whether tribally or individually owned, may 

be leased by the Indian owners, with the approval of the Secretary 

of the Interior, for public, religious, educational, recreational, residential, or business purposes, including the development or utilization of natural resources in connection with operations under such 

leases, for grazing purposes, and for those farming purposes which 

require the making of a substantial investment in the improvement 

of the land for the production of specialized crops as determined by 

said Secretary. All leases so granted shall be for a term of not to 

exceed twenty-five years, except leases of land located outside the 

boundaries of Indian reservations in the State of New Mexico, 

leases of land on the Agua Caliente (Palm Springs) Reservation, 

the Dania Reservation, the Pueblo of Santa Ana (with the exception of the lands known as the ‘‘Santa Ana Pueblo Spanish Grant’’), 

the reservation of the Confederated Tribes of the Warm Springs 

Reservation of Oregon, the Moapa Indian Reservation, the 

Swinomish Indian Reservation, the Southern Ute Reservation, the 

Fort Mojave Reservation, the Confederated Tribes of the Umatilla 

Indian Reservation, the Burns Paiute Reservation, the Kalispel Indian Reservation, the pueblo of Cochiti, the pueblo of Pojoaque, the 

pueblo of Tesuque, the pueblo of Zuni, the Hualapai Reservation, 

the Spokane Reservation, the San Carlos Apache Reservation, the 

Yavapai-Prescott Community Reservations, the Pyramid Lake Reservation, the Gila River Reservation, the Soboba Indian Reservation, the Viejas Indian Reservation, the Tulalip Indian Reservation, 

the Navajo Reservation, the Cabazon Indian Reservation, the 

Muckleshoot Indian Reservation and land held in trust for the 

Muckleshoot Indian Tribe, the Mille Lacs Reservation with respect 

to a lease between an entity established by the Mille Lacs Band of 

Chippewa Indians and the Minnesota Historical Society, leases of 

the the lands comprising the Moses Allotment Numbered 8 and the 

Moses Allotment Numbered 10, Chelan County, Washington, and 

lands held in trust for the Las Vegas Paiute Tribe of Indians, and 

lands held in trust for the Twenty-nine Palms Band of Luiseno 

Mission Indians, and lands held in trust for the Reno Sparks Indian Colony, lands held in trust for the Torres Martinez Desert 

Cahuilla Indians, lands held in trust for the Guidiville Band of 

Pomo Indians of the Guidiville Indian Rancheria, lands held in 

trust for the Confederated Tribes of the Umatilla Indian Reservation, lands held in trust for the Confederated Tribes of the Warm 

Springs Reservation of Oregon, and lands held in trust for the Cow 

Creek Band of Umpqua Tribe of Indians, land held in trust for the 

Prairie Band Potawatomi Nation, lands held in trust for the Cherokee Nation of Oklahoma, land held in trust for the Fallon Paiute 

Shoshone Tribes, lands held in trust for the Pueblo of Santa Clara, 

land held in trust for the Yurok Tribe, land held in trust for the 

Hopland Band of Pomo Indians of the Hopland Rancheria, lands 


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held in trust for the Yurok Tribe, lands held in trust for the 

Hopland Band of Pomo Indians of the Hopland Rancheria, lands 

held in trust for the Confederated Tribes of the Colville Reservation, lands held in trust for the Cahuilla Band of Indians of California, lands held in trust for the confederated Tribes of the Grand 

Ronde Community of Oregon, and the lands held in trust for the 

Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana, and leases to the Devils Lake Sioux Tribe, or any 

organization of such tribe, of land on the Devils Lake Sioux Reservation, which may be for a term of not to exceed ninety-nine 

years, and except leases of land held in trust for the Morongo Band 

of Mission Indians which may be for a term of not to exceed 50 

years, and except leases of land for grazing purposes which may be 

for a term of not to exceed ten years. Leases for public, religious, 

educational, recreational, residential, or business purposes with the 

consent of both parties may include provisions authorizing their renewal for one additional term of not to exceed twenty-five years, 

and all leases and renewals shall be made under such terms and 

regulations as may be prescribed by the Secretary of the Interior. 

Prior to approval of any lease or extension of an existing lease pursuant to this section, the Secretary of the Interior shall first satisfy 

himself that adequate consideration has been given to the relationship between the use of the leased lands and the use of neighboring 

lands; the height, quality, and safety of any structures or other facilities to be constructed on such lands; the availability of police 

and fire protection and other services; the availability of judicial forums for all criminal and civil causes arising on the leased lands; 

and the effect on the environment of the uses to which the leased 

lands will be subject. 

* * * * * * * 

(f) An contract, including a ølease, affecting¿ lease or construction 

contract, affecting land within the Gila River Indian Community 

Reservation may contain a provision for the binding arbitration of 

disputes arising out of such contract. Such contracts shall be considered within the meaning of ‘‘commerce’’ as defined and subject 

to the provisions of section 1 of title 9, United States Code. Any refusal to submit to arbitration pursuant to a binding agreement for 

arbitration or the exercise of any right conferred by title 9 to abide 

by the outcome of arbitration pursuant to the provisions of chapter 

1 of title 9, sections 1 through 14, United States Code, shall be 

deemed to be a civil action arising under the Constitution, laws or 

treaties of the United States within the meaning of section 1331 of 

title 28, United States Code. 

* * * * * * * 

ALASKA NATIVE CLAIMS SETTLEMENT ACT 

* * * * * * * 

REGIONAL CORPORATIONS

SEC. 7. (a) * * * 

* * * * * * * 

(g)(1) SETTLEMENT COMMON STOCK.—(A) * * * 


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(B)(i) * * * 

* * * * * * * 

ø(iii) The amendment authorized by clause (i) may provide that 

Settlement Common Stock issued to a Native pursuant to such 

amendment (or stock issued in exchange for such Settlement Common Stock pursuant to subsection (h)(3) or section 37(d)) shall be 

deemed canceled upon the death of such Native. No compensation 

for this cancellation shall be paid to the estate of the deceased Native or to any person holding the stock.¿ 

(iii) The amendment authorized by clause (i) may provide that 

Settlement Common Stock issued to a Native pursuant to such 

amendment (or stock issued in exchange for such Settlement Common Stock pursuant to subsection (h)(3) of this section or section 

1626c(d) of this title) shall be subject to one or more of the following: 

(I) Such stock shall be deemed canceled upon the death of 

such Native, and no compensation for this cancellation shall be 

paid to the estate of the deceased Native or to any person holding stock. 

(II) Such stock shall carry limited or no voting rights. 

(III) Such stock shall not be transferred by gift as provided 

in subparagraph (h)(1)(C)(iii). 

* * * * * * * 

(h)(1) RIGHTS AND RESTRICTIONS.—(A) * * * 

* * * * * * * 

(C) øNotwithstanding the restrictions¿ Expect as otherwise expressly provided in this chapter and set forth in subparagraph (B), 

Settlement Common Stock may be transferred to a Native or a descendant of a Native— 

(i) * * * 

* * * * * * * 

Æ 


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