Albuquerque Indian School Act
PL 110-453 (S.1193), enacted 12/02/2008

122 STAT. 5027 
PUBLIC LAW 110–453—DEC. 2, 2008 
Public Law 110–453 
110th Congress 
An Act 
To direct the Secretary of the Interior to take into trust 2 parcels of Federal 
land for the benefit of certain Indian Pueblos in the State of New Mexico, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
TITLE I—ALBUQUERQUE INDIAN 
SCHOOL ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Albuquerque Indian School 
Act’’. 
SEC. 102. DEFINITIONS. 
In this title: 
(1) 19 PUEBLOS.—The term ‘‘19 Pueblos’’ means the New 
Mexico Indian Pueblos of— 
(A) Acoma; 
(B) Cochiti; 
(C) Isleta; 
(D) Jemez; 
(E) Laguna; 
(F) Nambe; 
(G) Ohkay Owingeh (San Juan); 
(H) Picuris; 
(I) Pojoaque; 
(J) San Felipe; 
(K) San Ildefonso; 
(L) Sandia; 
(M) Santa Ana; 
(N) Santa Clara; 
(O) Santo Domingo; 
(P) Taos; 
(Q) Tesuque; 
(R) Zia; and 
(S) Zuni. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior (or a designee). 
(3) SURVEY.—The term ‘‘survey’’ means the survey plat 
entitled ‘‘Department of the Interior, Bureau of Indian Affairs, 
Southern Pueblos Agency, BIA Property Survey’’ (prepared by 
Albuquerque 
Indian School 
Act. 
Dec. 2, 2008 
[S. 1193] 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00837
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5028 
PUBLIC LAW 110–453—DEC. 2, 2008 
John Paisano, Jr., Registered Land Surveyor Certificate No. 
5708), and dated March 7, 1977. 
SEC. 103. LAND TAKEN INTO TRUST FOR BENEFIT OF 19 PUEBLOS. 
(a) ACTION BY SECRETARY.— 
(1) IN GENERAL.—The Secretary shall take into trust all 
right, title, and interest of the United States in and to the 
land described in subsection (b) for the benefit of the 19 Pueblos 
immediately after the Secretary has confirmed that the 
National Environmental Policy Act of 1969 has been complied 
with regarding the trust acquisition of these Federal lands. 
(2) ADMINISTRATION.—The Secretary shall— 
(A) take such action as the Secretary determines to 
be necessary to document the transfer under paragraph 
(1); and 
(B) appropriately assign each applicable private and 
municipal utility and service right or agreement. 
(b) DESCRIPTION OF LAND.—The land referred to in subsection 
(a)(1) is the 2 tracts of Federal land, the combined acreage of 
which is approximately 8.4759 acres, that were historically part 
of the Albuquerque Indian School, more particularly described as 
follows: 
(1) EASTERN
PART
TRACT
B.—The approximately 2.2699 
acres located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of 
the New Mexico Principal Meridian in the city of Albuquerque, 
New Mexico, as identified on the survey and does not include 
the Western Part of Tract B containing 3.6512 acres. 
(2) NORTHERN PART TRACT D.—The approximately 6.2060 
acres located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of 
the New Mexico Principal Meridian in the city of Albuquerque, 
New Mexico, as identified on the survey and does not include 
the Southern Part of Tract D containing 6.1775 acres. 
(c) SURVEY.—The Secretary shall perform a survey of the land 
to be transferred consistent with subsection (b), and may make 
minor corrections to the survey and legal description of the Federal 
land described in subsection (b) as the Secretary determines to 
be necessary to correct clerical, typographical, and surveying errors. 
(d) USE OF LAND.—The land taken into trust under subsection 
(a) shall be used for the educational, health, cultural, business, 
and economic development of the 19 Pueblos. 
(e) LIMITATIONS AND CONDITIONS.—The land taken into trust 
under subsection (a) shall remain subject to any private or munic-
ipal encumbrance, right-of-way, restriction, easement of record, or 
utility service agreement in effect on the date of enactment of 
this Act. 
SEC. 104. EFFECT OF OTHER LAWS. 
(a) IN GENERAL.—Except as otherwise provided in this section, 
land taken into trust under section 103(a) shall be subject to Federal 
laws relating to Indian land. 
(b) GAMING.—No gaming activity (within the meaning of the 
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)) shall be 
carried out on land taken into trust under section 103(a). 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00838
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5029 
PUBLIC LAW 110–453—DEC. 2, 2008 
TITLE II—NATIVE AMERICAN 
TECHNICAL CORRECTIONS 
SEC. 201. COLORADO RIVER INDIAN TRIBES. 
The Secretary of the Interior may make, subject to amounts 
provided in subsequent appropriations Acts, an annual disburse-
ment 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. 202. 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. 203. LAND AND INTERESTS OF THE SAULT STE. MARIE TRIBE 
OF CHIPPEWA INDIANS OF MICHIGAN. 
(a) IN GENERAL.—Subject to subsections (b) and (c), notwith-
standing any other provision of law (including regulations), 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. 
(b) EFFECT OF SECTION.—Nothing in this section is intended 
to authorize the Tribe to transfer, lease, encumber, 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, encumbrance, 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 provision 
of law. This subsection shall not apply to land transferred or con-
veyed 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. 204. MORONGO BAND OF MISSION INDIANS LEASE EXTENSION. 
Subsection (a) of the first section of the Act of August 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 except leases of land for grazing purposes 
which may be for a term of not to exceed ten years’’. 
SEC. 205. COW CREEK BAND OF UMPQUA TRIBE OF INDIANS LEASING 
AUTHORITY. 
(a) AUTHORIZATION
FOR 99-YEAR LEASES.—Subsection (a) of 
the first section of the Act of August 9, 1955 (25 U.S.C. 415(a)), 
is amended in the second sentence by inserting ‘‘and lands held 
in trust for the Cow Creek Band of Umpqua Tribe of Indians,’’ 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00839
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5030 
PUBLIC LAW 110–453—DEC. 2, 2008 
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 renewed after the date 
of the enactment of this Act. 
SEC. 206. NEW SETTLEMENT COMMON STOCK ISSUED TO DESCEND-
ANTS, LEFT-OUTS, AND ELDERS. 
Section 7(g)(1)(B) of the Alaska Native Claims Settlement 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 amendment under clause 
(i) may provide that Settlement Common Stock 
issued to a Native pursuant to the amendment 
(or stock issued in exchange for that Settlement 
Common Stock pursuant to subsection (h)(3) or 
section 29(c)(3)(D)) shall be subject to 1 or more 
of the conditions described in subclause (II). 
‘‘(II) CONDITIONS.—A condition referred to in 
subclause (I) is a condition that— 
‘‘(aa) the stock described in that subclause 
shall be deemed to be canceled on the death 
of the Native to whom the stock is issued, 
and no compensation for the cancellation shall 
be paid to the estate of the deceased Native 
or any person holding the stock; 
‘‘(bb) the stock shall carry limited or no 
voting rights; and 
‘‘(cc) the stock shall not be transferred 
by gift under subsection (h)(1)(C)(iii).’’. 
SEC. 207. 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: ‘‘(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.—Sec-
tion 205(c)(2)(D)(i) of the Indian Land Consolidation Act (25 U.S.C. 
2204(c)(2)(D)(i)) is amended in the matter following subclause (III) 
by striking ‘‘by Secretary’’ and inserting ‘‘by the Secretary’’. 
(c) DESCENT
AND DISTRIBUTION.—Section 207 of the Indian 
Land Consolidation Act (25 U.S.C. 2206) is amended— 
(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 ‘‘decedent’’ and 
inserting ‘‘descent’’; and 
25 USC 415 note. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00840
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5031 
PUBLIC LAW 110–453—DEC. 2, 2008 
(iii) by striking clause (v) and inserting the fol-
lowing: 
‘‘(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: 
‘‘(2) INTESTATE DESCENT OF PERMANENT IMPROVEMENTS.— 
‘‘(A) DEFINITION
OF
COVERED
PERMANENT
IMPROVE-
MENT.—In this paragraph, the term ‘covered permanent 
improvement’ means a permanent improvement (including 
an interest in such an improvement) that is— 
‘‘(i) included in the estate of a decedent; and 
‘‘(ii) attached to a parcel of trust or restricted 
land that is also, in whole or in part, included in 
the estate of that decedent. 
‘‘(B) RULE OF DESCENT.—Except as otherwise provided 
in a tribal probate code approved under section 206 or 
a consolidation agreement approved under subsection (j)(9), 
a covered permanent 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 subsection; or 
‘‘(ii) pass to the recipient of the trust or restricted 
interest in land in the estate pursuant to a renunci-
ation under subsection (j)(8). 
‘‘(C) APPLICATION AND EFFECT.—The provisions of this 
paragraph apply to a covered permanent improvement— 
‘‘(i) even though that covered permanent improve-
ment is not held in trust; and 
‘‘(ii) without altering or otherwise affecting the 
non-trust status of such a covered permanent improve-
ment.’ ’’’; 
(2) in subsection (b)(2)(B)— 
(A) by redesignating clauses (i) through (iii) as sub-
clauses (I) through (III), respectively, and indenting the 
subclauses appropriately; 
(B) by striking ‘‘Any interest’’ and inserting the fol-
lowing: 
‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii), 
any interest’’;’’; 
(C) in subclause (III) of clause (i) (as designated 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 designated by 
subparagraph (B)) the following: 
‘‘(ii) EXCEPTION.— 
‘‘(I) IN GENERAL.—Notwithstanding 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 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00841
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5032 
PUBLIC LAW 110–453—DEC. 2, 2008 
described in clause (i) is a part requests the Sec-
retary to apply subparagraph (A)(ii) to devises of 
trust or restricted land under the jurisdiction of 
the Indian tribe, the interest may be devised in 
fee in accordance with subparagraph (A)(ii). 
‘‘(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 Secretary a copy of any resolu-
tion, 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 jurisdiction 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 devise of a trust or 
restricted interest in a parcel of land shall be presumed 
to include the interest of the testator in any permanent 
improvements attached to the parcel of land. 
‘‘(C) APPLICATION AND EFFECT.—The provisions of this 
paragraph apply to a covered permanent improvement— 
‘‘(i) even though that covered permanent improve-
ment is not held in trust; and 
‘‘(ii) without altering or otherwise affecting the 
non-trust status of such a covered permanent improve-
ment.’’; 
(4) in subsection (i)(4)(C), by striking ‘‘interest land’’ and 
inserting ‘‘interest in land’’; 
(5) in subsection (j)(2)(A)(ii), by striking ‘‘interest land’’ 
and inserting ‘‘interest in land’’; 
(6) in subsection (k), in the matter preceding paragraph 
(1), by inserting ‘‘a’’ after ‘‘receiving’’; and 
(7) in subsection (o)— 
(A) in paragraph (3)— 
(i) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii) and indenting the clauses appro-
priately; 
(ii) by striking ‘‘(3)’’ and all that follows through 
‘‘No sale’’ and inserting the following: 
‘‘(3) REQUEST TO PURCHASE; CONSENT REQUIREMENTS; MUL-
TIPLE REQUESTS TO PURCHASE.— 
‘‘(A) IN GENERAL.—No sale’’; 
(iii) by striking the last sentence and inserting 
the following: 
‘‘(B) MULTIPLE
REQUESTS
TO
PURCHASE.—Except for 
interests purchased pursuant to paragraph (5), if the Sec-
retary 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 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00842
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5033 
PUBLIC LAW 110–453—DEC. 2, 2008 
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)— 
(I) in the matter preceding clause (i)— 
(aa) by inserting ‘‘or surviving 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 rep-
resented’’; and 
(cc) by striking the period at the end and 
inserting ‘‘; and’’; 
(IV) by adding at the end the following: 
‘‘(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 jurisdiction over the 
interest is proposing to purchase the interest from 
an heir or surviving 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 appears; 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 ‘‘section 207(o)’’. 
(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 amendments made 
by subsection (c)(2) of this section to section 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 enactment of this Act. 
(2) SMALL UNDIVIDED INTERESTS IN INDIAN LANDS.—The 
amendments made by subsection (c)(7)(C) of this section to 
25 USC 2206 
note. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00843
Fmt 6580
Sfmt 6581
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW
122 STAT. 5034 
PUBLIC LAW 110–453—DEC. 2, 2008 
LEGISLATIVE HISTORY—S. 1193: 
SENATE REPORTS: No. 110–434 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Sept. 22, considered and passed Senate. 
Sept. 29, considered and passed House, amended. 
Nov. 19, Senate concurred in House amendments. 
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 interest under subsection (o)(5) of that section that was 
completed before the date of enactment of this Act. 
TITLE III—REAUTHORIZATION OF ME-
MORIAL TO MARTIN LUTHER KING, 
JR. 
SEC. 301. REAUTHORIZATION. 
Section 508(b)(2) of the Omnibus Parks and Public Lands 
Management Act of 1996 (40 U.S.C. 8903 note; 110 Stat. 4157, 
114 Stat. 26, 117 Stat. 1347, 119 Stat. 527) is amended by striking 
‘‘November 12, 2008’’ and inserting ‘‘November 12, 2009’’. 
Approved December 2, 2008. 
VerDate Aug 31 2005 
12:20 Dec 08, 2009
Jkt 069194
PO 00004
Frm 00844
Fmt 6580
Sfmt 6580
M:\STATUTES\2008\PT4\69194PT4.001
APPS10
PsN: 69194PT4
dkrause on DSK1YNZS61 with PUBLAW