PUBLIC LAW 110–453—DEC. 2, 2008 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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

TITLE 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 

Albuquerque 

Indian School 

Act. 

Dec. 2, 2008 

[S. 1193] 


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122 STAT. 5028 PUBLIC LAW 110–453—DEC. 2, 2008 

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). 


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PUBLIC LAW 110–453—DEC. 2, 2008 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,’’ 


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122 STAT. 5030 PUBLIC LAW 110–453—DEC. 2, 2008 

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. 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 

25 USC 415 note. 


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PUBLIC LAW 110–453—DEC. 2, 2008 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 


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122 STAT. 5032 PUBLIC LAW 110–453—DEC. 2, 2008 

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 


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PUBLIC LAW 110–453—DEC. 2, 2008 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) 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 

25 USC 2206 

note. 


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122 STAT. 5034 PUBLIC LAW 110–453—DEC. 2, 2008 

LEGISLATIVE HISTORY—S. 1193: 

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. 

Æ 

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. 


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