[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

122 STAT. 5027

Public Law 110-453
110th Congress

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. [NOTE: Dec. 2, 2008 -  [S. 1193]

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

TITLE [NOTE: Albuquerque Indian School Act.    I--ALBUQUERQUE INDIAN
SCHOOL ACT
SEC. 101. SHORT TITLE.

This title may be cited as the ``Albuquerque Indian School Act''.
SEC. 102. DEFINITIONS.

In this title:
(1) 19 pueblos.--The term ``19 Pueblos'' means the New
Mexico Indian Pueblos of--
(A) Acoma;
(B) Cochiti;
(C) Isleta;
(D) Jemez;
(E) Laguna;
(F) Nambe;
(G) Ohkay Owingeh (San Juan);
(H) Picuris;
(I) Pojoaque;
(J) San Felipe;
(K) San Ildefonso;
(L) Sandia;
(M) Santa Ana;
(N) Santa Clara;
(O) Santo Domingo;
(P) Taos;
(Q) Tesuque;
(R) Zia; and
(S) Zuni.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior (or a designee).
(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

[[Page 5028]]
122 STAT. 5028

John Paisano, Jr., Registered Land Surveyor Certificate No.
5708), and dated March 7, 1977.
SEC. 103. LAND TAKEN INTO TRUST FOR BENEFIT OF 19 PUEBLOS.

(a) Action by Secretary.--
(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.
(2) Administration.--The Secretary shall--
(A) take such action as the Secretary determines to
be necessary to document the transfer under paragraph
(1); and
(B) appropriately assign each applicable private and
municipal utility and service right or agreement.

(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:
(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.
(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.

(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.
(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.
(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.
SEC. 104. EFFECT OF OTHER LAWS.

(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.
(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).

[[Page 5029]]
122 STAT. 5029

TITLE II--NATIVE AMERICAN TECHNICAL CORRECTIONS

SEC. 201. COLORADO RIVER INDIAN TRIBES.

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.
SEC. 202. 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. 203. 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 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.
(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. 204. MORONGO BAND OF MISSION INDIANS 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. 205. COW CREEK BAND OF UMPQUA TRIBE OF INDIANS 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 Tribe of Indians,''

[[Page 5030]]
122 STAT. 5030

after ``lands held in trust for the Confederated Tribes of the Warm
Springs Reservation of Oregon,''.
(b) [NOTE: 25 USC 415 note.   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. 206. NEW SETTLEMENT COMMON STOCK ISSUED TO DESCENDANTS, LEFT-
OUTS, AND ELDERS.

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:
``(iii) Conditions on certain stock.--
``(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).
``(II) Conditions.--A condition
referred to in subclause (I) is a
condition that--
``(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;
``(bb) the stock shall carry
limited or no voting rights; and
``(cc) the stock shall not
be transferred by gift under
subsection (h)(1)(C)(iii).''.
SEC. 207. INDIAN LAND CONSOLIDATION ACT.

(a) Definitions.--Section 202 of the Indian Land Consolidation Act
(25 U.S.C. 2201) is amended--
(1) in paragraph (4)--
(A) by inserting ``(i)'' after ``(4)'';
(B) by striking `` `trust or restricted interest in
land' or'' and inserting the following: ``(ii) `trust or
restricted interest in land' or''; and
(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''; and
(2) by striking paragraph (7) and inserting the following:
``(7) the term `land' means any real property;''.

(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''.
(c) Descent and Distribution.--Section 207 of the Indian Land
Consolidation Act (25 U.S.C. 2206) is amended--
(1) in subsection (a)--
(A) in paragraph (2)(D)--
(i) in clause (i), by striking ``clauses (ii)
through (iv)'' and inserting ``clauses (ii)
through (v)'';
(ii) in clause (iv)(II), by striking
``decedent'' and inserting ``descent''; and

[[Page 5031]]
122 STAT. 5031

(iii) by striking clause (v) and inserting the
following:
``(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).''; and
(B) by adding at the end the following:
``(2) Intestate descent of permanent improvements.--
``(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--
``(i) included in the estate of a decedent;
and
``(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.
``(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--
``(i) descend to each eligible heir to whom
the trust or restricted interest in land in the
estate descends pursuant to this subsection; or
``(ii) pass to the recipient of the trust or
restricted interest in land in the estate pursuant
to a renunciation under subsection (j)(8).
``(C) Application and effect.--The provisions of
this paragraph apply to a covered permanent
improvement--
``(i) even though that covered permanent
improvement is not held in trust; and
``(ii) without altering or otherwise affecting
the non-trust status of such a covered permanent
improvement.' ''';
(2) in subsection (b)(2)(B)--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and
indenting the subclauses appropriately;
(B) by striking ``Any interest'' and inserting the
following:
``(i) In general.--Subject to clauses (ii) and
(iii), any interest'';'';
(C) in subclause (III) of clause (i) (as designated
by subparagraphs (A) and (B)), by striking the semicolon
and inserting a period;
(D) by striking ``provided that nothing'' and
inserting the following:
``(iii) Effect.--Except as provided in clause
(ii), nothing; and''.
(E) by inserting after clause (i) (as designated by
subparagraph (B)) the following:
``(ii) Exception.--
``(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

[[Page 5032]]
122 STAT. 5032

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).
``(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.
``(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.'';
(3) in subsection (h)(1)--
(A) by striking ``A will'' and inserting the
following:
``(A) In general.--A will''; and
(B) by adding at the end the following:
``(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.
``(C) Application and effect.--The provisions of
this paragraph apply to a covered permanent
improvement--
``(i) even though that covered permanent
improvement is not held in trust; and
``(ii) without altering or otherwise affecting
the non-trust status of such a covered permanent
improvement.'';
(4) in subsection (i)(4)(C), by striking ``interest land''
and inserting ``interest in land'';
(5) in subsection (j)(2)(A)(ii), by striking ``interest
land'' and inserting ``interest in land'';
(6) in subsection (k), in the matter preceding paragraph
(1), by inserting ``a'' after ``receiving''; and
(7) in subsection (o)--
(A) in paragraph (3)--
(i) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii) and indenting the clauses
appropriately;
(ii) by striking ``(3)'' and all that follows
through ``No sale'' and inserting the following:
``(3) Request to purchase; consent requirements; multiple
requests to purchase.--
``(A) In general.--No sale'';
(iii) by striking the last sentence and
inserting the following:
``(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

[[Page 5033]]
122 STAT. 5033

that is selected by the applicable heir, devisee, or
surviving spouse.'';
(B) in paragraph (4)--
(i) in subparagraph (A), by adding ``and'' at
the end;
(ii) in subparagraph (B), by striking ``;
and'' and inserting a period; and
(iii) by striking subparagraph (C); and
(C) in paragraph (5)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i)--
(aa) by inserting ``or
surviving spouse'' after
``heir'';
(bb) by striking ``paragraph
(3)(B)'' and inserting
``paragraph (3)(A)(ii)''; and
(cc) by striking ``auction
and'';
(II) in clause (i), by striking
``and'' at the end;
(III) in clause (ii)--
(aa) by striking ``auction''
and inserting ``sale'';
(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''; and
(cc) by striking the period
at the end and inserting ``;
and'';
(IV) by adding at the end the
following:
``(iii)(I) the Secretary is purchasing the
interest under the program authorized under
section 213(a)(1); or
``(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.''; and
(ii) in subparagraph (B)--
(I) by inserting ``or surviving
spouse'' after ``heir'' each place it
appears; and
(II) by striking ``heir's interest''
and inserting ``interest of the heir or
surviving spouse''.

(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)''.
(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''.
(f) [NOTE: 25 USC 2206 note.   Effective Dates.--
(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.
(2) Small undivided interests in indian lands.--The
amendments made by subsection (c)(7)(C) of this section to

[[Page 5034]]
122 STAT. 5034

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.

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

SEC. 301. REAUTHORIZATION.

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''.

Approved December 2, 2008.

LEGISLATIVE HISTORY--S. 1193:
---------------------------------------------------------------------------

SENATE REPORTS: No. 110-434 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 22, considered and passed Senate.
Sept. 29, considered and passed House, amended.
Nov. 19, Senate concurred in House amendments.