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Reported to Senate (09/30/2004)

 
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 2843 Reported in Senate (RS)]






                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Technical 
Corrections Act of 2004''.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Interior.

SEC. 3. INDIAN ARTS AND CRAFTS ACT AMENDMENTS.

    (a) Powers of the Indian Arts and Crafts Board.--Section 2 of the 
Act of August 27, 1935 (25 U.S.C. 305a), is amended by inserting before 
the period at the end the following: ``; (j) to investigate violations 
of this Act; (k) to enforce this Act through the imposition of 
penalties for violations under section 6; (l) to request the Secretary 
of the Interior, with advice of the Solicitor, to enforce this Act 
through injunctive relief; (m) notwithstanding any other provision of 
law, to enter into reimbursable support agreements with Federal, State, 
tribal, regional, and local investigative or law enforcement entities 
in furtherance of the purposes and provisions of this Act''.
    (b) Appropriations.--Section 4 of the Act of August 27, 1935 (25 
U.S.C. 305c), is amended to read as follows:

``SEC. 4. APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated such 
sums as are necessary to pay the expenses of the Board and carry out 
this Act.
    ``(b) Fund.--All income received by the Board from any source shall 
be deposited in a special fund, which shall be available to be expended 
by the Board, without further appropriation, to carry out this Act.
    ``(c) Use of Amounts.--Amounts received by the Board resulting from 
any civil action or enforcement action brought under this Act may be 
used by the Board consistent with this Act, as necessary for the 
accomplishment for the purposes of this Act.''.
    (c) Referral for Criminal and Civil Violations; Complaints; 
Recommendations.--Section 5 of the Act of August 27, 1935 (25 U.S.C. 
305d), is amended to read as follows:

``SEC. 5. REFERRAL FOR CRIMINAL AND CIVIL PROCEEDINGS.

    ``(a) Criminal Proceedings.--
            ``(1) Investigation.--The Board shall investigate 
        violations of section 1159 of title 18, United States Code.
            ``(2) Action by the board.--After an investigation is 
        complete, or at any time during an investigation, the Board 
        may--
                    ``(A) refer the matter to the Attorney General for 
                additional investigation; and
                    ``(B) recommend to the Attorney General that 
                criminal proceedings be brought under section 1159 of 
                title 18, United States Code.
    ``(b) Civil Proceedings.--
            ``(1) Investigations.--The Board shall investigate 
        violations of section 6.
            ``(2) Action by the board.--After an investigation is 
        complete, or at any time during an investigation, the Board 
        may--
                    ``(A) levy penalties in accordance with section 6; 
                or
                    ``(B) refer the matter to the Attorney General for 
                civil action under section 6.
    ``(c) Mandatory Investigations.--The Board shall receive and 
investigate all complaints of violations of section 1159 of title 18, 
United States Code, and section 6.''.
    (d) Cause of Action for Misrepresentation of Indian-Produced 
Goods.--Section 6 of the Act of August 27, 1935 (25 U.S.C. 305e), is 
amended to read as follows:

``SEC. 6. CAUSE OF ACTION FOR MISREPRESENTATION OF INDIAN-PRODUCED 
              GOODS.

    ``(a) Definitions.--In this section:
            ``(1) Indian.--The term `Indian' means--
                    ``(A) an individual who is a member of an Indian 
                tribe; and
                    ``(B) an individual who, for the purposes of this 
                section, is certified as an Indian artisan by an Indian 
                tribe.
            ``(2) Indian product.--Subject to subsection (g), the term 
        `Indian product' has the meaning given the term in regulations 
        that may be promulgated by the Secretary.
            ``(3) Indian tribe.--The term `Indian tribe' means--
                    ``(A) an Indian tribe, band, nation, Alaska native 
                village, or other organized group or community that is 
                recognized as eligible for the special programs and 
                services provided by the United States to Indians 
                because of their status as Indians; and
                    ``(B) an Indian group that has been formally 
                recognized as an Indian tribe by a State legislature or 
                by a State commission or similar organization 
                legislatively vested with State tribal recognition 
                authority.
            ``(4) Product of a particular indian tribe or indian arts 
        and crafts organization.--Subject to subsection (g), the term 
        `product of a particular Indian tribe or Indian arts and crafts 
        organization' has the meaning given the term in regulations 
        that may be promulgated by the Secretary.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
    ``(b) Imposition of Penalties by the Board.--
            ``(1) In general.--The Board may impose a civil penalty 
        against a person that, directly or indirectly, offers or 
        displays for sale or sells a good, with or without a Government 
        trademark, in a manner that falsely suggests that the good is 
        Indian-produced, an Indian product, or the product of a 
        particular Indian or Indian tribe or Indian arts and crafts 
        organization resident within the United States.
            ``(2) Amount.--A civil penalty under paragraph (1) shall 
        not exceed 100 percent of the price of the goods offered or 
        displayed for sale in violation of the Act, not to exceed 
        $500,000 per person, per violation.
            ``(3) Factors affecting penalty amount.--In determining the 
        amount of a civil penalty to be imposed, the Board shall 
        consider--
                    ``(A) the severity of the violation;
                    ``(B) any history of prior violations; and
                    ``(C) whether the amount of the civil penalty will 
                be likely to deter future violations.
            ``(4) Injunctive relief.--If the Board determines that 
        enforcement of this Act under this section will be insufficient 
        to avoid irreparable harm, the Board, with the concurrence of 
        the Solicitor of the Department of the Interior, may request 
        the Secretary to seek injunctive relief in accordance with 
        section 2 in a court of competent jurisdiction.
            ``(5) Notice and appeal of board determination.--
                    ``(A) Notice.--
                            ``(i) In general.--If, as a result of an 
                        investigation conducted by the Board, it is 
                        determined that a violation of this Act has 
                        occurred, the Board may, at any time during the 
                        investigation, notify the person under 
                        investigation regarding the nature of the 
                        alleged violation.
                            ``(ii) Content.--A notice under clause (i) 
                        shall include, at a minimum--
                                    ``(I) a detailed description of the 
                                violation;
                                    ``(II) possible remedies, if 
                                appropriate;
                                    ``(III) opportunity to cure, if 
                                appropriate; and
                                    ``(IV) any other information that 
                                the Board considers necessary.
                    ``(B) Appeal.--Any person determined to be in 
                violation of this Act under this subsection may appeal 
                the Board's findings and imposition of civil penalties 
                to the Office of Hearings and Appeals of the Department 
                of the Interior in accordance with part 4 of title 43, 
                Code of Federal Regulations (or any successor 
                regulation).
    ``(c) Injunctive or Equitable Relief; Damages.--
            ``(1) In general.--A person specified in subsection (e) 
        may, in a civil action in a court of competent jurisdiction, 
        bring an action against a person that, directly or indirectly, 
        offers or displays for sale or sells a good, with or without a 
        government trademark, in a manner that falsely suggests that 
        the good is Indian-produced, an Indian product, or the product 
        of a particular Indian or Indian tribe or Indian arts and 
        crafts organization resident within the United States, to--
                    ``(A) obtain injunctive or other equitable relief; 
                and
                    ``(B) recover the greater of--
                            ``(i) treble damages; or
                            ``(ii) in the case of each aggrieved 
                        individual Indian, Indian tribe, or Indian arts 
and crafts organization, not less than $1,000 for each day on which the 
offer or display for sale or sale continues.
            ``(2) Damages.--For purposes of paragraph (1)(B)(i), 
        damages include all gross profits realized by the defendant as 
        a result of the activities found in violation of this 
        subsection.
    ``(d) Punitive Damages; Attorney's Fee.--In addition to the relief 
specified in subsection (c), the court may award punitive damages, and 
costs of the civil action, and a reasonable attorney's fee.
    ``(e) Persons Who May Initiate Civil Actions.--
            ``(1) In general.--A civil action under subsection (b) may 
        be brought--
                    ``(A) by the Attorney General, on request of the 
                Secretary on behalf of--
                            ``(i) an Indian tribe;
                            ``(ii) an Indian; or
                            ``(iii) an Indian arts and crafts 
                        organization;
                    ``(B) by an Indian tribe on behalf of itself, an 
                Indian, or an Indian arts and crafts organization;
                    ``(C) by an Indian; or
                    ``(D) by an Indian arts and crafts organization.
            ``(2) Disposition of amounts recovered.--Any amount 
        recovered under this section shall be paid to the Indian tribe, 
        Indian, or Indian arts and crafts organization, except that--
                    ``(A) in the case of a civil action under paragraph 
                (1)(A), the Attorney General may deduct from the amount 
                recovered--
                            ``(i) the amount for the costs of the civil 
                        action and reasonable attorney's fee awarded 
                        pursuant to subsection (d), to be deposited in 
                        the Treasury of the United States and credited 
                        to appropriations currently available to the 
                        Attorney General at the time of receipt of the 
                        amount; and
                            ``(ii) the amount for the costs of 
                        investigation awarded pursuant to subsection 
                        (d), to be used to reimburse the Board the 
                        amount of such costs incurred as a direct 
                        result of Board activities in the civil action;
                    ``(B) in the case of a civil action under paragraph 
                (1)(B), the amount recovered for the costs of the civil 
                action and reasonable attorney's fee pursuant to 
                subsection (d) may be deducted.
    ``(f) Severability.--If any provision of this section is held 
invalid, it is the intent of Congress that the remaining provisions of 
this section shall continue in full force and effect.
    ``(g) Regulations.--Not later than 180 days after the date of 
enactment of this subsection, the Board shall promulgate regulations to 
include in the definition of the term `Indian product' specific 
examples of each such product to provide guidance to Indian artisans 
and to purveyors and consumers of Indian arts and crafts.''.

SEC. 4. INDIAN FINANCING ACT AMENDMENTS.

    (a) Sale or Assignment of Loans and Underlying Security.--Section 
205 of the Indian Financing Act of 1974 (25 U.S.C. 1485) is amended--
            (1) by striking ``Sec. 205.'' and all that follows through 
        subsection (b) and inserting the following:

``SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDERLYING SECURITY.

    ``(a) In General.--All or any portion of a loan guaranteed or 
insured under this title, including the security given for the loan--
            ``(1) may be transferred by the lender by sale or 
        assignment to any person; and
            ``(2) may be retransferred by the transferee.
    ``(b) Transfers of Loans.--With respect to a transfer described in 
subsection (a)--
            ``(1) the transfer shall be consistent with such 
        regulations as the Secretary shall promulgate under subsection 
        (h); and
            ``(2) the transferee shall give notice of the transfer to 
        the Secretary.'';
            (2) by striking subsection (c);
            (3) by redesignating subsections (d), (e), (f), (g), (h), 
        and (i) as subsections (c), (d), (e), (f), (g), and (h), 
        respectively;
            (4) in subsection (c) (as redesignated by paragraph (3))--
                    (A) by striking ``Validity.--'' and all that 
                follows through ``subparagraph (B),'' and inserting 
                ``Validity.--Except as provided by regulations in 
                effect on the date on which a loan is made,''; and
                    (B) by striking ``incontestable'' and all that 
                follows and inserting ``incontestable.'';
            (5) in subsection (e) (as redesignated by paragraph (3))--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
    ``(1) In general.--The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) Compensation of fiscal transfer agent.--A fiscal 
        transfer agent designated under subsection (f) may be 
        compensated through any of the fees assessed under this section 
        and any interest earned on any funds or fees collected by the 
        fiscal transfer agent while the funds or fees are in the 
        control of the fiscal transfer agent and before the time at 
        which the fiscal transfer agent is contractually required to 
        transfer such funds to the Secretary or to transferees or other 
        holders.''; and
            (6) in subsection (f) (as redesignated by paragraph (3))--
                    (A) by striking ``subsection (i)'' and inserting 
                ``subsection (h)''; and
                    (B) in paragraph (2)(B), by striking ``, and 
                issuance of acknowledgments,''.

SEC. 5. INDIAN PUEBLO LAND ACT AMENDMENTS.

    (a) In General.--The Act of June 7, 1924 (43 Stat. 636, chapter 
331), is amended by adding at the end the following:

``SEC. 20. CRIMINAL JURISDICTION.

    ``(a) In General.--Except as otherwise provided by Congress, 
jurisdiction over offenses committed anywhere within the exterior 
boundaries of any grant from a prior sovereign, as confirmed by 
Congress or the Court of Private Land Claims to a Pueblo Indian tribe 
of New Mexico, shall be as provided in this section.
    ``(b) Jurisdiction of the Pueblo.--The Pueblo has jurisdiction, as 
an act of the Pueblos' inherent power as an Indian tribe, over any 
offense committed by a member of the Pueblo or of another federally 
recognized Indian tribe, or by any other Indian-owned entity.
    ``(c) Jurisdiction of the United States.--The United States has 
jurisdiction over any offense described in chapter 53 of title 18, 
United States Code, committed by or against a member of any federally 
recognized Indian tribe or any Indian-owned entity, or that involves 
any Indian property or interest.
    ``(d) Jurisdiction of the State of New Mexico.--The State of New 
Mexico shall have jurisdiction over any offense committed by a person 
who is not a member of a federally recognized Indian tribe, which 
offense is not subject to the jurisdiction of the United States.''.

SEC. 6. INDIAN REORGANIZATION ACT CORPORATION AMENDMENT.

    Section 17 of the Act of June 18, 1936 (25 U.S.C. 477) (commonly 
known as the ``Indian Reorganization Act'') is amended in the second 
sentence by striking <DELETED>``with law'' and all that follows through 
``twenty-five'' and inserting ``with law, and not for purposes of 
conducting gaming (within the meaning of section 4 of the Indian Gaming 
Regulatory Act (25 U.S.C. 2703)), but no authority shall be granted to 
sell or mortgage or to lease for a period exceeding 99''.</DELETED> 
``sell,'' and all that follows and inserting ``sell or mortgage, or to 
lease as lessor for a period exceeding 99 years, for any trust or 
restricted land included in the limits of the reservation, except that 
such authority may not exceed 25 years in the case of activities 
authorized under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.).''.

SEC. 7. PRAIRIE ISLAND LAND CONVEYANCE.

    (a) In General.--The Secretary of the Army shall convey all right, 
title, and interest of the United States in and to the land described 
in subsection (b), including all improvements, cultural resources, and 
sites on the land, subject to the flowage and sloughing easement 
described in subsection (d) and to the conditions stated in subsection 
(f), to the Secretary, to be--
            (1) held in trust by the United States for the benefit of 
        the Prairie Island Indian Community in Minnesota; and
            (2) included in the Prairie Island Indian Community 
        Reservation in Goodhue County, Minnesota.
    (b) Land Description.--The land to be conveyed under subsection (a) 
is the approximately 1290 acres of land associated with the Lock and 
Dam #3 on the Mississippi River in Goodhue County, Minnesota, located 
in tracts identified as GO-251, GO-252, GO-271, GO-277, GO-278, GO-284, 
GO-301 through GO-313, GO-314A, GO-314B, GO-329, GO-330A, GO-330B, GO-
331A, GO-331B, GO-331C, GO-332, GO-333, GO-334, GO-335A, GO-335B, GO-
336 through GO-338, GO-339A, GO-339B, GO-339C, GO-339D, GO-339E, GO-
340A, GO-340B, GO-358, GO-359A, GO-359B, GO-359C, GO-359D, and GO-360, 
as depicted on the map entitled ``United States Army Corps of Engineers 
survey map of the Upper Mississippi River 9-Foot Project, Lock & Dam 
No. 3 (Red Wing), Land & Flowage Rights'' and dated December 1936.
    (c) Boundary Survey.--Not later than 5 years after the date of 
conveyance under subsection (a), the boundaries of the land conveyed 
shall be surveyed as provided in section 2115 of the Revised Statutes 
(25 U.S.C. 176).
    (d) Easement.--
            (1) In general.--The Corps of Engineers shall retain a 
        flowage and sloughing easement for the purpose of navigation 
        and purposes relating to the Lock and Dam No. 3 project over 
        the portion of the land described in subsection (b) that lies 
        below the elevation of 676.0.
            (2) Inclusions.--The easement retained under paragraph (1) 
        includes--
                    (A) the perpetual right to overflow, flood, and 
                submerge property as the District Engineer determines 
                to be necessary in connection with the operation and 
                maintenance of the Mississippi River Navigation 
                Project; and
                    (B) the continuing right to clear and remove any 
                brush, debris, or natural obstructions that, in the 
                opinion of the District Engineer, may be detrimental to 
                the project.
    (e) Ownership of Sturgeon Lake Bed Unaffected.--Nothing in this 
section diminishes or otherwise affects the title of the State of 
Minnesota to the bed of Sturgeon Lake located within the tracts of land 
described in subsection (b).
    (f) Conditions.--The conveyance under subsection (a) is subject to 
the conditions that the Prairie Island Indian Community shall not--
            (1) use the conveyed land for human habitation;
            (2) construct any structure on the land without the written 
        approval of the District Engineer; or
            (3) conduct gaming (within the meaning of section 4 of the 
        Indian Gaming Regulatory Act (25 U.S.C. 2703)) on the land.
    (g) No Effect on Eligibility for Certain Projects.--Notwithstanding 
the conveyance under subsection (a), the land shall continue to be 
eligible for environmental management planning and other recreational 
or natural resource development projects on the same basis as before 
the conveyance.
    (h) Effect of Section.--Nothing in this section diminishes or 
otherwise affects the rights granted to the United States pursuant to 
letters of July 23, 1937, and November 20, 1937, from the Secretary to 
the Secretary of War and the letters of the Secretary of War in 
response to the Secretary dated August 18, 1937, and November 27, 1937, 
under which the Secretary granted certain rights to the Corps of 
Engineers to overflow the portions of Tracts A, B, and C that lie 
within the Mississippi River 9-Foot Channel Project boundary and as 
more particularly shown and depicted on the map entitled ``United 
States Army Corps of Engineers survey map of the Upper Mississippi 
River 9-Foot Project, Lock & Dam No. 3 (Red Wing), Land & Flowage 
Rights'' and dated December 1936.

SEC. 8. GILA RIVER INDIAN COMMUNITY MANDATORY BINDING ARBITRATION.

    (a) Amendments.--Subsection (f) of the first section of the Act of 
August 9, 1955 (25 U.S.C. 415(f)), is amended--
            (1) in the first sentence--
                    (A) by striking ``Any lease'' and all that follows 
                through ``affecting land'' and inserting ``Any 
                contract, including a lease, affecting land''; and
                    (B) in the second sentence, by striking ``such 
                leases or contracts entered into pursuant to such 
                Acts'' and inserting ``Such contracts''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the Act of August 9, 1955 (69 Stat. 539, 
chapter 615) and Public 107-159 (116 Stat. 122).

SEC. 9. ALASKA NATIVE CLAIMS SETTLEMENT ACT VOTING STANDARDS AMENDMENT.

    (a) In general.--Subsection (d)(3) of section 36 of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1629b) (as amended by 
subsection (b)) is amended--
            (1) by inserting after ``of this section'' the following: 
        ``or an amendment to the articles of incorporation described in 
        section 7(g)(1)(B)''; and
            (2) by inserting ``or amendment'' after ``meeting relating 
        to such resolution'' each place it appears.
    (b) Technical Corrections.--
            (1)(A) Section 337(a) of the Department of the Interior and 
        Related Agencies Appropriations Act, 2003 (Division F of Public 
        Law 108-7; 117 Stat. 278; February 20, 2003) is amended--
                    (i) in the matter preceding paragraph (1), by 
                striking ``Section 1629b of title 43, United States 
                Code,'' and inserting ``Section 36 of the Alaska Native 
                Claims Settlement Act (43 U.S.C. 1629b)''; and
                    (ii) in paragraph (2), by striking ``by creating 
                the following new subsection:'' and inserting ``in 
                subsection (d), by adding at the end the following:''.
            (B) Section 36 of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1629b) is amended--
                    (i) in subsection (d)(3), by striking ``(d)''; and
                    (ii) in subsection (f), by striking ``section 1629e 
                of this title'' and inserting ``section 39''.
            (2)(A) Section 337(b) of the Department of the Interior and 
        Related Agencies Appropriations Act, 2003 (Division F of Public 
        Law 108-7; 117 Stat. 278; February 20, 2003) is amended by 
        striking ``Section 1629e(a)(3) of title 43, United States 
        Code,'' and inserting ``Section 39(a)(3) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1629e(a)(3))''.
            (B) Section 39(a)(3)(B)(ii) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1629e(a)(3)(B)(ii)) is amended by 
        striking ``(a)(4) of section 1629b of this title'' and 
        inserting ``section 36(a)(4)''.
            (3) The amendments made by this subsection take effect on 
        February 20, 2003.

SEC. 10. BEAVER AIRPORT LAND AMENDMENT.

    (a) In General.--The Secretary shall execute such instruments as 
are necessary to release the condition on a portion of land situated 
adjacent to the community of Beaver, Alaska, conveyed pursuant to 
Patent No. 50-69-0130 and dated August 23, 1968, that the land revert 
to the United States if the land is not used for airport purposes.
    (b) Tracts.--The release of the condition provided for in 
subsection (a)--
            (1) shall apply to approximately 33 acres of land 
        identified as tracts II through VI of the Beaver Airport, a 
        part of U.S. Survey No. 3798, Alaska (referred to in this 
        section as the ``community expansion land'');
            (2) shall be without any requirement for receipt of fair 
        market value for the release and conveyance of the conditions 
        otherwise applicable to the community expansion land; and
            (3) shall be contingent on the conveyance by the State of 
        Alaska of the community expansion land to the Beaver Kwit'chin 
        corporation, the Village Corporation of the village of Beaver, 
        Alaska.
    (c) Reconveyance.--The Beaver Kwit'chin Corporation--
            (1) shall reconvey to any individual who currently occupies 
        a portion of the land, or successor in interest to such an 
        individual, title to such land as is currently occupied; and
            (2) may subsequently--
                    (A) convey the remaining land to other individuals 
                or persons for community expansion purposes; or
                    (B) retain the remaining land in whole or in part 
                for community uses.

SEC. 11. PUYALLUP INDIAN TRIBE LAND CLAIMS SETTLEMENT AMENDMENTS.

    (a) In General.--<DELETED>Notwithstanding any other provision of 
law, the</DELETED> The Secretary shall--
            (1) accept the conveyance of the parcels of land within the 
        Puyallup Reservation described in subsection (b); and
            (2) hold the land in trust for the benefit of the Puyallup 
        Indian Tribe.
    (b) Land Description.--The parcels of land referred to in 
subsection (a) are as follows:
            (1) Parcel a.--Lot B, boundary line adjustment 9508150496: 
        according to the map thereof recorded August 15, 1995, records 
        of Pierce County Auditor, situate in the city of Fife, county 
        of Pierce, State of Washington.
            (2) Parcel b.--Lots 3 and 4, Pierce County Short Plat No. 
        8908020412: according to the map thereof recorded August 2, 
        1989, records of Pierce County Auditor, together with portion 
of SR 5 abutting lot 4, conveyed by deed recorded under recording 
number 9309070433, described as follows:
                    That portion of Government lot 1, sec. 07, T. 20 
                N., R. 4 E., of the Willamette Meridian, described as 
                commencing at Highway Engineer's Station (hereinafter 
                referred to as HES) AL 26 6+38.0 P.O.T. on the AL26 
                line survey of SR 5, Tacoma to King County line: Thence 
                S88 deg.54'30" E., along the north line of said lot 1 a 
                distance of 95 feet to the true point of beginning: 
                Thence S01 deg.05'30" W87.4' feet: Thence westerly to a 
                point opposite HES AL26 <DELETED>5+0.6</DELETED> 5+50.6 
                P.O.T. on said AL26 line survey and 75 feet easterly 
                therefrom; Thence northwesterly to a point opposite 
                AL26 5+80.6 on said AL26 line survey and 55 feet 
                easterly therefrom: Thence northerly parallel with said 
                line survey to the north line of said lot 1: Thence 
                N88 deg.54'30" E., to the true point of beginning.
                    Except that portion of lot 4 conveyed to the State 
                of Washington by deed recorded under recording number 
                9308100165 and more particularly described as follows:
                    Commencing at the northeast corner of said lot 4: 
                Thence <DELETED>N80 deg.53'30"</DELETED> N89 deg.53'30" 
                W., along the north line of said lot 4 a distance of 
                147.44 feet to the true point of beginning and a point 
                of curvature; thence southwesterly along a curve to the 
                left, the center of which bears S0 deg.06'30" W., 55.00 
                feet distance, through a central angle of 
                89 deg.01'00", an arc distance of 85.45 feet; Thence 
                S01 deg.05'30" W., 59.43 feet; Thence N88 deg.54'30" 
                W., 20.00 feet to a point on the westerly line of said 
                lot 4; Thence N0 deg.57'10" E., along said westerly 
                line 113.15 feet to the northwest corner of said lot 4; 
                Thence S89 deg.53'30" east along said north line, 
a distance of 74.34 feet to the true point of beginning.
                    Chicago Title Insurance Company Order No. 4293514 
                Lot A boundary line adjustment recorded under Recording 
                No. 9508150496. According to the map thereof recorded 
                August 15, 1995, records of Pierce County Auditor.
                    Situate in the city of Fife, county of Pierce, 
                State of Washington.
            (3) Additional lots.--Any lots acquired by the Tribe 
        located in block 7846, 7850, 7945, 7946, 7949, 7950, 8045, or 
        8049 in the Indian Addition to the city of Tacoma, State of 
        Washington.

SEC. 12. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND STATE 
              OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION.

    (a) Disbursement Provisions of the State of South Dakota and the 
Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe Terrestrial 
Wildlife Habitat Restoration Trust Funds.--Section 602(a)(4) of the 
Water Resources Development Act of 1999 (113 Stat. 386) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by inserting ``and the Secretary 
                of the Treasury'' after ``Secretary''; and
                    (B) by striking clause (ii) and inserting the 
                following:
                            ``(ii) Availability of funds.--On 
                        notification in accordance with clause (i), the 
                        Secretary of the Treasury shall make available 
                        to the State of South Dakota funds from the 
                        State of South Dakota Terrestrial Wildlife 
                        Habitat Restoration Trust Fund established 
                        under section 603, to be used to carry out the 
plan for terrestrial wildlife habitat restoration submitted by the 
State of South Dakota after the State certifies to the Secretary of the 
Treasury that the funds to be disbursed will be used in accordance with 
section 603(d)(3) and only after the Trust Fund is fully 
capitalized.''; and
            (2) in subparagraph (B), by striking clause (ii) and 
        inserting the following:
                            ``(ii) Availability of funds.--On 
                        notification in accordance with clause (i), the 
                        Secretary of the Treasury shall make available 
                        to the Cheyenne River Sioux Tribe and the Lower 
                        Brule Sioux Tribe funds from the Cheyenne River 
                        Sioux Terrestrial Wildlife Habitat Restoration 
                        Trust Fund and the Lower Brule Sioux 
                        Terrestrial Wildlife Habitat Restoration Trust 
                        Fund, respectively, established under section 
                        604, to be used to carry out the plans for 
                        terrestrial wildlife habitat restoration 
                        submitted by the Cheyenne River Sioux Tribe and 
                        the Lower Brule Sioux Tribe, respectively, 
                        after the respective tribe certifies to the 
                        Secretary of the Treasury that the funds to be 
                        disbursed will be used in accordance with 
                        section 604(d)(3) and only after the Trust Fund 
                        is fully capitalized.''.
    (b) Investment Provisions of the State of South Dakota Terrestrial 
Wildlife Restoration Trust Fund.--Section 603 of the Water Resources 
Development Act of 1999 (113 Stat. 388) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Investments.--
            ``(1) Eligible obligations.--Notwithstanding any other 
        provision of law, the Secretary of the Treasury shall invest 
        the amounts deposited under subsection (b) and the interest 
        earned on those amounts only in interest-bearing obligations of 
        the United States issued directly to the Fund.
            ``(2) Investment requirements.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest the Fund in accordance with all of the 
                requirements of this paragraph.
                    ``(B) Separate investments of principal and 
                interest.--
                            ``(i) Principal account.--The amounts 
                        deposited in the Fund under subsection (b) 
                        shall be credited to an account within the Fund 
                        (referred to in this paragraph as the 
                        `principal account') and invested as provided 
                        in subparagraph (C).
                            ``(ii) Interest account.--The interest 
                        earned from investing amounts in the principal 
                        account of the Fund shall be transferred to a 
                        separate account within the Fund (referred to 
                        in this paragraph as the `interest account') 
                        and invested as provided in subparagraph (D).
                            ``(iii) Crediting.--The interest earned 
                        from investing amounts in the interest account 
                        of the Fund shall be credited to the interest 
                        account.
                    ``(C) Investment of principal account.--
                            ``(i) Initial investment.--Each amount 
                        deposited in the principal account of the Fund 
                        shall be invested initially in eligible 
                        obligations having the shortest maturity then 
                        available until the date on which the amount is 
                        divided into 3 substantially equal portions and 
                        those portions are invested in eligible 
                        obligations that are identical (except for 
                        transferability) to the next-issued publicly 
                        issued Treasury obligations having a 2-year 
                        maturity, a 5-year maturity, and a 10-year 
                        maturity, respectively.
                            ``(ii) Subsequent investment.--As each 2-
                        year, 5-year, and 10-year eligible obligation 
                        matures, the principal of the maturing eligible 
                        obligation shall also be invested initially in 
                        the shortest-maturity eligible obligation then 
                        available until the principal is reinvested 
                        substantially equally in the eligible 
                        obligations that are identical (except for 
                        transferability) to the next-issued publicly 
                        issued Treasury obligations having 2-year, 5-
                        year, and 10-year maturities.
                            ``(iii) Discontinuance of issuance of 
                        obligations.--If the Department of the Treasury 
                        discontinues issuing to the public obligations 
                        having 2-year, 5-year, or 10-year maturities, 
                        the principal of any maturing eligible 
                        obligation shall be reinvested substantially 
                        equally in eligible obligations that are 
                        identical (except for transferability) to the 
                        next-issued publicly issued Treasury 
                        obligations of the maturities longer than 1 
                        year then available.
                    ``(D) Investment of interest account.--
                            ``(i) Before full capitalization.--Until 
                        the date on which the Fund is fully 
                        capitalized, amounts in the interest account of 
                        the Fund shall be invested in eligible 
                        obligations that are identical (except for 
                        transferability) to publicly issued Treasury 
                        obligations that have maturities that coincide, 
                        to the greatest extent practicable, with the 
                        date on which the Fund is expected to be fully 
                        capitalized.
                            ``(ii) After full capitalization.--On and 
                        after the date on which the Fund is fully 
                        capitalized, amounts in the interest account of 
                        the Fund shall be invested and reinvested in 
                        eligible obligations having the shortest 
                        maturity then available until the amounts are 
                        withdrawn and transferred to fund the 
                        activities authorized under subsection (d)(3).
                    ``(E) Par purchase price.--The price to be paid for 
                eligible obligations purchased as investments of the 
                principal account shall not exceed the par value of the 
                obligations so that the amount of the principal account 
                shall be preserved in perpetuity.
                    ``(F) Highest yield.--Among eligible obligations 
                having the same maturity and purchase price, the 
                obligation to be purchased shall be the obligation 
                having the highest yield.
                    ``(G) Holding to maturity.--Eligible obligations 
                purchased shall generally be held to their maturities.
            ``(3) Annual review of investment activities.--Not less 
        frequently than once each calendar year, the Secretary of the 
        Treasury shall review with the State of South Dakota the 
        results of the investment activities and financial status of 
        the Fund during the preceding 12-month period.''; and
            (2) in subsection (d)(2), by inserting ``of the Treasury'' 
        after ``Secretary''.
    (c) Investment Provisions for the Cheyenne River Sioux Tribe and 
Lower Brule Sioux Tribe Trust Funds.--Section 604 of the Water 
Resources Development Act of 1999 (113 Stat. 389) is amended by 
striking subsection (c) and inserting the following:
    ``(c) Investments.--
            ``(1) Eligible obligations.--Notwithstanding any other 
        provision of law, the Secretary of the Treasury shall invest 
        the amounts deposited under subsection (b) and the interest 
        earned on those amounts only in interest-bearing obligations of 
        the United States issued directly to the Funds.
            ``(2) Investment requirements.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest each of the Funds in accordance with all 
                of the requirements of this paragraph.
                    ``(B) Separate investments of principal and 
                interest.--
                            ``(i) Principal account.--The amounts 
                        deposited in each Fund under subsection (b) 
shall be credited to an account within the Fund (referred to in this 
paragraph as the `principal account') and invested as provided in 
subparagraph (C).
                            ``(ii) Interest account.--The interest 
                        earned from investing amounts in the principal 
                        account of each Fund shall be transferred to a 
                        separate account within the Fund (referred to 
                        in this paragraph as the `interest account') 
                        and invested as provided in subparagraph (D).
                            ``(iii) Crediting.--The interest earned 
                        from investing amounts in the interest account 
                        of each Fund shall be credited to the interest 
                        account.
                    ``(C) Investment of principal account.--
                            ``(i) Initial investment.--Each amount 
                        deposited in the principal account of each Fund 
                        shall be invested initially in eligible 
                        obligations having the shortest maturity then 
                        available until the date on which the amount is 
                        divided into 3 substantially equal portions and 
                        those portions are invested in eligible 
                        obligations that are identical (except for 
                        transferability) to the next-issued publicly 
                        issued Treasury obligations having a 2-year 
                        maturity, a 5-year maturity, and a 10-year 
                        maturity, respectively.
                            ``(ii) Subsequent investment.--As each 2-
                        year, 5-year, and 10-year eligible obligation 
                        matures, the principal of the maturing eligible 
                        obligation shall also be invested initially in 
                        the shortest-maturity eligible obligation then 
                        available until the principal is reinvested 
                        substantially equally in the eligible 
                        obligations that are identical (except for 
                        transferability) to the next-issued publicly 
                        issued Treasury obligations having 2-year, 5-
                        year, and 10-year maturities.
                            ``(iii) Discontinuation of issuance of 
                        obligations.--If the Department of the Treasury 
                        discontinues issuing to the public obligations 
                        having 2-year, 5-year, or 10-year maturities, 
                        the principal of any maturing eligible 
                        obligation shall be reinvested substantially 
                        equally in eligible obligations that are 
                        identical (except for transferability) to the 
                        next-issued publicly issued Treasury 
                        obligations of the maturities longer than 1 
                        year then available.
                    ``(D) Investment of the interest account.--
                            ``(i) Before full capitalization.--Until 
                        the date on which each Fund is fully 
capitalized, amounts in the interest account of the Fund shall be 
invested in eligible obligations that are identical (except for 
transferability) to publicly issued Treasury obligations that have 
maturities that coincide, to the greatest extent practicable, with the 
date on which the Fund is expected to be fully capitalized.
                            ``(ii) After full capitalization.--On and 
                        after the date on which each Fund is fully 
                        capitalized, amounts in the interest account of 
                        the Fund shall be invested and reinvested in 
                        eligible obligations having the shortest 
                        maturity then available until the amounts are 
                        withdrawn and transferred to fund the 
                        activities authorized under subsection (d)(3).
                    ``(E) Par purchase price.--The price to be paid for 
                eligible obligations purchased as investments of the 
                principal account shall not exceed the par value of the 
                obligations so that the amount of the principal account 
                shall be preserved in perpetuity.
                    ``(F) Highest yield.--Among eligible obligations 
                having the same maturity and purchase price, the 
                obligation to be purchased shall be the obligation 
                having the highest yield.
                    ``(G) Holding to maturity.--Eligible obligations 
                purchased shall generally be held to their maturities.
            ``(3) Annual review of investment activities.--Not less 
        frequently than once each calendar year, the Secretary of the 
        Treasury shall review with the Cheyenne River Sioux Tribe and 
        the Lower Brule Sioux Tribe the results of the investment 
        activities and financial status of the Funds during the 
        preceding 12-month period.''.

SEC. 13. LAKE TRAVERSE RESERVATION HEIRSHIP.

    (a) In General.--Public Law 98-513 is amended by striking section 5 
(98 Stat. 2413) and inserting the following:

``SEC. 5. INHERITANCE OF SMALL FRACTIONAL INTERESTS.

    ``(a) Definition of Small Fractional Interest.--In this section, 
the term `small fractional interest' means an undivided trust or 
restricted interest in a parcel of land within the reservation that--
            ``(1) represents less than 5 percent of the entire 
        undivided ownership of the parcel of land (as reflected in the 
        decedent's estate inventory as of the date on which the 
        decisionmaker enters the final decision determining heirs); and
            ``(2) does not exceed the equivalent of 2\1/2\ acres if the 
        interest were to be expressed in terms of its proportionate 
        share of the total acreage of the parcel of land of which the 
        interest is a part.
    ``(b) Intestate Inheritance in General.--Notwithstanding section 3, 
no small fractional interest shall pass by intestate succession under 
this Act or any other provision of law except as provided in subsection 
(c).
    ``(c) Inheritance by Tribe.--If a person dies possessed of a small 
fractional interest that has not been devised in accordance with 
subsection (d) to 1 or more eligible devisees described in that 
subsection, the small fractional interest shall pass to the Tribe, with 
title to the interest to be held by the United States in trust for the 
Tribe.
    ``(d) Inheritance by Testamentary Devise.--
            ``(1) Eligible devisees.--Notwithstanding any other 
        provision of this Act, and subject to paragraph (2), a small 
        fractional interest may be devised only to the following 
        eligible devisees:
                    ``(A) The tribe.
                    ``(B) Any person who is a member, or eligible to be 
                a member, of the tribe.
            ``(2) Requirements.--No devise of a small fractional 
        interest shall be valid as to a devisee unless--
                    ``(A) the devisee is eligible to receive the 
                interest by devise under paragraph (1);
                    ``(B) the devisee is expressly identified in the 
                devise by name; and
                    ``(C) the devise is made in a will that has been 
                approved by the Secretary of the Interior in accordance 
                with section 2 of the Act of June 25, 1910 (36 Stat. 
                856, chapter 431).
            ``(3) Holding in trust.--Any small fractional interest 
        devised in accordance with this subsection shall pass to the 
        devisee or devisees on the death of the testator, with title to 
        be held by the United States in trust for the devisee or 
        devisees.''.
    (b) Notice to Landowners; Certification.--
            (1) Notice.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall provide notice of 
        the amendment made by subsection (a) to owners of trust and 
        restricted interests in land within the Lake Traverse Indian 
        Reservation by--
                    (A) posting written notice of the amendment at the 
                administrative headquarters of the Sisseton-Wahpeton 
                Sioux Tribe of North Dakota and South Dakota and at the 
                Agency of the Bureau of Indian Affairs located in 
                Agency Village, South Dakota;
                    (B) publishing the notice not fewer than 4 times in 
                newspapers of general circulation in all counties in 
                which any part of the Lake Traverse Indian Reservation 
                is located; and
                    (C) sending the notice by first class mail to the 
                last known addresses of Indians with interests in trust 
                or restricted land within the Lake Traverse Indian 
                Reservation for whom the Secretary has such an address.
            (2) Certification.--After providing notice under paragraph 
        (1), the Secretary shall--
                    (A) certify that notice has been given in 
                accordance with that paragraph; and
                    (B) publish notice of the certification in the 
                Federal Register.
    (c) Effective Date.--
            (1) Effect on interests.--The amendment made by subsection 
        (a) shall not affect any interest in the estate of a person who 
        dies before the date that is 1 year after the date on which the 
        Secretary publishes notice of the certification under 
        subsection (b)(2).
            (2) Effect on wills.--The amendment made by subsection (a) 
        shall not affect the validity or effect of any will executed 
        before the date that is 1 year after the date on which the 
        Secretary publishes notice of the certification under 
        subsection (b)(2).

SEC. 14. AMENDMENT OF DEFINITION.

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

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