S10676 CONGRESSIONAL RECORD — SENATE November 19, 2008 

Whereas the failure of many Commission 

members fishing east of 45 degrees west longitude to comply with other Commission recommendations to conserve and control the 

overfished eastern Atlantic and Mediterranean bluefin tuna stock has been an ongoing 

problem; 

Whereas the Commission’s Standing Committee on Research and Statistics noted in 

its 2006 report that the fishing mortality rate 

for the eastern Atlantic and Mediterranean 

stock may be more than 3 times the level 

that would permit the stock to stabilize at 

the maximum sustainable catch level, and 

continuing to fish at the level of recent 

years ‘‘is expected to drive the spawning biomass to a very low level’’ giving ‘‘rise to a 

high risk of fishery and stock collapse’’; 

Whereas the Standing Committee’s 2008 report recommended that the annual harvest 

levels for eastern Atlantic and Mediterranean bluefin tuna be reduced from 32,000 

metric tons to 15,000 metric tons or less to 

halt decline of the resource and initiate rebuilding; 

Whereas the Standing Committee has stated that time and area closures could greatly 

facilitate the implementation and monitoring of rebuilding strategies and recommended a closure of the Mediterranean 

Sea in May, June, and July, as well as a minimum size limit of 25 kilograms; 

Whereas in 2006, the Commission adopted 

the ‘‘Recommendation by ICCAT to Establish a Multi-Annual Recovery Plan for 

Bluefin Tuna in the eastern Atlantic and 

Mediterranean’’ containing a wide range of 

management, monitoring, and control measures designed to facilitate the recovery of 

the eastern Atlantic and Mediterranean 

bluefin tuna stock; 

Whereas the Recovery Plan is inadequate 

and allows overfishing and stock decline to 

continue, and initial information indicates 

that implementation of the plan in 2007 by 

many eastern Atlantic and Mediterranean 

bluefin tuna harvesting countries has been 

poor; 

Whereas since 1981, the Commission has 

adopted additional and more restrictive conservation and management recommendations for the western Atlantic bluefin tuna 

stock, and these recommendations have been 

implemented by Nations fishing west of 45 

degrees west longitude, including the United 

States; 

Whereas despite adopting, fully implementing, and complying with a science-based 

rebuilding program for the western Atlantic 

bluefin tuna stock by countries fishing west 

of 45 degrees west longitude, catches and 

catch rates remain very low; 

Whereas many scientists believe that mixing occurs between the western Atlantic 

bluefin tuna stock and the eastern Atlantic 

and Mediterranean stock, and as such, poor 

management and noncompliance with recommendations for one stock are likely to 

have an adverse effect on the other stock; 

and 

Whereas additional research on stock mixing will improve the understanding of the relationship between eastern and western 

bluefin tuna stocks and other fisheries, 

which will assist in the conservation, recovery, and management of the species throughout its range: Now, therefore, be it 

Resolved, That it is the sense of the Senate 

that the United States delegation to the 16th 

Special Meeting of the International Commission for the Conservation of Atlantic 

Tunas, should— 

(1) pursue a meaningful assessment of 

Commission member compliance with the 

‘‘Recommendation by ICCAT to Establish a 

Multi-Annual Recovery Plan for Bluefin 

Tuna in the eastern Atlantic and Mediterranean’’ (Recommendation 06–05), including 

seeking detailed explanations from Commission members that have failed to effectively 

implement the terms of the recommendation; 

(2) pursue the adoption by the Commission 

of measures designed to eliminate non-compliance, including, as appropriate, deducting 

a portion of a future quota for a party to 

compensate for such party exceeding its 

quota in prior years, and where appropriate, 

steps should be taken to link non-compliance with reductions in fishery or market 

access; 

(3) seek a temporary suspension of the 

eastern Atlantic and Mediterranean bluefin 

tuna fishery, including all trade, if significant progress toward establishing sciencebased management measures, improving 

monitoring and control measures, and addressing compliance issues is not made at 

the Commission this year; 

(4) seek to strengthen the conservation and 

management of the eastern Atlantic and 

Mediterranean bluefin tuna by making recommendations to halt the decline of the 

stock and begin to rebuild it, including reducing annual harvest levels so that they do 

not exceed recommendations of the Standing 

Committee and expanding the time and area 

closure for the Mediterranean purse seine 

fleet to include May, June, and July; and 

(5) pursue additional research on the relationship between the western Atlantic and 

eastern Atlantic and Mediterranean bluefin 

tuna stocks and the extent to which the populations intermingle. 

f 

AUTHORITY FOR COMMITTEES TO 

MEET 

COMMITTEE ON BANKING, HOUSING, AND URBAN

AFFAIRS

Mrs. MURRAY. Mr. President, I ask 

unanimous consent that the Committee on Banking, Housing, and 

Urban Affairs be authorized to meet 

during the session of the Senate on November 19, 2008 at 10 a.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON FINANCE

Mrs. MURRAY. Mr. President, I ask 

unanimous consent that the Committee on Finance be authorized to 

meet during the session of the Senate 

on Wednesday, November 19, 2008, at 10 

a.m., in room 215 of the Dirksen Senate 

Office Building, to hear testimony on 

‘‘Health Care Reform: An Economic 

Perspective’’. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON THE JUDICIARY

Mrs. MURRAY. Mr. President, I ask 

unanimous consent that the Senate 

Committee on the Judiciary be authorized to meet during the session of the 

Senate, to conduct a hearing entitled 

‘‘Helping Families Save Their Homes: 

The Role of Bankruptcy Law’’ on 

Wednesday, November 19, 2008, at 10 

a.m., in room SH–216 of the Hart Senate Office Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

ALBUQUERQUE INDIAN SCHOOL 

ACT 

Mr. CASEY. Mr. President, I ask 

unanimous consent that the Chair now 

lay before the Senate the House message to accompany S. 1193. 

There being no objection, the Presiding Officer (Mr. PRYOR) laid before 

the Senate the following message from 

the House of Representatives: 

S. 1193 

Resolved, That the bill from the Senate (S. 

1193) entitled ‘‘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.’’, do pass with the following amendments: 

Strike all after the enacting clause and insert the following: 

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 

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 


rfrederick on PROD1PC67 with SENATE
November 19, 2008 CONGRESSIONAL RECORD — SENATE S10677 

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). 

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,’’ 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, LEFTOUTS, 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 

(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 

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— 


rfrederick on PROD1PC67 with SENATE
S10678 CONGRESSIONAL RECORD — SENATE November 19, 2008 

‘‘(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 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 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’’. 

Amend the title so as to read: ‘‘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.’’. 

Mr. CASEY. Mr. President, I ask 

unanimous consent that the Senate 

concur in the House amendments, the 

motion to reconsider be laid upon the 

table, and that any statements relating 

to the bill be printed in the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

CIVIL RIGHTS ACT OF 1964 

COMMEMORATIVE COIN ACT 

Mr. CASEY. Mr. President, I ask 

unanimous consent that the Banking 

Committee be discharged from further 

consideration of H.R. 2040, and that the 

Senate proceed to its immediate consideration. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. The clerk 

will report the bill by title. 

The assistant legislative clerk read 

as follows: 

A bill (H.R. 2040) to require the Secretary 

of the Treasury to mint coins in commemoration of the semicentennial of the enactment of the Civil Rights Act of 1964. 

There being no objection, the Senate 

proceeded to consider the bill. 

Mr. CASEY. Mr. President, I ask 

unanimous consent that the bill be 

read a third time and passed, the motion to reconsider be laid upon the 

table, with no intervening action or debate, and that any statements relating 

to the bill be printed in the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The bill (H.R. 2040) was ordered to a 

third reading, was read the third time, 

and passed. 

f 

APPOINTMENT 

The PRESIDING OFFICER. The 

Chair, on behalf of the Republican 

leader, pursuant to provisions of Public 

Law 110–343, appoints the following individual as a member of the Congressional Oversight Panel: The Honorable 

JUDD GREGG, of New Hampshire. 

Mr. CASEY. Mr. President, I suggest 

the absence of a quorum. 

The PRESIDING OFFICER. The 

clerk will call the roll. 

The assistant legislative clerk proceeded to call the roll. 

Mr. CASEY. Mr. President, I ask 

unanimous consent that the order for 

the quorum call be rescinded. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

ORDERS FOR THURSDAY, 

NOVEMBER 20, 2008 

Mr. CASEY. Mr. President, I ask 

unanimous consent that when the Senate completes its business today, it 

stand in adjournment until 9:30 a.m. 

tomorrow, Thursday, November 20; 

that following the prayer and pledge, 

the Journal of proceedings be approved 

to date, the morning hour be deemed 

expired, the time for the two leaders be 

reserved for their use later in the day, 

and the Senate proceed to a period of 

morning business for up to 1 hour, with 

Senators permitted to speak for up to 

10 minutes each; that following morning business, the Senate resume consideration of the motion to proceed to 

Calendar No. 1123, H.R. 6867, an act to 

provide for additional emergency unemployment compensation. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

PROGRAM 

Mr. CASEY. Mr. President, earlier 

this evening, Senator REID filed cloture 

on the motion to proceed to the unemployment insurance legislation. Negotiations are ongoing to come to an 

agreement to have that vote tomorrow. 

Senators will be notified when the vote 

is scheduled. 

f 

ADJOURNMENT UNTIL 9:30 A.M. 

TOMORROW 

Mr. CASEY. If there is no further 

business to come before the Senate, I 

ask unanimous consent that it stand 

adjourned under the previous order. 

There being no objection, the Senate, 

at 6:42 p.m., adjourned until Thursday, 

November 20, 2008, at 9:30 a.m. 

f 

NOMINATIONS 

Executive nominations received by 

the Senate: 

FEDERAL HOUSING FINANCE AGENCY

STEVE A. LINICK, OF VIRGINIA, TO BE INSPECTOR GENERAL OF THE FEDERAL HOUSING FINANCE AGENCY. 

(NEW POSITION) 

SECURITIES INVESTOR PROTECTION

CORPORATION

ALESIA RANNEY-MARINELLI, OF NEW YORK, TO BE A 

DIRECTOR OF THE SECURITIES INVESTOR PROTECTION 

CORPORATION FOR A TERM EXPIRING DECEMBER 31, 2011, 

VICE ARMANDO J. BUCELO, JR., TERM EXPIRING. 

MARK S. SHELTON, OF KANSAS, TO BE A DIRECTOR OF 

THE SECURITIES INVESTOR PROTECTION CORPORATION 

FOR A TERM EXPIRING DECEMBER 31, 2011. (REAPPOINTMENT) 

INTER-AMERICAN FOUNDATION

THOMAS JOSEPH DODD, OF THE DISTRICT OF COLUMBIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF 

THE INTER-AMERICAN FOUNDATION FOR A TERM EXPIRING JUNE 26, 2014. (REAPPOINTMENT) 

GARY C. BRYNER, OF UTAH, TO BE A MEMBER OF THE 

BOARD OF DIRECTORS OF THE INTER-AMERICAN FOUNDATION FOR A TERM EXPIRING JUNE 26, 2014. (REAPPOINTMENT) 


rfrederick on PROD1PC67 with SENATE