S 2087 IS

To amend certain laws relating to Native Americans to make technical corrections, and for other purposes.CommentsClose CommentsPermalink

September 25, 2007

Mr. DORGAN (for himself and, Mr. MCCAIN, Mr. BAUCUS, and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsCommentsClose CommentsPermalink

To amend certain laws relating to Native Americans to make technical corrections, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Native American Omnibus Technical Corrections Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. DEFINITION OF NATIVE AMERICAN.

Section 2(9) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001(9)) is amended--CommentsClose CommentsPermalink





(1) by inserting `or was' after `is'; andCommentsClose CommentsPermalink





(2) by inserting after `indigenous to' the following: `any geographic area that is now located within the boundaries of'.CommentsClose CommentsPermalink

SEC. 3. INDIAN TRIBAL JUSTICE.

(a) Indian Tribal Justice Technical and Legal Assistance- The Indian Tribal Justice Technical and Legal Assistance Act of 2000 is amended--CommentsClose CommentsPermalink





(1) in section 106 (25 U.S.C. 3666), by striking `for fiscal years 2000 through 2004' and inserting `for fiscal years 2008 through 2012'; andCommentsClose CommentsPermalink





(2) in section 201(d) (25 U.S.C. 3681(d)), by striking `for fiscal years 2000 through 2004' and inserting `for fiscal years 2008 through 2012'.CommentsClose CommentsPermalink





(b) Indian Tribal Justice Systems- Section 201 of the Indian Tribal Justice Act (25 U.S.C. 3621) is amended by striking `2007' each place it appears and inserting `2012'.CommentsClose CommentsPermalink

SEC. 4. NATIVE AMERICAN PARTICIPATION IN METHAMPHETAMINE GRANTS.

(a) In General- Section 2996(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797cc(a)) is amended--CommentsClose CommentsPermalink





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





(A) in the matter preceding subparagraph (A), by inserting `, territories, and Indian tribes (as defined in section 2704)' after `to assist States'; andCommentsClose CommentsPermalink





(B) in subparagraph (B), by striking `and local' and inserting `territorial, Tribal, and local';CommentsClose CommentsPermalink





(2) in paragraph (2), by inserting `, territories, and Indian tribes' after `make grants to States';CommentsClose CommentsPermalink





(3) in paragraph (3)(C), by inserting `, Tribal,' after `support State'; andCommentsClose CommentsPermalink





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





`(4) EFFECT OF SUBSECTION- Nothing in this subsection, or in the award or denial of any grant pursuant to this subsection--CommentsClose CommentsPermalink





`(A) allows grants authorized under paragraph (3)(A) to be made to, or used by, an entity for law enforcement activities that the entity lacks jurisdiction to perform; orCommentsClose CommentsPermalink





`(B) has any effect other than to authorize, award, or deny a grant of funds to a State, territory, or Indian tribe for the purposes described in this subsection.'.CommentsClose CommentsPermalink





(b) Grant Programs for Drug Endangered Children- Section 755(a) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (42 U.S.C. 3797cc-2(a)) is amended by inserting `, territories, and Indian tribes (as defined in section 2704 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797d))' after `make grants to States'.CommentsClose CommentsPermalink





(c) Grant Programs To Address Methamphetamine Use by Pregnant and Parenting Women Offenders- Section 756 of the USA PATRIOT Improvement and Reauthorization Act of 2005 (42 U.S.C. 3797cc-3) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(2), by inserting `, territorial, or Tribal' after `State';CommentsClose CommentsPermalink





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





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





(i) by inserting `, territorial, or Tribal' after `State'; andCommentsClose CommentsPermalink





(ii) by striking `and/or' and inserting `or';CommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) by inserting `, territory, or Indian tribe' after `agency of the State'; andCommentsClose CommentsPermalink





(ii) by inserting `, territory, or Indian tribe' after `criminal laws of that State'; andCommentsClose CommentsPermalink





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





`(3) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 2704 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797d).'; andCommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (3), by striking `Indian Tribes' and inserting `Indian tribes'; andCommentsClose CommentsPermalink





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





(i) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink





(I) by striking `State's services' and inserting `services of the State, territory, or Indian tribe'; andCommentsClose CommentsPermalink





(II) by striking `and/or' and inserting `or';CommentsClose CommentsPermalink





(ii) in subparagraph (A), by striking `State';CommentsClose CommentsPermalink





(iii) in subparagraph (C), by inserting `, Indian tribes,' after `involved counties'; andCommentsClose CommentsPermalink





(iv) in subparagraph (D), by inserting `, tribal' after `Federal, State'.CommentsClose CommentsPermalink

SEC. 5. INDIAN LAND CONSOLIDATION ACT.

(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:CommentsClose CommentsPermalink





`(ii) `trust or restricted interest in land' or'; andCommentsClose CommentsPermalink





(C) in clause (ii) (as designated by subparagraph (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:CommentsClose CommentsPermalink





`(7) the term `land'--CommentsClose CommentsPermalink





`(A) means any real property; andCommentsClose CommentsPermalink





`(B) only for purposes of intestate succession under section 207(a), includes the interest, if any, owned by the decedent in improvements permanently affixed to a parcel of trust or restricted lands (subject to any valid mortgage or other interest in such an improvement) if the parcel was owned, in whole or in part, by the decedent immediately prior to the death of the decedent.'.CommentsClose CommentsPermalink





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





(1) in subsection (a)(2)(D)--CommentsClose CommentsPermalink





(A) in clause (i), by striking `clauses (ii) through (iv)' and inserting `clauses (ii) through (v)'; andCommentsClose CommentsPermalink





(B) 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).';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'; andCommentsClose 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 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





(3) in subsection (c)(2), by striking `the date that is' and all that follows through the period at the end and inserting the following: `September 1, 2008.'; andCommentsClose CommentsPermalink





(4) 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'; andCommentsClose 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 striking `subparagraph (B), the consent of a person who is an heir' and inserting `subparagraph (C), the consent of a person who is an heir or surviving spouse'; andCommentsClose CommentsPermalink

(bb) 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 a semicolon; andCommentsClose CommentsPermalink

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





`(iii) the decedent died on or after September 1, 2008; andCommentsClose CommentsPermalink





`(iv)(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.';CommentsClose CommentsPermalink





(ii) by redesignating subparagraph (B) as subparagraph (C);CommentsClose CommentsPermalink





(iii) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





`(B) AUTHORITY TO EXTEND DATE- The Secretary may extend the date referred to in subparagraph (A)(iii) by not more than 1 year if, by not later than August 1, 2008, the Secretary publishes in the Federal Register a notice of the extension.'; andCommentsClose CommentsPermalink





(iv) in subparagraph (C) (as redesignated by clause (ii))--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





(c) 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

SEC. 6. INDIAN GOODS AND PRODUCTS.

(a) Indian Arts and Crafts-CommentsClose CommentsPermalink





(1) CRIMINAL PROCEEDINGS; CIVIL ACTIONS; MISREPRESENTATIONS- Section 5 of the Act entitled `An Act to promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes' (25 U.S.C. 305d) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS.

`(a) Definition of Federal Law Enforcement Officer- In this section, the term `Federal law enforcement officer' includes a Federal law enforcement officer (as defined in section 115(c) of title 18, United States Code).CommentsClose CommentsPermalink





`(b) Conduct of Investigations- Any Federal law enforcement officer may conduct an investigation relating to a violation of this Act that occurs on land under the jurisdiction of the Federal Government.CommentsClose CommentsPermalink





`(c) Criminal Proceedings-CommentsClose CommentsPermalink





`(1) INVESTIGATION-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Board may refer an alleged violation of section 1159 of title 18, United States Code, to any Federal law enforcement officer for appropriate investigation.CommentsClose CommentsPermalink





`(B) REFERRAL NOT REQUIRED- A Federal law enforcement officer may investigate an alleged violation of section 1159 of that title regardless of whether the Federal law enforcement officer receives a referral under subparagraph (A).CommentsClose CommentsPermalink





`(2) FINDINGS- The findings of an investigation of an alleged violation of section 1159 of title 18, United States Code, by any Federal department or agency under paragraph (1)(A) shall be submitted to--CommentsClose CommentsPermalink





`(A) the Attorney General; orCommentsClose CommentsPermalink





`(B) the Board.CommentsClose CommentsPermalink





`(3) RECOMMENDATIONS- On receiving the findings of an investigation under paragraph (2), the Board may--CommentsClose CommentsPermalink





`(A) recommend to the Attorney General that criminal proceedings be initiated under section 1159 of title 18, United States Code; andCommentsClose CommentsPermalink





`(B) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate.CommentsClose CommentsPermalink





`(d) Civil Actions- In lieu of, or in addition to, any criminal proceeding under subsection (c), the Board may recommend that the Attorney General initiate a civil action under section 6.'.CommentsClose CommentsPermalink





(2) CAUSE OF ACTION FOR MISREPRESENTATION- Section 6 of the Act entitled `An Act to promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes' (25 U.S.C. 305e) is amended--CommentsClose CommentsPermalink





(A) by striking subsection (d);CommentsClose CommentsPermalink





(B) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively;CommentsClose CommentsPermalink





(C) by inserting before subsection (b) (as redesignated by subparagraph (B)) the following:CommentsClose CommentsPermalink





`(a) Definitions- In this section:CommentsClose CommentsPermalink





`(1) INDIAN- The term `Indian' means an individual that--CommentsClose CommentsPermalink





`(A) is a member of an Indian tribe; orCommentsClose CommentsPermalink





`(B) is certified as an Indian artisan by an Indian tribe.CommentsClose CommentsPermalink





`(2) INDIAN PRODUCT- The term `Indian product' has the meaning given the term in any regulation promulgated by the Secretary.CommentsClose CommentsPermalink





`(3) INDIAN TRIBE-CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).CommentsClose CommentsPermalink





`(B) INCLUSION- The term `Indian tribe' includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by--CommentsClose CommentsPermalink





`(i) a State legislature;CommentsClose CommentsPermalink





`(ii) a State commission; orCommentsClose CommentsPermalink





`(iii) another similar organization vested with State legislative tribal recognition authority.CommentsClose CommentsPermalink





`(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.';CommentsClose CommentsPermalink





(D) in subsection (b) (as redesignated by subparagraph (B)), by striking `subsection (c)' and inserting `subsection (d)';CommentsClose CommentsPermalink





(E) in subsection (c) (as redesignated by subparagraph (B))--CommentsClose CommentsPermalink





(i) by striking `subsection (a)' and inserting `subsection (b)'; andCommentsClose CommentsPermalink





(ii) by striking `suit' and inserting `the civil action';CommentsClose CommentsPermalink





(F) by striking subsection (d) (as redesignated by subparagraph (B)) and inserting the following:CommentsClose CommentsPermalink





`(d) Persons That May Initiate Civil Actions-CommentsClose CommentsPermalink





`(1) IN GENERAL- A civil action under subsection (b) may be initiated by--CommentsClose CommentsPermalink





`(A) the Attorney General, at the request of the Secretary acting on behalf of--CommentsClose CommentsPermalink





`(i) an Indian tribe;CommentsClose CommentsPermalink





`(ii) an Indian; orCommentsClose CommentsPermalink





`(iii) an Indian arts and crafts organization;CommentsClose CommentsPermalink





`(B) an Indian tribe, acting on behalf of--CommentsClose CommentsPermalink





`(i) the Indian tribe;CommentsClose CommentsPermalink





`(ii) a member of that Indian tribe; orCommentsClose CommentsPermalink





`(iii) an Indian arts and crafts organization;CommentsClose CommentsPermalink





`(C) an Indian; orCommentsClose CommentsPermalink





`(D) an Indian arts and crafts organization.CommentsClose CommentsPermalink





`(2) DISPOSITION OF AMOUNTS RECOVERED-CommentsClose CommentsPermalink





`(A) IN GENERAL- Except as provided in subparagraph (B), an amount recovered in a civil action under this section shall be paid to the Indian tribe, the Indian, or the Indian arts and crafts organization on the behalf of which the civil action was initiated.CommentsClose CommentsPermalink





`(B) EXCEPTIONS-CommentsClose CommentsPermalink





`(i) ATTORNEY GENERAL- In the case of a civil action initiated under paragraph (1)(A), the Attorney General may deduct from the amount--CommentsClose CommentsPermalink





`(I) the amount of the cost of the civil action and reasonable attorney's fees awarded under subsection (c), to be deposited in the Treasury and credited to appropriations available to the Attorney General on the date on which the amount is recovered; andCommentsClose CommentsPermalink





`(II) the amount of the costs of investigation awarded under subsection (c), to reimburse the Board for the activities of the Board relating to the civil action.CommentsClose CommentsPermalink





`(ii) INDIAN TRIBE- In the case of a civil action initiated under paragraph (1)(B), the Indian tribe may deduct from the amount--CommentsClose CommentsPermalink





`(I) the amount of the cost of the civil action; andCommentsClose CommentsPermalink





`(II) reasonable attorney's fees.'; andCommentsClose CommentsPermalink





(G) in subsection (e), by striking `(e) In the event that' and inserting the following:CommentsClose CommentsPermalink





`(e) Savings Provision- If'.CommentsClose CommentsPermalink





(b) Misrepresentation of Indian Produced Goods and Products- Section 1159 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





`(b) Penalty- Any person that knowingly violates subsection (a) shall--CommentsClose CommentsPermalink





`(1) in the case of a first violation by that person--CommentsClose CommentsPermalink





`(A) if the applicable goods are offered or displayed for sale at a total price of $1,000 or more, or if the applicable goods are sold for a total price of $1,000 or more--CommentsClose CommentsPermalink





`(i) in the case of an individual, be fined not more than $250,000, imprisoned for not more than 5 years, or both; andCommentsClose CommentsPermalink





`(ii) in the case of a person other than an individual, be fined not more than $1,000,000; andCommentsClose CommentsPermalink





`(B) if the applicable goods are offered or displayed for sale at a total price of less than $1,000, or if the applicable goods are sold for a total price of less than $1,000--CommentsClose CommentsPermalink





`(i) in the case of an individual, be fined not more than $25,000, imprisoned for not more than 1 year, or both; andCommentsClose CommentsPermalink





`(ii) in the case of a person other than an individual, be fined not more than $100,000; andCommentsClose CommentsPermalink





`(2) in the case of a subsequent violation by that person, regardless of the amount for which any good is offered or displayed for sale or sold--CommentsClose CommentsPermalink





`(A) in the case of an individual, be fined under this title, imprisoned for not more than 15 years, or both; andCommentsClose CommentsPermalink





`(B) in the case of a person other than an individual, be fined not more than $5,000,000.'; andCommentsClose CommentsPermalink





(2) in subsection (c), by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





`(3) the term `Indian tribe'--CommentsClose CommentsPermalink





`(A) has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); andCommentsClose CommentsPermalink





`(B) includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by--CommentsClose CommentsPermalink





`(i) a State legislature;CommentsClose CommentsPermalink





`(ii) a State commission; orCommentsClose CommentsPermalink





`(iii) another similar organization vested with State legislative tribal recognition authority; and'.CommentsClose CommentsPermalink