In the House of Representatives, U. S., 

September 29, 2008. 

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: 

1 TITLE I—ALBUQUERQUE INDIAN 

2 SCHOOL ACT 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Albuquerque Indian 

5 School Act’’. 

6 SEC. 102. DEFINITIONS. 

7 In this title: 

8 (1) 19 PUEBLOS.—The term ‘‘19 Pueblos’’ means 

9 the New Mexico Indian Pueblos of— 

10 (A) Acoma; 

11 (B) Cochiti; 

12 (C) Isleta; 

13 (D) Jemez; 

14 (E) Laguna; 
2 

•S 1193 EAH 

1 (F) Nambe; 

2 (G) Ohkay Owingeh (San Juan); 

3 (H) Picuris; 

4 (I) Pojoaque; 

5 (J) San Felipe; 

6 (K) San Ildefonso; 

7 (L) Sandia; 

8 (M) Santa Ana; 

9 (N) Santa Clara; 

10 (O) Santo Domingo; 

11 (P) Taos; 

12 (Q) Tesuque; 

13 (R) Zia; and 

14 (S) Zuni. 

15 (2) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior (or a designee). 

17 (3) SURVEY.—The term ‘‘survey’’ means the sur18 vey plat entitled ‘‘Department of the Interior, Bureau 

19 of Indian Affairs, Southern Pueblos Agency, BIA 

20 Property Survey’’ (prepared by John Paisano, Jr., 

21 Registered Land Surveyor Certificate No. 5708), and 

22 dated March 7, 1977. 

23 SEC. 103. LAND TAKEN INTO TRUST FOR BENEFIT OF 19 

24 PUEBLOS. 

25 (a) ACTION BY SECRETARY.— 
3 

•S 1193 EAH 

1 (1) IN GENERAL.—The Secretary shall take into 

2 trust all right, title, and interest of the United States 

3 in and to the land described in subsection (b) for the 

4 benefit of the 19 Pueblos immediately after the Sec5 retary has confirmed that the National Environ6 mental Policy Act of 1969 has been complied with re7 garding the trust acquisition of these Federal lands. 

8 (2) ADMINISTRATION.—The Secretary shall— 

9 (A) take such action as the Secretary deter10 mines to be necessary to document the transfer 

11 under paragraph (1); and 

12 (B) appropriately assign each applicable 

13 private and municipal utility and service right 

14 or agreement. 

15 (b) DESCRIPTION OF LAND.—The land referred to in 

16 subsection (a)(1) is the 2 tracts of Federal land, the com17 bined acreage of which is approximately 8.4759 acres, that 

18 were historically part of the Albuquerque Indian School, 

19 more particularly described as follows: 

20 (1) EASTERN PART TRACT B.—The approxi21 mately 2.2699 acres located in sec. 7 and sec. 8 of T. 

22 10 N., R. 3 E., of the New Mexico Principal Meridian 

23 in the city of Albuquerque, New Mexico, as identified 

24 on the survey and does not include the Western Part 

25 of Tract B containing 3.6512 acres. 
4 

•S 1193 EAH 

1 (2) NORTHERN PART TRACT D.—The approxi2 mately 6.2060 acres located in sec. 7 and sec. 8 of T. 

3 10 N., R. 3 E., of the New Mexico Principal Meridian 

4 in the city of Albuquerque, New Mexico, as identified 

5 on the survey and does not include the Southern Part 

6 of Tract D containing 6.1775 acres. 

7 (c) SURVEY.—The Secretary shall perform a survey of 

8 the land to be transferred consistent with subsection (b), and 

9 may make minor corrections to the survey and legal de10 scription of the Federal land described in subsection (b) as 

11 the Secretary determines to be necessary to correct clerical, 

12 typographical, and surveying errors. 

13 (d) USE OF LAND.—The land taken into trust under 

14 subsection (a) shall be used for the educational, health, cul15 tural, business, and economic development of the 19 Pueb16 los. 

17 (e) LIMITATIONS AND CONDITIONS.—The land taken 

18 into trust under subsection (a) shall remain subject to any 

19 private or municipal encumbrance, right-of-way, restric20 tion, easement of record, or utility service agreement in ef21 fect on the date of enactment of this Act. 

22 SEC. 104. EFFECT OF OTHER LAWS. 

23 (a) IN GENERAL.—Except as otherwise provided in 

24 this section, land taken into trust under section 103(a) shall 

25 be subject to Federal laws relating to Indian land. 
5 

•S 1193 EAH 

1 (b) GAMING.—No gaming activity (within the mean2 ing of the Indian Gaming Regulatory Act (25 U.S.C. 2701 

3 et seq.)) shall be carried out on land taken into trust under 

4 section 103(a). 

5 TITLE II—NATIVE AMERICAN 

6 TECHNICAL CORRECTIONS 

7 SEC. 201. COLORADO RIVER INDIAN TRIBES. 

8 The Secretary of the Interior may make, subject to 

9 amounts provided in subsequent appropriations Acts, an 

10 annual disbursement to the Colorado River Indian Tribes. 

11 Funds disbursed under this section shall be used to fund 

12 the Office of the Colorado River Indian Tribes Reservation 

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

14 and not to exceed $350,000 annually. 

15 SEC. 202. GILA RIVER INDIAN COMMUNITY CONTRACTS. 

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

17 9, 1955 (25 U.S.C. 415(f)), is amended by striking ‘‘lease, 

18 affecting’’ and inserting ‘‘lease or construction contract, af19 fecting’’. 

20 SEC. 203. LAND AND INTERESTS OF THE SAULT STE. MARIE 

21 TRIBE OF CHIPPEWA INDIANS OF MICHIGAN. 

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

23 notwithstanding any other provision of law (including reg24 ulations), the Sault Ste. Marie Tribe of Chippewa Indians 

25 of Michigan (including any agent or instrumentality of the 
6 

•S 1193 EAH 

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

2 transfer, lease, encumber, or otherwise convey, without fur3 ther authorization or approval, all or any part of the 

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

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

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

7 intended to authorize the Tribe to transfer, lease, encumber, 

8 or otherwise convey, any lands, or any interest in any 

9 lands, that are held in trust by the United States for the 

10 benefit of the Tribe. 

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

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

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

14 resulting from the term of any transfer, lease, encumbrance, 

15 or conveyance of land made pursuant to this Act unless the 

16 United States or an agent or instrumentality of the United 

17 States is a party to the transaction or the United States 

18 would be liable pursuant to any other provision of law. This 

19 subsection shall not apply to land transferred or conveyed 

20 by the Tribe to the United States to be held in trust for 

21 the benefit of the Tribe. 

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

23 to have taken effect on January 1, 2005. 
7 

•S 1193 EAH 

1 SEC. 204. MORONGO BAND OF MISSION INDIANS LEASE EX2 TENSION. 

3 Subsection (a) of the first section of the Act of August 

4 9, 1955 (25 U.S.C. 415(a)) is amended in the second sen5 tence by inserting ‘‘and except leases of land held in trust 

6 for the Morongo Band of Mission Indians which may be 

7 for a term of not to exceed 50 years,’’ before ‘‘and except 

8 leases of land for grazing purposes which may be for a term 

9 of not to exceed ten years’’. 

10 SEC. 205. COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 

11 LEASING AUTHORITY. 

12 (a) AUTHORIZATION FOR 99-YEAR LEASES.—Sub13 section (a) of the first section of the Act of August 9, 1955 

14 (25 U.S.C. 415(a)), is amended in the second sentence by 

15 inserting ‘‘and lands held in trust for the Cow Creek Band 

16 of Umpqua Tribe of Indians,’’ after ‘‘lands held in trust 

17 for the Confederated Tribes of the Warm Springs Reserva18 tion of Oregon,’’. 

19 (b) EFFECTIVE DATE.—The amendment made by sub20 section (a) shall apply to any lease entered into or renewed 

21 after the date of the enactment of this Act. 

22 SEC. 206. NEW SETTLEMENT COMMON STOCK ISSUED TO 

23 DESCENDANTS, LEFT-OUTS, AND ELDERS. 

24 Section 7(g)(1)(B) of the Alaska Native Claims Settle25 ment Act (43 U.S.C. 1606(g)(1)(B)) is amended by striking 

26 clause (iii) and inserting the following: 
8 

•S 1193 EAH 

1 ‘‘(iii) CONDITIONS ON CERTAIN

2 STOCK.— 

3 ‘‘(I) IN GENERAL.—An amend4 ment under clause (i) may provide 

5 that Settlement Common Stock issued 

6 to a Native pursuant to the amend7 ment (or stock issued in exchange for 

8 that Settlement Common Stock pursu9 ant to subsection (h)(3) or section 

10 29(c)(3)(D)) shall be subject to 1 or 

11 more of the conditions described in 

12 subclause (II). 

13 ‘‘(II) CONDITIONS.—A condition 

14 referred to in subclause (I) is a condi15 tion that— 

16 ‘‘(aa) the stock described in 

17 that subclause shall be deemed to 

18 be canceled on the death of the 

19 Native to whom the stock is 

20 issued, and no compensation for 

21 the cancellation shall be paid to 

22 the estate of the deceased Native or 

23 any person holding the stock; 

24 ‘‘(bb) the stock shall carry 

25 limited or no voting rights; and 
9 

•S 1193 EAH 

1 ‘‘(cc) the stock shall not be 

2 transferred by gift under sub3 section (h)(1)(C)(iii).’’. 

4 SEC. 207. INDIAN LAND CONSOLIDATION ACT. 

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

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

7 (1) in paragraph (4)— 

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

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

10 in land’ or’’ and inserting the following: ‘‘(ii) 

11 ‘trust or restricted interest in land’ or’’; and 

12 (C) in clause (ii) (as designated by sub 

13 paragraph (B)), by striking ‘‘an interest in land, 

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

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

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

17 following: ‘‘(7) the term ‘land’ means any real prop18 erty;’’. 

19 (b) PARTITION OF HIGHLY FRACTIONATED INDIAN

20 LANDS.—Section 205(c)(2)(D)(i) of the Indian Land Con21 solidation Act (25 U.S.C. 2204(c)(2)(D)(i)) is amended in 

22 the matter following subclause (III) by striking ‘‘by Sec23 retary’’ and inserting ‘‘by the Secretary’’. 
10 

•S 1193 EAH 

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

2 Indian Land Consolidation Act (25 U.S.C. 2206) is amend3 ed— 

4 (1) in subsection (a)— 

5 (A) in paragraph (2)(D)— 

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

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

8 (ii) through (v)’’; 

9 (ii) in clause (iv)(II), by striking ‘‘de10 cedent’’ and inserting ‘‘descent’’; and 

11 (iii) by striking clause (v) and insert12 ing the following: 

13 ‘‘(v) EFFECT OF SUBPARAGRAPH.— 

14 Nothing in this subparagraph limits the 

15 right of any person to devise any trust or 

16 restricted interest pursuant to a valid will 

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

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

19 ‘‘(2) INTESTATE DESCENT OF PERMANENT IM20 PROVEMENTS.— 

21 ‘‘(A) DEFINITION OF COVERED PERMANENT

22 IMPROVEMENT.—In this paragraph, the term 

23 ‘covered permanent improvement’ means a per24 manent improvement (including an interest in 

25 such an improvement) that is— 
11 

•S 1193 EAH 

1 ‘‘(i) included in the estate of a dece2 dent; and 

3 ‘‘(ii) attached to a parcel of trust or re4 stricted land that is also, in whole or in 

5 part, included in the estate of that decedent. 

6 ‘‘(B) RULE OF DESCENT.—Except as other7 wise provided in a tribal probate code approved 

8 under section 206 or a consolidation agreement 

9 approved under subsection (j)(9), a covered per10 manent improvement in the estate of a decedent 

11 shall— 

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

13 whom the trust or restricted interest in land 

14 in the estate descends pursuant to this sub15 section; or 

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

17 or restricted interest in land in the estate 

18 pursuant to a renunciation under sub19 section (j)(8). 

20 ‘‘(C) APPLICATION AND EFFECT.—The pro21 visions of this paragraph apply to a covered per22 manent improvement— 

23 ‘‘(i) even though that covered perma24 nent improvement is not held in trust; and 
12 

•S 1193 EAH 

1 ‘‘(ii) without altering or otherwise af2 fecting the non-trust status of such a cov3 ered permanent improvement.’ ’’’; 

4 (2) in subsection (b)(2)(B)— 

5 (A) by redesignating clauses (i) through 

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

7 and indenting the subclauses appropriately; 

8 (B) by striking ‘‘Any interest’’ and insert9 ing the following: 

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

11 (ii) and (iii), any interest’’;’’; 

12 (C) in subclause (III) of clause (i) (as des13 ignated by subparagraphs (A) and (B)), by 

14 striking the semicolon and inserting a period; 

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

16 and inserting the following: 

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

18 clause (ii), nothing; and’’. 

19 (E) by inserting after clause (i) (as des20 ignated by subparagraph (B)) the following: 

21 ‘‘(ii) EXCEPTION.— 

22 ‘‘(I) IN GENERAL.—Notwith23 standing clause (i), in any case in 

24 which a resolution, law, or other duly 

25 adopted enactment of the Indian tribe 
13 

•S 1193 EAH 

1 with jurisdiction over the land of 

2 which an interest described in clause 

3 (i) is a part requests the Secretary to 

4 apply subparagraph (A)(ii) to devises 

5 of trust or restricted land under the ju6 risdiction of the Indian tribe, the in7 terest may be devised in fee in accord8 ance with subparagraph (A)(ii). 

9 ‘‘(II) EFFECT.—Subclause (I) 

10 shall apply with respect to a devise of 

11 a trust or restricted interest in land by 

12 any decedent who dies on or after the 

13 date on which the applicable Indian 

14 tribe adopts the resolution, law, or 

15 other enactment described in subclause 

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

17 devise is made. 

18 ‘‘(III) NOTICE OF REQUEST.—An 

19 Indian tribe shall provide to the Sec20 retary a copy of any resolution, law, 

21 or other enactment of the Indian tribe 

22 that requests the Secretary to apply 

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

24 or restricted land under the jurisdic25 tion of the Indian tribe.’’; 
14 

•S 1193 EAH 

1 (3) in subsection (h)(1)— 

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

3 following: 

4 ‘‘(A) IN GENERAL.—A will’’; and 

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

6 ‘‘(B) PERMANENT IMPROVEMENTS.—Except 

7 as otherwise expressly provided in the will, a de8 vise of a trust or restricted interest in a parcel 

9 of land shall be presumed to include the interest 

10 of the testator in any permanent improvements 

11 attached to the parcel of land. 

12 ‘‘(C) APPLICATION AND EFFECT.—The pro13 visions of this paragraph apply to a covered per14 manent improvement— 

15 ‘‘(i) even though that covered perma16 nent improvement is not held in trust; and 

17 ‘‘(ii) without altering or otherwise af18 fecting the non-trust status of such a cov19 ered permanent improvement.’’; 

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

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

22 (5) in subsection (j)(2)(A)(ii), by striking ‘‘inter23 est land’’ and inserting ‘‘interest in land’’; 
15 

•S 1193 EAH 

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

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

3 and 

4 (7) in subsection (o)— 

5 (A) in paragraph (3)— 

6 (i) by redesignating subparagraphs (A) 

7 and (B) as clauses (i) and (ii) and indent8 ing the clauses appropriately; 

9 (ii) by striking ‘‘(3)’’ and all that fol10 lows through ‘‘No sale’’ and inserting the 

11 following: 

12 ‘‘(3) REQUEST TO PURCHASE; CONSENT RE13 QUIREMENTS; MULTIPLE REQUESTS TO PURCHASE.— 

14 ‘‘(A) IN GENERAL.—No sale’’; 

15 (iii) by striking the last sentence and 

16 inserting the following: 

17 ‘‘(B) MULTIPLE REQUESTS TO PUR18 CHASE.—Except for interests purchased pursu19 ant to paragraph (5), if the Secretary receives a 

20 request with respect to an interest from more 

21 than 1 eligible purchaser under paragraph (2), 

22 the Secretary shall sell the interest to the eligible 

23 purchaser that is selected by the applicable heir, 

24 devisee, or surviving spouse.’’; 

25 (B) in paragraph (4)— 
16 

•S 1193 EAH 

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

2 ‘‘and’’ at the end; 

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

4 ‘‘; and’’ and inserting a period; and 

5 (iii) by striking subparagraph (C); 

6 and 

7 (C) in paragraph (5)— 

8 (i) in subparagraph (A)— 

9 (I) in the matter preceding clause 

10 (i)— 

11 (aa) by inserting ‘‘or sur12 viving spouse’’ after ‘‘heir’’; 

13 (bb) by striking ‘‘paragraph 

14 (3)(B)’’ and inserting ‘‘paragraph 

15 (3)(A)(ii)’’; and 

16 (cc) by striking ‘‘auction 

17 and’’; 

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

19 ‘‘and’’ at the end; 

20 (III) in clause (ii)— 

21 (aa) by striking ‘‘auction’’ 

22 and inserting ‘‘sale’’; 

23 (bb) by striking ‘‘the interest 

24 passing to such heir represents’’ 

25 and inserting ‘‘, at the time of 
17 

•S 1193 EAH 

1 death of the applicable decedent, 

2 the interest of the decedent in the 

3 land represented’’; and 

4 (cc) by striking the period at 

5 the end and inserting ‘‘; and’’; 

6 (IV) by adding at the end the fol7 lowing: 

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

9 the interest under the program authorized 

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

11 ‘‘(II) after receiving a notice under 

12 paragraph (4)(B), the Indian tribe with ju13 risdiction over the interest is proposing to 

14 purchase the interest from an heir or sur15 viving spouse who is not residing on the 

16 property in accordance with clause (i), and 

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

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

19 and 

20 (ii) in subparagraph (B)— 

21 (I) by inserting ‘‘or surviving 

22 spouse’’ after ‘‘heir’’ each place it ap23 pears; and 
18 

•S 1193 EAH 

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

2 and inserting ‘‘interest of the heir or 

3 surviving spouse’’. 

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

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

6 is amended by striking ‘‘section 207(p)’’ and inserting ‘‘sec7 tion 207(o)’’. 

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

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

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

11 (f) EFFECTIVE DATES.— 

12 (1) TESTAMENTARY DISPOSITION.—The amend13 ments made by subsection (c)(2) of this section to sec14 tion 207(b) of the Indian Land Consolidation Act (25 

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

16 before the date that is 1 year after the date of enact17 ment of this Act. 

18 (2) SMALL UNDIVIDED INTERESTS IN INDIAN

19 LANDS.—The amendments made by subsection 

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

21 207 of the Indian Land Consolidation Act (25 U.S.C. 

22 2206) shall not apply to or affect any sale of an in23 terest under subsection (o)(5) of that section that was 

24 completed before the date of enactment of this Act. 
19 

•S 1193 EAH 

1 TITLE III—REAUTHORIZATION 

2 OF MEMORIAL TO MARTIN LU3 THER KING, JR. 

4 SEC. 301. REAUTHORIZATION. 

5 Section 508(b)(2) of the Omnibus Parks and Public 

6 Lands Management Act of 1996 (40 U.S.C. 8903 note; 110 

7 Stat. 4157, 114 Stat. 26, 117 Stat. 1347, 119 Stat. 527) 

8 is amended by striking ‘‘November 12, 2008’’ and inserting 

9 ‘‘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.’’. 

Attest: 

Clerk. 
110TH CONGRESS 

2D SESSION S. 1193 

AMENDMENTS