I 

110TH CONGRESS 

2D SESSION H. R. 5680 

To amend certain laws relating to Native Americans, and for others purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2008 

Mr. GRIJALVA introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To amend certain laws relating to Native Americans, and 

for others 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. Land and interests of the Lac du Flambeau Band of Lake Superior 

Chippewa Indians of Wisconsin. 

Sec. 6. Morongo Tribe Lease Extension. 

Sec. 7. Cow Creek band leasing authority. 

Sec. 8. New Settlement Common Stock issued to descendants, left-outs, and elders. 

Sec. 9. Columbia River Treaty Fishing Access Sites. 

Sec. 10. Miccosukee Tribe of Indians of Florida. 


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1 SEC. 2. COLORADO RIVER INDIAN TRIBES. 

2 From revenues deposited into the Treasury after the 

3 date of the enactment of this Act pursuant to section 3 

4 of the Act of August 7, 1946 (25 U.S.C. 385c) from power 

5 operations on the reservation of the Colorado River Indian 

6 Tribe, the Secretary of the Interior may make an annual 

7 disbursement to the Colorado River Indian Tribes. Funds 

8 disbursed under this section— 

9 (1) shall be used to fund the Office of the Colo10 rado Indian Tribes Reservation Energy Develop11 ment; 

12 (2) shall not affect funds held from any other 

13 irrigation project; 

14 (3) shall not exceed $200,000 annually; and 

15 (4) shall only be disbursed in years that the 

16 revenues deposited exceed the amount required to 

17 carry out the purposes for which they deposited 

18 under section 2 of the Act of August 7, 1946 (25 

19 U.S.C. 385c). 

20 SEC. 3. GILA RIVER INDIAN COMMUNITY CONTRACTS. 

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

22 9, 1955 (25 U.S.C. 415(f)), is amended by striking ‘‘lease, 

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

24 affecting’’. 


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

2 TRIBE OF CHIPPEWA INDIANS OF MICHIGAN. 

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

4 notwithstanding any other provision of law (including reg5 ulations), the Saulte Ste. Marie Tribe of Chippewa Indians 

6 of Michigan (including any agent or instrumentality of the 

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

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

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

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

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

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

13 is intended to authorize the Tribe to transfer, lease, en14 cumber, or otherwise convey, any lands, or any interest 

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

16 for the benefit of the Tribe. 

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

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

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

20 resulting from the term of any transfer, lease, encum21 brance, or conveyance of land made pursuant to this Act 

22 unless the United States or an agent or instrumentality 

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

24 United States would be liable pursuant to any other provi25 sion of law. This subsection shall not apply to land transVerDate Aug 31 2005 23:47 Apr 02, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5680.IH H5680

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1 ferred or conveyed by the Tribe to the United States to 

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

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

4 to have taken effect on January 1, 2005. 

5 SEC. 5. LAND AND INTERESTS OF THE LAC DU FLAMBEAU 

6 BAND OF LAKE SUPERIOR CHIPPEWA INDI7 ANS OF WISCONSIN. 

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

9 notwithstanding any other provision of law (including reg10 ulations), the Lac du Flambeau Band of Lake Superior 

11 Chippewa Indians Wisconsin (including any agent or in12 strumentality of the Tribe) (referred to in this section as 

13 the ‘‘Tribe’’), may transfer, lease, encumber, or otherwise 

14 convey, without further authorization or approval, all or 

15 any part of the Tribe’s interest in any real property that 

16 is not held in trust by the United States for the benefit 

17 of the Tribe. 

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

19 is intended to authorize the Tribe to transfer, lease, en20 cumber, or otherwise convey, any lands, or any interest 

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

22 for the benefit of the Tribe. 

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

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

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


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1 resulting from the term of any transfer, lease, encum2 brance, or conveyance of land made pursuant to this Act 

3 unless the United States or an agent or instrumentality 

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

5 United States would be liable pursuant to any other provi6 sion of law. This subsection shall not apply to land trans7 ferred or conveyed by the Tribe to the United States to 

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

9 SEC. 6. MORONGO TRIBE LEASE EXTENSION. 

10 Subsection (a) of the first section of the Act of Au11 gust 9, 1955 (25 U.S.C. 415(a)) is amended in the second 

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

13 trust for the Morongo Band of Mission Indians which may 

14 be for a term of not to exceed 50 years,’’ before ‘‘and ex15 cept leases of land for grazing purposes which may be for 

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

17 SEC. 7. COW CREEK BAND LEASING AUTHORITY. 

18 (a) AUTHORIZATION FOR 99-YEAR LEASES.—Sub19 section (a) of the first section of the Act of August 9, 

20 1955 (25 U.S.C. 415(a)), is amended in the second sen21 tence by inserting ‘‘and lands held in trust for the Cow 

22 Creek Band of Umpqua true of Indians,’’ after ‘‘lands held 

23 in trust for the Confederated Tribes of the Warm Springs 

24 Reservation of Oregon,’’. 


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

2 subsection (a) shall apply to any lease entered into or re3 newed after the date of the enactment of this Act. 

4 SEC. 8. NEW SETTLEMENT COMMON STOCK ISSUED TO DE5 SCENDANTS, LEFT-OUTS, AND ELDERS. 

6 Section 7 of the Alaska Native Claims Settlement Act 

7 (Public Law Number 92–203, 85 Stat. 691), is amend8 ed— 

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

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

11 ‘‘(iii) The amendment authorized by 

12 clause (i) may provide that Settlement 

13 Common Stock issued to a Native pursu14 ant to such amendment (or stock issued in 

15 exchange for such Settlement Common 

16 Stock pursuant to subsection (h)(3) of this 

17 section or section 1626c(d) of this title) 

18 shall be subject to one or more of the fol19 lowing: 

20 ‘‘(I) Such stock shall be deemed 

21 canceled upon the death of such Na22 tive, and no compensation for this 

23 cancellation shall be paid to the estate 

24 of the deceased Native or to any per25 son holding stock. 


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1 ‘‘(II) Such stock shall carry lim2 ited or no voting rights. 

3 ‘‘(III) Such stock shall not be 

4 transferred by gift as provided in sub5 paragraph (h)(1)(C)(iii).’’; and 

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

7 1606(h)(1)(C)), by striking ‘‘Notwithstanding the 

8 restrictions’’ and inserting ‘‘Expect as otherwise ex9 pressly provided in this chapter and’’. 

10 SEC. 9. COLUMBIA RIVER TREATY FISHING ACCESS SITES. 

11 Section 401 of Public Law 100–581 (102 Stat. 2944; 

12 110 Stat. 766) is amended by adding at the end the fol13 lowing: 

14 ‘‘(h) INVESTMENT OF OPERATION AND MAINTE15 NANCE FUNDS.— 

16 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

17 funds made available for operation and maintenance 

18 under this section may be invested in any interest19 bearing account, bond, security, or other investment 

20 to achieve the highest practicable annual yield in ac21 cordance with prudent investor standards. 

22 ‘‘(2) NONAPPLICABILITY OF PROVISION.—Sec23 tion 111 of division E of the Consolidated Appro24 priations Act, 2005 (25 U.S.C. 450e–3), shall not 


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1 apply to any investment of funds under paragraph 

2 (1).’’. 

3 SEC. 10. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA. 

4 As soon as practicable after the date of the enactment 

5 of this Act , the Secretary of the Interior shall take into 

6 trust for the benefit of the Miccosukee Tribe of Indians 

7 of Florida the land described as Tract A and Tract B, 

8 Kendale Lakes North Section One, according to the Map 

9 or Plat thereof, as recorded in Plat Book 93, Page 1, Pub10 lic Records or Miami-Dade County, Florida. After having 

11 been taken into trust, the land described in this section 

12 shall be part of the reservation of the Miccosukee Tribe 

13 of Indians of Florida. 

Æ 


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