an adoptive parent or guardian of an Indian child or of 
an adopted Indian who is under the age of 18, or, in the 
case of a medical emergency or incompetence of an adopt-
ed Indian, an adoptive parent or guardian of an Indian 
18 years of age or older, petitions the court which entered 
the final decree of adoption or any other court of com-
petent jurisdiction for the release of information regarding 
the tribal affiliation, if any, of the adopted child’s biologi-
cal parents, the court shall disclose, from any records sub-
ject to its jurisdiction, such information to the petitioner 
and shall provide the petitioner with any other identifying 
information as may be necessary to protect any rights 
flowing from an adopted Indian’s tribal relationship.’’. 
SEC. 16. ASSUMPTION OF JURISDICTION OVER CHILD CUS-
TODY PROCEEDINGS. 
Section 108 of the Indian Child Welfare Act of 1978 
(25 U.S.C. 1918) is amended to read as follows: 
‘‘SEC. 108. ASSUMPTION OF JURISDICTION OVER CHILD 
CUSTODY PROCEEDINGS. 
‘‘(a) CHILDREN RESIDING OR DOMICILED WITHIN A 
RESERVATION.—Where, pursuant to the provisions of the 
Act of August 15, 1953 (67 Stat. 588), or any other Fed-
eral law, a State is exercising or has exercised jurisdiction 
over voluntary child custody proceedings involving Indian 
children who reside or are domiciled within the reservation
of an Indian tribe, such Indian tribe may assume jurisdic-
tion exclusive as to any State over such child custody pro-
ceedings. 
‘‘(b) CHILDREN
NOT
RESIDING
OR
DOMICILED 
WITHIN A RESERVATION.—(1) Any Indian tribe that does 
not exercise exclusive jurisdiction over child custody pro-
ceedings involving Indian children who reside or are domi-
ciled within any of the following geographic areas may as-
sume jurisdiction exclusive as to any State over such pro-
ceedings: 
‘‘(A) In the case of a tribe presently located in 
Oklahoma, the lands that are within the jurisdic-
tional area of any such Indian tribe and are within 
the boundaries of such Indian tribe’s last reservation 
established by final treaty, Federal agreement, Exec-
utive or secretarial order, Executive or secretarial 
proclamation, United States patent, Federal statute, 
or final judicial or administrative determination. 
‘‘(B) Lands located in a State other than Okla-
homa, including Alaska, that are within the Indian 
tribe’s last recognized reservation within the State 
or States within which such Indian tribe is presently 
located, including the disestablished area or portion, 
if any, of such reservation.
‘‘(C) In the case of an Indian tribe located in 
Alaska—
‘‘(i) lands selected by a village corporation 
pursuant to sections 12(a) and (b) and 16(b) 
and (d) of the Alaska Native Claims Settlement 
Act (85 Stat. 688, 701, 706; 42 U.S.C. 1611(a) 
and (b) and 1615(b) and (d)); 
‘‘(ii) any other lands located within the ex-
terior boundaries of or contiguous to the areas 
described in clause (i) of this subparagraph, in-
cluding the lands described in section 22(l) of 
the Alaska Native Claims Settlement Act (85 
Stat. 688, 715; 42 U.S.C. 1921(l)); or 
‘‘(iii) lands withdrawn pursuant to section 
14(h) of the Alaska Native Claims Settlement 
Act (85 Stat. 688, 704, 705; 42 U.S.C. 
1613(h)), that are located within a 25-mile ra-
dius of the seat of government of any such In-
dian tribe. 
‘‘(D) Lands owned in fee simple by an Indian 
tribe. 
‘‘(2) Whenever, under existing Federal law, a State 
has exercised or is exercising exclusive jurisdiction over 
child custody proceedings arising in any of the areas de-
scribed in paragraph (1), a tribe may assume jurisdiction,
for the purposes of said paragraph, that is exclusive as 
to any State or concurrent with the jurisdiction exercised 
by any State. Such an Indian tribe may limit its assump-
tion of jurisdiction to types of child custody proceedings, 
transfer jurisdiction under section 101(b), or otherwise as-
sume less than exclusive jurisdiction over child custody 
proceedings. 
‘‘(c) RESOLUTION
OF GOVERNING BODY.—Before 
any Indian tribe may assume jurisdiction over Indian child 
custody proceedings pursuant to this section, the Indian 
tribe shall present to the Secretary a resolution of its gov-
erning body authorizing the assumption of such jurisdic-
tion. The governing body of an Indian tribe referred to 
in subsection (b) shall include in its jurisdiction assump-
tion resolution a clear and definite description of the terri-
tory over which jurisdiction is to be assumed and, in ac-
cordance with subsection (b)(2), the nature of the jurisdic-
tion assumed. 
‘‘(d) PUBLICATION OF NOTICE.—Not later than 60 
days after receipt of a jurisdiction assumption resolution 
from the governing body of an Indian tribe, the Secretary 
shall publish in the Federal Register a notice that includes 
the resolution and informs the public of the Indian tribe’s 
action. The Secretary shall also notify the affected State 
or States of such resolution. The Indian tribe concerned
shall assume jurisdiction 30 days after publication in the 
Federal Register of the notice of the Indian tribe’s resolu-
tion unless such resolution specifies a later date. 
‘‘(e) RETROCESSION OF JURISDICTION.—Any Indian 
tribe that, pursuant to this section, has assumed jurisdic-
tion exclusive as to any State over child custody pro-
ceedings may retrocede all or any part of such jurisdiction 
as it assumed to any such State by presenting to the Sec-
retary a resolution of its governing body authorizing the 
retrocession of such jurisdiction. Not later than 60 days 
after receipt of a jurisdiction retrocession resolution from 
the governing body of an Indian tribe, the Secretary shall 
publish in the Federal Register a notice that includes the 
resolution and informs the public of the Indian tribe’s ac-
tion. The Secretary shall also notify the affected State or 
States of such resolution. The retrocession of jurisdiction 
shall take effect 30 days after publication in the Federal 
Register of the notice of the Indian tribe’s resolution un-
less such resolution specifies a later date. Nothing in this 
subsection shall affect the right of any Indian tribe to as-
sume jurisdiction, pursuant to this section, subsequent to 
a retrocession of such jurisdiction. 
‘‘(f) EFFECT ON CERTAIN ACTIONS.—Assumption or 
retrocession of jurisdiction under this section shall not af-
fect any action or proceeding over which a court has al-
ready assumed jurisdiction, except as may be provided in 
an order of such court or pursuant to any agreement 
under section 109.’’. 
SEC. 17. TRIBAL-STATE AGREEMENTS. 
(a) JURISDICTIONAL ISSUES.—Section 109 of the In-
dian Child Welfare Act of 1978 (25 U.S.C. 1919) is 
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 
(2) by adding at the end the following: 
‘‘(2) An agreement entered into under paragraph (1) 
may recognize the concurrent or exclusive jurisdiction of 
an Indian tribe over child custody proceedings involving 
the Indian children of such tribe that arise within any 
lands in the State described in such agreement, including 
all or any portion of the lands included within a service 
area designated for such tribe by or pursuant to law or 
regulation. Nothing in this paragraph shall affect the right 
of any such Indian tribe to assume exclusive or other juris-
diction within the areas described in section 108(a) and 
(b).’’. 
(b) SUPERSEDING AUTHORITY
OF TRIBAL-STATE 
AGREEMENTS.—Section 109 of the Indian Child Welfare 
Act of 1978 (25 U.S.C. 1919) is amended by adding at 
the end the following:
‘‘(c) An agreement respecting the care and custody 
of, or jurisdiction over, Indian children, entered into under 
subsection (a), shall govern such care, custody, and juris-
diction, any law to the contrary notwithstanding. For pur-
poses of carrying out any agreement entered into pursuant 
to this section, the terms ‘Indian child’ and ‘Indian tribe,’ 
as defined in any such agreement, shall govern. Nothing 
in this subsection shall be construed to authorize Federal 
funds appropriated for Indian tribes, or for the members 
of Indian tribes, to be expended for any other person or 
entity.’’. 
SEC. 18. CONTENT OF NOTICES; FRAUDULENT REPRESEN-
TATION; VISITATION; ALASKA NATIVE INHER-
ITANCE 
RIGHTS; 
COMPLIANCE 
REVIEWS; 
CHILDREN OF STATE RECOGNIZED TRIBES. 
Title I of the Indian Child Welfare Act of 1978 (25 
U.S.C. 1911 et seq.) is amended by adding at the end 
the following new sections: 
‘‘SEC. 114. CONTENT OF NOTICES. 
‘‘(a) PROCEEDINGS IN GENERAL.—Each written no-
tice provided under subsection 102(a)(1), 102(g)(1), 
102(h)(1), 103(c)(1), 103(h)(1), and 103(i)(1) shall be 
based on a good faith investigation and contain the fol-
lowing:
‘‘(11) A statement describing the right of each 
Indian tribe identified under paragraph (9) to inter-
vene in the proceeding referred to in paragraph (6). 
‘‘(12) A statement describing the right of each 
extended family member identified under paragraph 
(3) to intervene in the proceeding referred to in 
paragraph (6) in order to seek the placement of the 
Indian child, including the following: 
‘‘(A) A description of any information that 
must be provided by the extended family mem-
ber in order for such member to be considered 
as a placement for the Indian child; and 
‘‘(B) A description of the procedure that 
an extended family member must follow in 
order to be considered as a placement for the 
child, including the dates by which an extended 
family member must take any action required 
in order to be so considered. 
‘‘(13) A statement that each extended family 
member identified under paragraph (3) has the right 
to seek the placement of the Indian child without 
having to intervene in the proceeding referred to in 
paragraph (6), including the information required 
under paragraph 12.
‘‘(14) A statement describing the right of the 
parent or Indian custodian and of each Indian tribe 
identified under paragraph (9) to request that the 
proceeding be transferred to the tribal court of the 
Indian child’s tribe. 
‘‘(15) A statement of the potential legal con-
sequences of an adjudication of the complaint or pe-
tition on the rights of any parent, Indian custodian, 
extended family member, or Indian tribe and the po-
tential legal consequences for failing to respond to 
the complaint or petition. 
‘‘(16) A statement as to whether a written re-
sponse to the complaint, petition, or notice must be 
filed and, if so, the date that the response must be 
received by the court. The statement shall include an 
explanation of the legal consequences of failure to 
file such written response. 
‘‘(17) A copy of any complaint or petition and 
court orders. 
‘‘(b) PROCEEDINGS UNDER SECTION 102.—In addi-
tion to the information required under subsection (a), any 
notice provided under section 102(a)(1) shall contain the 
following: 
‘‘(1) A statement that a parent or Indian custo-
dian unable to afford counsel may request that the
court appoint counsel to represent such parent or 
Indian custodian. 
‘‘(2) If applicable, a statement of the right of 
the parent or Indian custodian and the Indian 
child’s tribe to request at least 20 additional days, 
from the date of receipt of notice of the proceeding, 
to prepare for the proceeding. 
‘‘(3) As may be applicable, a statement of the 
circumstances supporting, or that supported, a fos-
ter care placement, termination of the parental 
rights of the parent of the Indian child, or the adop-
tive placement of the Indian child. 
‘‘(4) A statement of the right of each party to 
examine all reports or other documents filed with 
the court upon which any decision with respect to 
the complaint or petition may be based. 
‘‘(5) If applicable, a statement of the reasons 
why the foster care, preadoptive, or adoptive place-
ment of the Indian child involved was terminated or 
changed and the date of such termination or change. 
‘‘(c) NOTICE UNDER SECTION 103(c).—In addition 
to the information required under subsection (a), any no-
tice provided under section 103(c)(1) shall contain the fol-
lowing:
‘‘(1) An inquiry concerning whether the Indian 
tribe that receives notice under section 103(c) in-
tends to intervene under section 103(e) or waive any 
such right to intervention. 
‘‘(2) A statement that, if the Indian tribe that 
receives notice under section 103(c) fails to respond 
in accordance with section 103(e) by the applicable 
date specified in that subsection, the right of that 
Indian tribe to intervene in the proceeding involved 
shall be considered to have been waived by that In-
dian tribe unless that Indian tribe did not receive 
notice in accordance with the requirements of section 
103(c) and this section. 
‘‘(3) If applicable, a statement of the reasons 
why the adoptive placement of the Indian child in-
volved was terminated or changed and the date of 
such termination or change. 
‘‘(d) NOTICE UNDER SECTION 103(h).—In addition 
to the information required under subsection (a), any no-
tice provided under section 103(h)(1) shall contain the fol-
lowing: 
‘‘(1) In the case of a notice of a termination or 
change in an adoptive placement—
‘‘(A) a description of the rights of the par-
ent or parents of an Indian child under para-
graphs (2) and (3) of section 103(b) and, if ap-
plicable, section 106(a); and 
‘‘(B) if applicable, a statement of the rea-
sons why the adoptive placement of the Indian 
child involved was terminated or changed and 
the date of such termination or change. 
‘‘(2) In the case of a notice of the commence-
ment of an adoption proceeding—
‘‘(A) the date on which the adoption pro-
ceeding, was commenced; and 
‘‘(B) if known, the date that is the end of 
the 180-day period beginning on the date on 
which the Indian child’s tribe received written 
notice of the adoptive placement. 
‘‘(3) In the case of a notice of the date on 
which the Indian child’s tribe received written notice 
of the adoptive placement—
‘‘(A) the date that is the end of the 180-
day period beginning on the date on which the 
tribe of the Indian child received such written 
notice of the adoptive placement; and 
‘‘(B) if known, the date that is the end of 
the 30-day period beginning on the date on 
which the parent revoking consent received no-
tice of the commencement of the adoption pro-
ceeding. 
‘‘SEC. 115. FRAUDULENT REPRESENTATION. 
‘‘(a) IN GENERAL.—With respect to any proceeding 
subject to this Act involving an Indian child or a child 
who may be considered to be an Indian child for purposes 
of this Act, a person, other than a birth parent of the 
child, shall, upon conviction, be subject to a criminal sanc-
tion under subsection (b) if that person knowingly and 
willfully—
‘‘(1) falsifies or conceals or covers up by any 
trick, scheme, or device, a material fact concerning 
whether, for purposes of this Act—
‘‘(A) a child is an Indian child; or 
‘‘(B) a parent is an Indian; 
‘‘(2)(A) makes any false, fictitious, or fraudu-
lent statement, omission, or representation; or 
‘‘(B) falsifies a written document knowing that 
the document contains a false, fictitious, or fraudu-
lent statement or entry relating to a material fact 
described in paragraph (1); or 
‘‘(3) assists any person in physically removing 
a child from the United States in order to obstruct 
the application of this Act.
‘‘(b) CRIMINAL SANCTIONS.—The criminal sanctions 
for a violation referred to in subsection (a) are as follows: 
‘‘(1) For the first violation, a person shall be 
fined in accordance with section 3571 of title 18, 
United States Code, or imprisoned not more than 1 
year, or both. 
‘‘(2) For any subsequent violation, a person 
shall be fined in accordance with section 3571 of 
title 18, United States Code, or imprisoned not more 
than 5 years, or both. 
‘‘SEC. 116. VISITATION. 
‘‘Notwithstanding any other provision of law (includ-
ing any State law)—
‘‘(1) a court may approve, as part of an adop-
tion decree of that Indian child, an agreement that 
states that a birth parent, an extended family mem-
ber, or the Indian child’s tribe shall have an enforce-
able right of visitation or continued contact with the 
Indian child after the entry of a final decree of 
adoption; and 
‘‘(2) the failure to comply with any provision of 
a court order concerning the continued visitation or 
contact under paragraph (1) shall not be considered 
to be grounds for setting aside a final decree of 
adoption.
‘‘SEC. 117. ALASKA NATIVE POSTADOPTION INHERITANCE 
RIGHTS. 
‘‘(a) LAWS GOVERNING INTESTATE SUCCESSION.—
(1) Subject to any Federal law governing the intestate suc-
cession of the estate of any Indian, including any law en-
acted pursuant to any such Federal law, but notwith-
standing the law of any State otherwise to the contrary, 
upon the entry of an order terminating the parental rights 
of a parent of an Alaska Native child or a decree of adop-
tion, whether interlocutory or final, of an Alaska Native 
child in any State court or whenever an Alaska Native 
child is otherwise deemed to have been adopted under the 
law of any State, the right of the Alaska Native child and 
the issue of the Alaska Native child to inherit from and 
through the Alaska Native child’s natural parents and 
their kindred under the laws governing intestate succes-
sion of any such State shall not be affected by reason of 
such adoption or termination. The property of such nat-
ural parents and their kindred shall pass to the Alaska 
Native child and the issue of the Alaska Native child if, 
under the laws governing intestate succession, the Alaska 
Native child or issue would have taken had the decedent’s 
parental rights not been terminated or had the Alaska Na-
tive child not been adopted. 
‘‘(2) If an Alaska Native child who has been adopted, 
or whose relationship with a parent has been terminated,
shall die intestate, without surviving issue, any real or per-
sonal property of the Alaska Native child derived by deed, 
gift, will, or inheritance from the Alaska Native child’s 
natural parents, or from either of them or their kindred, 
and capable of identification as such, shall pass, according 
to the statutes governing intestate succession, to those 
persons who would have taken had the decedent not been 
adopted or had such decedent’s relationship with a parent 
not been terminated. 
‘‘(3) An adopted Alaska Native child who is related 
to the decedent both by natural relationship and by adop-
tion shall be entitled to inherit only under the natural rela-
tionship unless the decedent is also the adoptive parent, 
in which case the adoptive child shall then be entitled to 
inherit pursuant to the adoptive relationship only. 
‘‘(b) TESTAMENTARY SUCCESSION.—(1) Subject to 
any Federal law governing the testamentary disposition of 
the estate of any Indian and notwithstanding the law of 
any State otherwise to the contrary, upon the entry of an 
order terminating the parental rights of a parent of an 
Alaska Native child or the entry of a decree of adoption, 
whether interlocutory or final, of an Alaska Native child 
in any State court or whenever an Alaska Native child 
is otherwise deemed to have been adopted under the laws 
of any State, the right of the Alaska Native child and the
issue of the Alaska Native child to take under the provi-
sions of any instrument of testamentary gift, bequest, de-
vise, or legacy, whether executed before or after the decree 
of adoption or termination, shall not be affected by reason 
of such adoption or termination if the Alaska Native child 
or issue is expressly included therein by name, whether 
so known prior to or after adoption, or by some classifica-
tion based on a parent-child or family relationship, not-
withstanding that such relationship, as a matter of law, 
may have been altered or severed by the decree of adop-
tion, termination or otherwise, unless such instrument ex-
presses a contrary intention in defining or describing any 
such class. 
‘‘(2) For purposes of this subsection, unless the tes-
tator, testatrix, or creator expresses a contrary intention, 
a disposition of property to persons described in any in-
strument as the issue, children, descendants, heirs, heirs-
at-law, next of kin, distributees (or by any term of like 
import) of such testator, testatrix, or creator includes any 
Alaska Native child who is the biological child of such tes-
tator, testatrix, or creator, and who has been adopted or 
whose relationship with a parent has been terminated, and 
the issue of such child. 
‘‘(3) A person who, by reason of this subsection, 
would be a member of the designated class, or a member
of two or more designated classes pursuant to a single in-
strument, both by natural relationship and by adoption 
shall be entitled to benefit only under the natural relation-
ship, unless the testator, testatrix, or creator is the adop-
tive parent, in which case the person shall then be entitled 
to benefit only under the adoptive relationship. 
‘‘(c) TRUSTS BENEFITING ALASKA NATIVE CHIL-
DREN.—Subject to any Federal law governing the right 
to benefit from a trust created by any Indian and notwith-
standing the law of any State otherwise to the contrary, 
upon the entry of an order terminating the parental rights 
of a parent of an Alaska Native child or the entry of a 
decree of adoption, whether interlocutory or final, of an 
Alaska Native child in any State court or whenever an 
Alaska Native child is otherwise deemed to have been 
adopted under the laws of any State, any interest of the 
Alaska Native child and the issue of the Alaska Native 
child in a trust or trust equivalent, whether created before 
or after the decree of adoption or termination, shall not 
be affected by reason of such adoption or termination if 
the Alaska Native child or issue is expressly included 
therein by name, whether so known prior to or after adop-
tion, or by some classification based on a parent-child or 
family relationship, notwithstanding that such relation-
ship, as a matter of law, may have been altered or severed
by the decree of adoption, termination, or otherwise, un-
less such trust or trust equivalent expresses a contrary 
intention in defining or describing any such class. 
‘‘(d) EFFECT
OF CONFLICTING TRIBAL LAW.— 
Whenever any provision of this section is contrary to the 
law or custom of the tribe of an Alaska Native child, in-
cluding a determination by a tribal court defining such 
law or custom or applying such law or custom in a manner 
affecting the rights under this section of an identified 
Alaska Native child, such provision shall have no force or 
effect. 
‘‘(e) SPECIAL RULE FOR EQUITABLE ADOPTIONS.—
Any provision of this section to the contrary notwith-
standing, whenever an Alaska Native child is deemed to 
have been equitably adopted under the laws of any State 
or whenever such a child has been adopted pursuant to 
the customs of an Indian tribe located in the State of Alas-
ka, such child shall not have the right pursuant to this 
section to inherit or take property from or through a nat-
ural parent or, as the case may be, from or through an 
adoptive parent when—
‘‘(1) such parent is a member of an Indian 
tribe located in the State of Alaska; and 
‘‘(2) such a right is contrary to the laws or cus-
toms of such tribe.
‘‘(f) EFFECTIVE DATE.—This section shall apply to 
intestate estates on the date of enactment of this Act and 
to any testamentary instrument of a person who dies on 
or after the date that is 180 days after the date of enact-
ment of this Act, including lifetime instruments executed 
on or after such date and lifetime instruments theretofore 
executed which on the date of enactment of this Act are 
subject to the grantor’s power to revoke or amend. 
‘‘(g) VESTED RIGHTS.—(1) The provisions of this 
section shall not impair or defeat any rights which have 
vested before the date that is 180 days after the date of 
enactment of this Act, or which have vested prior to any 
adoption regardless of when the adoption occurred. 
‘‘(2) Nothing in this section shall impair or defeat 
the right of any Alaska Native child who has been adopted 
to inherit from and through the Alaska Native child’s 
adoptive parents and their kindred under the law of devise, 
descent, and distribution of any State. 
‘‘(h) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘Alaska Native child’ shall mean 
any adopted person who is a ‘Native’ as defined in 
section 3(b) of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1602(b)) or any adopted person who 
is a member of or eligible for membership in an In-
dian tribe located in the State of Alaska; and
‘‘(2) the term ‘natural parent’ or ‘parent’ shall 
mean any biological parent of an Alaska Native 
child, including the unwed father where paternity 
has been acknowledged or established. 
‘‘SEC. 118. COMPLIANCE REVIEWS. 
‘‘(a) IN GENERAL.—The Secretary of Health and 
Human Services, in consultation with the Secretary of the 
Interior and Indian tribes, shall promulgate regulations 
for the review and determination of whether States and 
State agencies, including agencies licensed by the State, 
are acting in substantial conformity with the requirements 
of this Act in matters involving Indian children subject 
to this Act. Regulations promulgated pursuant to this sec-
tion shall place special emphasis on reviewing substantial 
conformity with the placement preference requirements of 
section 105 and prioritize enforcement of conformity with 
such requirements. 
‘‘(b) MINIMUM STANDARDS.—For purposes of con-
formity determinations with respect to section 105, the 
regulations promulgated pursuant to this section shall fix 
minimum standards for such conformity, which may in-
clude standards for each State or such other standards 
as the Secretary may determine to be most practical and 
effective in achieving compliance with the placement pref-
erence requirements of section 105. Whenever a State is
not in substantial conformity with such standards, the 
Secretary shall require an action plan under subsection 
(d)(6)(A). 
‘‘(c) REPORT.—For the purpose of establishing or ad-
justing the minimum standards applicable to determining 
conformity with the requirements of section 105, the Sec-
retary shall prepare, in consultation with the Secretary of 
the Interior and Indian tribes, a report identifying on a 
State-by-State basis for each year from 1995 through the 
date of the enactment of this Act—
‘‘(1) the number of Indian children placed in 
foster, preadoptive, or adoptive homes; 
‘‘(2) the number of Indian children placed in 
each of the preferred placement preference cat-
egories designated in section 105; and 
‘‘(3) the number of Indian children not placed 
in a preferred placement category. 
For those children not placed in a preferred placement 
category, the report shall identify the good cause basis for 
the placement. The report shall include placements made 
by public agencies, agencies licensed by a State, and indi-
viduals. The report shall be completed not later than one 
year following the effective date of this section. 
‘‘(d) ELEMENTS OF REVIEW SYSTEM.—The regula-
tions referred to in subsection (a) of this section shall—
‘‘(1) limit conformity reviews to States in which 
either an Indian tribe is located or there is an In-
dian population of more than 10,000; 
‘‘(2) require consultation with the Secretary 
and affected Indian tribes in planning and carrying 
out any conformity review; 
‘‘(3) specify the timetable for conformity re-
views, including—
‘‘(A) an initial review of each covered State 
not later than 3 years after the promulgation of 
the regulations referred to in subsection (a); 
‘‘(B) a timely review of a covered State’s 
conformity following a review in which such 
program was found not to be in substantial con-
formity; and 
‘‘(C) less frequent reviews of States which 
have been found to be in substantial conformity, 
but such regulations shall require reviews at 
least every 3 years and shall permit the Sec-
retary to reinstate more frequent reviews based 
on information that indicates that a State may 
not be in conformity; 
‘‘(4) specify the requirements subject to review 
and the criteria to be used to measure conformity
with such requirements and to determine whether 
there is a substantial failure to so conform; 
‘‘(5) require the Secretary, not later than 10 
days after a final determination that a State or any 
of its agencies, including agencies licensed by the 
State, is not in conformity, to notify the State of the 
basis for the determination; 
‘‘(6) require the Secretary, with respect to any 
State found to have failed substantially to so con-
form—
‘‘(A) to afford the State an opportunity to 
adopt and submit to the Secretary for approval, 
not later than 120 days after such final deter-
mination, a corrective action plan to end the 
failure to so conform, designed with specific im-
plementation timetables, and developed in con-
sultation with affected Indian tribes, Indian or-
ganizations within such State with expertise 
concerning the requirements of this Act or, in 
the absence of such Indian tribes or Indian or-
ganizations, national Indian organizations with 
such expertise; and 
‘‘(B) to make technical assistance available 
to the State to the extent feasible to enable the
State to develop and implement such a correc-
tive action plan; and 
‘‘(7) require the Secretary, not later than 60 
days after the date on which a State submits a cor-
rective action plan, to—
‘‘(A) approve the plan; or 
‘‘(B)(i) if the corrective action plan does 
not meet the requirements for approval, consult 
with the State, the Secretary of the Interior 
and affected Indian tribes and seek agreement 
from the State to modifications that meet such 
requirements; and 
‘‘(ii) in the absence of an agreement with 
the State, amend the plan to include such modi-
fications as the Secretary may deem necessary 
in order to approve such plan. 
‘‘(e) PROMULGATION OF REGULATIONS.—The regu-
lations referred to in subsection (a) shall be promulgated 
not later than 180 days after the date of the enactment 
of this Act. 
‘‘(f) ENFORCEMENT
OF NONCONFORMITY DETER-
MINATION.—
‘‘(1) IN GENERAL.—Whenever a State or any 
agency of the State, including agencies licensed by 
the State, has failed to adopt a corrective action
plan within 180 days after a final determination by 
the Secretary that the State or agency is not in con-
formity with the requirements of this Act or has 
failed to implement a corrective action plan within 
the timeframes specified in such corrective action 
plan, the Attorney General may bring an action 
against the State or agency in any appropriate 
United States district court seeking to compel the 
adoption of a corrective action plan or, as the case 
may be, to enforce such corrective action plan 
through declaratory, injunctive, or other appropriate 
equitable relief. 
‘‘(2) ACTION BY AFFECTED INDIAN TRIBES.—
An action described in paragraph (1) may be 
brought by any affected Indian tribe against any ap-
propriate official of a State or, for failure to imple-
ment a corrective action plan, against any such offi-
cial or agency licensed by a State. 
‘‘(3) INTERVENTION.—Upon timely application, 
an affected Indian tribe shall have the right to inter-
vene in a civil action commenced by the Attorney 
General pursuant to paragraph (1) and the Attorney 
General shall have the right to intervene in a civil 
action commenced by any affected Indian tribe pur-
suant to paragraph (2).
‘‘(4) LIMITATION
OF
ACTIONS.—An action 
under paragraph (1) may not be brought more than 
3 years after the date of the Secretary’s determina-
tion. The computation of the 3-year period shall not 
include any time during which an administrative 
proceeding was pending with respect to the Sec-
retary’s determination. 
‘‘(5) ATTORNEY’S FEES.—In an action or pro-
ceeding brought pursuant to paragraph (1) or (2), 
the court, in its discretion, may allow a prevailing 
Indian tribe reasonable attorney’s fees, including ex-
pert fees, as part of the costs. For purposes of this 
subsection, an Indian tribe shall be deemed to have 
prevailed where a judgment, consent decree, or order 
results in requiring a State to adopt a corrective ac-
tion plan, or in the enforcement of all or part of a 
corrective action plan or when a State or an agency 
of the State, including an agency licensed by the 
State, voluntarily implements all or part of correc-
tive action plan as a result of the action. 
‘‘SEC. 119. CHILDREN OF STATE-RECOGNIZED AND CANA-
DIAN TRIBES. 
‘‘(a) For the purposes of sections 101(c), 102, 103, 
104, 105, 106, 107, 110, 111, 112, 114, 115, and 116, 
the term ‘Indian child’ shall include any unmarried person
who is under age 18 who is a member of or eligible for 
membership in a tribe recognized by a State, or by the 
Government of Canada or any province or territory there-
of, and the term ‘Indian tribe’ shall include such tribal 
entities, when such a tribe has adopted and provided to 
the Secretary a resolution—
‘‘(1) consenting to the application of such provi-
sions to such children; 
‘‘(2) describing the requirements for tribal 
membership and annexing any constitution, laws, or 
regulations stating such requirements; 
‘‘(3) providing the tribe’s address and telephone 
number; 
‘‘(4) identifying one or more individuals who 
can be contacted with respect to matters arising 
under this Act together with information on how to 
contact any such individuals; 
‘‘(5) identifying the name, address, and tele-
phone number of the tribe’s agent for service of 
process; and 
‘‘(6) including, as an attachment, a law or 
other documentation from a State or from said Gov-
ernment of Canada or any province or territory 
thereof establishing that such State or said Govern-
ment of Canada or any province or territory thereof
recognizes such tribe and, in the case of a tribe rec-
ognized by a State, that such State consents to the 
application of such provisions to such tribe’s chil-
dren. 
‘‘(b) Not later than 60 days after receipt of a resolu-
tion described in subsection (a)(1) or the documentation 
described in subsection (a)(2), the Secretary shall publish 
in the Federal Register a notice that includes such resolu-
tion or documentation and informs the public that the pro-
visions of this Act identified in subsection (a) apply to the 
tribe or tribes identified in such notice and to children who 
are members of or eligible for membership in such tribe 
or tribes. The Secretary shall also notify the affected State 
or States of such publication. The provisions of this Act 
identified in subsection (a) shall apply to such tribe or 
tribes and children 30 days after publication in the Fed-
eral Register of the notice of such resolution or docu-
mentation. 
‘‘(c) The tribe of a child covered under subsection (a) 
may by resolution designate a federally recognized Indian 
tribe or an Indian organization as its agent for the pur-
poses of this Act. Any such resolution shall not be effective 
unless delivered to the Secretary together with a resolution 
of the designated Indian tribe or Indian organization con-
senting to such designation. Not later than 60 days after
receipt of the resolution of an Indian tribe of a child cov-
ered under subsection (a), the Secretary shall publish in 
the Federal Register a notice that includes such resolu-
tion. The designation shall be effective upon such publica-
tion unless the resolution specifies a later effective date.’’. 
SEC. 19. DEFINITIONS. 
Section 4 of the Indian Child Welfare Act of 1978 
(25 U.S.C. 1903) is amended—
(1) by amending paragraph (1)(i), (1)(iii), and 
(1)(iv) to read as follows: 
‘‘(i) ‘foster care placement’ which shall 
mean any action which may result in the place-
ment of an Indian child in a foster home or in-
stitution or in the home of a guardian or con-
servator, where parental rights have not been 
terminated; 
‘‘(ii) ‘preadoptive placement’ which shall 
mean the placement of an Indian child in a fos-
ter home or institution or in the home of a 
guardian or conservator after the termination of 
parental rights, but prior to or in lieu of adop-
tive placement, or any action which results in 
the prospective adoptive placement of an Indian 
child prior to any termination of parental 
rights; and
‘‘(iii) ‘adoptive placement’ which shall 
mean the permanent placement of an Indian 
child in the home of a guardian or conservator 
or for adoption, including any action resulting 
in a final decree of adoption.’’; 
(2) in paragraph (3), by inserting before the 
semicolon at the end the following: ‘‘, or for pur-
poses of section 107, any person who is seeking to 
determine eligibility for tribal membership’’; 
(3) by amending paragraphs (4) and (5) to 
read as follows: 
‘‘(4) ‘Indian child’ means any unmarried person 
who is less than 18 years of age and—
‘‘(A) is a member of an Indian tribe; 
‘‘(B) is eligible for membership in an In-
dian tribe; or 
‘‘(C) if the child is not a member of or eli-
gible for membership in an Indian tribe, the 
child is certified by an Indian tribe to be a part 
of its community and is a child of a member of 
an Indian tribe or of a person who is eligible for 
membership in an Indian tribe and—
‘‘(i) resides or is domiciled within the 
reservation of such child’s parent or grand-
parent;
‘‘(ii) is an Alaska Native who resides 
or is domiciled within an Alaska Native vil-
lage; or 
‘‘(iii) resides or is domiciled within 
any lands described in a resolution of an 
Indian tribe adopted pursuant to section 
108(c). 
‘‘(5) ‘Indian child’s tribe’ means—
‘‘(A) the Indian tribe in which an Indian 
child is a member or eligible for membership; 
‘‘(B) for an Indian child described in para-
graph (4)(C), an Indian tribe that certifies such 
a child to be part of its community; or 
‘‘(C) in the case of an Indian child who is 
certified to be part of the community of more 
than 1 Indian tribe, the Indian tribe with which 
the Indian child has the most significant con-
tacts, unless the Indian tribe with which the In-
dian child has the most significant contacts des-
ignates, with the consent of the Indian tribe to 
be designated as the Indian child’s tribe, an-
other Indian tribe in which the Indian child is 
a member, eligible for membership, or of which 
the Indian child is certified to be part of the 
community.’’; and
(4) in paragraph (9), by striking ‘‘Indian’’ the 
second place it appears and inserting after the first 
sentence the following: ‘‘Except for the purposes of 
sections 103(b) and (h), 104, 105(d), 106(a) and 
(b), 107, and 301, the term shall not include any 
person whose parental rights have been termi-
nated.’’. 
SEC. 20. LICENSING OR APPROVAL QUALIFICATIONS FOR 
ASSISTANCE. 
The last sentence of section 201(b) of the Indian 
Child Welfare Act of 1978 (25 U.S.C. 1931(b)) is amend-
ed by striking ‘‘For purposes’’ and inserting ‘‘Notwith-
standing any law or regulation to the contrary, for pur-
poses.’’. 
SEC. 21. FOSTER AND ADOPTIVE HOME BACKGROUND 
CHECKS, LICENSING, AND APPROVAL. 
Section 408 of the Indian Child Protection and Fam-
ily Violence Prevention Act (25 U.S.C. 3207) is amended 
by adding at the end the following: 
‘‘(d)(1) Investigations conducted under this section 
shall be deemed to satisfy any requirement under any 
other Federal law for background checks in connection 
with the placement of an Indian child in a foster home, 
an institution, or an adoptive home.
‘‘(2) Any foster or adoptive home licensed or ap-
proved by an Indian tribe under standards equal to or 
more stringent than those established under subsection 
(c)(2) shall be deemed to satisfy the requirements of any 
other Federal law pertaining to the licensing or approval 
of foster or adoptive homes.’’. 
SEC. 22. SEVERABILITY. 
Section 403 of the Indian Child Welfare Act of 1978 
(25 U.S.C. 1963) is amended to read as follows: 
‘‘SEC. 404. SEVERABILITY. 
‘‘If any provision of this Act or the application there-
of to any person or circumstance is held invalid, the re-
mainder of this Act and the application of such provision 
to other persons or circumstances shall not be affected 
thereby.’’.
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