[House Report 110-692]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-692
======================================================================
TO AMEND CERTAIN LAWS RELATING TO NATIVE AMERICANS, AND FOR OTHER
PURPOSES
_______
June 5, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 5680]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 5680) to amend certain laws relating to Native
Americans, and for others purposes, having considered the same,
report favorably thereon with amendments and recommend that the
bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. Colorado River Indian Tribes.
Sec. 3. Gila River Indian Community contracts.
Sec. 4. Land and interests of the Sault Ste. Marie Tribe of Chippewa
Indians of Michigan.
Sec. 5. Morongo Band of Mission Indians Lease Extension.
Sec. 6. Cow Creek Band of Umpqua Tribe of Indians leasing authority.
Sec. 7. New Settlement Common Stock issued to descendants, left-outs,
and elders.
Sec. 8. Miccosukee Tribe of Indians of Florida.
SEC. 2. COLORADO RIVER INDIAN TRIBES.
From revenues deposited into the Treasury after the date of the
enactment of this Act pursuant to section 3 of the Act of August 7,
1946 (25 U.S.C. 385c) and disbursed pursuant to Public Law 82-136, from
power operations on the reservation of the Colorado River Indian Tribe
and earnings derived from such revenues under section 1(b) of the Act
of June 24, 1938 (25 U.S.C. 162a(b)), the Secretary of the Interior may
make an annual disbursement to the Colorado River Indian Tribes. Funds
disbursed under this section--
(1) shall be used to fund the Office of the Colorado River
Indian Tribes Reservation Energy Development;
(2) shall not affect funds held from any other irrigation
project;
(3) shall not be less than $200,000 and not to exceed
$350,000 annually; and
(4) shall only be disbursed in years that the revenues
deposited exceed the amount required to carry out the purposes
for which they were deposited under section 3(1) of the Act of
August 7, 1946 (25 U.S.C. 385c(1)).
SEC. 3. 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. 4. 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. 5. 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. 6. 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,'' 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.
SEC. 7. NEW SETTLEMENT COMMON STOCK ISSUED TO DESCENDANTS, LEFT-OUTS,
AND ELDERS.
Section 7 of the Alaska Native Claims Settlement Act, (Public Law 92-
203; 85 Stat. 691), is amended--
(1) by amending subsection (g)(1)(B)(iii) (43 U.S.C.
1606(g)(1)(B)(iii)), to read as follows:
``(iii) The amendment authorized by clause (i) may provide that
Settlement Common Stock issued to a Native pursuant to such amendment
(or stock issued in exchange for such Settlement Common Stock pursuant
to subsection (h)(3) of this section or section 1626c(d) of this title)
shall be subject to one or more of the following:
``(I) Such stock shall be deemed canceled upon the death of
such Native, and no compensation for this cancellation shall be
paid to the estate of the deceased Native or to any person
holding stock.
``(II) Such stock shall carry limited or no voting rights.
``(III) Such stock shall not be transferred by gift as
provided in subparagraph (h)(1)(C)(iii).''; and
(2) in subsection (h)(1)(C) (43 U.S.C. 1606(h)(1)(C)), by
striking ``Notwithstanding the restrictions'' and inserting
``Expect as otherwise expressly provided in this chapter and''.
SEC. 8. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA.
As soon as practicable after the date of the enactment of this Act,
the Secretary of the Interior shall, consistent with the National
Environmental Policy Act of 1969, take into trust for the benefit of
the Miccosukee Tribe of Indians of Florida the land described as Tract
A and Tract B, Kendale Lakes North Section One, according to the Map or
Plat thereof, as recorded in Plat Book 93, Page 1, Public Records of
Miami-Dade County, Florida. After having been taken into trust, the
land described in this section shall be part of the reservation of the
Miccosukee Tribe of Indians of Florida.
Amend the title so as to read:
A bill to amend certain laws relating to Native
Americans, and for other purposes.
Purpose of the Bill
The purpose of H.R. 5680, as ordered reported, is to amend
certain laws relating to Native Americans, and for other
purposes.
Background and Need for Legislation
H.R. 5680, as ordered reported, is comprised of seven
distinct measures that seek to resolve issues affecting certain
Native Americans and Alaska Natives. Specifically, these
measures all concern self-governance and economic development
needs and authorities of various tribes and Alaska Native
corporations.
COLORADO RIVER INDIAN TRIBES
A 1946 Act of Congress provides that electrical power
revenues generated from operation of the Bureau of Indian
Affairs (BIA) power system on the Colorado River Indian
Reservation are to be expended for the Reservation's BIA power
system. Furthermore, a 1983 Act of Congress provides that the
investment proceeds that accrue from operating the
Reservation's BIA power system are to be expended on costs
relating to the Reservation's BIA power system. Under federal
law, no other Indian tribe has a claim to either the revenue
the BIA collects from the power system or investment proceeds.
Colorado River Indian Tribes (CRIT) has had longstanding
concerns over the Department's management of the funds and they
believe they are capable of overseeing the management and
funding of the power system. H.R. 5680 seeks clarification that
the Secretary of the Interior may disburse some of the power
system proceeds to CRIT in order for CRIT to create the Office
of the Colorado Indian Tribes Reservation Energy Development.
GILA RIVER INDIAN COMMUNITY CONTRACTS
In 2005, Congress enacted language to the leasing
provisions of Title 25 of the U.S. Code on behalf of the Gila
River Indian Community which authorized the Community to allow
for binding arbitration of disputes that arise from commercial
leases or contracts. The Gila River Indian Community has
adopted standard provisions in its commercial agreements which
provide for arbitration should any dispute arise relating
thereto. These provisions typically provide that the agreement
to arbitrate may be enforced in either Federal or Tribal Court.
Many non-Indian businesses still lack a complete understanding
of tribal courts, however, and remain uncomfortable with the
prospect of pursuing disputes in those courts. The Community
believes, therefore, that this legislation would encourage
business development on the Gila River Reservation by providing
prospective developers certainty and predictability as it
pertains to the mechanism for resolving potential contractual
disputes.
LAND AND INTERESTS OF SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS OF
MICHIGAN
In 1993, the Sault Ste. Marie Tribe purchased 16 acres of
private land in the city of St. Ignace, Michigan and operated a
motel on the property for several years. The Tribe donated this
fee simple land to the Mackinac Straits Hospital Authority
(MSH) for the purpose of constructing a new hospital in 2005.
The new hospital construction is backed by a $35 million loan
guarantee from the U.S. Department of Agriculture (USDA). As
part of the loan guarantee, the USDA requires title insurance
coverage.
The Indian Non-Intercourse Act, 25 U.S.C. Sec. 177,
prohibits the sale, grant or lease of land from any Indian
nation without the consent of the federal government. Although
this does not apply to land held by a tribe in fee simple
status, the title insurance company will not issue coverage
until either the Bureau of Indian Affairs (BIA) commits in
writing that they will not enforce the Indian Non-Intercourse
Act or Congress approves the land transfer through legislation.
Current administration policy is that the Non-Intercourse Act
does not grant the Secretary of the Interior the authority to
approve private (fee) land sales without direct authorization
from Congress. USDA is holding up the loan guarantee until the
title insurance company agrees to the coverage.
This provision will address the title company's concern by
making clear the Tribe's right to convey the land for the
hospital in 2005 was legal. The title insurance can then be
acquired and the USDA loan guarantee secured.
MORONGO TRIBE LEASE EXTENSION
The Morongo Band of Mission Indians' Reservation is located
on approximately 36,000 acres of land, bisected by the east-
west I-10 corridor near Banning, California. In 2002, the tribe
began a program to develop an industrial park using parcels of
land south of I-10. To date, the tribe has been successful in
securing a long-term lease agreement with the Nestle company
and one of its subsidiary units, Arrowhead Water, for the
production and bottling of water for personal consumption.
However, the Morongo Tribe believes it necessary to have the
ability to enter into lease agreements for periods longer than
their current authorized term of 25 years in order to attract
additional tenants and diversify their economy. Many of
Morongo's neighboring Indian tribes have been granted extended
leasing authority, and therefore the Tribe believes that it
must seek similar authority in order to remain competitive.
COW CREEK BAND LEASING AUTHORITY
The Cow Creek Band has been actively investing in local
infrastructure and economic development with the goals of
diversifying their economy and assisting in shaping and
recreating the local economy. They continue to seek to attract
outside businesses and capital to their under-developed
commercial and industrial areas near I-5 in southwestern
Oregon. However, during previous business negotiations, the
Band's currently authorized 25-year lease term has been a
limiting factor. Many businesses have been reluctant to make
large investments when there is no guarantee that they could
operate their business beyond 25 years.
Most other tribes located in Oregon have the authority to
enter into 99-year leases, and therefore the Band believes they
are at a disadvantage. H.R. 5680 provides this authority, which
the Band would like to obtain in order to remain competitive
with neighboring tribes.
NEW SETTLEMENT COMMON STOCK ISSUED TO DESCENDANTS, LEFT-OUTS AND ELDERS
Pursuant to the Alaska Native Claims Settlement Act
(ANCSA), Alaska Natives born before December 18, 1971, were
enrolled to one of thirteen Regional Corporations as
shareholders, and to the Villages in which they lived or to
which they had an historical, cultural, and familial tie. All
shareholders enrolled to one of the Regional Corporations
received original settlement common stock that carried with it
certain rights, such as the right to allocate the shares
through inheritance or by gift to family members, or to vote in
Board elections or on corporate resolutions at annual meetings.
In 1988, ANCSA was amended to allow a Regional Corporation
to authorize the issuance of additional shares of settlement
common stock to Shareholder Descendants, Left-Outs and Elders.
To issue new stock pursuant to the 1988 amendment, a Regional
Corporation was required to have a favorable vote from a
majority of all shares of the Corporation. In 2006, the ANCSA
voting standards were amended to allow ANCSA Corporations to
adopt a resolution to issue new settlement common stock to
Shareholder Descendants, Left-Outs and Elders through a simple
majority vote of those present and voting.
Several ANCSA Regional Corporations would like to now bring
this issue to a vote, but would like to have the option of
issuing new settlement common stock with voting limitations and
limitations on the ability to transfer the stock by gift. The
current law as written in ANCSA is not clear regarding the
ability to limit voting rights or transfer by gift with regards
to issuance of new stock. The language of H.R. 5680 allows
ANCSA corporation shareholders to determine the type of new
settlement stock that could be issued.
SEC. 8. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA
In 2003, the Miccosukee Tribe of Indians submitted an
application to the Department of the Interior to place its
Miccosukee Golf and Country Club enterprise land in south
Florida into trust for the benefit of the Tribe. According to
the Tribe, the entire application, including environmental
studies, is complete and has been pending for 5 years. The land
is near, but not contiguous to the Miccosukee Reservation and
is well within the geographic range of the Tribe's traditional
and ancestral lands.
Committee Action
H.R. 5680 was introduced on April 2, 2008 by Representative
Raul Grijalva (D-AZ), and referred to the Committee on Natural
Resources. On April 9, 2008, the Committee on Natural Resources
held a hearing on the bill.
On May 14, 2008, the Committee on Natural Resources met to
mark up the bill. Rep. Grijalva (D-AZ) offered an amendment in
the nature of a substitute to make several technical
corrections to the bill, such as using the full title for the
Morongo Band of Mission Indians as well as the Cow Creek Band
of Umpqua Tribe of Indians. Language pertaining to the Colorado
River Indian Tribes was revised to specify a minimum and
maximum amount of money that may be disbursed by the Secretary
to the Tribe to develop an Office of Energy Development. Two
provisions were dropped from the bill, one pertaining to the
Columbia River Inter-Tribal Fish Commission and one pertaining
to the Lac du Flambeau Band of Lake Superior Chippewa Indians
of Wisconsin. Finally, the substitute seeks to ensure that the
land into trust acquisition authorized by H.R. 5680 for the
Miccosukee Tribe of Indians of Florida is consistent with the
National Environmental Policy Act of 1969 (NEPA). The amendment
in the nature of a substitute was adopted by unanimous consent.
The bill as amended was then ordered favorably reported to the
House of Representatives by unanimous consent.
Section-by-Section Analysis
Section 1. Table of contents
Section 2. Colorado River Indian Tribes
Section 2 authorizes the Secretary of the Interior to use
revenues deposited in the Treasury from power operations on the
Colorado River Indian Tribes Reservation to establish the
Office of the Colorado Indian Tribes Reservation Energy
Development.
Section 3. Gila River Indian Community contracts
Section 3 clarifies that construction contracts are
included in those to which the Gila River Indian Community is
authorized to enter into agreements for binding arbitration.
Section 4. Land and interests of the Sault Ste. Marie Tribe of Chippewa
Indians of Michigan
Section 4 clarifies the right of the Sault Ste. Marie Tribe
of Chippewa Indians of Michigan to transfer land owned by the
Tribe in fee simple status.
Section 5. Morongo Band of Mission Indians Lease Extension
Section 5 amends the Indian Long-Term Leasing Act, 25
U.S.C. 415, to authorize the Morongo Band of Mission Indians to
lease lands held in trust for up to 50 years. Currently, the
Indian Long-Term Leasing Act authorizes tribes to enter into 25
year leases, with the option to renew for an additional 25
years.
Section 6. Cow Creek Band of Umpqua Tribe of Indians leasing authority
Section 6 amends the Indian Long-Term Leasing Act, 25
U.S.C. Sec. 415, to authorize the Cow Creek Band of Umpqua
Indians, Oregon to lease lands held in trust for up to 99
years. Currently, the Indian Long-Term Leasing Act authorizes
tribes to enter into 25 year leases, with the option to renew
for an additional 25 years.
Section 7. New settlement common stock issued to descendants, left-
outs, and elders
Section 7 would clarify that an ANCSA Regional Corporation
could issue additional settlement stock to Shareholder
Descendants, Left-outs, and Elders, with certain limitations on
voting rights and the right to transfer by gift.
Section 8. Miccosukee Tribe of Indians of Florida
Section 8 takes land into trust for the Miccosukee Tribe of
Indians of Florida.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend certain laws relating to
Native Americans.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 5680--A bill to amend certain laws relating to Native Americans,
and for other purposes
H.R. 5680 would amend various laws concerning Native
Americans. CBO estimates that implementing this legislation
would have no significant impact on the federal budget.
Enacting H.R. 5680 would increase direct spending by roughly
$300,000 annually but would not affect revenues.
H.R. 5680 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Reform Mandates Act and
would impose no costs on State, local, or tribal governments.
The provisions would benefit several Indian tribes.
The bill would authorize the Secretary of the Interior to
make payments of between $200,000 and $350,000 annually to the
reservation of Colorado River Indian Tribes for a new local
energy department. The payments would be made from receipts
earned from the sale of electricity generated by the federally
owned Colorado River power system on that reservation.
Under current law, such receipts from electricity sales--an
estimated $10 million a year--may be used without further
appropriation to operate and maintain generating facilities,
transmission lines, and other infrastructure. Under the bill,
receipts collected in excess of amounts needed for those
purposes would be available, also without further
appropriation, for payments to the tribe. Assuming that
receipts will be available for the new energy department, CBO
estimates that the additional direct spending under the bill
would total around $300,000 a year.
Other sections of the bill would have no significant impact
on the federal budget. Those sections would:
Authorize the Secretary to take lands into trust
for the Miccosukee Tribe of Indians of Florida;
Allow certain tribes to lease lands held in trust
for more than 25-year terms; and
Permit the Sault Ste. Marie Tribe of Chippewa
Indians of Michigan to lease, transfer, or convey, without the
approval of the Secretary, any interest in land not held in
trust by the United States.
The CBO staff contact for this estimate is Leigh Angres.
The estimate was approved by Theresa Gullo, Deputy Assistance
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 5680 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
ACT OF AUGUST 9, 1955
(Commonly referred to as the ``Long-Term Leasing Act'')
AN ACT To authorize the leasing of restricted Indian lands for public,
religious, educational, recreational, residential, business, and other
purposes requiring the grant of long-term leases.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
any restricted Indian lands, whether tribally or individually
owned, may be leased by the Indian owners, with the approval of
the Secretary of the Interior, for public, religious,
educational, recreational, residential, or business purposes,
including the development or utilization of natural resources
in connection with operations under such leases, for grazing
purposes, and for those farming purposes which require the
making of a substantial investment in the improvement of the
land for the production of specialized crops as determined by
said Secretary. All leases so granted shall be for a term of
not to exceed twenty-five years, except leases of land located
outside the boundaries of Indian reservations in the State of
New Mexico, leases of land on the Agua Caliente (Palm Springs)
Reservation, the Dania Reservation, the Pueblo of Santa Ana
(with the exception of the lands known as the ``Santa Ana
Pueblo Spanish Grant''), the reservation of the Confederated
Tribes of the Warm Springs Reservation of Oregon, the Moapa
Indian Reservation, the Swinomish Indian Reservation, the
Southern Ute Reservation, the Fort Mojave Reservation, the
Confederated Tribes of the Umatilla Indian Reservation, the
Burns Paiute Reservation, the Kalispel Indian Reservation, the
pueblo of Cochiti, the pueblo of Pojoaque, the pueblo of
Tesuque, the pueblo of Zuni, the Hualapai Reservation, the
Spokane Reservation, the San Carlos Apache Reservation, the
Yavapai-Prescott Community Reservations, the Pyramid Lake
Reservation, the Gila River Reservation, the Soboba Indian
Reservation, the Viejas Indian Reservation, the Tulalip Indian
Reservation, the Navajo Reservation, the Cabazon Indian
Reservation, the Muckleshoot Indian Reservation and land held
in trust for the Muckleshoot Indian Tribe, the Mille Lacs
Reservation with respect to a lease between an entity
established by the Mille Lacs Band of Chippewa Indians and the
Minnesota Historical Society, leases of the the lands
comprising the Moses Allotment Numbered 8 and the Moses
Allotment Numbered 10, Chelan County, Washington, and lands
held in trust for the Las Vegas Paiute Tribe of Indians, and
lands held in trust for the Twenty-nine Palms Band of Luiseno
Mission Indians, and lands held in trust for the Reno Sparks
Indian Colony, lands held in trust for the Torres Martinez
Desert Cahuilla Indians, lands held in trust for the Guidiville
Band of Pomo Indians of the Guidiville Indian Rancheria, lands
held in trust for the Confederated Tribes of the Umatilla
Indian Reservation, lands held in trust for the Confederated
Tribes of the Warm Springs Reservation of Oregon, and lands
held in trust for the Cow Creek Band of Umpqua Tribe of
Indians, land held in trust for the Prairie Band Potawatomi
Nation, lands held in trust for the Cherokee Nation of
Oklahoma, land held in trust for the Fallon Paiute Shoshone
Tribes, lands held in trust for the Pueblo of Santa Clara, land
held in trust for the Yurok Tribe, land held in trust for the
Hopland Band of Pomo Indians of the Hopland Rancheria, lands
held in trust for the Yurok Tribe, lands held in trust for the
Hopland Band of Pomo Indians of the Hopland Rancheria, lands
held in trust for the Confederated Tribes of the Colville
Reservation, lands held in trust for the Cahuilla Band of
Indians of California, lands held in trust for the confederated
Tribes of the Grand Ronde Community of Oregon, and the lands
held in trust for the Confederated Salish and Kootenai Tribes
of the Flathead Reservation, Montana, and leases to the Devils
Lake Sioux Tribe, or any organization of such tribe, of land on
the Devils Lake Sioux Reservation, which may be for a term of
not to exceed ninety-nine years, 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, and except leases of land
for grazing purposes which may be for a term of not to exceed
ten years. Leases for public, religious, educational,
recreational, residential, or business purposes with the
consent of both parties may include provisions authorizing
their renewal for one additional term of not to exceed twenty-
five years, and all leases and renewals shall be made under
such terms and regulations as may be prescribed by the
Secretary of the Interior. Prior to approval of any lease or
extension of an existing lease pursuant to this section, the
Secretary of the Interior shall first satisfy himself that
adequate consideration has been given to the relationship
between the use of the leased lands and the use of neighboring
lands; the height, quality, and safety of any structures or
other facilities to be constructed on such lands; the
availability of police and fire protection and other services;
the availability of judicial forums for all criminal and civil
causes arising on the leased lands; and the effect on the
environment of the uses to which the leased lands will be
subject.
* * * * * * *
(f) An contract, including a [lease, affecting] lease or
construction contract, affecting land within the Gila River
Indian Community Reservation may contain a provision for the
binding arbitration of disputes arising out of such contract.
Such contracts shall be considered within the meaning of
``commerce'' as defined and subject to the provisions of
section 1 of title 9, United States Code. Any refusal to submit
to arbitration pursuant to a binding agreement for arbitration
or the exercise of any right conferred by title 9 to abide by
the outcome of arbitration pursuant to the provisions of
chapter 1 of title 9, sections 1 through 14, United States
Code, shall be deemed to be a civil action arising under the
Constitution, laws or treaties of the United States within the
meaning of section 1331 of title 28, United States Code.
* * * * * * *
----------
ALASKA NATIVE CLAIMS SETTLEMENT ACT
* * * * * * *
REGIONAL CORPORATIONS
Sec. 7. (a) * * *
* * * * * * *
(g)(1) Settlement common stock.--(A) * * *
(B)(i) * * *
* * * * * * *
[(iii) The amendment authorized by clause (i) may provide
that Settlement Common Stock issued to a Native pursuant to
such amendment (or stock issued in exchange for such Settlement
Common Stock pursuant to subsection (h)(3) or section 37(d))
shall be deemed canceled upon the death of such Native. No
compensation for this cancellation shall be paid to the estate
of the deceased Native or to any person holding the stock.]
(iii) The amendment authorized by clause (i) may provide that
Settlement Common Stock issued to a Native pursuant to such
amendment (or stock issued in exchange for such Settlement
Common Stock pursuant to subsection (h)(3) of this section or
section 1626c(d) of this title) shall be subject to one or more
of the following:
(I) Such stock shall be deemed canceled upon the
death of such Native, and no compensation for this
cancellation shall be paid to the estate of the
deceased Native or to any person holding stock.
(II) Such stock shall carry limited or no voting
rights.
(III) Such stock shall not be transferred by gift as
provided in subparagraph (h)(1)(C)(iii).
* * * * * * *
(h)(1) Rights and restrictions.--(A) * * *
* * * * * * *
(C) [Notwithstanding the restrictions] Expect as otherwise
expressly provided in this chapter and set forth in
subparagraph (B), Settlement Common Stock may be transferred to
a Native or a descendant of a Native--
(i) * * *
* * * * * * *