[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 1193 Enrolled Bill (ENR)]
S.1193
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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

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TITLE I

-ALBUQUERQUE INDIAN SCHOOL ACT

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 John Paisano,
Jr., Registered Land Surveyor Certificate No. 5708), and dated
March 7, 1977.

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(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.

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(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).

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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.

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TITLE II

-NATIVE AMERICAN TECHNICAL CORRECTIONS

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''.

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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.

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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''.

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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,'' 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.

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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).''.

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(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
(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 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 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) 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 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.

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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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Albuquerque Indian School Act — S. 1193

Other Sections

TITLE I

TITLE II

TITLE III

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