II 

108TH CONGRESS 

2D SESSION S. 2843 

To make technical corrections to laws relating to Native Americans, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 23, 2004 

Mr. CAMPBELL introduced the following bill; which was read twice and 

referred to the Committee on Indian Affairs 

A BILL 

To make technical corrections to 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Native American Tech5 nical Corrections Act of 2004’’. 

6 SEC. 2. DEFINITION OF SECRETARY. 

7 In this Act, the term ‘‘Secretary’’ means the Sec8 retary of the Interior. 
2 

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1 SEC. 3. INDIAN ARTS AND CRAFTS ACT AMENDMENTS. 

2 (a) POWERS OF THE INDIAN ARTS AND CRAFTS

3 BOARD.—Section 2 of the Act of August 27, 1935 (25 

4 U.S.C. 305a), is amended by inserting before the period 

5 at the end the following: ‘‘; (j) to investigate violations 

6 of this Act; (k) to enforce this Act through the imposition 

7 of penalties for violations under section 6; (l) to request 

8 the Secretary of the Interior, with advice of the Solicitor, 

9 to enforce this Act through injunctive relief; (m) notwith10 standing any other provision of law, to enter into reim11 bursable support agreements with Federal, State, tribal, 

12 regional, and local investigative or law enforcement enti13 ties in furtherance of the purposes and provisions of this 

14 Act’’. 

15 (b) APPROPRIATIONS.—Section 4 of the Act of Au16 gust 27, 1935 (25 U.S.C. 305c), is amended to read as 

17 follows: 

18 ‘‘SEC. 4. APPROPRIATIONS. 

19 ‘‘(a) IN GENERAL.—There are authorized to be ap20 propriated such sums as are necessary to pay the expenses 

21 of the Board and carry out this Act. 

22 ‘‘(b) FUND.—All income received by the Board from 

23 any source shall be deposited in a special fund, which shall 

24 be available to be expended by the Board, without further 

25 appropriation, to carry out this Act. 
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1 ‘‘(c) USE OF AMOUNTS.—Amounts received by the 

2 Board resulting from any civil action or enforcement ac3 tion brought under this Act may be used by the Board 

4 consistent with this Act, as necessary for the accomplish5 ment for the purposes of this Act.’’. 

6 (c) REFERRAL FOR CRIMINAL AND CIVIL VIOLA7 TIONS; COMPLAINTS; RECOMMENDATIONS.—Section 5 of 

8 the Act of August 27, 1935 (25 U.S.C. 305d), is amended 

9 to read as follows: 

10 ‘‘SEC. 5. REFERRAL FOR CRIMINAL AND CIVIL PRO11 CEEDINGS. 

12 ‘‘(a) CRIMINAL PROCEEDINGS.— 

13 ‘‘(1) INVESTIGATION.—The Board shall inves14 tigate violations of section 1159 of title 18, United 

15 States Code. 

16 ‘‘(2) ACTION BY THE BOARD.—After an inves17 tigation is complete, or at any time during an inves18 tigation, the Board may— 

19 ‘‘(A) refer the matter to the Attorney Gen20 eral for additional investigation; and 

21 ‘‘(B) recommend to the Attorney General 

22 that criminal proceedings be brought under sec23 tion 1159 of title 18, United States Code. 

24 ‘‘(b) CIVIL PROCEEDINGS.— 
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1 ‘‘(1) INVESTIGATIONS.—The Board shall inves2 tigate violations of section 6. 

3 ‘‘(2) ACTION BY THE BOARD.—After an inves4 tigation is complete, or at any time during an inves5 tigation, the Board may— 

6 ‘‘(A) levy penalties in accordance with sec7 tion 6; or 

8 ‘‘(B) refer the matter to the Attorney Gen9 eral for civil action under section 6. 

10 ‘‘(c) MANDATORY INVESTIGATIONS.—The Board 

11 shall receive and investigate all complaints of violations 

12 of section 1159 of title 18, United States Code, and sec13 tion 6.’’. 

14 (d) CAUSE OF ACTION FOR MISREPRESENTATION OF

15 INDIAN-PRODUCED GOODS.—Section 6 of the Act of Au16 gust 27, 1935 (25 U.S.C. 305e), is amended to read as 

17 follows: 

18 ‘‘SEC. 6. CAUSE OF ACTION FOR MISREPRESENTATION OF 

19 INDIAN-PRODUCED GOODS. 

20 ‘‘(a) DEFINITIONS.—In this section: 

21 ‘‘(1) INDIAN.—The term ‘Indian’ means— 

22 ‘‘(A) an individual who is a member of an 

23 Indian tribe; and 
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1 ‘‘(B) an individual who, for the purposes of 

2 this section, is certified as an Indian artisan by 

3 an Indian tribe. 

4 ‘‘(2) INDIAN PRODUCT.—Subject to subsection 

5 (g), the term ‘Indian product’ has the meaning given 

6 the term in regulations that may be promulgated by 

7 the Secretary. 

8 ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ 

9 means— 

10 ‘‘(A) an Indian tribe, band, nation, Alaska 

11 native village, or other organized group or com12 munity that is recognized as eligible for the spe13 cial programs and services provided by the 

14 United States to Indians because of their status 

15 as Indians; and 

16 ‘‘(B) an Indian group that has been for17 mally recognized as an Indian tribe by a State 

18 legislature or by a State commission or similar 

19 organization legislatively vested with State trib20 al recognition authority. 

21 ‘‘(4) PRODUCT OF A PARTICULAR INDIAN TRIBE

22 OR INDIAN ARTS AND CRAFTS ORGANIZATION.—Sub23 ject to subsection (g), the term ‘product of a par24 ticular Indian tribe or Indian arts and crafts organi-
6 

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1 zation’ has the meaning given the term in regula2 tions that may be promulgated by the Secretary. 

3 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

4 the Secretary of the Interior. 

5 ‘‘(b) IMPOSITION OF PENALTIES BY THE BOARD.— 

6 ‘‘(1) IN GENERAL.—The Board may impose a 

7 civil penalty against a person that, directly or indi8 rectly, offers or displays for sale or sells a good, with 

9 or without a Government trademark, in a manner 

10 that falsely suggests that the good is Indian-pro11 duced, an Indian product, or the product of a par12 ticular Indian or Indian tribe or Indian arts and 

13 crafts organization resident within the United 

14 States. 

15 ‘‘(2) AMOUNT.—A civil penalty under para16 graph (1) shall not exceed 100 percent of the price 

17 of the goods offered or displayed for sale in violation 

18 of the Act, not to exceed $500,000 per person, per 

19 violation. 

20 ‘‘(3) FACTORS AFFECTING PENALTY

21 AMOUNT.—In determining the amount of a civil pen22 alty to be imposed, the Board shall consider— 

23 ‘‘(A) the severity of the violation; 

24 ‘‘(B) any history of prior violations; and 
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1 ‘‘(C) whether the amount of the civil pen2 alty will be likely to deter future violations. 

3 ‘‘(4) INJUNCTIVE RELIEF.—If the Board deter4 mines that enforcement of this Act under this sec5 tion will be insufficient to avoid irreparable harm, 

6 the Board, with the concurrence of the Solicitor of 

7 the Department of the Interior, may request the 

8 Secretary to seek injunctive relief in accordance with 

9 section 2 in a court of competent jurisdiction. 

10 ‘‘(5) NOTICE AND APPEAL OF BOARD DETER11 MINATION.— 

12 ‘‘(A) NOTICE.— 

13 ‘‘(i) IN GENERAL.—If, as a result of 

14 an investigation conducted by the Board, it 

15 is determined that a violation of this Act 

16 has occurred, the Board may, at any time 

17 during the investigation, notify the person 

18 under investigation regarding the nature of 

19 the alleged violation. 

20 ‘‘(ii) CONTENT.—A notice under 

21 clause (i) shall include, at a minimum— 

22 ‘‘(I) a detailed description of the 

23 violation; 

24 ‘‘(II) possible remedies, if appro25 priate; 
8 

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1 ‘‘(III) opportunity to cure, if ap2 propriate; and 

3 ‘‘(IV) any other information that 

4 the Board considers necessary. 

5 ‘‘(B) APPEAL.—Any person determined to 

6 be in violation of this Act under this subsection 

7 may appeal the Board’s findings and imposition 

8 of civil penalties to the Office of Hearings and 

9 Appeals of the Department of the Interior in 

10 accordance with part 4 of title 43, Code of Fed11 eral Regulations (or any successor regulation). 

12 ‘‘(c) INJUNCTIVE OR EQUITABLE RELIEF; DAM13 AGES.— 

14 ‘‘(1) IN GENERAL.—A person specified in sub15 section (e) may, in a civil action in a court of com16 petent jurisdiction, bring an action against a person 

17 that, directly or indirectly, offers or displays for sale 

18 or sells a good, with or without a government trade19 mark, in a manner that falsely suggests that the 

20 good is Indian-produced, an Indian product, or the 

21 product of a particular Indian or Indian tribe or In22 dian arts and crafts organization resident within the 

23 United States, to— 

24 ‘‘(A) obtain injunctive or other equitable 

25 relief; and 
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1 ‘‘(B) recover the greater of— 

2 ‘‘(i) treble damages; or 

3 ‘‘(ii) in the case of each aggrieved in4 dividual Indian, Indian tribe, or Indian 

5 arts and crafts organization, not less than 

6 $1,000 for each day on which the offer or 

7 display for sale or sale continues. 

8 ‘‘(2) DAMAGES.—For purposes of paragraph 

9 (1)(B)(i), damages include all gross profits realized 

10 by the defendant as a result of the activities found 

11 in violation of this subsection. 

12 ‘‘(d) PUNITIVE DAMAGES; ATTORNEY’S FEE.—In ad13 dition to the relief specified in subsection (c), the court 

14 may award punitive damages, and costs of the civil action, 

15 and a reasonable attorney’s fee. 

16 ‘‘(e) PERSONS WHO MAY INITIATE CIVIL AC17 TIONS.— 

18 ‘‘(1) IN GENERAL.—A civil action under sub19 section (b) may be brought— 

20 ‘‘(A) by the Attorney General, on request 

21 of the Secretary on behalf of— 

22 ‘‘(i) an Indian tribe; 

23 ‘‘(ii) an Indian; or 

24 ‘‘(iii) an Indian arts and crafts orga25 nization; 
10 

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1 ‘‘(B) by an Indian tribe on behalf of itself, 

2 an Indian, or an Indian arts and crafts organi3 zation; 

4 ‘‘(C) by an Indian; or 

5 ‘‘(D) by an Indian arts and crafts organi6 zation. 

7 ‘‘(2) DISPOSITION OF AMOUNTS RECOVERED.— 

8 Any amount recovered under this section shall be 

9 paid to the Indian tribe, Indian, or Indian arts and 

10 crafts organization, except that— 

11 ‘‘(A) in the case of a civil action under 

12 paragraph (1)(A), the Attorney General may 

13 deduct from the amount recovered— 

14 ‘‘(i) the amount for the costs of the 

15 civil action and reasonable attorney’s fee 

16 awarded pursuant to subsection (d), to be 

17 deposited in the Treasury of the United 

18 States and credited to appropriations cur19 rently available to the Attorney General at 

20 the time of receipt of the amount; and 

21 ‘‘(ii) the amount for the costs of in22 vestigation awarded pursuant to subsection 

23 (d), to be used to reimburse the Board the 

24 amount of such costs incurred as a direct 

25 result of Board activities in the civil action; 
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1 ‘‘(B) in the case of a civil action under 

2 paragraph (1)(B), the amount recovered for the 

3 costs of the civil action and reasonable attor4 ney’s fee pursuant to subsection (d) may be de5 ducted. 

6 ‘‘(f) SEVERABILITY.—If any provision of this section 

7 is held invalid, it is the intent of Congress that the remain8 ing provisions of this section shall continue in full force 

9 and effect. 

10 ‘‘(g) REGULATIONS.—Not later than 180 days after 

11 the date of enactment of this subsection, the Board shall 

12 promulgate regulations to include in the definition of the 

13 term ‘Indian product’ specific examples of each such prod14 uct to provide guidance to Indian artisans and to pur15 veyors and consumers of Indian arts and crafts.’’. 

16 SEC. 4. INDIAN FINANCING ACT AMENDMENTS. 

17 (a) SALE OR ASSIGNMENT OF LOANS AND UNDER18 LYING SECURITY.—Section 205 of the Indian Financing 

19 Act of 1974 (25 U.S.C. 1485) is amended— 

20 (1) by striking ‘‘SEC. 205.’’ and all that follows 

21 through subsection (b) and inserting the following: 
12 

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1 ‘‘SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDER2 LYING SECURITY. 

3 ‘‘(a) IN GENERAL.—All or any portion of a loan 

4 guaranteed or insured under this title, including the secu5 rity given for the loan— 

6 ‘‘(1) may be transferred by the lender by sale 

7 or assignment to any person; and 

8 ‘‘(2) may be retransferred by the transferee. 

9 ‘‘(b) TRANSFERS OF LOANS.—With respect to a 

10 transfer described in subsection (a)— 

11 ‘‘(1) the transfer shall be consistent with such 

12 regulations as the Secretary shall promulgate under 

13 subsection (h); and 

14 ‘‘(2) the transferee shall give notice of the 

15 transfer to the Secretary.’’; 

16 (2) by striking subsection (c); 

17 (3) by redesignating subsections (d), (e), (f), 

18 (g), (h), and (i) as subsections (c), (d), (e), (f), (g), 

19 and (h), respectively; 

20 (4) in subsection (c) (as redesignated by para21 graph (3))— 

22 (A) by striking ‘‘VALIDITY.—’’ and all that 

23 follows through ‘‘subparagraph (B),’’ and in24 serting ‘‘VALIDITY.—Except as provided by reg25 ulations in effect on the date on which a loan 

26 is made,’’; and 
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1 (B) by striking ‘‘incontestable’’ and all 

2 that follows and inserting ‘‘incontestable.’’; 

3 (5) in subsection (e) (as redesignated by para4 graph (3))— 

5 (A) by striking ‘‘The Secretary’’ and in6 serting the following: 

7 ‘‘(1) IN GENERAL.—The Secretary’’; and 

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

9 ‘‘(2) COMPENSATION OF FISCAL TRANSFER

10 AGENT.—A fiscal transfer agent designated under 

11 subsection (f) may be compensated through any of 

12 the fees assessed under this section and any interest 

13 earned on any funds or fees collected by the fiscal 

14 transfer agent while the funds or fees are in the con15 trol of the fiscal transfer agent and before the time 

16 at which the fiscal transfer agent is contractually re17 quired to transfer such funds to the Secretary or to 

18 transferees or other holders.’’; and 

19 (6) in subsection (f) (as redesignated by para20 graph (3))— 

21 (A) by striking ‘‘subsection (i)’’ and insert22 ing ‘‘subsection (h)’’; and 

23 (B) in paragraph (2)(B), by striking ‘‘, 

24 and issuance of acknowledgments,’’. 
14 

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1 SEC. 5. INDIAN PUEBLO LAND ACT AMENDMENTS. 

2 (a) IN GENERAL.—The Act of June 7, 1924 (43 Stat. 

3 636, chapter 331), is amended by adding at the end the 

4 following: 

5 ‘‘SEC. 20. CRIMINAL JURISDICTION. 

6 ‘‘(a) IN GENERAL.—Except as otherwise provided by 

7 Congress, jurisdiction over offenses committed anywhere 

8 within the exterior boundaries of any grant from a prior 

9 sovereign, as confirmed by Congress or the Court of Pri10 vate land Claims to a Pueblo Indian tribe of new Mexico, 

11 shall be as provided in this section. 

12 ‘‘(b) JURISDICTION OF THE PUEBLO.—The Pueblo 

13 has jurisdiction, as an act of the Pueblos’ inherent power 

14 as an Indian tribe, over any offense committed by a mem15 ber of the Pueblo or of another federally recognized Indian 

16 tribe, or by any other Indian-owned entity. 

17 ‘‘(c) JURISDICTION OF THE UNITED STATES.—The 

18 United States has jurisdiction over any offense described 

19 in chapter 53 of title 18, United States Code, committed 

20 by or against a member of any federally recognized Indian 

21 tribe or any Indian-owned entity, or that involves any In22 dian property or interest. 

23 ‘‘(d) JURISDICTION OF THE STATE OF NEW MEX24 ICO.—The State of New Mexico shall have jurisdiction 

25 over any offense committed by a person who is not a mem-
15 

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1 ber of a federally recognized Indian tribe, which offense 

2 is not subject to the jurisdiction of the United States.’’. 

3 SEC. 6. INDIAN REORGANIZATION ACT CORPORATION 

4 AMENDMENT. 

5 Section 17 of the Act of June 18, 1936 (25 U.S.C. 

6 477) (commonly known as the ‘‘Indian Reorganization 

7 Act’’) is amended in the second sentence by striking ‘‘with 

8 law’’ and all that follows through ‘‘twenty-five’’ and insert9 ing ‘‘with law, and not for purposes of conducting gaming 

10 (within the meaning of section 4 of the Indian Gaming 

11 Regulatory Act (25 U.S.C. 2703)), but no authority shall 

12 be granted to sell or mortgage or to lease for a period 

13 exceeding 99’’. 

14 SEC. 7. PRAIRIE ISLAND LAND CONVEYANCE. 

15 (a) IN GENERAL.—The Secretary of the Army shall 

16 convey all right, title, and interest of the United States 

17 in and to the land described in subsection (b), including 

18 all improvements, cultural resources, and sites on the land, 

19 subject to the flowage and sloughing easement described 

20 in subsection (d) and to the conditions stated in subsection 

21 (f), to the Secretary, to be— 

22 (1) held in trust by the United States for the 

23 benefit of the Prairie Island Indian Community in 

24 Minnesota; and 
16 

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1 (2) included in the Prairie Island Indian Com2 munity Reservation in Goodhue County, Minnesota. 

3 (b) LAND DESCRIPTION.—The land to be conveyed 

4 under subsection (a) is the approximately 1290 acres of 

5 land associated with the Lock and Dam #3 on the Mis6 sissippi River in Goodhue County, Minnesota, located in 

7 tracts identified as GO–251, GO–252, GO–271, GO–277, 

8 GO–278, GO–284, GO–301 through GO–313, GO–314A, 

9 GO–314B, GO–329, GO–330A, GO–330B, GO–331A, 

10 GO–331B, GO–331C, GO–332, GO–333, GO–334, GO– 

11 335A, GO–335B, GO–336 through GO–338, GO–339A, 

12 GO–339B, GO–339C, GO–339D, GO–339E, GO–340A, 

13 GO–340B, GO–358, GO–359A, GO–359B, GO–359C, 

14 GO–359D, and GO–360, as depicted on the map entitled 

15 ‘‘United States Army Corps of Engineers survey map of 

16 the Upper Mississippi River 9-Foot Project, Lock & Dam 

17 No. 3 (Red Wing), Land & Flowage Rights’’ and dated 

18 December 1936. 

19 (c) BOUNDARY SURVEY.—Not later than 5 years 

20 after the date of conveyance under subsection (a), the 

21 boundaries of the land conveyed shall be surveyed as pro22 vided in section 2115 of the Revised Statutes (25 U.S.C. 

23 176). 

24 (d) EASEMENT.— 
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1 (1) IN GENERAL.—The Corps of Engineers 

2 shall retain a flowage and sloughing easement for 

3 the purpose of navigation and purposes relating to 

4 the Lock and Dam No. 3 project over the portion of 

5 the land described in subsection (b) that lies below 

6 the elevation of 676.0. 

7 (2) INCLUSIONS.—The easement retained under 

8 paragraph (1) includes— 

9 (A) the perpetual right to overflow, flood, 

10 and submerge property as the District Engineer 

11 determines to be necessary in connection with 

12 the operation and maintenance of the Mis13 sissippi River Navigation Project; and 

14 (B) the continuing right to clear and re15 move any brush, debris, or natural obstructions 

16 that, in the opinion of the District Engineer, 

17 may be detrimental to the project. 

18 (e) OWNERSHIP OF STURGEON LAKE BED UNAF19 FECTED.—Nothing in this section diminishes or otherwise 

20 affects the title of the State of Minnesota to the bed of 

21 Sturgeon Lake located within the tracts of land described 

22 in subsection (b). 

23 (f) CONDITIONS.—The conveyance under subsection 

24 (a) is subject to the conditions that the Prairie Island In25 dian Community shall not— 
18 

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1 (1) use the conveyed land for human habitation; 

2 (2) construct any structure on the land without 

3 the written approval of the District Engineer; or 

4 (3) conduct gaming (within the meaning of sec5 tion 4 of the Indian Gaming Regulatory Act (25 

6 U.S.C. 2703)) on the land. 

7 (g) NO EFFECT ON ELIGIBILITY FOR CERTAIN

8 PROJECTS.—Notwithstanding the conveyance under sub9 section (a), the land shall continue to be eligible for envi10 ronmental management planning and other recreational or 

11 natural resource development projects on the same basis 

12 as before the conveyance. 

13 (h) EFFECT OF SECTION.—Nothing in this section 

14 diminishes or otherwise affects the rights granted to the 

15 United States pursuant to letters of July 23, 1937, and 

16 November 20, 1937, from the Secretary to the Secretary 

17 of War and the letters of the Secretary of War in response 

18 to the Secretary dated August 18, 1937, and November 

19 27, 1937, under which the Secretary granted certain 

20 rights to the Corps of Engineers to overflow the portions 

21 of Tracts A, B, and C that lie within the Mississippi River 

22 9-Foot Channel Project boundary and as more particu23 larly shown and depicted on the map entitled ‘‘United 

24 States Army Corps of Engineers survey map of the Upper 

25 Mississippi River 9-Foot Project, Lock & Dam No. 3 (Red 
19 

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1 Wing), Land & Flowage Rights’’ and dated December 

2 1936. 

3 SEC. 8. GILA RIVER INDIAN COMMUNITY MANDATORY 

4 BINDING ARBITRATION. 

5 (a) AMENDMENTS.—Subsection (f) of the first sec6 tion of the Act of August 9, 1955 (25 U.S.C. 415(f)), is 

7 amended— 

8 (1) in the first sentence— 

9 (A) by striking ‘‘Any lease’’ and all that 

10 follows through ‘‘affecting land’’ and inserting 

11 ‘‘Any contract, including a lease, affecting 

12 land’’; and 

13 (B) in the second sentence, by striking 

14 ‘‘such leases or contracts entered into pursuant 

15 to such Acts’’ and inserting ‘‘Such contracts’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) shall take effect as if included in the Act 

18 of August 9, 1955 (69 Stat. 539, chapter 615) and Public 

19 107–159 (116 Stat. 122). 

20 SEC. 9. ALASKA NATIVE CLAIMS SETTLEMENT ACT VOTING 

21 STANDARDS AMENDMENT. 

22 (a) IN GENERAL.—Subsection (d)(3) of section 36 of 

23 the Alaska Native Claims Settlement Act (43 U.S.C. 

24 1629b) (as amended by subsection (b)) is amended— 
20 

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1 (1) by inserting after ‘‘of this section’’ the fol2 lowing: ‘‘or an amendment to the articles of incorpo3 ration described in section 7(g)(1)(B)’’; and 

4 (2) by inserting ‘‘or amendment’’ after ‘‘meet5 ing relating to such resolution’’ each place it ap6 pears. 

7 (b) TECHNICAL CORRECTIONS.— 

8 (1)(A) Section 337(a) of the Department of the 

9 Interior and Related Agencies Appropriations Act, 

10 2003 (Division F of Public Law 108–7; 117 Stat. 

11 278; February 20, 2003) is amended— 

12 (i) in the matter preceding paragraph (1), 

13 by striking ‘‘Section 1629b of title 43, United 

14 States Code,’’ and inserting ‘‘Section 36 of the 

15 Alaska Native Claims Settlement Act (43 

16 U.S.C. 1629b)’’; and 

17 (ii) in paragraph (2), by striking ‘‘by cre18 ating the following new subsection:’’ and insert19 ing ‘‘in subsection (d), by adding at the end the 

20 following:’’. 

21 (B) Section 36 of the Alaska Native Claims 

22 Settlement Act (43 U.S.C. 1629b) is amended— 

23 (i) in subsection (d)(3), by striking ‘‘(d)’’; 

24 and 
21 

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1 (ii) in subsection (f), by striking ‘‘section 

2 1629e of this title’’ and inserting ‘‘section 39’’. 

3 (2)(A) Section 337(b) of the Department of the 

4 Interior and Related Agencies Appropriations Act, 

5 2003 (Division F of Public Law 108–7; 117 Stat. 

6 278; February 20, 2003) is amended by striking 

7 ‘‘Section 1629e(a)(3) of title 43, United States 

8 Code,’’ and inserting ‘‘Section 39(a)(3) of the Alas9 ka Native Claims Settlement Act (43 U.S.C. 

10 1629e(a)(3))’’. 

11 (B) Section 39(a)(3)(B)(ii) of the Alaska Na12 tive Claims Settlement Act (43 U.S.C. 

13 1629e(a)(3)(B)(ii)) is amended by striking ‘‘(a)(4) 

14 of section 1629b of this title’’ and inserting ‘‘section 

15 36(a)(4)’’. 

16 (3) The amendments made by this subsection 

17 take effect on February 20, 2003. 

18 SEC. 10. BEAVER AIRPORT LAND AMENDMENT. 

19 (a) IN GENERAL.—The Secretary shall execute such 

20 instruments as are necessary to release the condition on 

21 a portion of land situated adjacent to the community of 

22 Beaver, Alaska, conveyed pursuant to Patent No. 50–69– 

23 0130 and dated August 23, 1968, that the land revert to 

24 the United States if the land is not used for airport pur25 poses. 
22 

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1 (b) TRACTS.—The release of the condition provided 

2 for in subsection (a)— 

3 (1) shall apply to approximately 33 acres of 

4 land identified as tracts II through VI of the Beaver 

5 Airport, a part of U.S. Survey No. 3798, Alaska (re6 ferred to in this section as the ‘‘community expan7 sion land’’); 

8 (2) shall be without any requirement for receipt 

9 of fair market value for the release and conveyance 

10 of the conditions otherwise applicable to the commu11 nity expansion land; and 

12 (3) shall be contingent on the conveyance by 

13 the State of Alaska of the community expansion 

14 land to the Beaver Kwit’chin corporation, the Village 

15 Corporation of the village of Beaver, Alaska. 

16 (c) RECONVEYANCE.—The Beaver Kwit’chin Cor17 poration— 

18 (1) shall reconvey to any individual who cur19 rently occupies a portion of the land, or successor in 

20 interest to such an individual, title to such land as 

21 is currently occupied; and 

22 (2) may subsequently— 

23 (A) convey the remaining land to other in24 dividuals or persons for community expansion 

25 purposes; or 
23 

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1 (B) retain the remaining land in whole or 

2 in part for community uses. 

3 SEC. 11. PUYALLUP INDIAN TRIBE LAND CLAIMS SETTLE4 MENT AMENDMENTS. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, the Secretary shall— 

7 (1) accept the conveyance of the parcels of land 

8 within the Puyallup Reservation described in sub9 section (b); and 

10 (2) hold the land in trust for the benefit of the 

11 Puyallup Indian Tribe. 

12 (b) LAND DESCRIPTION.—The parcels of land re13 ferred to in subsection (a) are as follows: 

14 (1) PARCEL A.—Lot B, boundary line adjust15 ment 9508150496: according to the map thereof re16 corded August 15, 1995, records of Pierce County 

17 Auditor, situate in the city of Fife, county of Pierce, 

18 State of Washington. 

19 (2) PARCEL B.—Lots 3 and 4, Pierce County 

20 Short Plat No. 8908020412: according to the map 

21 thereof recorded August 2, 1989, records of Pierce 

22 County Auditor, together with portion of SR 5 abut23 ting lot 4, conveyed by deed recorded under record24 ing number 9309070433, described as follows: 
24 

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1 That portion of Government lot 1, sec. 07, 

2 T. 20 N., R. 4 E., of the Willamette Meridian, 

3 described as commencing at Highway Engi4 neer’s Station (hereinafter referred to as HES) 

5 AL 26 6+38.0 P.O.T. on the AL26 line survey 

6 of SR 5, Tacoma to King County line: Thence 

7 S88°54′30′′ E., along the north line of said lot 

8 1 a distance of 95 feet to the true point of be9 ginning: Thence S01°05′30′′ W87.4′ feet: 

10 Thence westerly to a point opposite HES AL26 

11 5+0.6 P.O.T. on said AL26 line survey and 75 

12 feet easterly therefrom; Thence northwesterly to 

13 a point opposite AL26 5+80.6 on said AL26 

14 line survey and 55 feet easterly therefrom: 

15 Thence northerly parallel with said line survey 

16 to the north line of said lot 1: Thence 

17 N88°54′30′′ E., to the true point of beginning. 

18 Except that portion of lot 4 conveyed to 

19 the State of Washington by deed recorded 

20 under recording number 9308100165 and more 

21 particularly described as follows: 

22 Commencing at the northeast corner of 

23 said lot 4: Thence N80°53′30′′ W., along the 

24 north line of said lot 4 a distance of 147.44 feet 

25 to the true point of beginning and a point of 
25 

•S 2843 IS 

1 curvature; thence southwesterly along a curve 

2 to the left, the center of which bears S0°06′30′′ 

3 W., 55.00 feet distance, through a central angle 

4 of 89°01′00′′, an arc distance of 85.45 feet; 

5 Thence S01°05′30′′ W., 59.43 feet; Thence 

6 N88°54′30′′ W., 20.00 feet to a point on the 

7 westerly line of said lot 4; Thence N0°57′10′′ 

8 E., along said westerly line 113.15 feet to the 

9 northwest corner of said lot 4; Thence 

10 S89°53′30′′ east along said north line, a dis11 tance of 74.34 feet to the true point of begin12 ning. 

13 Chicago Title Insurance Company Order 

14 No. 4293514 Lot A boundary line adjustment 

15 recorded under Recording No. 9508150496. Ac16 cording to the map thereof recorded August 15, 

17 1995, records of Pierce County Auditor. 

18 Situate in the city of Fife, county of 

19 Pierce, State of Washington. 

20 SEC. 12. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE 

21 SIOUX TRIBE, AND STATE OF SOUTH DAKOTA 

22 TERRESTRIAL WILDLIFE HABITAT RESTORA23 TION. 

24 (a) DISBURSEMENT PROVISIONS OF THE STATE OF

25 SOUTH DAKOTA AND THE CHEYENNE RIVER SIOUX
26 

•S 2843 IS 

1 TRIBE AND THE LOWER BRULE SIOUX TRIBE TERRES2 TRIAL WILDLIFE HABITAT RESTORATION TRUST

3 FUNDS.—Section 602(a)(4) of the Water Resources De4 velopment Act of 1999 (113 Stat. 386) is amended— 

5 (1) in subparagraph (A)— 

6 (A) in clause (i), by inserting ‘‘and the 

7 Secretary of the Treasury’’ after ‘‘Secretary’’; 

8 and 

9 (B) by striking clause (ii) and inserting the 

10 following: 

11 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

12 notification in accordance with clause (i), 

13 the Secretary of the Treasury shall make 

14 available to the State of South Dakota 

15 funds from the State of South Dakota Ter16 restrial Wildlife Habitat Restoration Trust 

17 Fund established under section 603, to be 

18 used to carry out the plan for terrestrial 

19 wildlife habitat restoration submitted by 

20 the State of South Dakota after the State 

21 certifies to the Secretary of the Treasury 

22 that the funds to be disbursed will be used 

23 in accordance with section 603(d)(3) and 

24 only after the Trust Fund is fully capital25 ized.’’; and 
27 

•S 2843 IS 

1 (2) in subparagraph (B), by striking clause (ii) 

2 and inserting the following: 

3 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

4 notification in accordance with clause (i), 

5 the Secretary of the Treasury shall make 

6 available to the Cheyenne River Sioux 

7 Tribe and the Lower Brule Sioux Tribe 

8 funds from the Cheyenne River Sioux Ter9 restrial Wildlife Habitat Restoration Trust 

10 Fund and the Lower Brule Sioux Terres11 trial Wildlife Habitat Restoration Trust 

12 Fund, respectively, established under sec13 tion 604, to be used to carry out the plans 

14 for terrestrial wildlife habitat restoration 

15 submitted by the Cheyenne River Sioux 

16 Tribe and the Lower Brule Sioux Tribe, 

17 respectively, after the respective tribe cer18 tifies to the Secretary of the Treasury that 

19 the funds to be disbursed will be used in 

20 accordance with section 604(d)(3) and only 

21 after the Trust Fund is fully capitalized.’’. 

22 (b) INVESTMENT PROVISIONS OF THE STATE OF

23 SOUTH DAKOTA TERRESTRIAL WILDLIFE RESTORATION

24 TRUST FUND.—Section 603 of the Water Resources De25 velopment Act of 1999 (113 Stat. 388) is amended— 
28 

•S 2843 IS 

1 (1) by striking subsection (c) and inserting the 

2 following: 

3 ‘‘(c) INVESTMENTS.— 

4 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith5 standing any other provision of law, the Secretary of 

6 the Treasury shall invest the amounts deposited 

7 under subsection (b) and the interest earned on 

8 those amounts only in interest-bearing obligations of 

9 the United States issued directly to the Fund. 

10 ‘‘(2) INVESTMENT REQUIREMENTS.— 

11 ‘‘(A) IN GENERAL.—The Secretary of the 

12 Treasury shall invest the Fund in accordance 

13 with all of the requirements of this paragraph. 

14 ‘‘(B) SEPARATE INVESTMENTS OF PRIN15 CIPAL AND INTEREST.— 

16 ‘‘(i) PRINCIPAL ACCOUNT.—The 

17 amounts deposited in the Fund under sub18 section (b) shall be credited to an account 

19 within the Fund (referred to in this para20 graph as the ‘principal account’) and in21 vested as provided in subparagraph (C). 

22 ‘‘(ii) INTEREST ACCOUNT.—The inter23 est earned from investing amounts in the 

24 principal account of the Fund shall be 

25 transferred to a separate account within 
29 

•S 2843 IS 

1 the Fund (referred to in this paragraph as 

2 the ‘interest account’) and invested as pro3 vided in subparagraph (D). 

4 ‘‘(iii) CREDITING.—The interest 

5 earned from investing amounts in the in6 terest account of the Fund shall be cred7 ited to the interest account. 

8 ‘‘(C) INVESTMENT OF PRINCIPAL AC9 COUNT.— 

10 ‘‘(i) INITIAL INVESTMENT.—Each 

11 amount deposited in the principal account 

12 of the Fund shall be invested initially in el13 igible obligations having the shortest matu14 rity then available until the date on which 

15 the amount is divided into 3 substantially 

16 equal portions and those portions are in17 vested in eligible obligations that are iden18 tical (except for transferability) to the 

19 next-issued publicly issued Treasury obli20 gations having a 2-year maturity, a 5-year 

21 maturity, and a 10-year maturity, respec22 tively. 

23 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

24 each 2-year, 5-year, and 10-year eligible 

25 obligation matures, the principal of the 
30 

•S 2843 IS 

1 maturing eligible obligation shall also be 

2 invested initially in the shortest-maturity 

3 eligible obligation then available until the 

4 principal is reinvested substantially equally 

5 in the eligible obligations that are identical 

6 (except for transferability) to the next7 issued publicly issued Treasury obligations 

8 having 2-year, 5-year, and 10-year matu9 rities. 

10 ‘‘(iii) DISCONTINUANCE OF ISSUANCE

11 OF OBLIGATIONS.—If the Department of 

12 the Treasury discontinues issuing to the 

13 public obligations having 2-year, 5-year, or 

14 10-year maturities, the principal of any 

15 maturing eligible obligation shall be rein16 vested substantially equally in eligible obli17 gations that are identical (except for trans18 ferability) to the next-issued publicly 

19 issued Treasury obligations of the matu20 rities longer than 1 year then available. 

21 ‘‘(D) INVESTMENT OF INTEREST AC22 COUNT.— 

23 ‘‘(i) BEFORE FULL CAPITALIZA24 TION.—Until the date on which the Fund 

25 is fully capitalized, amounts in the interest 
31 

•S 2843 IS 

1 account of the Fund shall be invested in el2 igible obligations that are identical (except 

3 for transferability) to publicly issued 

4 Treasury obligations that have maturities 

5 that coincide, to the greatest extent prac6 ticable, with the date on which the Fund 

7 is expected to be fully capitalized. 

8 ‘‘(ii) AFTER FULL CAPITALIZATION.— 

9 On and after the date on which the Fund 

10 is fully capitalized, amounts in the interest 

11 account of the Fund shall be invested and 

12 reinvested in eligible obligations having the 

13 shortest maturity then available until the 

14 amounts are withdrawn and transferred to 

15 fund the activities authorized under sub16 section (d)(3). 

17 ‘‘(E) PAR PURCHASE PRICE.—The price to 

18 be paid for eligible obligations purchased as in19 vestments of the principal account shall not ex20 ceed the par value of the obligations so that the 

21 amount of the principal account shall be pre22 served in perpetuity. 

23 ‘‘(F) HIGHEST YIELD.—Among eligible ob24 ligations having the same maturity and pur-
32 

•S 2843 IS 

1 chase price, the obligation to be purchased shall 

2 be the obligation having the highest yield. 

3 ‘‘(G) HOLDING TO MATURITY.—Eligible 

4 obligations purchased shall generally be held to 

5 their maturities. 

6 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI7 TIES.—Not less frequently than once each calendar 

8 year, the Secretary of the Treasury shall review with 

9 the State of South Dakota the results of the invest10 ment activities and financial status of the Fund dur11 ing the preceding 12-month period.’’; and 

12 (2) in subsection (d)(2), by inserting ‘‘of the 

13 Treasury’’ after ‘‘Secretary’’. 

14 (c) INVESTMENT PROVISIONS FOR THE CHEYENNE

15 RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE

16 TRUST FUNDS.—Section 604 of the Water Resources De17 velopment Act of 1999 (113 Stat. 389) is amended by 

18 striking subsection (c) and inserting the following: 

19 ‘‘(c) INVESTMENTS.— 

20 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith21 standing any other provision of law, the Secretary of 

22 the Treasury shall invest the amounts deposited 

23 under subsection (b) and the interest earned on 

24 those amounts only in interest-bearing obligations of 

25 the United States issued directly to the Funds. 
33 

•S 2843 IS 

1 ‘‘(2) INVESTMENT REQUIREMENTS.— 

2 ‘‘(A) IN GENERAL.—The Secretary of the 

3 Treasury shall invest each of the Funds in ac4 cordance with all of the requirements of this 

5 paragraph. 

6 ‘‘(B) SEPARATE INVESTMENTS OF PRIN7 CIPAL AND INTEREST.— 

8 ‘‘(i) PRINCIPAL ACCOUNT.—The 

9 amounts deposited in each Fund under 

10 subsection (b) shall be credited to an ac11 count within the Fund (referred to in this 

12 paragraph as the ‘principal account’) and 

13 invested as provided in subparagraph (C). 

14 ‘‘(ii) INTEREST ACCOUNT.—The inter15 est earned from investing amounts in the 

16 principal account of each Fund shall be 

17 transferred to a separate account within 

18 the Fund (referred to in this paragraph as 

19 the ‘interest account’) and invested as pro20 vided in subparagraph (D). 

21 ‘‘(iii) CREDITING.—The interest 

22 earned from investing amounts in the in23 terest account of each Fund shall be cred24 ited to the interest account. 
34 

•S 2843 IS 

1 ‘‘(C) INVESTMENT OF PRINCIPAL AC2 COUNT.— 

3 ‘‘(i) INITIAL INVESTMENT.—Each 

4 amount deposited in the principal account 

5 of each Fund shall be invested initially in 

6 eligible obligations having the shortest ma7 turity then available until the date on 

8 which the amount is divided into 3 sub9 stantially equal portions and those portions 

10 are invested in eligible obligations that are 

11 identical (except for transferability) to the 

12 next-issued publicly issued Treasury obli13 gations having a 2-year maturity, a 5-year 

14 maturity, and a 10-year maturity, respec15 tively. 

16 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

17 each 2-year, 5-year, and 10-year eligible 

18 obligation matures, the principal of the 

19 maturing eligible obligation shall also be 

20 invested initially in the shortest-maturity 

21 eligible obligation then available until the 

22 principal is reinvested substantially equally 

23 in the eligible obligations that are identical 

24 (except for transferability) to the next25 issued publicly issued Treasury obligations 
35 

•S 2843 IS 

1 having 2-year, 5-year, and 10-year matu2 rities. 

3 ‘‘(iii) DISCONTINUATION OF ISSUANCE

4 OF OBLIGATIONS.—If the Department of 

5 the Treasury discontinues issuing to the 

6 public obligations having 2-year, 5-year, or 

7 10-year maturities, the principal of any 

8 maturing eligible obligation shall be rein9 vested substantially equally in eligible obli10 gations that are identical (except for trans11 ferability) to the next-issued publicly 

12 issued Treasury obligations of the matu13 rities longer than 1 year then available. 

14 ‘‘(D) INVESTMENT OF THE INTEREST AC15 COUNT.— 

16 ‘‘(i) BEFORE FULL CAPITALIZA17 TION.—Until the date on which each Fund 

18 is fully capitalized, amounts in the interest 

19 account of the Fund shall be invested in el20 igible obligations that are identical (except 

21 for transferability) to publicly issued 

22 Treasury obligations that have maturities 

23 that coincide, to the greatest extent prac24 ticable, with the date on which the Fund 

25 is expected to be fully capitalized. 
36 

•S 2843 IS 

1 ‘‘(ii) AFTER FULL CAPITALIZATION.— 

2 On and after the date on which each Fund 

3 is fully capitalized, amounts in the interest 

4 account of the Fund shall be invested and 

5 reinvested in eligible obligations having the 

6 shortest maturity then available until the 

7 amounts are withdrawn and transferred to 

8 fund the activities authorized under sub9 section (d)(3). 

10 ‘‘(E) PAR PURCHASE PRICE.—The price to 

11 be paid for eligible obligations purchased as in12 vestments of the principal account shall not ex13 ceed the par value of the obligations so that the 

14 amount of the principal account shall be pre15 served in perpetuity. 

16 ‘‘(F) HIGHEST YIELD.—Among eligible ob17 ligations having the same maturity and pur18 chase price, the obligation to be purchased shall 

19 be the obligation having the highest yield. 

20 ‘‘(G) HOLDING TO MATURITY.—Eligible 

21 obligations purchased shall generally be held to 

22 their maturities. 

23 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI24 TIES.—Not less frequently than once each calendar 

25 year, the Secretary of the Treasury shall review with 
37 

•S 2843 IS 

1 the Cheyenne River Sioux Tribe and the Lower 

2 Brule Sioux Tribe the results of the investment ac3 tivities and financial status of the Funds during the 

4 preceding 12-month period.’’. 

5 SEC. 13. LAKE TRAVERSE RESERVATION HEIRSHIP. 

6 (a) IN GENERAL.—Public Law 98–513 is amended 

7 by striking section 5 (98 Stat. 2413) and inserting the 

8 following: 

9 ‘‘SEC. 5. INHERITANCE OF SMALL FRACTIONAL INTERESTS. 

10 ‘‘(a) DEFINITION OF SMALL FRACTIONAL INTER11 EST.—In this section, the term ‘small fractional interest’ 

12 means an undivided trust or restricted interest in a parcel 

13 of land within the reservation that— 

14 ‘‘(1) represents less than 5 percent of the entire 

15 undivided ownership of the parcel of land (as re16 flected in the decedent’s estate inventory as of the 

17 date on which the decisionmaker enters the final de18 cision determining heirs); and 

‘‘(2) does not exceed the equivalent of 21 19 ⁄2 acres 

20 if the interest were to be expressed in terms of its 

21 proportionate share of the total acreage of the parcel 

22 of land of which the interest is a part. 

23 ‘‘(b) INTESTATE INHERITANCE IN GENERAL.—Not24 withstanding section 3, no small fractional interest shall 
38 

•S 2843 IS 

1 pass by intestate succession under this Act or any other 

2 provision of law except as provided in subsection (c). 

3 ‘‘(c) INHERITANCE BY TRIBE.—If a person dies pos4 sessed of a small fractional interest that has not been de5 vised in accordance with subsection (d) to 1 or more eligi6 ble devisees described in that subsection, the small frac7 tional interest shall pass to the Tribe, with title to the 

8 interest to be held by the United States in trust for the 

9 Tribe. 

10 ‘‘(d) INHERITANCE BY TESTAMENTARY DEVISE.— 

11 ‘‘(1) ELIGIBLE DEVISEES.—Notwithstanding 

12 any other provision of this Act, and subject to para13 graph (2), a small fractional interest may be devised 

14 only to the following eligible devisees: 

15 ‘‘(A) The tribe. 

16 ‘‘(B) Any person who is a member, or eli17 gible to be a member, of the tribe. 

18 ‘‘(2) REQUIREMENTS.—No devise of a small 

19 fractional interest shall be valid as to a devisee un20 less— 

21 ‘‘(A) the devisee is eligible to receive the 

22 interest by devise under paragraph (1); 

23 ‘‘(B) the devisee is expressly identified in 

24 the devise by name; and 
39 

•S 2843 IS 

1 ‘‘(C) the devise is made in a will that has 

2 been approved by the Secretary of the Interior 

3 in accordance with section 2 of the Act of June 

4 25, 1910 (36 Stat. 856, chapter 431). 

5 ‘‘(3) HOLDING IN TRUST.—Any small fractional 

6 interest devised in accordance with this subsection 

7 shall pass to the devisee or devisees on the death of 

8 the testator, with title to be held by the United 

9 States in trust for the devisee or devisees.’’. 

10 (b) NOTICE TO LANDOWNERS; CERTIFICATION.— 

11 (1) NOTICE.—Not later than 180 days after the 

12 date of enactment of this Act, the Secretary shall 

13 provide notice of the amendment made by subsection 

14 (a) to owners of trust and restricted interests in 

15 land within the Lake Traverse Indian Reservation 

16 by— 

17 (A) posting written notice of the amend18 ment at the administrative headquarters of the 

19 Sisseton-Wahpeton Sioux Tribe of North Da20 kota and South Dakota and at the Agency of 

21 the Bureau of Indian Affairs located in Agency 

22 Village, South Dakota; 

23 (B) publishing the notice not fewer than 4 

24 times in newspapers of general circulation in all 
40 

•S 2843 IS 

1 counties in which any part of the Lake Tra2 verse Indian Reservation is located; and 

3 (C) sending the notice by first class mail 

4 to the last known addresses of Indians with in5 terests in trust or restricted land within the 

6 Lake Traverse Indian Reservation for whom the 

7 Secretary has such an address. 

8 (2) CERTIFICATION.—After providing notice 

9 under paragraph (1), the Secretary shall— 

10 (A) certify that notice has been given in 

11 accordance with that paragraph; and 

12 (B) publish notice of the certification in 

13 the Federal Register. 

14 (c) EFFECTIVE DATE.— 

15 (1) EFFECT ON INTERESTS.—The amendment 

16 made by subsection (a) shall not affect any interest 

17 in the estate of a person who dies before the date 

18 that is 1 year after the date on which the Secretary 

19 publishes notice of the certification under subsection 

20 (b)(2). 

21 (2) EFFECT ON WILLS.—The amendment made 

22 by subsection (a) shall not affect the validity or ef23 fect of any will executed before the date that is 1 

24 year after the date on which the Secretary publishes 

25 notice of the certification under subsection (b)(2). 
41 

•S 2843 IS 

1 SEC. 14. AMENDMENT OF DEFINITION. 

2 Section 2(9) of Public Law 101–601 (25 U.S.C. 

3 3001(9)) is amended by inserting ‘‘or was’’ after ‘‘is’’. 

Æ