[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3351 Engrossed in House (EH)]
109th CONGRESS
1st Session
H. R. 3351
_______________________________________________________________________
AN ACT
To make technical corrections to laws relating to Native Americans, and
for other purposes.
109th CONGRESS
1st Session
H. R. 3351
_______________________________________________________________________
AN ACT
To make technical corrections to laws relating to Native Americans, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native American
Technical Corrections Act of 2005''.
(b) Table of Contents.--The table of contents for 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. Indian Financing Act amendments.
Sec. 102. Gila River Indian Community binding arbitration.
Sec. 103. Alaska Native Claims Settlement Act voting standards
amendment.
Sec. 104. Indian tribal justice technical and legal assistance.
Sec. 105. Tribal justice systems.
Sec. 106. ANCSA amendment.
Sec. 107. Mississippi Band of Choctaw transportation reimbursement.
Sec. 108. Indian Pueblo Land Act Amendments.
TITLE II--INDIAN LAND LEASING
Sec. 201. Prairie Island land conveyance.
Sec. 202. Authorization of 99-year leases.
Sec. 203. Paskenta Band of Nomlaki Indians 99-year lease authority.
TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE
AMERICANS
SEC. 101. INDIAN FINANCING ACT AMENDMENTS.
(a) Loan Guaranties and Insurance.--Section 201 of the Indian
Financing Act of 1974 (25 U.S.C. 1481) is amended--
(1) by striking ``the Secretary is authorized (a) to
guarantee'' and inserting
``the Secretary may--
``(1) guarantee'';
(2) by striking ``Indians; and (b) in lieu of such
guaranty, to insure'' and inserting
``Indians; or
``(2) to insure'';
(3) by striking ``Sec. 201. In order'' and inserting the
following:
``SEC. 201. LOAN GUARANTIES AND INSURANCE.
``(a) In General.--In order''; 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) Loan Approval.--Section 204 of the Indian Financing Act of 1974
(25 U.S.C. 1484) is amended by striking ``Sec. 204.'' and inserting the
following:
``SEC. 204. LOAN APPROVAL.''.
(c) 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 paragraph (2) of subsection (c) (as redesignated by
paragraph (3))--
(A) by striking ``Validity.--'' and all that
follows through ``subparagraph (B),'' and inserting
``Validity.--Except as provided by regulations in
effect on the date on which a loan is made,''; and
(B) by striking ``incontestable'' and all that
follows and inserting ``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,''.
(d) Loans Ineligible for Guaranty or Insurance.--Section 206 of the
Indian Financing Act of 1974 (25 U.S.C. 1486) is amended by striking
``Internal Revenue Code of 1954, as amended,'' and inserting ``Internal
Revenue Code of 1986 (except loans made by certified Community
Development Finance Institutions)''.
(e) 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''.
SEC. 102. GILA RIVER INDIAN COMMUNITY BINDING ARBITRATION.
(a) Amendments.--Subsection (f) of the first section of the Act of
August 9, 1955 (25 U.S.C. 415(f)), is amended--
(1) in the first sentence, by striking ``Any lease'' and
all that follows through ``affecting land'' and inserting ``Any
contract, including a lease, affecting land''; and
(2) in the second sentence, by striking ``Such leases or
contracts entered into pursuant to such Acts'' and inserting
``Such contracts''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in Public Law 107-159 (116 Stat. 122).
SEC. 103. ALASKA NATIVE CLAIMS SETTLEMENT ACT VOTING STANDARDS
AMENDMENT.
(a) In General.--Subsection (d)(3) of section 36 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1629b) (as amended by
subsection (b)) is amended--
(1) by inserting after ``of this section'' the following:
``or an amendment to the articles of incorporation described in
section 7(g)(1)(B)''; and
(2) by inserting ``or amendment'' after ``meeting relating
to such resolution'' each place it appears.
(b) Technical Corrections.--
(1)(A) 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--
(i) 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)'';
(ii) in paragraph (2), by striking ``by creating
the following new subsection:'' and inserting ``in
subsection (d), by adding at the end the following:'';
and
(iii) in paragraph (3), by striking ``by creating
the following new subsection:'' and inserting ``by
adding at the end the following:''.
(B) Section 36 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1629b) is amended--
(i) in subsection (d)(3), by striking ``(d)''; and
(ii) in subsection (f), by striking ``section 1629e
of this title'' and inserting ``section 39''.
(2)(A) 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))''.
(B) 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)''.
(3) The amendments made by this subsection take effect on
February 20, 2003.
SEC. 104. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE.
Sections 106 and 201(d) of the Indian Tribal Justice Technical and
Legal Assistance Act of 2000 (25 U.S.C. 3666, 3681(d)) are amended by
striking ``for fiscal years 2000 through 2004'' and inserting ``for
fiscal years 2004 through 2010''.
SEC. 105. TRIBAL JUSTICE SYSTEMS.
Subsections (a), (b), (c), and (d) of section 201 of the Indian
Tribal Justice Act (25 U.S.C. 3621) are amended by striking ``2007''
and inserting ``2010''.
SEC. 106. 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. 107. MISSISSIPPI BAND OF CHOCTAW TRANSPORTATION REIMBURSEMENT.
The Secretary of the Interior, acting through the Bureau of Indian
Affairs, is authorized and directed to enter into a contract in order
to accept funds from the State of Mississippi and deposit such funds in
trust account number PL7489708 at the Office of Trust Funds Management
for the benefit of the Mississippi Band of Choctaw Indians, as set
forth in the agreement executed by the Mississippi Department of
Transportation on June 7, 2005, and by the Mississippi Band of Choctaw
Indians on June 2, 2005. 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. 108. INDIAN PUEBLO LAND ACT AMENDMENTS.
The Act of June 7, 1924 (43 Stat. 636, chapter 331), is amended by
adding at the end the following:
``SEC. 20. CRIMINAL JURISDICTION.
``(a) In General.--Except as otherwise provided by Congress,
jurisdiction over offenses committed anywhere within the exterior
boundaries of any grant from a prior sovereign, as confirmed by
Congress or the Court of Private Land Claims to a Pueblo Indian tribe
of New Mexico shall be provided in this section.
``(b) Jurisdiction of the Pueblo.--The Pueblo has jurisdiction, as
an act of the Pueblos inherent power as an Indian tribe, over any
offense committed by a member of the Pueblo or an Indian, as defined in
section 201 of the Act of April 11, 1968 (25 U.S.C. 1301), or by any
other Indian-owned entity.
``(c) Jurisdiction of the United States.--The United States has
jurisdiction over any offense described in chapter 53 of title 18,
United States Code, committed by or against an Indian as defined in
section 201 of the Act of April 11, 1968 (25 U.S. C. 1301) or any
Indian-owned entity, or that involves any Indian property or interest.
``(d) Jurisdiction of the State of New Mexico.--The State of New
Mexico shall have jurisdiction over any offense committed by a person
who is not a member of a Pueblo or an Indian tribe, as defined in
section 201 of the Act of April 11, 1968 (25 U.S.C. 1301) which offense
is not subject to the jurisdiction of the United States.''.
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 inserting ``the reservation of the Confederated
Tribes of the Umatilla Indian Reservation,'' before ``the Burns
Paiute Reservation,'';
(2) by inserting ``the'' before ``Yavapai-Prescott'';
(3) by inserting ``the Muckleshoot Indian Reservation and
land held in trust for the Muckleshoot Indian Tribe,'' after
``the Cabazon Indian reservation,'';
(4) by inserting ``lands held in trust for the Fallon
Paiute Shoshone Tribes,'' before ``lands held in trust for the
Pueblo of Santa Clara'';
(5) by striking ``the lands comprising the Moses Allotment
Numbered 10, Chelan County, Washington,'' and inserting the
following: ``the lands comprising the Moses Allotment Numbered
8 and the Moses Allotment Numbered 10, Chelan County,
Washington''; and
(6) 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 only to any lease entered into or renewed after the date of the
enactment of this Act.
SEC. 203. PASKENTA BAND OF NOMLAKI INDIANS 99-YEAR LEASE AUTHORITY.
Notwithstanding section 17 of the Act of June 18, 1936 (25 U.S.C.
477; commonly known as the Indian Reorganization Act), the Paskenta
Band of Nomlaki Indians is granted 99-year lease authority over its
reservation land.
Passed the House of Representatives November 16, 2005.
Attest:
Clerk.