Authorizes the Secretary of the Interior to make annual disbursements to the Colorado River Indian Tribes to fund the Office of the Colorado River Indian Tribes Reservation Energy Development. Requires that such disbursements be not less than $200,000, and not more than $350,000 annually.
Provides for the inclusion of binding arbitration clauses in construction contracts for the Gila River Indian Community.
Authorizes the Sault Ste. Marie Tribe of Chippewa Indians of Michigan to transfer, lease, encumber, or convey any part of its interest in real property that is not held in trust by the United States for its benefit. Absolves the United States from liability for any loss resulting from a transfer of real property by the Tribe. Makes this provision retroactive to January 1, 2005.
Authorizes the Morongo Band of Mission Indians to lease lands held in trust for up to 50 years.
Authorizes the Cow Creek Band of Umpqua Tribe of Indians to lease lands held in trust for up to 99 years.
Amends the Alaska Native Claims Settlement Act to authorize the Alaska Native Corporation to issue additional settlement common stock with limitations on voting rights and transferability by gift.
Ratifies, effective December 5, 2006, the decision of the U.S. Court of Appeals for the Ninth Circuit in the case of Doe v. Kamehameha Schools, case number 04-15044, which allows Native American (i.e., American Indians, Alaskan Natives, Aleuts, and Native Hawaiians) schools to maintain certain admission policies for the provision of educational programs and services.
Amends the Indian Land Consolidation Act to revise legal definitions relating to interests in land and intestate descent.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5680 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5680
To amend certain laws relating to Native Americans, and for others
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 2, 2008
Mr. Grijalva introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend certain laws relating to Native Americans, and for others
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. Colorado River Indian Tribes.
Sec. 3. Gila River Indian Community contracts.
Sec. 4. Land and interests of the Sault Ste. Marie Tribe of Chippewa
Indians of Michigan.
Sec. 5. Land and interests of the Lac du Flambeau Band of Lake Superior
Chippewa Indians of Wisconsin.
Sec. 6. Morongo Tribe Lease Extension.
Sec. 7. Cow Creek band leasing authority.
Sec. 8. New Settlement Common Stock issued to descendants, left-outs,
and elders.
Sec. 9. Columbia River Treaty Fishing Access Sites.
Sec. 10. Miccosukee Tribe of Indians of Florida.
SEC. 2. COLORADO RIVER INDIAN TRIBES.
From revenues deposited into the Treasury after the date of the
enactment of this Act pursuant to section 3 of the Act of August 7,
1946 (25 U.S.C. 385c) from power operations on the reservation of the
Colorado River Indian Tribe, the Secretary of the Interior may make an
annual disbursement to the Colorado River Indian Tribes. Funds
disbursed under this section--
(1) shall be used to fund the Office of the Colorado Indian
Tribes Reservation Energy Development;
(2) shall not affect funds held from any other irrigation
project;
(3) shall not exceed $200,000 annually; and
(4) shall only be disbursed in years that the revenues
deposited exceed the amount required to carry out the purposes
for which they deposited under section 2 of the Act of August
7, 1946 (25 U.S.C. 385c).
SEC. 3. GILA RIVER INDIAN COMMUNITY CONTRACTS.
Subsection (f) of the first section of the Act of August 9, 1955
(25 U.S.C. 415(f)), is amended by striking ``lease, affecting'' and
inserting ``lease or construction contract, affecting''.
SEC. 4. LAND AND INTERESTS OF THE SAULT STE. MARIE TRIBE OF CHIPPEWA
INDIANS OF MICHIGAN.
(a) In General.--Subject to subsections (b) and (c),
notwithstanding any other provision of law (including regulations), the
Saulte Ste. Marie Tribe of Chippewa Indians of Michigan (including any
agent or instrumentality of the Tribe) (referred to in this section as
the ``Tribe''), may transfer, lease, encumber, or otherwise convey,
without further authorization or approval, all or any part of the
Tribe's interest in any real property that is not held in trust by the
United States for the benefit of the Tribe.
(b) Effect of Section.--Nothing in this section is intended to
authorize the Tribe to transfer, lease, encumber, or otherwise convey,
any lands, or any interest in any lands, that are held in trust by the
United States for the benefit of the Tribe.
(c) Liability.--The United States shall not be held liable to any
party (including the Tribe or any agent or instrumentality of the
Tribe) for any term of, or any loss resulting from the term of any
transfer, lease, encumbrance, or conveyance of land made pursuant to
this Act unless the United States or an agent or instrumentality of the
United States is a party to the transaction or the United States would
be liable pursuant to any other provision of law. This subsection shall
not apply to land transferred or conveyed by the Tribe to the United
States to be held in trust for the benefit of the Tribe.
(d) Effective Date.--This section shall be deemed to have taken
effect on January 1, 2005.
SEC. 5. LAND AND INTERESTS OF THE LAC DU FLAMBEAU BAND OF LAKE SUPERIOR
CHIPPEWA INDIANS OF WISCONSIN.
(a) In General.--Subject to subsections (b) and (c),
notwithstanding any other provision of law (including regulations), the
Lac du Flambeau Band of Lake Superior Chippewa Indians Wisconsin
(including any agent or instrumentality of the Tribe) (referred to in
this section as the ``Tribe''), may transfer, lease, encumber, or
otherwise convey, without further authorization or approval, all or any
part of the Tribe's interest in any real property that is not held in
trust by the United States for the benefit of the Tribe.
(b) Effect of Section.--Nothing in this section is intended to
authorize the Tribe to transfer, lease, encumber, or otherwise convey,
any lands, or any interest in any lands, that are held in trust by the
United States for the benefit of the Tribe.
(c) Liability.--The United States shall not be held liable to any
party (including the Tribe or any agent or instrumentality of the
Tribe) for any term of, or any loss resulting from the term of any
transfer, lease, encumbrance, or conveyance of land made pursuant to
this Act unless the United States or an agent or instrumentality of the
United States is a party to the transaction or the United States would
be liable pursuant to any other provision of law. This subsection shall
not apply to land transferred or conveyed by the Tribe to the United
States to be held in trust for the benefit of the Tribe.
SEC. 6. MORONGO TRIBE LEASE EXTENSION.
Subsection (a) of the first section of the Act of August 9, 1955
(25 U.S.C. 415(a)) is amended in the second sentence by inserting ``and
except leases of land held in trust for the Morongo Band of Mission
Indians which may be for a term of not to exceed 50 years,'' before
``and except leases of land for grazing purposes which may be for a
term of not to exceed ten years''.
SEC. 7. COW CREEK BAND LEASING AUTHORITY.
(a) Authorization for 99-Year Leases.--Subsection (a) of the first
section of the Act of August 9, 1955 (25 U.S.C. 415(a)), is amended in
the second sentence by inserting ``and lands held in trust for the Cow
Creek Band of Umpqua true of Indians,'' after ``lands held in trust for
the Confederated Tribes of the Warm Springs Reservation of Oregon,''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to any lease entered into or renewed after the date of the
enactment of this Act.
SEC. 8. NEW SETTLEMENT COMMON STOCK ISSUED TO DESCENDANTS, LEFT-OUTS,
AND ELDERS.
Section 7 of the Alaska Native Claims Settlement Act (Public Law
Number 92-203, 85 Stat. 691), is amended--
(1) by amending subsection (g)(1)(B)(iii) (43 U.S.C.
1606(g)(1)(B)(iii)), to read as follows:
``(iii) The amendment authorized by clause
(i) may provide that Settlement Common Stock
issued to a Native pursuant to such amendment
(or stock issued in exchange for such
Settlement Common Stock pursuant to subsection
(h)(3) of this section or section 1626c(d) of
this title) shall be subject to one or more of
the following:
``(I) Such stock shall be deemed
canceled upon the death of such Native,
and no compensation for this
cancellation shall be paid to the
estate of the deceased Native or to any
person holding stock.
``(II) Such stock shall carry
limited or no voting rights.
``(III) Such stock shall not be
transferred by gift as provided in
subparagraph (h)(1)(C)(iii).''; and
(2) in subsection (h)(1)(C) (43 U.S.C. 1606(h)(1)(C)), by
striking ``Notwithstanding the restrictions'' and inserting
``Expect as otherwise expressly provided in this chapter and''.
SEC. 9. COLUMBIA RIVER TREATY FISHING ACCESS SITES.
Section 401 of Public Law 100-581 (102 Stat. 2944; 110 Stat. 766)
is amended by adding at the end the following:
``(h) Investment of Operation and Maintenance Funds.--
``(1) In general.--Subject to paragraph (2), funds made
available for operation and maintenance under this section may
be invested in any interest-bearing account, bond, security, or
other investment to achieve the highest practicable annual
yield in accordance with prudent investor standards.
``(2) Nonapplicability of provision.--Section 111 of
division E of the Consolidated Appropriations Act, 2005 (25
U.S.C. 450e-3), shall not apply to any investment of funds
under paragraph (1).''.
SEC. 10. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA.
As soon as practicable after the date of the enactment of this Act
, the Secretary of the Interior shall take into trust for the benefit
of the Miccosukee Tribe of Indians of Florida the land described as
Tract A and Tract B, Kendale Lakes North Section One, according to the
Map or Plat thereof, as recorded in Plat Book 93, Page 1, Public
Records or Miami-Dade County, Florida. After having been taken into
trust, the land described in this section shall be part of the
reservation of the Miccosukee Tribe of Indians of Florida.
<all>
Introduced in House
Referred to the House Committee on Natural Resources.
Committee Hearings Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Unanimous Consent.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-692.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-692.
Placed on the Union Calendar, Calendar No. 435.
Mrs. Christensen moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5490-5491)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5680.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5490)
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5490)
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Ordered to be reported with an amendment favorably.
Committee on Indian Affairs. Reported by Senator Dorgan with amendments. With written report No. 110-504.
Committee on Indian Affairs. Reported by Senator Dorgan with amendments. With written report No. 110-504.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 1082.