Version	Word Count	Changes From Previous Version	Percent Change
Introduced in Senate	696	n/a	n/a
Reported in Senate	756	14	17%
Engrossed in Senate	657	9	20%
Referred in House	634	5	11%
Engrossed Amendment House	3,202	42	85%
Enrolled Bill	3,080	10 Show Changes Hide Changes	7%

Display Version Introduced in Senate Reported in Senate Engrossed in Senate Referred in House Engrossed Amendment House Enrolled Bill

S 1193 EAH

In the House of Representatives, U. S.,September 29, 2008.Resolved, That the bill from the Senate (S. 1193) entitled ‘An Act t.1193CommentsClose CommentsPermalink

To direct the Secretary of the Interior to take into trust 2 parcels of Federal land for the benefit of certain Indian Pueblos in the State of New Mexico.’, do pass with the followingAMENDMENTS:Strike all after the enacting clause and insert the following:, and for other purposes.CommentsClose CommentsPermalink

TITLE I--ALBUQUERQUE INDIAN SCHOOL ACTCommentsClose CommentsPermalink

SEC. 101. SHORT TITLE.CommentsClose CommentsPermalink

This title may be cited as the ‘Albuquerque Indian School Act’.CommentsClose CommentsPermalink

SEC. 102. DEFINITIONS.CommentsClose CommentsPermalink

In this title:CommentsClose CommentsPermalink





(1) 19 PUEBLOS- The term ‘19 Pueblos’ means the New Mexico Indian Pueblos of--CommentsClose CommentsPermalink





(A) Acoma;CommentsClose CommentsPermalink





(B) Cochiti;CommentsClose CommentsPermalink





(C) Isleta;CommentsClose CommentsPermalink





(D) Jemez;CommentsClose CommentsPermalink





(E) Laguna;CommentsClose CommentsPermalink





(F) Nambe;CommentsClose CommentsPermalink





(G) Ohkay Owingeh (San Juan);CommentsClose CommentsPermalink





(H) Picuris;CommentsClose CommentsPermalink





(I) Pojoaque;CommentsClose CommentsPermalink





(J) San Felipe;CommentsClose CommentsPermalink





(K) San Ildefonso;CommentsClose CommentsPermalink





(L) Sandia;CommentsClose CommentsPermalink





(M) Santa Ana;CommentsClose CommentsPermalink





(N) Santa Clara;CommentsClose CommentsPermalink





(O) Santo Domingo;CommentsClose CommentsPermalink





(P) Taos;CommentsClose CommentsPermalink





(Q) Tesuque;CommentsClose CommentsPermalink





(R) Zia; andCommentsClose CommentsPermalink





(S) Zuni.CommentsClose CommentsPermalink





(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior (or a designee).CommentsClose CommentsPermalink





(3) SURVEY- The term ‘survey’ means the survey plat entitled ‘Department of the Interior, Bureau of Indian Affairs, Southern Pueblos Agency, BIA Property Survey’ (prepared by John Paisano, Jr., Registered Land Surveyor Certificate No. 5708), and dated March 7, 1977.CommentsClose CommentsPermalink

SEC. 103. LAND TAKEN INTO TRUST FOR BENEFIT OF 19 PUEBLOS.CommentsClose CommentsPermalink

(a) Action by Secretary-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall take into trust all right, title, and interest of the United States in and to the land described in subsection (b) for the benefit of the 19 Pueblos immediately after the Secretary has confirmed that the National Environmental Policy Act of 1969 has been complied with regarding the trust acquisition of these Federal lands.CommentsClose CommentsPermalink





(2) ADMINISTRATION- The Secretary shall--CommentsClose CommentsPermalink





(A) take such action as the Secretary determines to be necessary to document the transfer under paragraph (1); andCommentsClose CommentsPermalink





(B) appropriately assign each applicable private and municipal utility and service right or agreement.CommentsClose CommentsPermalink





(b) Description of Land- The land referred to in subsection (a)(1) is the 2 tracts of Federal land, the combined acreage of which is approximately 8.4759 acres, that were historically part of the Albuquerque Indian School, more particularly described as follows:CommentsClose CommentsPermalink





(1) EASTERN PART TRACT B- The approximately 2.2699 acres located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in the city of Albuquerque, New Mexico, as identified on the survey and does not include the Western Part of Tract B containing 3.6512 acres.CommentsClose CommentsPermalink





(2) NORTHERN PART TRACT D- The approximately 6.2060 acres located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in the city of Albuquerque, New Mexico, as identified on the survey and does not include the Southern Part of Tract D containing 6.1775 acres.CommentsClose CommentsPermalink





(c) Survey- The Secretary shall perform a survey of the land to be transferred consistent with subsection (b), and may make minor corrections to the survey and legal description of the Federal land described in subsection (b) as the Secretary determines to be necessary to correct clerical, typographical, and surveying errors.CommentsClose CommentsPermalink





(d) Use of Land- The land taken into trust under subsection (a) shall be used for the educational, health, cultural, business, and economic development of the 19 Pueblos.CommentsClose CommentsPermalink





(e) Limitations and Conditions- The land taken into trust under subsection (a) shall remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 104. EFFECT OF OTHER LAWS.CommentsClose CommentsPermalink

(a) In General- Except as otherwise provided in this section, land taken into trust under section 103(a) shall be subject to Federal laws relating to Indian land.CommentsClose CommentsPermalink





(b) Gaming- No gaming activity (within the meaning of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)) shall be carried out on land taken into trust under section 103(a).CommentsClose CommentsPermalink

TITLE II--NATIVE AMERICAN TECHNICAL CORRECTIONSCommentsClose CommentsPermalink

SEC. 201. COLORADO RIVER INDIAN TRIBES.CommentsClose CommentsPermalink

The Secretary of the Interior may make, subject to amounts provided in subsequent appropriations Acts, an annual disbursement to the Colorado River Indian Tribes. Funds disbursed under this section shall be used to fund the Office of the Colorado River Indian Tribes Reservation Energy Development and shall not be less than $200,000 and not to exceed $350,000 annually.CommentsClose CommentsPermalink

SEC. 202. GILA RIVER INDIAN COMMUNITY CONTRACTS.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 203. LAND AND INTERESTS OF THE SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS OF MICHIGAN.CommentsClose CommentsPermalink

(a) In General- Subject to subsections (b) and (c), notwithstanding any other provision of law (including regulations), the Sault Ste. Marie Tribe of Chippewa Indians of Michigan (including any agent or instrumentality of the Tribe) (referred to in this section as the ‘Tribe’), may transfer, lease, encumber, or otherwise convey, without further authorization or approval, all or any part of the Tribe’s interest in any real property that is not held in trust by the United States for the benefit of the Tribe.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Effective Date- This section shall be deemed to have taken effect on January 1, 2005.CommentsClose CommentsPermalink

SEC. 204. MORONGO BAND OF MISSION INDIANS LEASE EXTENSION.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 205. COW CREEK BAND OF UMPQUA TRIBE OF INDIANS LEASING AUTHORITY.CommentsClose CommentsPermalink

(a) Authorization for 99-Year Leases- Subsection (a) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(a)), is amended in the second sentence by inserting ‘and lands held in trust for the Cow Creek Band of Umpqua Tribe of Indians,’ after ‘lands held in trust for the Confederated Tribes of the Warm Springs Reservation of Oregon,’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 206. NEW SETTLEMENT COMMON STOCK ISSUED TO DESCENDANTS, LEFT-OUTS, AND ELDERS.CommentsClose CommentsPermalink

Section 7(g)(1)(B) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(g)(1)(B)) is amended by striking clause (iii) and inserting the following:CommentsClose CommentsPermalink





‘(iii) CONDITIONS ON CERTAIN STOCK-CommentsClose CommentsPermalink





‘(I) IN GENERAL- An amendment under clause (i) may provide that Settlement Common Stock issued to a Native pursuant to the amendment (or stock issued in exchange for that Settlement Common Stock pursuant to subsection (h)(3) or section 29(c)(3)(D)) shall be subject to 1 or more of the conditions described in subclause (II).CommentsClose CommentsPermalink





‘(II) CONDITIONS- A condition referred to in subclause (I) is a condition that--CommentsClose CommentsPermalink

‘(aa) the stock described in that subclause shall be deemed to be canceled on the death of the Native to whom the stock is issued, and no compensation for the cancellation shall be paid to the estate of the deceased Native or any person holding the stock;CommentsClose CommentsPermalink

‘(bb) the stock shall carry limited or no voting rights; andCommentsClose CommentsPermalink

‘(cc) the stock shall not be transferred by gift under subsection (h)(1)(C)(iii).’.CommentsClose CommentsPermalink

SEC. 207. INDIAN LAND CONSOLIDATION ACT.CommentsClose CommentsPermalink

(a) Definitions- Section 202 of the Indian Land Consolidation Act (25 U.S.C. 2201) is amended--CommentsClose CommentsPermalink





(1) in paragraph (4)--CommentsClose CommentsPermalink





(A) by inserting ‘(i)’ after ‘(4)’;CommentsClose CommentsPermalink





(B) by striking ‘ ‘trust or restricted interest in land’ or’ and inserting the following: ‘(ii) ‘trust or restricted interest in land’ or’; andCommentsClose CommentsPermalink





(C) in clause (ii) (as designated by sub paragraph (B)), by striking ‘an interest in land, title to which’ and inserting ‘an interest in land, the title to which interest’; andCommentsClose CommentsPermalink





(2) by striking paragraph (7) and inserting the following: ‘(7) the term ‘land’ means any real property;’.CommentsClose CommentsPermalink





(b) Partition of Highly Fractionated Indian Lands- Section 205(c)(2)(D)(i) of the Indian Land Consolidation Act (25 U.S.C. 2204(c)(2)(D)(i)) is amended in the matter following subclause (III) by striking ‘by Secretary’ and inserting ‘by the Secretary’.CommentsClose CommentsPermalink





(c) Descent and Distribution- Section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (2)(D)--CommentsClose CommentsPermalink





(i) in clause (i), by striking ‘clauses (ii) through (iv)’ and inserting ‘clauses (ii) through (v)’;CommentsClose CommentsPermalink





(ii) in clause (iv)(II), by striking ‘decedent’ and inserting ‘descent’; andCommentsClose CommentsPermalink





(iii) by striking clause (v) and inserting the following:CommentsClose CommentsPermalink





‘(v) EFFECT OF SUBPARAGRAPH- Nothing in this subparagraph limits the right of any person to devise any trust or restricted interest pursuant to a valid will in accordance with subsection (b).’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) INTESTATE DESCENT OF PERMANENT IMPROVEMENTS-CommentsClose CommentsPermalink





‘(A) DEFINITION OF COVERED PERMANENT IMPROVEMENT- In this paragraph, the term ‘covered permanent improvement’ means a permanent improvement (including an interest in such an improvement) that is--CommentsClose CommentsPermalink





‘(i) included in the estate of a decedent; andCommentsClose CommentsPermalink





‘(ii) attached to a parcel of trust or restricted land that is also, in whole or in part, included in the estate of that decedent.CommentsClose CommentsPermalink





‘(B) RULE OF DESCENT- Except as otherwise provided in a tribal probate code approved under section 206 or a consolidation agreement approved under subsection (j)(9), a covered permanent improvement in the estate of a decedent shall--CommentsClose CommentsPermalink





‘(i) descend to each eligible heir to whom the trust or restricted interest in land in the estate descends pursuant to this subsection; orCommentsClose CommentsPermalink





‘(ii) pass to the recipient of the trust or restricted interest in land in the estate pursuant to a renunciation under subsection (j)(8).CommentsClose CommentsPermalink





‘(C) APPLICATION AND EFFECT- The provisions of this paragraph apply to a covered permanent improvement--CommentsClose CommentsPermalink





‘(i) even though that covered permanent improvement is not held in trust; andCommentsClose CommentsPermalink





‘(ii) without altering or otherwise affecting the non-trust status of such a covered permanent improvement.’;CommentsClose CommentsPermalink





(2) in subsection (b)(2)(B)--CommentsClose CommentsPermalink





(A) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting the subclauses appropriately;CommentsClose CommentsPermalink





(B) by striking ‘Any interest’ and inserting the following:CommentsClose CommentsPermalink





‘(i) IN GENERAL- Subject to clauses (ii) and (iii), any interest’;’;CommentsClose CommentsPermalink





(C) in subclause (III) of clause (i) (as designated by subparagraphs (A) and (B)), by striking the semicolon and inserting a period;CommentsClose CommentsPermalink





(D) by striking ‘provided that nothing’ and inserting the following:CommentsClose CommentsPermalink





‘(iii) EFFECT- Except as provided in clause (ii), nothing; and’.CommentsClose CommentsPermalink





(E) by inserting after clause (i) (as designated by subparagraph (B)) the following:CommentsClose CommentsPermalink





‘(ii) EXCEPTION-CommentsClose CommentsPermalink





‘(I) IN GENERAL- Notwithstanding clause (i), in any case in which a resolution, law, or other duly adopted enactment of the Indian tribe with jurisdiction over the land of which an interest described in clause (i) is a part requests the Secretary to apply subparagraph (A)(ii) to devises of trust or restricted land under the jurisdiction of the Indian tribe, the interest may be devised in fee in accordance with subparagraph (A)(ii).CommentsClose CommentsPermalink





‘(II) EFFECT- Subclause (I) shall apply with respect to a devise of a trust or restricted interest in land by any decedent who dies on or after the date on which the applicable Indian tribe adopts the resolution, law, or other enactment described in subclause (I), regardless of the date on which the devise is made.CommentsClose CommentsPermalink





‘(III) NOTICE OF REQUEST- An Indian tribe shall provide to the Secretary a copy of any resolution, law, or other enactment of the Indian tribe that requests the Secretary to apply subparagraph (A)(ii) to devises of trust or restricted land under the jurisdiction of the Indian tribe.’;CommentsClose CommentsPermalink





(3) in subsection (h)(1)--CommentsClose CommentsPermalink





(A) by striking ‘A will’ and inserting the following:CommentsClose CommentsPermalink





‘(A) IN GENERAL- A will’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(B) PERMANENT IMPROVEMENTS- Except as otherwise expressly provided in the will, a devise of a trust or restricted interest in a parcel of land shall be presumed to include the interest of the testator in any permanent improvements attached to the parcel of land.CommentsClose CommentsPermalink





‘(C) APPLICATION AND EFFECT- The provisions of this paragraph apply to a covered permanent improvement--CommentsClose CommentsPermalink





‘(i) even though that covered permanent improvement is not held in trust; andCommentsClose CommentsPermalink





‘(ii) without altering or otherwise affecting the non-trust status of such a covered permanent improvement.’;CommentsClose CommentsPermalink





(4) in subsection (i)(4)(C), by striking ‘interest land’ and inserting ‘interest in land’;CommentsClose CommentsPermalink





(5) in subsection (j)(2)(A)(ii), by striking ‘interest land’ and inserting ‘interest in land’;CommentsClose CommentsPermalink





(6) in subsection (k), in the matter preceding paragraph (1), by inserting ‘a’ after ‘receiving’; andCommentsClose CommentsPermalink





(7) in subsection (o)--CommentsClose CommentsPermalink





(A) in paragraph (3)--CommentsClose CommentsPermalink





(i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and indenting the clauses appropriately;CommentsClose CommentsPermalink





(ii) by striking ‘(3)’ and all that follows through ‘No sale’ and inserting the following:CommentsClose CommentsPermalink





‘(3) REQUEST TO PURCHASE; CONSENT REQUIREMENTS; MULTIPLE REQUESTS TO PURCHASE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- No sale’;CommentsClose CommentsPermalink





(iii) by striking the last sentence and inserting the following:CommentsClose CommentsPermalink





‘(B) MULTIPLE REQUESTS TO PURCHASE- Except for interests purchased pursuant to paragraph (5), if the Secretary receives a request with respect to an interest from more than 1 eligible purchaser under paragraph (2), the Secretary shall sell the interest to the eligible purchaser that is selected by the applicable heir, devisee, or surviving spouse.’;CommentsClose CommentsPermalink





(B) in paragraph (4)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by adding ‘and’ at the end;CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink





(iii) by striking subparagraph (C); andCommentsClose CommentsPermalink





(C) in paragraph (5)--CommentsClose CommentsPermalink





(i) in subparagraph (A)--CommentsClose CommentsPermalink





(I) in the matter preceding clause (i)--CommentsClose CommentsPermalink

(aa) by inserting ‘or surviving spouse’ after ‘heir’;CommentsClose CommentsPermalink

(bb) by striking ‘paragraph (3)(B)’ and inserting ‘paragraph (3)(A)(ii)’; andCommentsClose CommentsPermalink

(cc) by striking ‘auction and’;CommentsClose CommentsPermalink

(II) in clause (i), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(III) in clause (ii)--CommentsClose CommentsPermalink

(aa) by striking ‘auction’ and inserting ‘sale’;CommentsClose CommentsPermalink

(bb) by striking ‘the interest passing to such heir represents’ and inserting ‘, at the time of death of the applicable decedent, the interest of the decedent in the land represented’; andCommentsClose CommentsPermalink

(cc) by striking the period at the end and inserting ‘; and’;CommentsClose CommentsPermalink

(IV) by adding at the end the following:CommentsClose CommentsPermalink





‘(iii)(I) the Secretary is purchasing the interest under the program authorized under section 213(a)(1); orCommentsClose CommentsPermalink





‘(II) after receiving a notice under paragraph (4)(B), the Indian tribe with jurisdiction over the interest is proposing to purchase the interest from an heir or surviving spouse who is not residing on the property in accordance with clause (i), and who is not a member, and is not eligible to become a member, of that Indian tribe.’; andCommentsClose CommentsPermalink





(ii) in subparagraph (B)--CommentsClose CommentsPermalink





(I) by inserting ‘or surviving spouse’ after ‘heir’ each place it appears; andCommentsClose CommentsPermalink





(II) by striking ‘heir’s interest’ and inserting ‘interest of the heir or surviving spouse’.CommentsClose CommentsPermalink





(d) Conforming Amendment- Section 213(a)(1) of the Indian Land Consolidation Act (25 U.S.C. 2212(a)(1)) is amended by striking ‘section 207(p)’ and inserting ‘section 207(o)’.CommentsClose CommentsPermalink





(e) Owner-Managed Interests- Section 221(a) of the Indian Land Consolidation Act (25 U.S.C. 2220(a)) is amended by inserting ‘owner or’ before ‘co-owners’.CommentsClose CommentsPermalink





(f) Effective Dates-CommentsClose CommentsPermalink





(1) TESTAMENTARY DISPOSITION- The amendments made by subsection (c)(2) of this section to section 207(b) of the Indian Land Consolidation Act (25 U.S.C. 2206(b)) shall not apply to any will executed before the date that is 1 year after the date of enactment of this Act.CommentsClose CommentsPermalink





(2) SMALL UNDIVIDED INTERESTS IN INDIAN LANDS- The amendments made by subsection (c)(7)(C) of this section to subsection (o)(5) of section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206) shall not apply to or affect any sale of an interest under subsection (o)(5) of that section that was completed before the date of enactment of this Act.CommentsClose CommentsPermalink

TITLE III--REAUTHORIZATION OF MEMORIAL TO MARTIN LUTHER KING, JR.CommentsClose CommentsPermalink

SEC. 301. REAUTHORIZATION.CommentsClose CommentsPermalink

Section 508(b)(2) of the Omnibus Parks and Public Lands Management Act of 1996 (40 U.S.C. 8903 note; 110 Stat. 4157, 114 Stat. 26, 117 Stat. 1347, 119 Stat. 527) is amended by striking ‘November 12, 2008’ and inserting ‘November 12, 2009’.CommentsClose CommentsPermalink

Amend the title so as to read: ‘An Act to direct the Secretary of the Interior to take into trust 2 parcels of Federal land for the benefit of certain Indian Pueblos in the State of New Mexico, and for other purposes.’. Attest: Clerk.

110th CONGRESS 2d Session S. 1193 AMENDMENTS Speaker of the House of Representatives. CommentsClose CommentsPermalink

Vice President of the United States andCommentsClose CommentsPermalink

President of the Senate.CommentsClose CommentsPermalink