II 

Calendar No. 1082 

110TH CONGRESS 

2D SESSION H. R. 5680 

[Report No. 110–504] 

IN THE SENATE OF THE UNITED STATES 

JUNE 19, 2008 

Received; read twice and referred to the Committee on Indian Affairs 

SEPTEMBER 25 (legislative day, SEPTEMBER 17), 2008 

Reported by Mr. DORGAN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

AN ACT 

To amend certain laws relating to Native Americans, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TABLE OF CONTENTS. 

4 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. 


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Sec. 8. Admissions policy. 

Sec. 9. Indian Land Consolidation Act. 

1 SEC. 2. COLORADO RIVER INDIAN TRIBES. 

2 The Secretary of the Interior may make, subject to 

3 amounts provided in subsequent appropriations Acts, an 

4 annual disbursement to the Colorado River Indian Tribes. 

5 Funds disbursed under this section shall be used to fund 

6 the Office of the Colorado River Indian Tribes Reservation 

7 Energy Development and shall not be less than $200,000 

8 and not to exceed $350,000 annually. 

9 SEC. 3. GILA RIVER INDIAN COMMUNITY CONTRACTS. 

10 Subsection (f) of the first section of the Act of August 

11 9, 1955 (25 U.S.C. 415(f)), is amended by striking ‘‘lease, 

12 affecting’’ and inserting ‘‘lease or construction contract, 

13 affecting’’. 

14 SEC. 4. LAND AND INTERESTS OF THE SAULT STE. MARIE 

15 TRIBE OF CHIPPEWA INDIANS OF MICHIGAN. 

16 (a) IN GENERAL.—Subject to subsections (b) and (c), 

17 notwithstanding any other provision of law (including reg18 ulations), the Sault Ste. Marie Tribe of Chippewa Indians 

19 of Michigan (including any agent or instrumentality of the 

20 Tribe) (referred to in this section as the ‘‘Tribe’’), may 

21 transfer, lease, encumber, or otherwise convey, without 

22 further authorization or approval, all or any part of the 

23 Tribe’s interest in any real property that is not held in 

24 trust by the United States for the benefit of the Tribe. 


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1 (b) EFFECT OF SECTION.—Nothing in this section 

2 is intended to authorize the Tribe to transfer, lease, en3 cumber, or otherwise convey, any lands, or any interest 

4 in any lands, that are held in trust by the United States 

5 for the benefit of the Tribe. 

6 (c) LIABILITY.—The United States shall not be held 

7 liable to any party (including the Tribe or any agent or 

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

9 resulting from the term of any transfer, lease, encum10 brance, or conveyance of land made pursuant to this Act 

11 unless the United States or an agent or instrumentality 

12 of the United States is a party to the transaction or the 

13 United States would be liable pursuant to any other provi14 sion of law. This subsection shall not apply to land trans15 ferred or conveyed by the Tribe to the United States to 

16 be held in trust for the benefit of the Tribe. 

17 (d) EFFECTIVE DATE.—This section shall be deemed 

18 to have taken effect on January 1, 2005. 

19 SEC. 5. MORONGO BAND OF MISSION INDIANS LEASE EX20 TENSION. 

21 Subsection (a) of the first section of the Act of Au22 gust 9, 1955 (25 U.S.C. 415(a)) is amended in the second 

23 sentence by inserting ‘‘and except leases of land held in 

24 trust for the Morongo Band of Mission Indians which may 

25 be for a term of not to exceed 50 years,’’ before ‘‘and exVerDate Aug 31 2005 04:47 Sep 26, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5680.RS H5680

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1 cept leases of land for grazing purposes which may be for 

2 a term of not to exceed ten years’’. 

3 SEC. 6. COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

4 LEASING AUTHORITY. 

5 (a) AUTHORIZATION FOR 99-YEAR LEASES.—Sub6 section (a) of the first section of the Act of August 9, 

7 1955 (25 U.S.C. 415(a)), is amended in the second sen8 tence by inserting ‘‘and lands held in trust for the Cow 

9 Creek Band of Umpqua Tribe of Indians,’’ after ‘‘lands 

10 held in trust for the Confederated Tribes of the Warm 

11 Springs Reservation of Oregon,’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall apply to any lease entered into or re14 newed after the date of the enactment of this Act. 

15 SEC. 7. NEW SETTLEMENT COMMON STOCK ISSUED TO DE16 SCENDANTS, LEFT-OUTS, AND ELDERS. 

17 Section 7 of the Alaska Native Claims Settlement 

18 Act, (Public Law 92–203; 85 Stat. 691), is amended— 

19 (1) by amending subsection (g)(1)(B)(iii) (43 

20 U.S.C. 1606(g)(1)(B)(iii)), to read as follows: 

21 ‘‘(iii) The amendment authorized by clause (i) may 

22 provide that Settlement Common Stock issued to a Native 

23 pursuant to such amendment (or stock issued in exchange 

24 for such Settlement Common Stock pursuant to subVerDate Aug 31 2005 04:47 Sep 26, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\H5680.RS H5680

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1 section (h)(3) of this section or section 1626c(d) of this 

2 title) shall be subject to one or more of the following: 

3 ‘‘(I) Such stock shall be deemed canceled upon 

4 the death of such Native, and no compensation for 

5 this cancellation shall be paid to the estate of the de6 ceased Native or to any person holding stock. 

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

8 rights. 

9 ‘‘(III) Such stock shall not be transferred by 

10 gift as provided in subparagraph (h)(1)(C)(iii).’’; 

11 and 

12 (2) in subsection (h)(1)(C) (43 U.S.C. 

13 1606(h)(1)(C)), by striking ‘‘Notwithstanding the 

14 restrictions’’ and inserting ‘‘Expect as otherwise ex15 pressly provided in this chapter and’’. 

16 SEC. 7. NEW SETTLEMENT COMMON STOCK ISSUED TO DE17 SCENDANTS, LEFT-OUTS, AND ELDERS. 

18 Section 7(g)(1)(B) of the Alaska Native Claims Settle19 ment Act (43 U.S.C. 1606(g)(1)(B)) is amended by striking 

20 clause (iii) and inserting the following: 

21 ‘‘(iii) CONDITIONS ON CERTAIN

22 STOCK.— 

23 ‘‘(I) IN GENERAL.—An amend24 ment under clause (i) may provide 

25 that Settlement Common Stock issued 


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1 to a Native pursuant to the amend2 ment (or stock issued in exchange for 

3 that Settlement Common Stock pursu4 ant to subsection (h)(3) or section 

5 29(c)(3)(D)) shall be subject to 1 or 

6 more of the conditions described in 

7 subclause (II). 

8 ‘‘(II) CONDITIONS.—A condition 

9 referred to in subclause (I) is a condi10 tion that— 

11 ‘‘(aa) the stock described in 

12 that subclause shall be deemed to 

13 be canceled on the death of the 

14 Native to whom the stock is 

15 issued, and no compensation for 

16 the cancellation shall be paid to 

17 the estate of the deceased Native or 

18 any person holding the stock; 

19 ‘‘(bb) the stock shall carry 

20 limited or no voting rights; and 

21 ‘‘(cc) the stock shall not be 

22 transferred by gift under sub23 section (h)(1)(C)(iii).’’. 


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1 SEC. 8. ADMISSIONS POLICY. 

2 (a) IN GENERAL.—To encourage private support to 

3 supplement public efforts to improve the historically low 

4 educational achievement of Native Americans (as defined 

5 in section 736(g) of the Public Health Service Act (42 

6 U.S.C. 293(g))), and in consideration of the trust responsi7 bility of the United States, as identified in section 7202 

8 of the Elementary and Secondary Education Act of 1965 

9 (20 U.S.C. 7512), notwithstanding any other provision of 

10 Federal or State law, it shall be lawful for the private orga11 nization identified in paragraph (16) of that section (20 

12 U.S.C. 7512(16)) to maintain the admissions policy for the 

13 provision of educational programs and services that was 

14 upheld in the decision in case number 04–15044 of the 

15 United States Court of Appeals for the Ninth Circuit (De16 cember 5, 2006). 

17 (b) EFFECTIVE DATE.—This section takes effect on De18 cember 5, 2006. 

19 SEC. 9. INDIAN LAND CONSOLIDATION ACT. 

20 (a) DEFINITIONS.—Section 202 of the Indian Land 

21 Consolidation Act (25 U.S.C. 2201) is amended— 

22 (1) in paragraph (4)— 

23 (A) by inserting ‘‘(i)’’ after ‘‘(4)’’; 

24 (B) by striking ‘‘ ‘trust or restricted interest 

25 in land’ or’’ and inserting the following: 


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1 ‘‘(ii) ‘trust or restricted interest in land’ or’’; 

2 and 

3 (C) in clause (ii) (as designated by sub4 paragraph (B)), by striking ‘‘an interest in land, 

5 title to which’’ and inserting ‘‘an interest in 

6 land, the title to which interest’’; and 

7 (2) by striking paragraph (7) and inserting the 

8 following: 

9 ‘‘(7) the term ‘land’ means any real property;’’. 

10 (b) PARTITION OF HIGHLY FRACTIONATED INDIAN

11 LANDS.—Section 205(c)(2)(D)(i) of the Indian Land Con12 solidation Act (25 U.S.C. 2204(c)(2)(D)(i)) is amended in 

13 the matter following subclause (III) by striking ‘‘by Sec14 retary’’ and inserting ‘‘by the Secretary’’. 

15 (c) DESCENT AND DISTRIBUTION.—Section 207 of the 

16 Indian Land Consolidation Act (25 U.S.C. 2206) is amend17 ed— 

18 (1) in subsection (a)— 

19 (A) in paragraph (2)(D)— 

20 (i) in clause (i), by striking ‘‘clauses 

21 (ii) through (iv)’’ and inserting ‘‘clauses 

22 (ii) through (v)’’; 

23 (ii) in clause (iv)(II), by striking ‘‘de24 cedent’’ and inserting ‘‘descent’’; and 


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1 (iii) by striking clause (v) and insert2 ing the following: 

3 ‘‘(v) EFFECT OF SUBPARAGRAPH.— 

4 Nothing in this subparagraph limits the 

5 right of any person to devise any trust or 

6 restricted interest pursuant to a valid will 

7 in accordance with subsection (b).’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(6) INTESTATE DESCENT OF PERMANENT IM10 PROVEMENTS.— 

11 ‘‘(A) DEFINITION OF COVERED PERMANENT

12 IMPROVEMENT.—In this paragraph, the term 

13 ‘covered permanent improvement’ means a per14 manent improvement (including an interest in 

15 such an improvement) that is— 

16 ‘‘(i) included in the estate of a dece17 dent; and 

18 ‘‘(ii) attached to a parcel of trust or re19 stricted land that is also, in whole or in 

20 part, included in the estate of that decedent. 

21 ‘‘(B) RULE OF DESCENT.—Except as other22 wise provided in a tribal probate code approved 

23 under section 206 or a consolidation agreement 

24 approved under subsection (j)(9), a covered perVerDate Aug 31 2005 04:47 Sep 26, 2008 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H5680.RS H5680

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1 manent improvement in the estate of a decedent 

2 shall— 

3 ‘‘(i) descend to each eligible heir to 

4 whom the trust or restricted interest in land 

5 in the estate descends pursuant to this sub6 section; or 

7 ‘‘(ii) pass to the recipient of the trust 

8 or restricted interest in land in the estate 

9 pursuant to a renunciation under sub10 section (j)(8). 

11 ‘‘(C) APPLICATION AND EFFECT.—The pro12 visions of this paragraph apply to a covered per13 manent improvement— 

14 ‘‘(i) even though that covered perma15 nent improvement is not held in trust; and 

16 ‘‘(ii) without altering or otherwise af17 fecting the non-trust status of such a cov18 ered permanent improvement.’’; 

19 (2) in subsection (b)(2)(B)— 

20 (A) by redesignating clauses (i) through 

21 (iii) as subclauses (I) through (III), respectively, 

22 and indenting the subclauses appropriately; 

23 (B) by striking ‘‘Any interest’’ and insert24 ing the following: 


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1 ‘‘(i) IN GENERAL.—Subject to clauses 

2 (ii) and (iii), any interest’’; 

3 (C) in subclause (III) of clause (i) (as des4 ignated by subparagraphs (A) and (B)), by 

5 striking the semicolon and inserting a period; 

6 (D) by striking ‘‘provided that nothing’’ 

7 and inserting the following: 

8 ‘‘(iii) EFFECT.—Except as provided in 

9 clause (ii), nothing’’; and 

10 (E) by inserting after clause (i) (as des11 ignated by subparagraph (B)) the following: 

12 ‘‘(ii) EXCEPTION.— 

13 ‘‘(I) IN GENERAL.—Notwith14 standing clause (i), in any case in 

15 which a resolution, law, or other duly 

16 adopted enactment of the Indian tribe 

17 with jurisdiction over the land of 

18 which an interest described in clause 

19 (i) is a part requests the Secretary to 

20 apply subparagraph (A)(ii) to devises 

21 of trust or restricted land under the ju22 risdiction of the Indian tribe, the in23 terest may be devised in fee in accord24 ance with subparagraph (A)(ii). 


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1 ‘‘(II) EFFECT.—Subclause (I) 

2 shall apply with respect to a devise of 

3 a trust or restricted interest in land by 

4 any decedent who dies on or after the 

5 date on which the applicable Indian 

6 tribe adopts the resolution, law, or 

7 other enactment described in subclause 

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

9 devise is made. 

10 ‘‘(III) NOTICE OF REQUEST.—An 

11 Indian tribe shall provide to the Sec12 retary a copy of any resolution, law, 

13 or other enactment of the Indian tribe 

14 that requests the Secretary to apply 

15 subparagraph (A)(ii) to devises of trust 

16 or restricted land under the jurisdic17 tion of the Indian tribe.’’; 

18 (3) in subsection (h)(1)— 

19 (A) by striking ‘‘A will’’ and inserting the 

20 following: 

21 ‘‘(A) IN GENERAL.—A will’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(B) PERMANENT IMPROVEMENTS.—Except 

24 as otherwise expressly provided in the will, a de25 vise of a trust or restricted interest in a parcel 


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1 of land shall be presumed to include the interest 

2 of the testator in any permanent improvements 

3 attached to the parcel of land. 

4 ‘‘(C) APPLICATION AND EFFECT.—The pro5 visions of this paragraph apply to a covered per6 manent improvement— 

7 ‘‘(i) even though that covered perma8 nent improvement is not held in trust; and 

9 ‘‘(ii) without altering or otherwise af10 fecting the non-trust status of such a cov11 ered permanent improvement.’’; 

12 (4) in subsection (i)(4)(C), by striking ‘‘interest 

13 land’’ and inserting ‘‘interest in land’’; 

14 (5) in subsection (j)(2)(A)(ii), by striking ‘‘inter15 est land’’ and inserting ‘‘interest in land’’; 

16 (6) in subsection (k), in the matter preceding 

17 paragraph (1), by inserting ‘‘a’’ after ‘‘receiving’’; 

18 and 

19 (7) in subsection (o)— 

20 (A) in paragraph (3)— 

21 (i) by redesignating subparagraphs (A) 

22 and (B) as clauses (i) and (ii) and indent23 ing the clauses appropriately; 


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1 (ii) by striking ‘‘(3)’’ and all that fol2 lows through ‘‘No sale’’ and inserting the 

3 following: 

4 ‘‘(3) REQUEST TO PURCHASE; CONSENT RE5 QUIREMENTS; MULTIPLE REQUESTS TO PURCHASE.— 

6 ‘‘(A) IN GENERAL.—No sale’’; and 

7 (iii) by striking the last sentence and 

8 inserting the following: 

9 ‘‘(B) MULTIPLE REQUESTS TO PUR10 CHASE.—Except for interests purchased pursu11 ant to paragraph (5), if the Secretary receives a 

12 request with respect to an interest from more 

13 than 1 eligible purchaser under paragraph (2), 

14 the Secretary shall sell the interest to the eligible 

15 purchaser that is selected by the applicable heir, 

16 devisee, or surviving spouse.’’; 

17 (B) in paragraph (4)— 

18 (i) in subparagraph (A), by adding 

19 ‘‘and’’ at the end; 

20 (ii) in subparagraph (B), by striking 

21 ‘‘; and’’ and inserting a period; and 

22 (iii) by striking subparagraph (C); 

23 and 

24 (C) in paragraph (5)— 

25 (i) in subparagraph (A)— 


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1 (I) in the matter preceding clause 

2 (i)— 

3 (aa) by inserting ‘‘or sur4 viving spouse’’ after ‘‘heir’’; 

5 (bb) by striking ‘‘paragraph 

6 (3)(B)’’ and inserting ‘‘paragraph 

7 (3)(A)(ii)’’; and 

8 (cc) by striking ‘‘auction 

9 and’’; 

10 (II) in clause (i), by striking 

11 ‘‘and’’ at the end; 

12 (III) in clause (ii)— 

13 (aa) by striking ‘‘auction’’ 

14 and inserting ‘‘sale’’; 

15 (bb) by striking ‘‘the interest 

16 passing to such heir represents’’ 

17 and inserting ‘‘, at the time of 

18 death of the applicable decedent, 

19 the interest of the decedent in the 

20 land represented’’; and 

21 (cc) by striking the period at 

22 the end and inserting ‘‘; and’’; 

23 and 

24 (IV) by adding at the end the fol25 lowing: 


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1 ‘‘(iii)(I) the Secretary is purchasing 

2 the interest under the program authorized 

3 under section 213(a)(1); or 

4 ‘‘(II) after receiving a notice under 

5 paragraph (4)(B), the Indian tribe with ju6 risdiction over the interest is proposing to 

7 purchase the interest from an heir or sur8 viving spouse who is not residing on the 

9 property in accordance with clause (i), and 

10 who is not a member, and is not eligible to 

11 become a member, of that Indian tribe.’’; 

12 and 

13 (ii) in subparagraph (B)— 

14 (I) by inserting ‘‘or surviving 

15 spouse’’ after ‘‘heir’’ each place it ap16 pears; and 

17 (II) by striking ‘‘heir’s interest’’ 

18 and inserting ‘‘interest of the heir or 

19 surviving spouse’’. 

20 (d) CONFORMING AMENDMENT.—Section 213(a)(1) of 

21 the Indian Land Consolidation Act (25 U.S.C. 2212(a)(1)) 

22 is amended by striking ‘‘section 207(p)’’ and inserting ‘‘sec23 tion 207(o)’’. 


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1 (e) OWNER-MANAGED INTERESTS.—Section 221(a) of 

2 the Indian Land Consolidation Act (25 U.S.C. 2220(a)) is 

3 amended by inserting ‘‘owner or’’ before ‘‘co-owners’’. 

4 (f) EFFECTIVE DATES.— 

5 (1) TESTAMENTARY DISPOSITION.—The amend6 ments made by subsection (c)(2) of this section to sec7 tion 207(b) of the Indian Land Consolidation Act (25 

8 U.S.C. 2206(b)) shall not apply to any will executed 

9 before the date that is 1 year after the date of enact10 ment of this Act. 

11 (2) SMALL UNDIVIDED INTERESTS IN INDIAN

12 LANDS.—The amendments made by subsection 

13 (c)(7)(C) of this section to subsection (o)(5) of section 

14 207 of the Indian Land Consolidation Act (25 U.S.C. 

15 2206) shall not apply to or affect any sale of an in16 terest under subsection (o)(5) of that section that was 

17 completed before the date of enactment of this Act. 


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Calendar No. 1082 

110TH CONGRESS 

2D SESSION H. R. 5680 

[Report No. 110–504] 

AN ACT 

To amend certain laws relating to Native 

Americans, and for other purposes. 

SEPTEMBER 25 (legislative day, SEPTEMBER 17), 2008 

Reported with amendments 


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