II 
Calendar No. 1082 
110TH CONGRESS 
2D SESSION 
H. R. 5680 
[Report No. 110–504] 
IN THE SENATE OF THE UNITED STATES 
JUNE 19, 2008 
Received; read twice and referred to the Committee on Indian Affairs 
SEPTEMBER 25 (legislative day, SEPTEMBER 17), 2008 
Reported by Mr. DORGAN, with amendments 
[Omit the part struck through and insert the part printed in italic] 
AN ACT 
To amend certain laws relating to Native Americans, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Table of contents. 
Sec. 2. Colorado River Indian Tribes. 
Sec. 3. Gila River Indian Community contracts. 
Sec. 4. Land and interests of the Sault Ste. Marie Tribe of Chippewa Indians 
of Michigan. 
Sec. 5. Morongo Band of Mission Indians Lease Extension. 
Sec. 6. Cow Creek Band of Umpqua Tribe of Indians leasing authority. 
Sec. 7. New Settlement Common Stock issued to descendants, left-outs, and el-
ders. 
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Sec. 8. Admissions policy. 
Sec. 9. Indian Land Consolidation Act. 
SEC. 2. COLORADO RIVER INDIAN TRIBES. 
The Secretary of the Interior may make, subject to 
amounts provided in subsequent appropriations Acts, an 
annual disbursement to the Colorado River Indian Tribes. 
Funds disbursed under this section shall be used to fund 
the Office of the Colorado River Indian Tribes Reservation 
Energy Development and shall not be less than $200,000 
and not to exceed $350,000 annually. 
SEC. 3. GILA RIVER INDIAN COMMUNITY CONTRACTS. 
Subsection (f) of the first section of the Act of August 
9, 1955 (25 U.S.C. 415(f)), is amended by striking ‘‘lease, 
affecting’’ and inserting ‘‘lease or construction contract, 
affecting’’. 
SEC. 4. LAND AND INTERESTS OF THE SAULT STE. MARIE 
TRIBE OF CHIPPEWA INDIANS OF MICHIGAN. 
(a) IN GENERAL.—Subject to subsections (b) and (c), 
notwithstanding any other provision of law (including reg-
ulations), the Sault Ste. Marie Tribe of Chippewa Indians 
of Michigan (including any agent or instrumentality of the 
Tribe) (referred to in this section as the ‘‘Tribe’’), may 
transfer, lease, encumber, or otherwise convey, without 
further authorization or approval, all or any part of the 
Tribe’s interest in any real property that is not held in 
trust by the United States for the benefit of the Tribe. 
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(b) EFFECT OF SECTION.—Nothing in this section 
is intended to authorize the Tribe to transfer, lease, en-
cumber, or otherwise convey, any lands, or any interest 
in any lands, that are held in trust by the United States 
for the benefit of the Tribe. 
(c) LIABILITY.—The United States shall not be held 
liable to any party (including the Tribe or any agent or 
instrumentality of the Tribe) for any term of, or any loss 
resulting from the term of any transfer, lease, encum-
brance, or conveyance of land made pursuant to this Act 
unless the United States or an agent or instrumentality 
of the United States is a party to the transaction or the 
United States would be liable pursuant to any other provi-
sion of law. This subsection shall not apply to land trans-
ferred or conveyed by the Tribe to the United States to 
be held in trust for the benefit of the Tribe. 
(d) EFFECTIVE DATE.—This section shall be deemed 
to have taken effect on January 1, 2005. 
SEC. 5. MORONGO BAND OF MISSION INDIANS LEASE EX-
TENSION. 
Subsection (a) of the first section of the Act of Au-
gust 9, 1955 (25 U.S.C. 415(a)) is amended in the second 
sentence by inserting ‘‘and except leases of land held in 
trust for the Morongo Band of Mission Indians which may 
be for a term of not to exceed 50 years,’’ before ‘‘and ex-
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cept leases of land for grazing purposes which may be for 
a term of not to exceed ten years’’. 
SEC. 6. COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 
LEASING AUTHORITY. 
(a) AUTHORIZATION FOR 99-YEAR LEASES.—Sub-
section (a) of the first section of the Act of August 9, 
1955 (25 U.S.C. 415(a)), is amended in the second sen-
tence by inserting ‘‘and lands held in trust for the Cow 
Creek Band of Umpqua Tribe of Indians,’’ after ‘‘lands 
held in trust for the Confederated Tribes of the Warm 
Springs Reservation of Oregon,’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to any lease entered into or re-
newed after the date of the enactment of this Act. 
SEC. 7. NEW SETTLEMENT COMMON STOCK ISSUED TO DE-
SCENDANTS, LEFT-OUTS, AND ELDERS. 
Section 7 of the Alaska Native Claims Settlement 
Act, (Public Law 92–203; 85 Stat. 691), is amended— 
(1) by amending subsection (g)(1)(B)(iii) (43 
U.S.C. 1606(g)(1)(B)(iii)), to read as follows: 
‘‘(iii) The amendment authorized by clause (i) may 
provide that Settlement Common Stock issued to a Native 
pursuant to such amendment (or stock issued in exchange 
for such Settlement Common Stock pursuant to sub-
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section (h)(3) of this section or section 1626c(d) of this 
title) shall be subject to one or more of the following: 
‘‘(I) Such stock shall be deemed canceled upon 
the death of such Native, and no compensation for 
this cancellation shall be paid to the estate of the de-
ceased Native or to any person holding stock. 
‘‘(II) Such stock shall carry limited or no voting 
rights. 
‘‘(III) Such stock shall not be transferred by 
gift as provided in subparagraph (h)(1)(C)(iii).’’; 
and 
(2)
in
subsection
(h)(1)(C)
(43
U.S.C. 
1606(h)(1)(C)), by striking ‘‘Notwithstanding the 
restrictions’’ and inserting ‘‘Expect as otherwise ex-
pressly provided in this chapter and’’. 
SEC. 7. NEW SETTLEMENT COMMON STOCK ISSUED TO DE-
SCENDANTS, LEFT-OUTS, AND ELDERS. 
Section 7(g)(1)(B) of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1606(g)(1)(B)) is amended by striking 
clause (iii) and inserting the following: 
‘‘(iii) 
CONDITIONS
ON
CERTAIN 
STOCK.— 
‘‘(I) IN
GENERAL.—An amend-
ment under clause (i) may provide 
that Settlement Common Stock issued 
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SEC. 8. ADMISSIONS POLICY. 
(a) IN GENERAL.—To encourage private support to 
supplement public efforts to improve the historically low 
educational achievement of Native Americans (as defined 
in section 736(g) of the Public Health Service Act (42 
U.S.C. 293(g))), and in consideration of the trust responsi-
bility of the United States, as identified in section 7202 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7512), notwithstanding any other provision of 
Federal or State law, it shall be lawful for the private orga-
nization identified in paragraph (16) of that section (20 
U.S.C. 7512(16)) to maintain the admissions policy for the 
provision of educational programs and services that was 
upheld in the decision in case number 04–15044 of the 
United States Court of Appeals for the Ninth Circuit (De-
cember 5, 2006). 
(b) EFFECTIVE DATE.—This section takes effect on De-
cember 5, 2006. 
SEC. 9. INDIAN LAND CONSOLIDATION ACT. 
(a) DEFINITIONS.—Section 202 of the Indian Land 
Consolidation Act (25 U.S.C. 2201) is amended— 
(1) in paragraph (4)— 
(A) by inserting ‘‘(i)’’ after ‘‘(4)’’; 
(B) by striking ‘‘ ‘trust or restricted interest 
in land’ or’’ and inserting the following: 
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‘‘(ii) ‘trust or restricted interest in land’ or’’; 
and 
(C) in clause (ii) (as designated by sub-
paragraph (B)), by striking ‘‘an interest in land, 
title to which’’ and inserting ‘‘an interest in 
land, the title to which interest’’; and 
(2) by striking paragraph (7) and inserting the 
following: 
‘‘(7) the term ‘land’ means any real property;’’. 
(b) PARTITION
OF HIGHLY FRACTIONATED INDIAN 
LANDS.—Section 205(c)(2)(D)(i) of the Indian Land Con-
solidation Act (25 U.S.C. 2204(c)(2)(D)(i)) is amended in 
the matter following subclause (III) by striking ‘‘by Sec-
retary’’ and inserting ‘‘by the Secretary’’. 
(c) DESCENT AND DISTRIBUTION.—Section 207 of the 
Indian Land Consolidation Act (25 U.S.C. 2206) is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (2)(D)— 
(i) in clause (i), by striking ‘‘clauses 
(ii) through (iv)’’ and inserting ‘‘clauses 
(ii) through (v)’’; 
(ii) in clause (iv)(II), by striking ‘‘de-
cedent’’ and inserting ‘‘descent’’; and 
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(iii) by striking clause (v) and insert-
ing the following: 
‘‘(v) EFFECT
OF
SUBPARAGRAPH.— 
Nothing in this subparagraph limits the 
right of any person to devise any trust or 
restricted interest pursuant to a valid will 
in accordance with subsection (b).’’; and 
(B) by adding at the end the following: 
‘‘(6) INTESTATE DESCENT OF PERMANENT IM-
PROVEMENTS.— 
‘‘(A) DEFINITION OF COVERED PERMANENT 
IMPROVEMENT.—In this paragraph, the term 
‘covered permanent improvement’ means a per-
manent improvement (including an interest in 
such an improvement) that is— 
‘‘(i) included in the estate of a dece-
dent; and 
‘‘(ii) attached to a parcel of trust or re-
stricted land that is also, in whole or in 
part, included in the estate of that decedent. 
‘‘(B) RULE OF DESCENT.—Except as other-
wise provided in a tribal probate code approved 
under section 206 or a consolidation agreement 
approved under subsection (j)(9), a covered per-
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manent improvement in the estate of a decedent 
shall— 
‘‘(i) descend to each eligible heir to 
whom the trust or restricted interest in land 
in the estate descends pursuant to this sub-
section; or 
‘‘(ii) pass to the recipient of the trust 
or restricted interest in land in the estate 
pursuant to a renunciation under sub-
section (j)(8). 
‘‘(C) APPLICATION AND EFFECT.—The pro-
visions of this paragraph apply to a covered per-
manent improvement— 
‘‘(i) even though that covered perma-
nent improvement is not held in trust; and 
‘‘(ii) without altering or otherwise af-
fecting the non-trust status of such a cov-
ered permanent improvement.’’; 
(2) in subsection (b)(2)(B)— 
(A) by redesignating clauses (i) through 
(iii) as subclauses (I) through (III), respectively, 
and indenting the subclauses appropriately; 
(B) by striking ‘‘Any interest’’ and insert-
ing the following: 
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‘‘(i) IN GENERAL.—Subject to clauses 
(ii) and (iii), any interest’’; 
(C) in subclause (III) of clause (i) (as des-
ignated by subparagraphs (A) and (B)), by 
striking the semicolon and inserting a period; 
(D) by striking ‘‘provided that nothing’’ 
and inserting the following: 
‘‘(iii) EFFECT.—Except as provided in 
clause (ii), nothing’’; and 
(E) by inserting after clause (i) (as des-
ignated by subparagraph (B)) the following: 
‘‘(ii) EXCEPTION.— 
‘‘(I) 
IN
GENERAL.—Notwith-
standing clause (i), in any case in 
which a resolution, law, or other duly 
adopted enactment of the Indian tribe 
with jurisdiction over the land of 
which an interest described in clause 
(i) is a part requests the Secretary to 
apply subparagraph (A)(ii) to devises 
of trust or restricted land under the ju-
risdiction of the Indian tribe, the in-
terest may be devised in fee in accord-
ance with subparagraph (A)(ii). 
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‘‘(II) 
EFFECT.—Subclause 
(I) 
shall apply with respect to a devise of 
a trust or restricted interest in land by 
any decedent who dies on or after the 
date on which the applicable Indian 
tribe adopts the resolution, law, or 
other enactment described in subclause 
(I), regardless of the date on which the 
devise is made. 
‘‘(III) NOTICE OF REQUEST.—An 
Indian tribe shall provide to the Sec-
retary a copy of any resolution, law, 
or other enactment of the Indian tribe 
that requests the Secretary to apply 
subparagraph (A)(ii) to devises of trust 
or restricted land under the jurisdic-
tion of the Indian tribe.’’; 
(3) in subsection (h)(1)— 
(A) by striking ‘‘A will’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—A will’’; and 
(B) by adding at the end the following: 
‘‘(B) PERMANENT IMPROVEMENTS.—Except 
as otherwise expressly provided in the will, a de-
vise of a trust or restricted interest in a parcel 
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(ii) by striking ‘‘(3)’’ and all that fol-
lows through ‘‘No sale’’ and inserting the 
following: 
‘‘(3) REQUEST
TO
PURCHASE; CONSENT
RE-
QUIREMENTS; MULTIPLE REQUESTS TO PURCHASE.— 
‘‘(A) IN GENERAL.—No sale’’; and 
(iii) by striking the last sentence and 
inserting the following: 
‘‘(B) 
MULTIPLE
REQUESTS
TO
PUR-
CHASE.—Except for interests purchased pursu-
ant to paragraph (5), if the Secretary receives a 
request with respect to an interest from more 
than 1 eligible purchaser under paragraph (2), 
the Secretary shall sell the interest to the eligible 
purchaser that is selected by the applicable heir, 
devisee, or surviving spouse.’’; 
(B) in paragraph (4)— 
(i) in subparagraph (A), by adding 
‘‘and’’ at the end; 
(ii) in subparagraph (B), by striking 
‘‘; and’’ and inserting a period; and 
(iii) by striking subparagraph (C); 
and 
(C) in paragraph (5)— 
(i) in subparagraph (A)— 
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(I) in the matter preceding clause 
(i)— 
(aa) by inserting ‘‘or sur-
viving spouse’’ after ‘‘heir’’; 
(bb) by striking ‘‘paragraph 
(3)(B)’’ and inserting ‘‘paragraph 
(3)(A)(ii)’’; and 
(cc) by striking ‘‘auction 
and’’; 
(II) in clause (i), by striking 
‘‘and’’ at the end; 
(III) in clause (ii)— 
(aa) by striking ‘‘auction’’ 
and inserting ‘‘sale’’; 
(bb) by striking ‘‘the interest 
passing to such heir represents’’ 
and inserting ‘‘, at the time of 
death of the applicable decedent, 
the interest of the decedent in the 
land represented’’; and 
(cc) by striking the period at 
the end and inserting ‘‘; and’’; 
and 
(IV) by adding at the end the fol-
lowing: 
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‘‘(iii)(I) the Secretary is purchasing 
the interest under the program authorized 
under section 213(a)(1); or 
‘‘(II) after receiving a notice under 
paragraph (4)(B), the Indian tribe with ju-
risdiction over the interest is proposing to 
purchase the interest from an heir or sur-
viving spouse who is not residing on the 
property in accordance with clause (i), and 
who is not a member, and is not eligible to 
become a member, of that Indian tribe.’’; 
and 
(ii) in subparagraph (B)— 
(I) by inserting ‘‘or surviving 
spouse’’ after ‘‘heir’’ each place it ap-
pears; and 
(II) by striking ‘‘heir’s interest’’ 
and inserting ‘‘interest of the heir or 
surviving spouse’’. 
(d) CONFORMING AMENDMENT.—Section 213(a)(1) of 
the Indian Land Consolidation Act (25 U.S.C. 2212(a)(1)) 
is amended by striking ‘‘section 207(p)’’ and inserting ‘‘sec-
tion 207(o)’’. 
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(e) OWNER-MANAGED INTERESTS.—Section 221(a) of 
the Indian Land Consolidation Act (25 U.S.C. 2220(a)) is 
amended by inserting ‘‘owner or’’ before ‘‘co-owners’’. 
(f) EFFECTIVE DATES.— 
(1) TESTAMENTARY DISPOSITION.—The amend-
ments made by subsection (c)(2) of this section to sec-
tion 207(b) of the Indian Land Consolidation Act (25 
U.S.C. 2206(b)) shall not apply to any will executed 
before the date that is 1 year after the date of enact-
ment of this Act. 
(2) SMALL
UNDIVIDED
INTERESTS
IN
INDIAN 
LANDS.—The 
amendments 
made 
by 
subsection 
(c)(7)(C) of this section to subsection (o)(5) of section 
207 of the Indian Land Consolidation Act (25 U.S.C. 
2206) shall not apply to or affect any sale of an in-
terest under subsection (o)(5) of that section that was 
completed before the date of enactment of this Act. 
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Calendar No. 1082 
110TH CONGRESS 
2D SESSION 
H. R. 5680 
[Report No. 110–504] 
AN ACT 
To amend certain laws relating to Native 
Americans, and for other purposes. 
SEPTEMBER 25 (legislative day, SEPTEMBER 17), 2008 
Reported with amendments 
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