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[110th Congress Public Law 453]
[From the U.S. Government Printing Office]

[DOCID: f:publ453.110]

[[Page 122 STAT. 5027]]

Public Law 110-453
110th Congress

                                 An Act

 
To direct the Secretary of the Interior to take into trust 2 parcels of 
 Federal land for the benefit of certain Indian Pueblos in the State of 
New Mexico, and for other purposes. <<NOTE: Dec. 2, 2008 -  [S. 1193]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

 TITLE <<NOTE: Albuquerque Indian School Act.>>  I--ALBUQUERQUE INDIAN 
SCHOOL ACT
SEC. 101. SHORT TITLE.

    This title may be cited as the ``Albuquerque Indian School Act''.
SEC. 102. DEFINITIONS.

    In this title:
            (1) 19 pueblos.--The term ``19 Pueblos'' means the New 
        Mexico Indian Pueblos of--
                    (A) Acoma;
                    (B) Cochiti;
                    (C) Isleta;
                    (D) Jemez;
                    (E) Laguna;
                    (F) Nambe;
                    (G) Ohkay Owingeh (San Juan);
                    (H) Picuris;
                    (I) Pojoaque;
                    (J) San Felipe;
                    (K) San Ildefonso;
                    (L) Sandia;
                    (M) Santa Ana;
                    (N) Santa Clara;
                    (O) Santo Domingo;
                    (P) Taos;
                    (Q) Tesuque;
                    (R) Zia; and
                    (S) Zuni.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior (or a designee).
            (3) Survey.--The term ``survey'' means the survey plat 
        entitled ``Department of the Interior, Bureau of Indian Affairs, 
        Southern Pueblos Agency, BIA Property Survey'' (prepared by

[[Page 122 STAT. 5028]]

        John Paisano, Jr., Registered Land Surveyor Certificate No. 
        5708), and dated March 7, 1977.
SEC. 103. LAND TAKEN INTO TRUST FOR BENEFIT OF 19 PUEBLOS.

    (a) Action by Secretary.--
            (1) In general.--The Secretary shall take into trust all 
        right, title, and interest of the United States in and to the 
        land described in subsection (b) for the benefit of the 19 
        Pueblos immediately after the Secretary has confirmed that the 
        National Environmental Policy Act of 1969 has been complied with 
        regarding the trust acquisition of these Federal lands.
            (2) Administration.--The Secretary shall--
                    (A) take such action as the Secretary determines to 
                be necessary to document the transfer under paragraph 
                (1); and
                    (B) appropriately assign each applicable private and 
                municipal utility and service right or agreement.

    (b) Description of Land.--The land referred to in subsection (a)(1) 
is the 2 tracts of Federal land, the combined acreage of which is 
approximately 8.4759 acres, that were historically part of the 
Albuquerque Indian School, more particularly described as follows:
            (1) Eastern part tract b.--The approximately 2.2699 acres 
        located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New 
        Mexico Principal Meridian in the city of Albuquerque, New 
        Mexico, as identified on the survey and does not include the 
        Western Part of Tract B containing 3.6512 acres.
            (2) Northern part tract d.--The approximately 6.2060 acres 
        located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New 
        Mexico Principal Meridian in the city of Albuquerque, New 
        Mexico, as identified on the survey and does not include the 
        Southern Part of Tract D containing 6.1775 acres.

    (c) Survey.--The Secretary shall perform a survey of the land to be 
transferred consistent with subsection (b), and may make minor 
corrections to the survey and legal description of the Federal land 
described in subsection (b) as the Secretary determines to be necessary 
to correct clerical, typographical, and surveying errors.
    (d) Use of Land.--The land taken into trust under subsection (a) 
shall be used for the educational, health, cultural, business, and 
economic development of the 19 Pueblos.
    (e) Limitations and Conditions.--The land taken into trust under 
subsection (a) shall remain subject to any private or municipal 
encumbrance, right-of-way, restriction, easement of record, or utility 
service agreement in effect on the date of enactment of this Act.
SEC. 104. EFFECT OF OTHER LAWS.

    (a) In General.--Except as otherwise provided in this section, land 
taken into trust under section 103(a) shall be subject to Federal laws 
relating to Indian land.
    (b) Gaming.--No gaming activity (within the meaning of the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.)) shall be carried out on 
land taken into trust under section 103(a).

[[Page 122 STAT. 5029]]

             TITLE II--NATIVE AMERICAN TECHNICAL CORRECTIONS

SEC. 201. COLORADO RIVER INDIAN TRIBES.

    The Secretary of the Interior may make, subject to amounts provided 
in subsequent appropriations Acts, an annual disbursement to the 
Colorado River Indian Tribes. Funds disbursed under this section shall 
be used to fund the Office of the Colorado River Indian Tribes 
Reservation Energy Development and shall not be less than $200,000 and 
not to exceed $350,000 annually.
SEC. 202. 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. 203. 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. 204. 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. 205. 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,''

[[Page 122 STAT. 5030]]

after ``lands held in trust for the Confederated Tribes of the Warm 
Springs Reservation of Oregon,''.
    (b) <<NOTE: 25 USC 415 note.>> 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. 206. NEW SETTLEMENT COMMON STOCK ISSUED TO DESCENDANTS, LEFT-
                        OUTS, AND ELDERS.

    Section 7(g)(1)(B) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1606(g)(1)(B)) is amended by striking clause (iii) and inserting 
the following:
                          ``(iii) Conditions on certain stock.--
                                    ``(I) In general.--An amendment 
                                under clause (i) may provide that 
                                Settlement Common Stock issued to a 
                                Native pursuant to the amendment (or 
                                stock issued in exchange for that 
                                Settlement Common Stock pursuant to 
                                subsection (h)(3) or section 
                                29(c)(3)(D)) shall be subject to 1 or 
                                more of the conditions described in 
                                subclause (II).
                                    ``(II) Conditions.--A condition 
                                referred to in subclause (I) is a 
                                condition that--
                                            ``(aa) the stock described 
                                        in that subclause shall be 
                                        deemed to be canceled on the 
                                        death of the Native to whom the 
                                        stock is issued, and no 
                                        compensation for the 
                                        cancellation shall be paid to 
                                        the estate of the deceased 
                                        Native or any person holding the 
                                        stock;
                                            ``(bb) the stock shall carry 
                                        limited or no voting rights; and
                                            ``(cc) the stock shall not 
                                        be transferred by gift under 
                                        subsection (h)(1)(C)(iii).''.
SEC. 207. INDIAN LAND CONSOLIDATION ACT.

    (a) Definitions.--Section 202 of the Indian Land Consolidation Act 
(25 U.S.C. 2201) is amended--
            (1) in paragraph (4)--
                    (A) by inserting ``(i)'' after ``(4)'';
                    (B) by striking `` `trust or restricted interest in 
                land' or'' and inserting the following: ``(ii) `trust or 
                restricted interest in land' or''; and
                    (C) in clause (ii) (as designated by sub paragraph 
                (B)), by striking ``an interest in land, title to 
                which'' and inserting ``an interest in land, the title 
                to which interest''; and
            (2) by striking paragraph (7) and inserting the following: 
        ``(7) the term `land' means any real property;''.

    (b) Partition of Highly Fractionated Indian Lands.--Section 
205(c)(2)(D)(i) of the Indian Land Consolidation Act (25 U.S.C. 
2204(c)(2)(D)(i)) is amended in the matter following subclause (III) by 
striking ``by Secretary'' and inserting ``by the Secretary''.
    (c) Descent and Distribution.--Section 207 of the Indian Land 
Consolidation Act (25 U.S.C. 2206) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(D)--
                          (i) in clause (i), by striking ``clauses (ii) 
                      through (iv)'' and inserting ``clauses (ii) 
                      through (v)'';
                          (ii) in clause (iv)(II), by striking 
                      ``decedent'' and inserting ``descent''; and

[[Page 122 STAT. 5031]]

                          (iii) by striking clause (v) and inserting the 
                      following:
                          ``(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).''; and
                    (B) by adding at the end the following:
            ``(2) Intestate descent of permanent improvements.--
                    ``(A) Definition of covered permanent improvement.--
                In this paragraph, the term `covered permanent 
                improvement' means a permanent improvement (including an 
                interest in such an improvement) that is--
                          ``(i) included in the estate of a decedent; 
                      and
                          ``(ii) attached to a parcel of trust or 
                      restricted land that is also, in whole or in part, 
                      included in the estate of that decedent.
                    ``(B) Rule of descent.--Except as otherwise provided 
                in a tribal probate code approved under section 206 or a 
                consolidation agreement approved under subsection 
                (j)(9), a covered permanent improvement in the estate of 
                a decedent shall--
                          ``(i) descend to each eligible heir to whom 
                      the trust or restricted interest in land in the 
                      estate descends pursuant to this subsection; or
                          ``(ii) pass to the recipient of the trust or 
                      restricted interest in land in the estate pursuant 
                      to a renunciation under subsection (j)(8).
                    ``(C) Application and effect.--The provisions of 
                this paragraph apply to a covered permanent 
                improvement--
                          ``(i) even though that covered permanent 
                      improvement is not held in trust; and
                          ``(ii) without altering or otherwise affecting 
                      the non-trust status of such a covered permanent 
                      improvement.' ''';
            (2) in subsection (b)(2)(B)--
                    (A) by redesignating clauses (i) through (iii) as 
                subclauses (I) through (III), respectively, and 
                indenting the subclauses appropriately;
                    (B) by striking ``Any interest'' and inserting the 
                following:
                          ``(i) In general.--Subject to clauses (ii) and 
                      (iii), any interest'';'';
                    (C) in subclause (III) of clause (i) (as designated 
                by subparagraphs (A) and (B)), by striking the semicolon 
                and inserting a period;
                    (D) by striking ``provided that nothing'' and 
                inserting the following:
                          ``(iii) Effect.--Except as provided in clause 
                      (ii), nothing; and''.
                    (E) by inserting after clause (i) (as designated by 
                subparagraph (B)) the following:
                          ``(ii) Exception.--
                                    ``(I) In general.--Notwithstanding 
                                clause (i), in any case in which a 
                                resolution, law, or other duly adopted 
                                enactment of the Indian tribe with 
                                jurisdiction over the land of which an 
                                interest

[[Page 122 STAT. 5032]]

                                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.
                                    ``(III) Notice of request.--An 
                                Indian tribe shall provide to the 
                                Secretary a copy of any resolution, law, 
                                or other enactment of the Indian tribe 
                                that requests the Secretary to apply 
                                subparagraph (A)(ii) to devises of trust 
                                or restricted land under the 
                                jurisdiction of the Indian tribe.'';
            (3) in subsection (h)(1)--
                    (A) by striking ``A will'' and inserting the 
                following:
                    ``(A) In general.--A will''; and
                    (B) by adding at the end the following:
                    ``(B) Permanent improvements.--Except as otherwise 
                expressly provided in the will, a devise of a trust or 
                restricted interest in a parcel of land shall be 
                presumed to include the interest of the testator in any 
                permanent improvements attached to the parcel of land.
                    ``(C) Application and effect.--The provisions of 
                this paragraph apply to a covered permanent 
                improvement--
                          ``(i) even though that covered permanent 
                      improvement is not held in trust; and
                          ``(ii) without altering or otherwise affecting 
                      the non-trust status of such a covered permanent 
                      improvement.'';
            (4) in subsection (i)(4)(C), by striking ``interest land'' 
        and inserting ``interest in land'';
            (5) in subsection (j)(2)(A)(ii), by striking ``interest 
        land'' and inserting ``interest in land'';
            (6) in subsection (k), in the matter preceding paragraph 
        (1), by inserting ``a'' after ``receiving''; and
            (7) in subsection (o)--
                    (A) in paragraph (3)--
                          (i) by redesignating subparagraphs (A) and (B) 
                      as clauses (i) and (ii) and indenting the clauses 
                      appropriately;
                          (ii) by striking ``(3)'' and all that follows 
                      through ``No sale'' and inserting the following:
            ``(3) Request to purchase; consent requirements; multiple 
        requests to purchase.--
                    ``(A) In general.--No sale'';
                          (iii) by striking the last sentence and 
                      inserting the following:
                    ``(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

[[Page 122 STAT. 5033]]

                that is selected by the applicable heir, devisee, or 
                surviving spouse.'';
                    (B) in paragraph (4)--
                          (i) in subparagraph (A), by adding ``and'' at 
                      the end;
                          (ii) in subparagraph (B), by striking ``; 
                      and'' and inserting a period; and
                          (iii) by striking subparagraph (C); and
                    (C) in paragraph (5)--
                          (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i)--
                                            (aa) by inserting ``or 
                                        surviving spouse'' after 
                                        ``heir'';
                                            (bb) by striking ``paragraph 
                                        (3)(B)'' and inserting 
                                        ``paragraph (3)(A)(ii)''; and
                                            (cc) by striking ``auction 
                                        and'';
                                    (II) in clause (i), by striking 
                                ``and'' at the end;
                                    (III) in clause (ii)--
                                            (aa) by striking ``auction'' 
                                        and inserting ``sale'';
                                            (bb) by striking ``the 
                                        interest passing to such heir 
                                        represents'' and inserting ``, 
                                        at the time of death of the 
                                        applicable decedent, the 
                                        interest of the decedent in the 
                                        land represented''; and
                                            (cc) by striking the period 
                                        at the end and inserting ``; 
                                        and'';
                                    (IV) by adding at the end the 
                                following:
                          ``(iii)(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.''; and
                          (ii) in subparagraph (B)--
                                    (I) by inserting ``or surviving 
                                spouse'' after ``heir'' each place it 
                                appears; and
                                    (II) by striking ``heir's interest'' 
                                and inserting ``interest of the heir or 
                                surviving spouse''.

    (d) Conforming Amendment.--Section 213(a)(1) of the Indian Land 
Consolidation Act (25 U.S.C. 2212(a)(1)) is amended by striking 
``section 207(p)'' and inserting ``section 207(o)''.
    (e) Owner-Managed Interests.--Section 221(a) of the Indian Land 
Consolidation Act (25 U.S.C. 2220(a)) is amended by inserting ``owner 
or'' before ``co-owners''.
    (f) <<NOTE: 25 USC 2206 note.>> Effective Dates.--
            (1) Testamentary disposition.--The amendments made by 
        subsection (c)(2) of this section to section 207(b) of the 
        Indian Land Consolidation Act (25 U.S.C. 2206(b)) shall not 
        apply to any will executed before the date that is 1 year after 
        the date of enactment of this Act.
            (2) Small undivided interests in indian lands.--The 
        amendments made by subsection (c)(7)(C) of this section to

[[Page 122 STAT. 5034]]

        subsection (o)(5) of section 207 of the Indian Land 
        Consolidation Act (25 U.S.C. 2206) shall not apply to or affect 
        any sale of an interest under subsection (o)(5) of that section 
        that was completed before the date of enactment of this Act.

    TITLE III--REAUTHORIZATION OF MEMORIAL TO MARTIN LUTHER KING, JR.

SEC. 301. REAUTHORIZATION.

    Section 508(b)(2) of the Omnibus Parks and Public Lands Management 
Act of 1996 (40 U.S.C. 8903 note; 110 Stat. 4157, 114 Stat. 26, 117 
Stat. 1347, 119 Stat. 527) is amended by striking ``November 12, 2008'' 
and inserting ``November 12, 2009''.

    Approved December 2, 2008.

LEGISLATIVE HISTORY--S. 1193:
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SENATE REPORTS: No. 110-434 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            Sept. 22, considered and passed Senate.
            Sept. 29, considered and passed House, amended.
            Nov. 19, Senate concurred in House amendment.

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