II 

Calendar No. 751 

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 

SEPTEMBER 30, 2004 

Reported by Mr. CAMPBELL, with amendments 

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

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’’. 
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1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Interior. 

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

5 (a) POWERS OF THE INDIAN ARTS AND CRAFTS

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

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

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

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

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

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

12 to enforce this Act through injunctive relief; (m) notwith13 standing any other provision of law, to enter into reim14 bursable support agreements with Federal, State, tribal, 

15 regional, and local investigative or law enforcement enti16 ties in furtherance of the purposes and provisions of this 

17 Act’’. 

18 (b) APPROPRIATIONS.—Section 4 of the Act of Au19 gust 27, 1935 (25 U.S.C. 305c), is amended to read as 

20 follows: 

21 ‘‘SEC. 4. APPROPRIATIONS. 

22 ‘‘(a) IN GENERAL.—There are authorized to be ap23 propriated such sums as are necessary to pay the expenses 

24 of the Board and carry out this Act. 

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

26 any source shall be deposited in a special fund, which shall 
3 

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

2 appropriation, to carry out this Act. 

3 ‘‘(c) USE OF AMOUNTS.—Amounts received by the 

4 Board resulting from any civil action or enforcement ac5 tion brought under this Act may be used by the Board 

6 consistent with this Act, as necessary for the accomplish7 ment for the purposes of this Act.’’. 

8 (c) REFERRAL FOR CRIMINAL AND CIVIL VIOLA9 TIONS; COMPLAINTS; RECOMMENDATIONS.—Section 5 of 

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

11 to read as follows: 

12 ‘‘SEC. 5. REFERRAL FOR CRIMINAL AND CIVIL PRO13 CEEDINGS. 

14 ‘‘(a) CRIMINAL PROCEEDINGS.— 

15 ‘‘(1) INVESTIGATION.—The Board shall inves16 tigate violations of section 1159 of title 18, United 

17 States Code. 

18 ‘‘(2) ACTION BY THE BOARD.—After an inves19 tigation is complete, or at any time during an inves20 tigation, the Board may— 

21 ‘‘(A) refer the matter to the Attorney Gen22 eral for additional investigation; and 

23 ‘‘(B) recommend to the Attorney General 

24 that criminal proceedings be brought under sec25 tion 1159 of title 18, United States Code. 
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1 ‘‘(b) CIVIL PROCEEDINGS.— 

2 ‘‘(1) INVESTIGATIONS.—The Board shall inves3 tigate violations of section 6. 

4 ‘‘(2) ACTION BY THE BOARD.—After an inves5 tigation is complete, or at any time during an inves6 tigation, the Board may— 

7 ‘‘(A) levy penalties in accordance with sec8 tion 6; or 

9 ‘‘(B) refer the matter to the Attorney Gen10 eral for civil action under section 6. 

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

12 shall receive and investigate all complaints of violations 

13 of section 1159 of title 18, United States Code, and sec14 tion 6.’’. 

15 (d) CAUSE OF ACTION FOR MISREPRESENTATION OF

16 INDIAN-PRODUCED GOODS.—Section 6 of the Act of Au17 gust 27, 1935 (25 U.S.C. 305e), is amended to read as 

18 follows: 

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

20 INDIAN-PRODUCED GOODS. 

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

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

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

24 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-
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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; 
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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; 
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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,’’. 
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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-
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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’’. ‘‘sell,’’ and all that follows and inserting 

14 ‘‘sell or mortgage, or to lease as lessor for a period exceeding 

15 99 years, for any trust or restricted land included in the 

16 limits of the reservation, except that such authority may 

17 not exceed 25 years in the case of activities authorized 

18 under the Indian Gaming Regulatory Act (25 U.S.C. 2701 

19 et seq.).’’. 

20 SEC. 7. PRAIRIE ISLAND LAND CONVEYANCE. 

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

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

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

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

25 subject to the flowage and sloughing easement described 
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1 in subsection (d) and to the conditions stated in subsection 

2 (f), to the Secretary, to be— 

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

4 benefit of the Prairie Island Indian Community in 

5 Minnesota; and 

6 (2) included in the Prairie Island Indian Com7 munity Reservation in Goodhue County, Minnesota. 

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

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

10 land associated with the Lock and Dam #3 on the Mis11 sissippi River in Goodhue County, Minnesota, located in 

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

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

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

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

16 335A, GO–335B, GO–336 through GO–338, GO–339A, 

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

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

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

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

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

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

23 December 1936. 

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

25 after the date of conveyance under subsection (a), the 
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1 boundaries of the land conveyed shall be surveyed as pro2 vided in section 2115 of the Revised Statutes (25 U.S.C. 

3 176). 

4 (d) EASEMENT.— 

5 (1) IN GENERAL.—The Corps of Engineers 

6 shall retain a flowage and sloughing easement for 

7 the purpose of navigation and purposes relating to 

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

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

10 the elevation of 676.0. 

11 (2) INCLUSIONS.—The easement retained under 

12 paragraph (1) includes— 

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

14 and submerge property as the District Engineer 

15 determines to be necessary in connection with 

16 the operation and maintenance of the Mis17 sissippi River Navigation Project; and 

18 (B) the continuing right to clear and re19 move any brush, debris, or natural obstructions 

20 that, in the opinion of the District Engineer, 

21 may be detrimental to the project. 

22 (e) OWNERSHIP OF STURGEON LAKE BED UNAF23 FECTED.—Nothing in this section diminishes or otherwise 

24 affects the title of the State of Minnesota to the bed of 
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1 Sturgeon Lake located within the tracts of land described 

2 in subsection (b). 

3 (f) CONDITIONS.—The conveyance under subsection 

4 (a) is subject to the conditions that the Prairie Island In5 dian Community shall not— 

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

7 (2) construct any structure on the land without 

8 the written approval of the District Engineer; or 

9 (3) conduct gaming (within the meaning of sec10 tion 4 of the Indian Gaming Regulatory Act (25 

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

12 (g) NO EFFECT ON ELIGIBILITY FOR CERTAIN

13 PROJECTS.—Notwithstanding the conveyance under sub14 section (a), the land shall continue to be eligible for envi15 ronmental management planning and other recreational or 

16 natural resource development projects on the same basis 

17 as before the conveyance. 

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

19 diminishes or otherwise affects the rights granted to the 

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

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

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

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

24 27, 1937, under which the Secretary granted certain 

25 rights to the Corps of Engineers to overflow the portions 
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1 of Tracts A, B, and C that lie within the Mississippi River 

2 9-Foot Channel Project boundary and as more particu3 larly shown and depicted on the map entitled ‘‘United 

4 States Army Corps of Engineers survey map of the Upper 

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

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

7 1936. 

8 SEC. 8. GILA RIVER INDIAN COMMUNITY MANDATORY 

9 BINDING ARBITRATION. 

10 (a) AMENDMENTS.—Subsection (f) of the first sec11 tion of the Act of August 9, 1955 (25 U.S.C. 415(f)), is 

12 amended— 

13 (1) in the first sentence— 

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

15 follows through ‘‘affecting land’’ and inserting 

16 ‘‘Any contract, including a lease, affecting 

17 land’’; and 

18 (B) in the second sentence, by striking 

19 ‘‘such leases or contracts entered into pursuant 

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

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

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

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

24 107–159 (116 Stat. 122). 
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1 SEC. 9. ALASKA NATIVE CLAIMS SETTLEMENT ACT VOTING 

2 STANDARDS AMENDMENT. 

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

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

5 1629b) (as amended by subsection (b)) is amended— 

6 (1) by inserting after ‘‘of this section’’ the fol7 lowing: ‘‘or an amendment to the articles of incorpo8 ration described in section 7(g)(1)(B)’’; and 

9 (2) by inserting ‘‘or amendment’’ after ‘‘meet10 ing relating to such resolution’’ each place it ap11 pears. 

12 (b) TECHNICAL CORRECTIONS.— 

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

14 Interior and Related Agencies Appropriations Act, 

15 2003 (Division F of Public Law 108–7; 117 Stat. 

16 278; February 20, 2003) is amended— 

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

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

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

20 Alaska Native Claims Settlement Act (43 

21 U.S.C. 1629b)’’; and 

22 (ii) in paragraph (2), by striking ‘‘by cre23 ating the following new subsection:’’ and insert24 ing ‘‘in subsection (d), by adding at the end the 

25 following:’’. 
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1 (B) Section 36 of the Alaska Native Claims 

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

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

4 and 

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

6 1629e of this title’’ and inserting ‘‘section 39’’. 

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

8 Interior and Related Agencies Appropriations Act, 

9 2003 (Division F of Public Law 108–7; 117 Stat. 

10 278; February 20, 2003) is amended by striking 

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

12 Code,’’ and inserting ‘‘Section 39(a)(3) of the Alas13 ka Native Claims Settlement Act (43 U.S.C. 

14 1629e(a)(3))’’. 

15 (B) Section 39(a)(3)(B)(ii) of the Alaska Na16 tive Claims Settlement Act (43 U.S.C. 

17 1629e(a)(3)(B)(ii)) is amended by striking ‘‘(a)(4) 

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

19 36(a)(4)’’. 

20 (3) The amendments made by this subsection 

21 take effect on February 20, 2003. 

22 SEC. 10. BEAVER AIRPORT LAND AMENDMENT. 

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

24 instruments as are necessary to release the condition on 

25 a portion of land situated adjacent to the community of 
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1 Beaver, Alaska, conveyed pursuant to Patent No. 50–69– 

2 0130 and dated August 23, 1968, that the land revert to 

3 the United States if the land is not used for airport pur4 poses. 

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

6 for in subsection (a)— 

7 (1) shall apply to approximately 33 acres of 

8 land identified as tracts II through VI of the Beaver 

9 Airport, a part of U.S. Survey No. 3798, Alaska (re10 ferred to in this section as the ‘‘community expan11 sion land’’); 

12 (2) shall be without any requirement for receipt 

13 of fair market value for the release and conveyance 

14 of the conditions otherwise applicable to the commu15 nity expansion land; and 

16 (3) shall be contingent on the conveyance by 

17 the State of Alaska of the community expansion 

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

19 Corporation of the village of Beaver, Alaska. 

20 (c) RECONVEYANCE.—The Beaver Kwit’chin Cor21 poration— 

22 (1) shall reconvey to any individual who cur23 rently occupies a portion of the land, or successor in 

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

25 is currently occupied; and 
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1 (2) may subsequently— 

2 (A) convey the remaining land to other in3 dividuals or persons for community expansion 

4 purposes; or 

5 (B) retain the remaining land in whole or 

6 in part for community uses. 

7 SEC. 11. PUYALLUP INDIAN TRIBE LAND CLAIMS SETTLE8 MENT AMENDMENTS. 

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, the The Secretary shall— 

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

12 within the Puyallup Reservation described in sub13 section (b); and 

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

15 Puyallup Indian Tribe. 

16 (b) LAND DESCRIPTION.—The parcels of land re17 ferred to in subsection (a) are as follows: 

18 (1) PARCEL A.—Lot B, boundary line adjust19 ment 9508150496: according to the map thereof re20 corded August 15, 1995, records of Pierce County 

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

22 State of Washington. 

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

24 Short Plat No. 8908020412: according to the map 

25 thereof recorded August 2, 1989, records of Pierce 
24 

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1 County Auditor, together with portion of SR 5 abut2 ting lot 4, conveyed by deed recorded under recording 

3 number 9309070433, described as follows: 

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

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

6 described as commencing at Highway Engi7 neer’s Station (hereinafter referred to as HES) 

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

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

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

11 1 a distance of 95 feet to the true point of be12 ginning: Thence S01°05′30′′ W87.4′ feet: 

13 Thence westerly to a point opposite HES AL26 

14 5+0.6 5+50.6 P.O.T. on said AL26 line survey 

15 and 75 feet easterly therefrom; Thence north16 westerly to a point opposite AL26 5+80.6 on 

17 said AL26 line survey and 55 feet easterly 

18 therefrom: Thence northerly parallel with said 

19 line survey to the north line of said lot 1: 

20 Thence N88°54′30′′ E., to the true point of be21 ginning. 

22 Except that portion of lot 4 conveyed to 

23 the State of Washington by deed recorded 

24 under recording number 9308100165 and more 

25 particularly described as follows: 
25 

•S 2843 RS 

1 Commencing at the northeast corner of 

2 said lot 4: Thence N80°53′30′′ N89°53′30′′ W., 

3 along the north line of said lot 4 a distance of 

4 147.44 feet to the true point of beginning and 

5 a point of curvature; thence southwesterly along 

6 a curve to the left, the center of which bears 

7 S0°06′30′′ W., 55.00 feet distance, through a 

8 central angle of 89°01′00′′, an arc distance of 

9 85.45 feet; Thence S01°05′30′′ W., 59.43 feet; 

10 Thence N88°54′30′′ W., 20.00 feet to a point 

11 on the westerly line of said lot 4; Thence 

12 N0°57′10′′ E., along said westerly line 113.15 

13 feet to the northwest corner of said lot 4; 

14 Thence S89°53′30′′ east along said north line, 

15 a distance of 74.34 feet to the true point of be16 ginning. 

17 Chicago Title Insurance Company Order 

18 No. 4293514 Lot A boundary line adjustment 

19 recorded under Recording No. 9508150496. Ac20 cording to the map thereof recorded August 15, 

21 1995, records of Pierce County Auditor. 

22 Situate in the city of Fife, county of 

23 Pierce, State of Washington. 

24 (3) ADDITIONAL LOTS.—Any lots acquired by the 

25 Tribe located in block 7846, 7850, 7945, 7946, 7949, 
26 

•S 2843 RS 

1 7950, 8045, or 8049 in the Indian Addition to the 

2 city of Tacoma, State of Washington. 

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

4 SIOUX TRIBE, AND STATE OF SOUTH DAKOTA 

5 TERRESTRIAL WILDLIFE HABITAT RESTORA6 TION. 

7 (a) DISBURSEMENT PROVISIONS OF THE STATE OF

8 SOUTH DAKOTA AND THE CHEYENNE RIVER SIOUX

9 TRIBE AND THE LOWER BRULE SIOUX TRIBE TERRES10 TRIAL WILDLIFE HABITAT RESTORATION TRUST

11 FUNDS.—Section 602(a)(4) of the Water Resources De12 velopment Act of 1999 (113 Stat. 386) is amended— 

13 (1) in subparagraph (A)— 

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

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

16 and 

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

18 following: 

19 ‘‘(ii) AVAILABILITY OF FUNDS.—On 

20 notification in accordance with clause (i), 

21 the Secretary of the Treasury shall make 

22 available to the State of South Dakota 

23 funds from the State of South Dakota Ter24 restrial Wildlife Habitat Restoration Trust 

25 Fund established under section 603, to be 
27 

•S 2843 RS 

1 used to carry out the plan for terrestrial 

2 wildlife habitat restoration submitted by the 

3 State of South Dakota after the State cer4 tifies to the Secretary of the Treasury that 

5 the funds to be disbursed will be used in 

6 accordance with section 603(d)(3) and only 

7 after the Trust Fund is fully capitalized.’’; 

8 and 

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

10 and inserting the 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 Cheyenne River Sioux 

15 Tribe and the Lower Brule Sioux Tribe 

16 funds from the Cheyenne River Sioux Ter17 restrial Wildlife Habitat Restoration Trust 

18 Fund and the Lower Brule Sioux Terres19 trial Wildlife Habitat Restoration Trust 

20 Fund, respectively, established under sec21 tion 604, to be used to carry out the plans 

22 for terrestrial wildlife habitat restoration 

23 submitted by the Cheyenne River Sioux 

24 Tribe and the Lower Brule Sioux Tribe, 

25 respectively, after the respective tribe cer-
28 

•S 2843 RS 

1 tifies to the Secretary of the Treasury that 

2 the funds to be disbursed will be used in 

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

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

5 (b) INVESTMENT PROVISIONS OF THE STATE OF

6 SOUTH DAKOTA TERRESTRIAL WILDLIFE RESTORATION

7 TRUST FUND.—Section 603 of the Water Resources De8 velopment Act of 1999 (113 Stat. 388) is amended— 

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

10 following: 

11 ‘‘(c) INVESTMENTS.— 

12 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith13 standing any other provision of law, the Secretary of 

14 the Treasury shall invest the amounts deposited 

15 under subsection (b) and the interest earned on 

16 those amounts only in interest-bearing obligations of 

17 the United States issued directly to the Fund. 

18 ‘‘(2) INVESTMENT REQUIREMENTS.— 

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

20 Treasury shall invest the Fund in accordance 

21 with all of the requirements of this paragraph. 

22 ‘‘(B) SEPARATE INVESTMENTS OF PRIN23 CIPAL AND INTEREST.— 

24 ‘‘(i) PRINCIPAL ACCOUNT.—The 

25 amounts deposited in the Fund under sub-
29 

•S 2843 RS 

1 section (b) shall be credited to an account 

2 within the Fund (referred to in this para3 graph as the ‘principal account’) and in4 vested as provided in subparagraph (C). 

5 ‘‘(ii) INTEREST ACCOUNT.—The inter6 est earned from investing amounts in the 

7 principal account of the Fund shall be 

8 transferred to a separate account within 

9 the Fund (referred to in this paragraph as 

10 the ‘interest account’) and invested as pro11 vided in subparagraph (D). 

12 ‘‘(iii) CREDITING.—The interest 

13 earned from investing amounts in the in14 terest account of the Fund shall be cred15 ited to the interest account. 

16 ‘‘(C) INVESTMENT OF PRINCIPAL AC17 COUNT.— 

18 ‘‘(i) INITIAL INVESTMENT.—Each 

19 amount deposited in the principal account 

20 of the Fund shall be invested initially in el21 igible obligations having the shortest matu22 rity then available until the date on which 

23 the amount is divided into 3 substantially 

24 equal portions and those portions are in25 vested in eligible obligations that are iden-
30 

•S 2843 RS 

1 tical (except for transferability) to the 

2 next-issued publicly issued Treasury obli3 gations having a 2-year maturity, a 5-year 

4 maturity, and a 10-year maturity, respec5 tively. 

6 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

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

8 obligation matures, the principal of the 

9 maturing eligible obligation shall also be 

10 invested initially in the shortest-maturity 

11 eligible obligation then available until the 

12 principal is reinvested substantially equally 

13 in the eligible obligations that are identical 

14 (except for transferability) to the next15 issued publicly issued Treasury obligations 

16 having 2-year, 5-year, and 10-year matu17 rities. 

18 ‘‘(iii) DISCONTINUANCE OF ISSUANCE

19 OF OBLIGATIONS.—If the Department of 

20 the Treasury discontinues issuing to the 

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

22 10-year maturities, the principal of any 

23 maturing eligible obligation shall be rein24 vested substantially equally in eligible obli25 gations that are identical (except for trans-
31 

•S 2843 RS 

1 ferability) to the next-issued publicly 

2 issued Treasury obligations of the matu3 rities longer than 1 year then available. 

4 ‘‘(D) INVESTMENT OF INTEREST AC5 COUNT.— 

6 ‘‘(i) BEFORE FULL CAPITALIZA7 TION.—Until the date on which the Fund 

8 is fully capitalized, amounts in the interest 

9 account of the Fund shall be invested in el10 igible obligations that are identical (except 

11 for transferability) to publicly issued 

12 Treasury obligations that have maturities 

13 that coincide, to the greatest extent prac14 ticable, with the date on which the Fund 

15 is expected to be fully capitalized. 

16 ‘‘(ii) AFTER FULL CAPITALIZATION.— 

17 On and after the date on which the Fund 

18 is fully capitalized, amounts in the interest 

19 account of the Fund shall be invested and 

20 reinvested in eligible obligations having the 

21 shortest maturity then available until the 

22 amounts are withdrawn and transferred to 

23 fund the activities authorized under sub24 section (d)(3). 
32 

•S 2843 RS 

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

2 be paid for eligible obligations purchased as in3 vestments of the principal account shall not ex4 ceed the par value of the obligations so that the 

5 amount of the principal account shall be pre6 served in perpetuity. 

7 ‘‘(F) HIGHEST YIELD.—Among eligible ob8 ligations having the same maturity and pur9 chase price, the obligation to be purchased shall 

10 be the obligation having the highest yield. 

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

12 obligations purchased shall generally be held to 

13 their maturities. 

14 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI15 TIES.—Not less frequently than once each calendar 

16 year, the Secretary of the Treasury shall review with 

17 the State of South Dakota the results of the invest18 ment activities and financial status of the Fund dur19 ing the preceding 12-month period.’’; and 

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

21 Treasury’’ after ‘‘Secretary’’. 

22 (c) INVESTMENT PROVISIONS FOR THE CHEYENNE

23 RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE

24 TRUST FUNDS.—Section 604 of the Water Resources De-
33 

•S 2843 RS 

1 velopment Act of 1999 (113 Stat. 389) is amended by 

2 striking subsection (c) and inserting the 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 Funds. 

10 ‘‘(2) INVESTMENT REQUIREMENTS.— 

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

12 Treasury shall invest each of the Funds in ac13 cordance with all of the requirements of this 

14 paragraph. 

15 ‘‘(B) SEPARATE INVESTMENTS OF PRIN16 CIPAL AND INTEREST.— 

17 ‘‘(i) PRINCIPAL ACCOUNT.—The 

18 amounts deposited in each Fund under 

19 subsection (b) shall be credited to an ac20 count within the Fund (referred to in this 

21 paragraph as the ‘principal account’) and 

22 invested as provided in subparagraph (C). 

23 ‘‘(ii) INTEREST ACCOUNT.—The inter24 est earned from investing amounts in the 

25 principal account of each Fund shall be 
34 

•S 2843 RS 

1 transferred to a separate account within 

2 the Fund (referred to in this paragraph as 

3 the ‘interest account’) and invested as pro4 vided in subparagraph (D). 

5 ‘‘(iii) CREDITING.—The interest 

6 earned from investing amounts in the in7 terest account of each Fund shall be cred8 ited to the interest account. 

9 ‘‘(C) INVESTMENT OF PRINCIPAL AC10 COUNT.— 

11 ‘‘(i) INITIAL INVESTMENT.—Each 

12 amount deposited in the principal account 

13 of each Fund shall be invested initially in 

14 eligible obligations having the shortest ma15 turity then available until the date on 

16 which the amount is divided into 3 sub17 stantially equal portions and those portions 

18 are invested in eligible obligations that are 

19 identical (except for transferability) to the 

20 next-issued publicly issued Treasury obli21 gations having a 2-year maturity, a 5-year 

22 maturity, and a 10-year maturity, respec23 tively. 

24 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 

25 each 2-year, 5-year, and 10-year eligible 
35 

•S 2843 RS 

1 obligation matures, the principal of the 

2 maturing eligible obligation shall also be 

3 invested initially in the shortest-maturity 

4 eligible obligation then available until the 

5 principal is reinvested substantially equally 

6 in the eligible obligations that are identical 

7 (except for transferability) to the next8 issued publicly issued Treasury obligations 

9 having 2-year, 5-year, and 10-year matu10 rities. 

11 ‘‘(iii) DISCONTINUATION OF ISSUANCE

12 OF OBLIGATIONS.—If the Department of 

13 the Treasury discontinues issuing to the 

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

15 10-year maturities, the principal of any 

16 maturing eligible obligation shall be rein17 vested substantially equally in eligible obli18 gations that are identical (except for trans19 ferability) to the next-issued publicly 

20 issued Treasury obligations of the matu21 rities longer than 1 year then available. 

22 ‘‘(D) INVESTMENT OF THE INTEREST AC23 COUNT.— 

24 ‘‘(i) BEFORE FULL CAPITALIZA25 TION.—Until the date on which each Fund 
36 

•S 2843 RS 

1 is fully capitalized, amounts in the interest 

2 account of the Fund shall be invested in eli3 gible obligations that are identical (except 

4 for transferability) to publicly issued Treas5 ury obligations that have maturities that 

6 coincide, to the greatest extent practicable, 

7 with the date on which the Fund is expected 

8 to be fully capitalized. 

9 ‘‘(ii) AFTER FULL CAPITALIZATION.— 

10 On and after the date on which each Fund 

11 is fully capitalized, amounts in the interest 

12 account of the Fund shall be invested and 

13 reinvested in eligible obligations having the 

14 shortest maturity then available until the 

15 amounts are withdrawn and transferred to 

16 fund the activities authorized under sub17 section (d)(3). 

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

19 be paid for eligible obligations purchased as in20 vestments of the principal account shall not ex21 ceed the par value of the obligations so that the 

22 amount of the principal account shall be pre23 served in perpetuity. 

24 ‘‘(F) HIGHEST YIELD.—Among eligible ob25 ligations having the same maturity and pur-
37 

•S 2843 RS 

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 Cheyenne River Sioux Tribe and the Lower 

10 Brule Sioux Tribe the results of the investment ac11 tivities and financial status of the Funds during the 

12 preceding 12-month period.’’. 

13 SEC. 13. LAKE TRAVERSE RESERVATION HEIRSHIP. 

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

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

16 following: 

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

18 ‘‘(a) DEFINITION OF SMALL FRACTIONAL INTER19 EST.—In this section, the term ‘small fractional interest’ 

20 means an undivided trust or restricted interest in a parcel 

21 of land within the reservation that— 

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

23 undivided ownership of the parcel of land (as re24 flected in the decedent’s estate inventory as of the 
38 

•S 2843 RS 

1 date on which the decisionmaker enters the final de2 cision determining heirs); and 

‘‘(2) does not exceed the equivalent of 21 3 ⁄2 acres 

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

5 proportionate share of the total acreage of the parcel 

6 of land of which the interest is a part. 

7 ‘‘(b) INTESTATE INHERITANCE IN GENERAL.—Not8 withstanding section 3, no small fractional interest shall 

9 pass by intestate succession under this Act or any other 

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

11 ‘‘(c) INHERITANCE BY TRIBE.—If a person dies pos12 sessed of a small fractional interest that has not been de13 vised in accordance with subsection (d) to 1 or more eligi14 ble devisees described in that subsection, the small frac15 tional interest shall pass to the Tribe, with title to the 

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

17 Tribe. 

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

19 ‘‘(1) ELIGIBLE DEVISEES.—Notwithstanding 

20 any other provision of this Act, and subject to para21 graph (2), a small fractional interest may be devised 

22 only to the following eligible devisees: 

23 ‘‘(A) The tribe. 

24 ‘‘(B) Any person who is a member, or eli25 gible to be a member, of the tribe. 
39 

•S 2843 RS 

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

2 fractional interest shall be valid as to a devisee un3 less— 

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

5 interest by devise under paragraph (1); 

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

7 the devise by name; and 

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

9 been approved by the Secretary of the Interior 

10 in accordance with section 2 of the Act of June 

11 25, 1910 (36 Stat. 856, chapter 431). 

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

13 interest devised in accordance with this subsection 

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

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

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

17 (b) NOTICE TO LANDOWNERS; CERTIFICATION.— 

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

19 date of enactment of this Act, the Secretary shall 

20 provide notice of the amendment made by subsection 

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

22 land within the Lake Traverse Indian Reservation 

23 by— 

24 (A) posting written notice of the amend25 ment at the administrative headquarters of the 
40 

•S 2843 RS 

1 Sisseton-Wahpeton Sioux Tribe of North Da2 kota and South Dakota and at the Agency of 

3 the Bureau of Indian Affairs located in Agency 

4 Village, South Dakota; 

5 (B) publishing the notice not fewer than 4 

6 times in newspapers of general circulation in all 

7 counties in which any part of the Lake Tra8 verse Indian Reservation is located; and 

9 (C) sending the notice by first class mail 

10 to the last known addresses of Indians with in11 terests in trust or restricted land within the 

12 Lake Traverse Indian Reservation for whom the 

13 Secretary has such an address. 

14 (2) CERTIFICATION.—After providing notice 

15 under paragraph (1), the Secretary shall— 

16 (A) certify that notice has been given in 

17 accordance with that paragraph; and 

18 (B) publish notice of the certification in 

19 the Federal Register. 

20 (c) EFFECTIVE DATE.— 

21 (1) EFFECT ON INTERESTS.—The amendment 

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

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

24 that is 1 year after the date on which the Secretary 
41 

•S 2843 RS 

1 publishes notice of the certification under subsection 

2 (b)(2). 

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

4 by subsection (a) shall not affect the validity or ef5 fect of any will executed before the date that is 1 

6 year after the date on which the Secretary publishes 

7 notice of the certification under subsection (b)(2). 

8 SEC. 14. AMENDMENT OF DEFINITION. 

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

10 3001(9)) is amended by inserting ‘‘or was’’ after ‘‘is’’. 
Calendar No. 751 

108TH CONGRESS 

2D SESSION S. 2843 

A BILL 

To make technical corrections to laws relating to 

Native Americans, and for other purposes. 

SEPTEMBER 30, 2004 

Reported with amendments