S.2843 - Native American Technical Corrections Act of 2004108th Congress (2003-2004)
Bill
Hide Overview| Sponsor: | Sen. Campbell, Ben Nighthorse [R-CO] (Introduced 09/23/2004) |
|---|---|
| Committees: | Senate - Indian Affairs |
| Committee Reports: | S. Rept. 108-406 |
| Latest Action: | Senate - 11/10/2004 By Senator Campbell from Committee on Indian Affairs filed written report under authority of the order of the Senate of 10/11/04. Report No. 108-406. (All Actions) |
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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