[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3351 Engrossed Amendment Senate (EAS)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         April 7, 2006.
    Resolved, That the bill from the House of Representatives (H.R. 
3351) entitled ``An Act to make technical corrections to laws relating 
to Native Americans, and for other purposes.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Native American 
Technical Corrections Act of 2006''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

 TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE 
                               AMERICANS

Sec. 101. Alaska Native Claims Settlement Act technical amendment.
Sec. 102. ANCSA amendment.
Sec. 103. Mississippi Band of Choctaw transportation reimbursement.
Sec. 104. Fallon Paiute Shoshone tribes settlement.

                     TITLE II--INDIAN LAND LEASING

Sec. 201. Prairie Island land conveyance.
Sec. 202. Authorization of 99-year leases.
Sec. 203. Certification of rental proceeds.

     TITLE III--NATIONAL INDIAN GAMING COMMISSION FUNDING AMENDMENT

Sec. 301. National Indian Gaming Commission funding amendment.

                       TITLE IV--INDIAN FINANCING

Sec. 401. Indian Financing Act Amendments.

      TITLE V--NATIVE AMERICAN PROBATE REFORM TECHNICAL AMENDMENT

Sec. 501. Clarification of provisions and amendments relating to 
                            inheritance of Indian lands.

 TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE 
                               AMERICANS

SEC. 101. ALASKA NATIVE CLAIMS SETTLEMENT ACT TECHNICAL AMENDMENT.

    (a)(1) Section 337(a) of the Department of the Interior and Related 
Agencies Appropriations Act, 2003 (Division F of Public Law 108-7; 117 
Stat. 278; February 20, 2003) is amended--
            (A) in the matter preceding paragraph (1), by striking 
        ``Section 1629b of title 43, United States Code,'' and 
        inserting ``Section 36 of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1629b)'';
            (B) in paragraph (2), by striking ``by creating the 
        following new subsection:'' and inserting ``in subsection (d), 
        by adding at the end the following:''; and
            (C) in paragraph (3), by striking ``by creating the 
        following new subsection:'' and inserting ``by adding at the 
        end the following:''.
    (2) Section 36 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1629b) is amended in subsection (f), by striking ``section 1629e 
of this title'' and inserting ``section 39''.
    (b)(1) Section 337(b) of the Department of the Interior and Related 
Agencies Appropriations Act, 2003 (Division F of Public Law 108-7; 117 
Stat. 278; February 20, 2003) is amended by striking ``Section 
1629e(a)(3) of title 43, United States Code,'' and inserting ``Section 
39(a)(3) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1629e(a)(3))''.
    (2) Section 39(a)(3)(B)(ii) of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1629e(a)(3)(B)(ii)) is amended by striking ``(a)(4) of 
section 1629b of this title'' and inserting ``section 36(a)(4)''.
    (c) The amendments made by this section take effect on February 20, 
2003.

SEC. 102. ANCSA AMENDMENT.

    All land and interests in land in the State of Alaska conveyed by 
the Federal Government under the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.) to a Native Corporation and reconveyed by that 
Native Corporation, or a successor in interest, in exchange for any 
other land or interest in land in the State of Alaska and located 
within the same region (as defined in section 9(a) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1608(a)), to a Native Corporation 
under an exchange or other conveyance, shall be deemed, notwithstanding 
the conveyance or exchange, to have been conveyed pursuant to that Act.

SEC. 103. MISSISSIPPI BAND OF CHOCTAW TRANSPORTATION REIMBURSEMENT.

    The Secretary of the Interior is authorized and directed, within 
the 3-year period beginning on the date of enactment of this Act, to 
accept funds from the State of Mississippi pursuant to the contract 
signed by the Mississippi Department of Transportation on June 7, 2005, 
and by the Mississippi Band of Choctaw Indians on June 2, 2005. The 
amount shall not exceed $776,965.30 and such funds shall be deposited 
in the trust account numbered PL7489708 at the Office of Trust Funds 
Management for the benefit of the Mississippi Band of Choctaw Indians. 
Thereafter, the tribe may draw down these moneys from this trust 
account by resolution of the Tribal Council, pursuant to Federal law 
and regulations applicable to such accounts.

SEC. 104. FALLON PAIUTE SHOSHONE TRIBES SETTLEMENT.

    (a) Settlement Fund.--Section 102 of the Fallon Paiute Shoshone 
Indian Tribes Water Rights Settlement Act of 1990 (Public Law 101-618; 
104 Stat. 3289) is amended--
            (1) in subsection (C)--
                    (A) in paragraph (1)--
                            (i) by striking the matter preceding 
                        subparagraph (a) and inserting the following: 
                        ``Notwithstanding any conflicting provision in 
                        the original Fund plan during Fund fiscal year 
                        2006 or any subsequent Fund fiscal year, 6 
                        percent of the average quarterly market value 
                        of the Fund during the immediately preceding 3 
                        Fund fiscal years (referred to in this title as 
                        the `Annual 6 percent Amount'), plus any 
                        unexpended and unobligated portion of the 
                        Annual 6 percent Amount from any of the 3 
                        immediately preceding Fund fiscal years that 
                        are subsequent to Fund fiscal year 2005, less 
                        any negative income that may accrue on that 
                        portion, may be expended or obligated only for 
                        the following purposes:''; and
                            (ii) by adding at the end the following:
            ``(g) Fees and expenses incurred in connection with the 
        investment of the Fund, for investment management, investment 
        consulting, custodianship, and other transactional services or 
        matters.''; and
                    (B) by striking paragraph (4) and inserting the 
                following:
    ``(4) No monies from the Fund other than the amounts authorized 
under paragraphs (1) and (3) may be expended or obligated for any 
purpose.
    ``(5) Notwithstanding any conflicting provision in the original 
Fund plan, during Fund fiscal year 2006 and during each subsequent Fund 
fiscal year, not more than 20 percent of the Annual 6 percent Amount 
for the Fund fiscal year (referred to in this title as the `Annual 1.2 
percent Amount') may be expended or obligated under paragraph (1)(c) 
for per capita distributions to tribal members, except that during each 
Fund fiscal year subsequent to Fund fiscal year 2006, any unexpended 
and unobligated portion of the Annual 1.2 percent Amount from any of 
the 3 immediately preceding Fund fiscal years that are subsequent to 
Fund fiscal year 2005, less any negative income that may accrue on that 
portion, may also be expended or obligated for such per capita 
payments.''; and
            (2) in subsection (D), by adding at the end the following: 
        ``Notwithstanding any conflicting provision in the original 
        Fund plan, the Fallon Business Council, in consultation with 
        the Secretary, shall promptly amend the original Fund plan for 
        purposes of conforming the Fund plan to this title and making 
        nonsubstantive updates, improvements, or corrections to the 
        original Fund plan.''.
    (b) Definitions.--Section 107 of the Fallon Paiute Shoshone Indian 
Tribes Water Rights Settlement Act of 1990 (Public Law 101-618; 104 
Stat. 3293) is amended--
            (1) by redesignating subsections (D), (E), (F), and (G) as 
        subsections (F), (G), (H), and (I), respectively; and
            (2) by striking subsections (B) and (C) and inserting the 
        following:
            ``(B) the term `Fund fiscal year' means a fiscal year of 
        the Fund (as defined in the Fund plan);
            ``(C) the term `Fund plan' means the plan established under 
        section 102(F), including the original Fund plan (the `Plan for 
        Investment, Management, Administration and Expenditure dated 
        December 20, 1991') and all amendments of the Fund plan under 
        subsection (D) or (F)(1) of section 102;
            ``(D) the term `income' means the total net return from the 
        investment of the Fund, consisting of all interest, dividends, 
        realized and unrealized gains and losses, and other earnings, 
        less all related fees and expenses incurred for investment 
        management, investment consulting, custodianship and 
        transactional services or matters;
            ``(E) the term `principal' means the total amount 
        appropriated to the Fallon Paiute Shoshone Tribal Settlement 
        Fund under section 102(B);''.

                     TITLE II--INDIAN LAND LEASING

SEC. 201. PRAIRIE ISLAND LAND CONVEYANCE.

    (a) In General.--The Secretary of the Army shall convey all right, 
title, and interest of the United States in and to the land described 
in subsection (b), including all improvements, cultural resources, and 
sites on the land, subject to the flowage and sloughing easement 
described in subsection (d) and to the conditions stated in subsection 
(f), to the Secretary of the Interior, to be--
            (1) held in trust by the United States for the benefit of 
        the Prairie Island Indian Community in Minnesota; and
            (2) included in the Prairie Island Indian Community 
        Reservation in Goodhue County, Minnesota.
    (b) Land Description.--The land to be conveyed under subsection (a) 
is the approximately 1290 acres of land associated with the Lock and 
Dam #3 on the Mississippi River in Goodhue County, Minnesota, located 
in tracts identified as GO-251, GO-252, GO-271, GO-277, GO-278, GO-284, 
GO-301 through GO-313, GO-314A, GO-314B, GO-329, GO-330A, GO-330B, GO-
331A, GO-331B, GO-331C, GO-332, GO-333, GO-334, GO-335A, GO-335B, GO-
336 through GO-338, GO-339A, GO-339B, GO-339C, GO-339D, GO-339E, GO-
340A, GO-340B, GO-358, GO-359A, GO-359B, GO-359C, GO-359D, and GO-360, 
as depicted on the map entitled ``United States Army Corps of Engineers 
survey map of the Upper Mississippi River 9-Foot Project, Lock & Dam 
No. 3 (Red Wing), Land & Flowage Rights'' and dated December 1936.
    (c) Boundary Survey.--Not later than 5 years after the date of 
conveyance under subsection (a), the boundaries of the land conveyed 
shall be surveyed as provided in section 2115 of the Revised Statutes 
(25 U.S.C. 176).
    (d) Easement.--
            (1) In general.--The Corps of Engineers shall retain a 
        flowage and sloughing easement for the purpose of navigation 
        and purposes relating to the Lock and Dam No. 3 project over 
        the portion of the land described in subsection (b) that lies 
        below the elevation of 676.0.
            (2) Inclusions.--The easement retained under paragraph (1) 
        includes--
                    (A) the perpetual right to overflow, flood, and 
                submerge property as the District Engineer determines 
                to be necessary in connection with the operation and 
                maintenance of the Mississippi River Navigation 
                Project; and
                    (B) the continuing right to clear and remove any 
                brush, debris, or natural obstructions that, in the 
                opinion of the District Engineer, may be detrimental to 
                the project.
    (e) Ownership of Sturgeon Lake Bed Unaffected.--Nothing in this 
section diminishes or otherwise affects the title of the State of 
Minnesota to the bed of Sturgeon Lake located within the tracts of land 
described in subsection (b).
    (f) Conditions.--The conveyance under subsection (a) is subject to 
the conditions that the Prairie Island Indian Community shall not--
            (1) use the conveyed land for human habitation;
            (2) construct any structure on the land without the written 
        approval of the District Engineer; or
            (3) conduct gaming (within the meaning of section 4 of the 
        Indian Gaming Regulatory Act (25 U.S.C. 2703)) on the land.
    (g) No Effect on Eligibility for Certain Projects.--Notwithstanding 
the conveyance under subsection (a), the land shall continue to be 
eligible for environmental management planning and other recreational 
or natural resource development projects on the same basis as before 
the conveyance.
    (h) Effect of Section.--Nothing in this section diminishes or 
otherwise affects the rights granted to the United States pursuant to 
letters of July 23, 1937, and November 20, 1937, from the Secretary of 
the Interior to the Secretary of War and the letters of the Secretary 
of War in response to the Secretary of the Interior dated August 18, 
1937, and November 27, 1937, under which the Secretary of the Interior 
granted certain rights to the Corps of Engineers to overflow the 
portions of Tracts A, B, and C that lie within the Mississippi River 9-
Foot Channel Project boundary and as more particularly shown and 
depicted on the map entitled ``United States Army Corps of Engineers 
survey map of the Upper Mississippi River 9-Foot Project, Lock & Dam 
No. 3 (Red Wing), Land & Flowage Rights'' and dated December 1936.

SEC. 202. AUTHORIZATION OF 99-YEAR LEASES.

    (a) In General.--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--
            (1) by striking ``Moapa Indian reservation'' and inserting 
        ``Moapa Indian Reservation'';
            (2) by inserting ``the Confederated Tribes of the Umatilla 
        Indian Reservation,'' before ``the Burns Paiute Reservation'';
            (3) by inserting ``the'' before ``Yavapai-Prescott'';
            (4) by inserting ``the Muckleshoot Indian Reservation and 
        land held in trust for the Muckleshoot Indian Tribe,'' after 
        ``the Cabazon Indian Reservation,'';
            (5) by striking ``lands comprising the Moses Allotment 
        Numbered 10, Chelan County, Washington,,'' and inserting ``the 
        lands comprising the Moses Allotment Numbered 8 and the Moses 
        Allotment Numbered 10, Chelan County, Washington,'';
            (6) by inserting ``land held in trust for the Prairie Band 
        Potawatomi Nation,'' before ``lands held in trust for the 
        Cherokee Nation of Oklahoma'';
            (7) by inserting ``land held in trust for the Fallon Paiute 
        Shoshone Tribes,'' before ``lands held in trust for the Pueblo 
        of Santa Clara''; and
            (8) by inserting ``land held in trust for the Yurok Tribe, 
        land held in trust for the Hopland Band of Pomo Indians of the 
        Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to any lease entered into or renewed after the date of enactment 
of this Act.

SEC. 203. CERTIFICATION OF RENTAL PROCEEDS.

    Notwithstanding any other provision of law, any actual rental 
proceeds from the lease of land acquired under the first section of the 
Act entitled ``An Act to provide for loans to Indian tribes and tribal 
corporations, and for other purposes'' (25 U.S.C. 488) certified by the 
Secretary of the Interior shall be deemed--
            (1) to constitute the rental value of that land; and
            (2) to satisfy the requirement for appraisal of that land.

     TITLE III--NATIONAL INDIAN GAMING COMMISSION FUNDING AMENDMENT

SEC. 301. NATIONAL INDIAN GAMING COMMISSION FUNDING AMENDMENT.

    (a) Powers of the Commission.--Section 7 of the Indian Gaming 
Regulatory Act (25 U.S.C. 2706) is amended by adding at the end the 
following:
    ``(d) Application of Government Performance and Results Act.--
            ``(1) In general.--In carrying out any action under this 
        Act, the Commission shall be subject to the Government 
        Performance and Results Act of 1993 (Public Law 103-62; 107 
        Stat. 285).
            ``(2) Plans.--In addition to any plan required under the 
        Government Performance and Results Act of 1993 (Public Law 103-
        62; 107 Stat. 285), the Commission shall submit a plan to 
        provide technical assistance to tribal gaming operations in 
        accordance with that Act.''.
    (b) Commission Funding.--Section 18(a)(2) of the Indian Gaming 
Regulatory Act (25 U.S.C. 2717(a)(2)) is amended by striking 
subparagraph (B) and inserting the following:
                    ``(B) The total amount of all fees imposed during 
                any fiscal year under the schedule established under 
                paragraph (1) shall not exceed 0.080 percent of the 
                gross gaming revenues of all gaming operations subject 
                to regulation under this Act.''.

                       TITLE IV--INDIAN FINANCING

SEC. 401. INDIAN FINANCING ACT AMENDMENTS.

    (a) In General.--Section 201 of the Indian Financing Act of 1974 
(25 U.S.C. 1481) is amended--
            (1) by striking ``Sec. 201. In order'' and inserting the 
        following:

``SEC. 201. LOAN GUARANTIES AND INSURANCE.

    ``(a) In General.--In order'';
            (2) by striking ``the Secretary is authorized (a) to 
        guarantee'' and inserting ``the Secretary may--
            ``(1) guarantee'';
            (3) by striking ``members; and (b) in lieu of such 
        guaranty, to insure'' and inserting ``members; or
            ``(2) insure''; and
            (4) by adding at the end the following:
    ``(b) Eligible Borrowers.--The Secretary may guarantee or insure 
loans under subsection (a) to both for-profit and nonprofit 
borrowers.''.
    (b) Sale or Assignment of Loans and Underlying Security.--Section 
205 of the Indian Financing Act of 1974 (25 U.S.C. 1485) is amended--
            (1) by striking ``Sec. 205.'' and all that follows through 
        subsection (b) and inserting the following:

``SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDERLYING SECURITY.

    ``(a) In General.--All or any portion of a loan guaranteed or 
insured under this title, including the security given for the loan--
            ``(1) may be transferred by the lender by sale or 
        assignment to any person; and
            ``(2) may be retransferred by the transferee.
    ``(b) Transfers of Loans.--With respect to a transfer described in 
subsection (a)--
            ``(1) the transfer shall be consistent with such 
        regulations as the Secretary shall promulgate under subsection 
        (h); and
            ``(2) the transferee shall give notice of the transfer to 
        the Secretary.'';
            (2) by striking subsection (c);
            (3) by redesignating subsections (d), (e), (f), (g), (h), 
        and (i) as subsections (c), (d), (e), (f), (g), and (h), 
        respectively;
            (4) in subsection (c) (as redesignated by paragraph (3)), 
        by striking paragraph (2) and inserting the following:
            ``(2) Validity.--Except as provided in regulations in 
        effect on the date on which a loan is made, the validity of a 
        guarantee or insurance of a loan under this title shall be 
        incontestable.'';
            (5) in subsection (e) (as redesignated by paragraph (3))--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
            ``(1) In general.--The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) Compensation of fiscal transfer agent.--A fiscal 
        transfer agent designated under subsection (f) may be 
        compensated through any of the fees assessed under this section 
        and any interest earned on any funds or fees collected by the 
        fiscal transfer agent while the funds or fees are in the 
        control of the fiscal transfer agent and before the time at 
        which the fiscal transfer agent is contractually required to 
        transfer such funds to the Secretary or to transferees or other 
        holders.''; and
            (6) in subsection (f) (as redesignated by paragraph (3))--
                    (A) by striking ``subsection (i)'' and inserting 
                ``subsection (h)''; and
                    (B) in paragraph (2)(B), by striking ``, and 
                issuance of acknowledgments,''.
    (c) Loans Ineligible for Guaranty or Insurance.--Section 206 of the 
Indian Financing Act of 1974 (25 U.S.C. 1486) is amended by inserting 
``(not including an eligible Community Development Finance 
Institution)'' after ``Government''.
    (d) Aggregate Loans or Surety Bonds Limitation.--Section 217(b) of 
the Indian Financing Act of 1974 (25 U.S.C. 1497(b)) is amended by 
striking ``$500,000,000'' and inserting ``$1,500,000,000''.

      TITLE V--NATIVE AMERICAN PROBATE REFORM TECHNICAL AMENDMENT

SEC. 501. CLARIFICATION OF PROVISIONS AND AMENDMENTS RELATING TO 
              INHERITANCE OF INDIAN LANDS.

    (a) Clarifications Relating to Applicable Laws.--
            (1) In general.--Section 207(g)(2) of the Indian Land 
        Consolidation Act (25 U.S.C. 2206(g)(2)) is amended--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``described in paragraph (1)'' and inserting 
                ``specified in paragraph (1)''; and
                    (B) in subparagraph (B), by striking ``identified 
                in Federal law'' and inserting ``identified in such 
                law''.
            (2) Limitation on effect of paragraph.--Section 207(g) of 
        the Indian Land Consolidation Act (25 U.S.C. 2206(g)) is 
        amended by striking paragraph (3) and inserting the following:
            ``(3) Limitation on effect of paragraph.--Except to the 
        extent that this Act would amend or otherwise affect the 
        application of a Federal law specified or described in 
        paragraph (1) or (2), nothing in paragraph (2) limits the 
        application of this Act to trust or restricted land, interests 
        in such land, or any other trust or restricted interests or 
        assets.''.
    (b) Transfer and Exchange; Land for Which Patents Have Been 
Executed and Delivered.--
            (1) Transfer and exchange of land.--Section 4 of the Act of 
        June 18, 1934 (25 U.S.C. 464), is amended to read as follows:

``SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LANDS AND SHARES 
              OF INDIAN TRIBES AND CORPORATIONS.

    ``Except as provided in this Act, no sale, devise, gift, exchange, 
or other transfer of restricted Indian lands or of shares in the assets 
of any Indian tribe or corporation organized under this Act shall be 
made or approved: Provided, That such lands or interests may, with the 
approval of the Secretary of the Interior, be sold, devised, or 
otherwise transferred to the Indian tribe in which the lands or shares 
are located or from which the shares were derived, or to a successor 
corporation; Provided further, That, subject to section 8(b) of the 
American Indian Probate Reform Act of 2004 (Public Law 108-374; 25 
U.S.C. 2201 note), lands and shares described in the preceding proviso 
shall descend or be devised to any member of an Indian tribe or 
corporation described in that proviso or to an heir or lineal 
descendant of such a member in accordance with the Indian Land 
Consolidation Act (25 U.S.C. 2201 et seq.), including a tribal probate 
code approved, or regulations promulgated under, that Act: Provided 
further, That the Secretary of the Interior may authorize any voluntary 
exchanges of lands of equal value and the voluntary exchange of shares 
of equal value whenever such exchange, in the judgment of the 
Secretary, is expedient and beneficial for or compatible with the 
proper consolidation of Indian lands and for the benefit of cooperative 
organizations.''.
            (2) Land for which patents have been executed and 
        delivered.--Section 5 of the Act of February 8, 1887 (25 U.S.C. 
        348) is amended in the second proviso by striking ``That'' and 
        inserting ``That, subject to section 8(b) of the American 
        Indian Probate Reform Act of 2004 (Public Law 108-374; 118 
        Stat. 1810),''.
            (3) Effective dates.--Section 8 of the American Indian 
        Probate Reform Act of 2004 (25 U.S.C. 2201 note; 118 Stat. 
        1809) is amended by striking subsection (b) and inserting the 
        following:
    ``(b) Effective Dates.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        amendments made by this Act apply on and after the date that is 
        1 year after the date on which the Secretary makes the 
        certification required under subsection (a)(4).
            ``(2) Exceptions.--The following provisions of law apply as 
        of the date of enactment of this Act:
                    ``(A) Subsections (e) and (f) of section 207 of the 
                Indian Land Consolidation Act (25 U.S.C. 2206) (as 
                amended by this Act).
                    ``(B) Subsection (g) of section 207 of the Indian 
                Land Consolidation Act (25 U.S.C. 2206) (as in effect 
                on March 1, 2006).
                    ``(C) The amendments made by section 4, section 5, 
                paragraphs (1), (3), (4), (5), (6), (7), (8), (9), 
                (10), and (11) of section 6(a), section 6(b)(3), and 
                section 7 of this Act.''.
    (c) Effective Date of Amendments.--The amendments made by 
subsection (b) shall take effect as if included in the enactment of the 
American Indian Probate Reform Act of 2004 (Public Law 108-374; 118 
Stat. 1773).

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                               H. R. 3351

_______________________________________________________________________

                               AMENDMENT