S.2843 - Native American Technical Corrections Act of 2004108th Congress (2003-2004)
Bill
Hide OverviewSponsor: | Sen. Campbell, Ben Nighthorse [R-CO] (Introduced 09/23/2004) |
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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