S 2087
110th CONGRESS
1st Session
S. 2087
To amend certain laws relating to Native Americans to make
technical corrections, and for other purposes.
IN THE SENATE OF THE UNITED STATES
September 25, 2007
Mr. DORGAN (for himself and Mr. MCCAIN) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
A BILL
To amend certain laws relating to Native Americans to make
technical corrections, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Native American Omnibus Technical Corrections
Act of 2007'.
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--
(1) by inserting `or was' after `is'; and
(2) by inserting after `indigenous to' the following: `any geographic
area that is now located within the boundaries of'.
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--
(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';
and
(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'.
(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'.
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--
(A) in the matter preceding subparagraph (A), by inserting `, territories,
and Indian tribes (as defined in section 2704)' after `to assist
States'; and
(B) in subparagraph (B), by striking `and local' and inserting `territorial,
Tribal, and local';
(2) in paragraph (2), by inserting `, territories, and Indian tribes'
after `make grants to States';
(3) in paragraph (3)(C), by inserting `, Tribal,' after `support State';
and
(4) by adding at the end the following:
`(4) EFFECT OF SUBSECTION- Nothing in this subsection, or in the award
or denial of any grant pursuant to this subsection--
`(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; or
`(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.'.
(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'.
(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--
(1) in subsection (a)(2), by inserting `, territorial, or Tribal'
after `State';
(i) by inserting `, territorial, or Tribal' after `State'; and
(ii) by striking `and/or' and inserting `or';
(i) by inserting `, territory, or Indian tribe' after `agency
of the State'; and
(ii) by inserting `, territory, or Indian tribe' after `criminal
laws of that State'; and
(C) by adding at the end the following:
`(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).'; and
(A) in paragraph (3), by striking `Indian Tribes' and inserting
`Indian tribes'; and
(i) in the matter preceding subparagraph (A)--
(I) by striking `State's services' and inserting `services of
the State, territory, or Indian tribe'; and
(II) by striking `and/or' and inserting `or';
(ii) in subparagraph (A), by striking `State';
(iii) in subparagraph (C), by inserting `, Indian tribes,' after
`involved counties'; and
(iv) in subparagraph (D), by inserting `, tribal' after `Federal,
State'.
SEC. 5. INDIAN LAND CONSOLIDATION ACT.
(a) Definitions- Section 202 of the Indian Land Consolidation Act (25
U.S.C. 2201) is amended--
(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 subparagraph (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:
`(A) means any real property; and
`(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.'.
(b) Descent and Distribution- Section 207 of the Indian Land Consolidation
Act (25 U.S.C. 2206) is amended--
(1) in subsection (a)(2)(D)--
(A) in clause (i), by striking `clauses (ii) through (iv)' and inserting
`clauses (ii) through (v)'; and
(B) 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).';
(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:
`(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).
`(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.';
(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.'; and
(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'; and
(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.';
(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
(i) in subparagraph (A)--
(I) in the matter preceding clause (i)--
(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'; and
(bb) by striking `auction and';
(II) in clause (i), by striking `and' at the end;
(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 a semicolon;
and
(IV) by adding at the end the following:
`(iii) the decedent died on or after September 1, 2008; and
`(iv)(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.';
(ii) by redesignating subparagraph (B) as subparagraph (C);
(iii) by inserting after subparagraph (A) the following:
`(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.'; and
(iv) in subparagraph (C) (as redesignated by clause (ii))--
(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'.
(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)'.
SEC. 6. INDIAN GOODS AND PRODUCTS.
(a) Indian Arts and Crafts-
(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:
`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).
`(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.
`(c) Criminal Proceedings-
`(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.
`(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).
`(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--
`(A) the Attorney General; or
`(3) RECOMMENDATIONS- On receiving the findings of an investigation
under paragraph (2), the Board may--
`(A) recommend to the Attorney General that criminal proceedings
be initiated under section 1159 of title 18, United States Code;
and
`(B) provide such support to the Attorney General relating to the
criminal proceedings as the Attorney General determines to be appropriate.
`(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.'.
(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--
(A) by striking subsection (d);
(B) by redesignating subsections (a) through (c) as subsections
(b) through (d), respectively;
(C) by inserting before subsection (b) (as redesignated by subparagraph
(B)) the following:
`(a) Definitions- In this section:
`(1) INDIAN- The term `Indian' means an individual that--
`(A) is a member of an Indian tribe; or
`(B) is certified as an Indian artisan by an Indian tribe.
`(2) INDIAN PRODUCT- The term `Indian product' has the meaning given
the term in any regulation promulgated by the Secretary.
`(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).
`(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--
`(i) a State legislature;
`(ii) a State commission; or
`(iii) another similar organization vested with State legislative
tribal recognition authority.
`(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.';
(D) in subsection (b) (as redesignated by subparagraph (B)), by
striking `subsection (c)' and inserting `subsection (d)';
(E) in subsection (c) (as redesignated by subparagraph (B))--
(i) by striking `subsection (a)' and inserting `subsection (b)';
and
(ii) by striking `suit' and inserting `the civil action';
(F) by striking subsection (d) (as redesignated by subparagraph
(B)) and inserting the following:
`(d) Persons That May Initiate Civil Actions-
`(1) IN GENERAL- A civil action under subsection (b) may be initiated
by--
`(A) the Attorney General, at the request of the Secretary acting
on behalf of--
`(iii) an Indian arts and crafts organization;
`(B) an Indian tribe, acting on behalf of--
`(ii) a member of that Indian tribe; or
`(iii) an Indian arts and crafts organization;
`(D) an Indian arts and crafts organization.
`(2) DISPOSITION OF AMOUNTS RECOVERED-
`(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.
`(i) ATTORNEY GENERAL- In the case of a civil action initiated
under paragraph (1)(A), the Attorney General may deduct from the
amount--
`(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;
and
`(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.
`(ii) INDIAN TRIBE- In the case of a civil action initiated under
paragraph (1)(B), the Indian tribe may deduct from the amount--
`(I) the amount of the cost of the civil action; and
`(II) reasonable attorney's fees.'; and
(G) in subsection (e), by striking `(e) In the event that' and inserting
the following:
`(e) Savings Provision- If'.
(b) Misrepresentation of Indian Produced Goods and Products- Section
1159 of title 18, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
`(b) Penalty- Any person that knowingly violates subsection (a) shall--
`(1) in the case of a first violation by that person--
`(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--
`(i) in the case of an individual, be fined not more than $250,000,
imprisoned for not more than 5 years, or both; and
`(ii) in the case of a person other than an individual, be fined
not more than $1,000,000; and
`(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--
`(i) in the case of an individual, be fined not more than $25,000,
imprisoned for not more than 1 year, or both; and
`(ii) in the case of a person other than an individual, be fined
not more than $100,000; and
`(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--
`(A) in the case of an individual, be fined under this title, imprisoned
for not more than 15 years, or both; and
`(B) in the case of a person other than an individual, be fined
not more than $5,000,000.'; and
(2) in subsection (c), by striking paragraph (3) and inserting the
following:
`(3) the term `Indian tribe'--
`(A) has the meaning given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b); and
`(B) includes, for purposes of this section only, an Indian group
that has been formally recognized as an Indian tribe by--
`(i) a State legislature;
`(ii) a State commission; or
`(iii) another similar organization vested with State legislative
tribal recognition authority; and'.
END
