[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 536 Reported in Senate (RS)]






                                                       Calendar No. 100
109th CONGRESS
  1st Session
                                 S. 536

                          [Report No. 109-67]

To make technical corrections to laws relating to Native Americans, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2005

Mr. McCain (for himself and Mr. Dorgan) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

                              May 12, 2005

               Reported by Mr. McCain, without amendment

_______________________________________________________________________

                                 A BILL


 
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 
Omnibus Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
   TITLE I--TECHNICAL AMENDMENTS TO LAWS RELATING TO NATIVE AMERICANS

                     Subtitle A--General Provisions

Sec. 101. Indian Financing Act amendments.
Sec. 102. Indian tribal justice technical and legal assistance.
Sec. 103. Tribal justice systems.
Sec. 104. Indian Pueblo Land Act amendments.
Sec. 105. Prairie Island land conveyance.
Sec. 106. Binding arbitration for Gila River Indian Community 
                            reservation contracts.
Sec. 107. Puyallup Indian Tribe land claims settlement amendments.
Sec. 108. Definition of Native American.
Sec. 109. Fallon Paiute Shoshone Tribes settlement.
Sec. 110. Washoe tribe of Nevada and California land conveyance.
Sec. 111. Indian arts and crafts.
Sec. 112. Colorado River Indian Reservation boundary correction.
Sec. 113. Native American Programs Act of 1974.
Sec. 114. Research and educational activities.
                Subtitle B--Indian Education Provisions

Sec. 121. Definition of Indian student count.
Sec. 122. Native Nations leadership, management, and policy.
                    Subtitle C--Border Preparedness

Sec. 131. Border preparedness on Indian land.
    TITLE II--OTHER AMENDMENTS TO LAWS RELATING TO NATIVE AMERICANS

                    Subtitle A--Indian Land Leasing

Sec. 201. Authorization of 99-year leases.
Sec. 202. Certification of rental proceeds.
                 Subtitle B--Navajo Health Contracting

Sec. 211. Navajo health contracting.
                Subtitle C--Probate Technical Correction

Sec. 221. Probate reform.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Interior.

   TITLE I--TECHNICAL AMENDMENTS TO LAWS RELATING TO NATIVE AMERICANS

                     Subtitle A--General Provisions

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 ``members; and (b) in lieu of such 
        guaranty, to insure'' and inserting ``members; 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 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 inserting 
``(not including an eligible Native American owned or operated 
Community Development Finance Institution)'' after ``Government''.
    (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. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE.

    Sections 106 and 201(d) of the Indian Tribal Justice Technical and 
Legal Assistance Act (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. 103. 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. 104. INDIAN PUEBLO LAND ACT AMENDMENTS.

    (a) In General.--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 as 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 of another Indian tribe, 
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 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 an Indian tribe, which offense is not subject to 
the jurisdiction of the United States.''.

SEC. 105. 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, 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 to 
the Secretary of War and the letters of the Secretary of War in 
response to the Secretary dated August 18, 1937, and November 27, 1937, 
under which the Secretary 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. 106. BINDING ARBITRATION FOR GILA RIVER INDIAN COMMUNITY 
              RESERVATION CONTRACTS.

    (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--
                    (A) by striking ``Any lease'' and all that follows 
                through ``affecting land'' and inserting ``Any 
                contract, including a lease, affecting land''; and
                    (B) by striking ``such lease or contract'' and 
                inserting ``such contract''; 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 the Act of August 9, 1955 (69 Stat. 539, 
chapter 615) and Public 107-159 (116 Stat. 122).

SEC. 107. PUYALLUP INDIAN TRIBE LAND CLAIMS SETTLEMENT AMENDMENTS.

    (a) In General.--The Secretary shall--
            (1) accept the conveyance of the parcels of land within the 
        Puyallup Reservation described in subsection (b); and
            (2) hold the land in trust for the benefit of the Puyallup 
        Indian Tribe.
    (b) Land Description.--The parcels of land referred to in 
subsection (a) are as follows:
            (1) Parcel a.--Lot B, boundary line adjustment 9508150496: 
        according to the map thereof recorded August 15, 1995, records 
        of Pierce County Auditor, situate in the city of Fife, county 
        of Pierce, State of Washington.
            (2) Parcel b.--Lots 3 and 4, Pierce County Short Plat No. 
        8908020412: according to the map thereof recorded August 2, 
        1989, records of Pierce County Auditor, together with portion 
        of SR 5 abutting lot 4, conveyed by deed recorded under 
        recording number 9309070433, described as follows:
            That portion of Government lot 1, sec. 07, T. 20 N., R. 4 
        E., of the Willamette Meridian, described as commencing at 
        Highway Engineer's Station (hereinafter referred to as HES) AL 
        26 6+38.0 P.O.T. on the AL26 line survey of SR 5, Tacoma to 
        King County line: Thence S8854'30" E., along the north line of 
        said lot 1 a distance of 95 feet to the true point of 
        beginning: Thence S0105'30" W87.4' feet: Thence westerly to a 
        point opposite HES AL26 5+50.6 P.O.T. on said AL26 line survey 
        and 75 feet easterly therefrom; Thence northwesterly to a point 
        opposite AL26 5+80.6 on said AL26 line survey and 55 feet 
        easterly therefrom: Thence northerly parallel with said line 
        survey to the north line of said lot 1: Thence N8854'30" E., 
        to the true point of beginning.
            Except that portion of lot 4 conveyed to the State of 
        Washington by deed recorded under recording number 9308100165 
        and more particularly described as follows:
            Commencing at the northeast corner of said lot 4: Thence 
        N8953'30" W., along the north line of said lot 4 a distance of 
        147.44 feet to the true point of beginning and a point of 
        curvature; thence southwesterly along a curve to the left, the 
        center of which bears S006'30" W., 55.00 feet distance, 
        through a central angle of 8901'00", an arc distance of 85.45 
        feet; Thence S0105'30" W., 59.43 feet; Thence N8854'30" W., 
        20.00 feet to a point on the westerly line of said lot 4; 
        Thence N057'10" E., along said westerly line 113.15 feet to 
        the northwest corner of said lot 4; Thence S8953'30" east 
        along said north line, a distance of 74.34 feet to the true 
        point of beginning.
            Chicago Title Insurance Company Order No. 4293514 Lot A 
        boundary line adjustment recorded under Recording No. 
        9508150496. According to the map thereof recorded August 15, 
        1995, records of Pierce County Auditor.
            Situate in the city of Fife, county of Pierce, State of 
        Washington.
            (3) Additional lots.--Any lots acquired by the Tribe 
        located in block 7846, 7850, 7945, 7946, 7949, 7950, 8045, or 
        8049 in the Indian Addition to the city of Tacoma, State of 
        Washington.

SEC. 108. 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. 109. FALLON PAIUTE SHOSHONE TRIBES SETTLEMENT.

    (a) Settlement Fund.--Section 102 of the Fallon Paiute Shoshone 
Indian Tribes Water Rights Settlement Act of 1990 (104 Stat. 3289) is 
amended--
            (1) in subsection (C)--
                    (A) in paragraph (1)--
                            (i) by striking ``The income of the Fund 
                        may be obligated and expended only for the 
                        following purposes:'' and inserting the 
                        following: ``Notwithstanding any conflicting 
                        provision in the original Fund plan during Fund 
                        fiscal year 2004 and during each 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 2003, 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 2004 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 2004, 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 2003, 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 (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);''.

SEC. 110. WASHOE TRIBE OF NEVADA AND CALIFORNIA LAND CONVEYANCE.

    Section 2 of Public Law 108-67 (117 Stat. 880) is amended by 
striking ``the parcel'' and all that follows and inserting ``a portion 
of Lots 3 and 4, as shown on the United States and Encumbrance Map 
revised January 10, 1991, for the Toiyabe National Forest, Ranger 
District Carson -1, located in the S \1/2\ of NW \1/4\ and N \1/2\ of 
SW \1/4\ of the SE \1/4\ of sec. 27, T. 15N, R. 18E, Mt. Diablo Base 
and Meridian, comprising 24.3 acres.''.

SEC. 111. INDIAN ARTS AND CRAFTS.

    (a) Criminal Proceedings; Civil Actions; Misrepresentations.--
Section 5 of the Indian Arts and Crafts Act of 1990 (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' has the meaning 
given the term in section 115(c) of title 18, United States Code.
    ``(b) Criminal Proceedings.--
            ``(1) Referral.--On receiving a complaint of a violation of 
        section 1159 of title 18, United States Code, the Board may 
        refer the complaint to any Federal law enforcement officer for 
        appropriate investigation.
            ``(2) Findings.--The findings of an investigation under 
        paragraph (1) shall be submitted to--
                    ``(A) the Attorney General; and
                    ``(B) the Board.
            ``(3) Recommendations.--On receiving the findings of an 
        investigation in accordance with paragraph (2), the Board may--
                    ``(A) recommend to the Attorney General that 
                criminal proceedings be initiated under section 1159 of 
                that title; and
                    ``(B) provide such support to the Attorney General 
                relating to the criminal proceedings as the Attorney 
                General determines appropriate.
    ``(c) Civil Actions.--In lieu of, or in addition to, any criminal 
proceeding under subsection (a), the Board may recommend that the 
Attorney General initiate a civil action pursuant to section 6.''.
    (b) Section 6 of the Indian Arts and Crafts Act of 1990 (25 U.S.C. 
305e) is amended--
            (1) by striking subsection (d);
            (2) by redesignating subsections (a) through (c) as 
        subsections (b) through (d), respectively;
            (3) by inserting before subsection (b) (as redesignated by 
        paragraph (2)) 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.
            ``(3) Indian tribe.--
                    ``(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 
                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.'';
            (4) in subsection (c) (as redesignated by paragraph (2))--
                    (A) by striking ``of this section''; and
                    (B) by striking ``suit'' and inserting ``the civil 
                action'';
            (5) by striking subsection (d) (as redesignated by 
        paragraph (2)) 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--
                            ``(i) an Indian tribe;
                            ``(ii) an Indian; or
                            ``(iii) an Indian arts and crafts 
                        organization;
                    ``(B) an Indian tribe, acting on behalf of--
                            ``(i) the tribe;
                            ``(ii) a member of that tribe; or
                            ``(iii) an Indian arts and crafts 
                        organization;
                    ``(C) an Indian; or
                    ``(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.
                    ``(B) Exceptions.--
                            ``(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.'';
            (6) in subsection (e), by striking ``(e) In the event 
        that'' and inserting the following:
    ``(e) Savings Provision.--If''; and
            (7) by striking subsection (f) and inserting the following:
    ``(f) Regulations.--Not later than 180 days after the date of 
enactment of the Native American Omnibus Act of 2005, the Board shall 
promulgate regulations to include in the definition of the term `Indian 
product' examples of each Indian product to provide guidance and notice 
to Indian artisans, suppliers of the artisans, and consumers of Indian 
arts and crafts.''.
    (c) Conforming Amendment.--Section 1159(c) of title 18, United 
States Code, is amended 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 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''.

SEC. 112. COLORADO RIVER INDIAN RESERVATION BOUNDARY CORRECTION.

    (a) Findings.--Congress finds that--
            (1) the Act of March 3, 1865, created the Colorado River 
        Indian Reservation along the Colorado River in Arizona and 
        California for the ``Indians of said river and its 
        tributaries'';
            (2) in 1873 and 1874, President Grant issued Executive 
        orders to expand the Reservation southward and to secure the 
        southern boundary of the Reservation at a clearly recognizable 
        geographic location in order to forestall encroachment by non-
        Indians and conflicts with the Indians of the Reservation;
            (3) in 1875, Chandler Robbins conducted the Robbins Survey, 
        delineating the new southern boundary of the Reservation, which 
        included the La Paz land as part of the Reservation;
            (4) on May 15, 1876, President Grant issued an Executive 
        order establishing the boundaries of the Reservation as the 
        boundaries delineated by the Robbins Survey;
            (5) in 1907, as a result of increasingly frequent 
        trespasses by miners and cattle and at the request of the 
        Bureau of Indian Affairs, the General Land Office provided for 
        a resurvey of the southern and southeastern areas of the 
        Reservation;
            (6) in 1914, the General Land Office accepted and approved 
        the Harrington Survey, which confirmed the boundaries that were 
        delineated by the Robbins Survey and established by Executive 
        order in 1876;
            (7) on November 19, 1915, the Secretary of the Interior 
        reversed the decision of the General Land Office to accept the 
        Harrington Survey, and, on the recommendation of the Secretary 
        on November 22, 1915, President Wilson issued Executive Order 
        2273 to correct the error in location of the southern boundary 
        line of the Reservation, effectively excluding the La Paz land 
        from the Reservation;
            (8) historical evidence compiled by the Department of the 
        Interior supports the conclusion that--
                    (A) the recommendation of the Secretary in 1915 
                that the President issue an Executive order to correct 
                an error in locating the southern boundary was in 
                error; and
                    (B) the La Paz land should not have been excluded 
                from the Reservation; and
            (9) the La Paz land continues to hold cultural and 
        historical significance, as well as economic development 
        potential, for the Tribe, which has consistently sought to have 
        the La Paz land restored to the Reservation.
    (b) Purposes.--The purposes of this section are--
            (1) to correct the south boundary of the Reservation by 
        reestablishing the boundary as the boundary was delineated by 
        the Robbins Survey and affirmed by the Harrington Survey;
            (2) to restore the La Paz land to the Reservation, subject 
        to Federal law;
            (3) to provide for continued public access to the La Paz 
        land for recreational purposes; and
            (4) to require the Secretary to ensure that the Reservation 
        boundary, as corrected by this section, is resurveyed and 
        marked in accordance with the public system of surveys extended 
        over the land.
    (c) Definitions.--In this section:
            (1) Harrington survey.--The term ``Harrington Survey'' 
        means the survey of the Reservation conducted by Guy Harrington 
        in 1912.
            (2) La paz land.--The term ``La Paz land'' means the 
        approximately 16,000 acres attributed to the Reservation by the 
        Robbins Survey.
            (3) Map.--The term ``Map'' means the map prepared by the 
        Secretary, acting through the Bureau of Land Management, 
        entitled ``Colorado River Indian Reservation Boundary 
        Correction'' and dated January 4, 2005.
            (4) Reservation.--The term ``Reservation'' means the 
        Colorado River Indian Reservation.
            (5) Robbins survey.--The term ``Robbins Survey'' means the 
        survey of the Reservation conducted by Chandler Robbins in 
        1875.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Tribe.--The term ``Tribe'' includes any tribe a member 
        of which resides on the Reservation.
    (d) Boundary Correction.--
            (1) In general.--The boundaries of the Reservation shall 
        include the boundaries that were delineated by the Robbins 
        Survey, affirmed by the Harrington Survey, including the 
        approximately 15,375 acres of Federal land described as ``Land 
        Identified for Transfer to Colorado River Indian Tribes'' on 
        the Map.
            (2) Review.--The Map shall be available for review at the 
        Bureau of Land Management.
            (3) Resurvey and marking.--The Secretary shall ensure that 
        the boundary described in paragraph (1) is surveyed and clearly 
        marked in accordance with the public system of surveys extended 
        over the land.
    (e) Restoration of Rights, Title, and Interest.--
            (1) In general.--Subject to paragraph (2) and other 
        provisions of Federal law, all right, title, and interest of 
        the United States to the land in the boundaries described in 
        subsection (d)(1) that were excluded from the Reservation 
        pursuant to Executive Order 2273 (relating to the southern 
        boundary line of the Reservation)--
                    (A) are restored to the Reservation; and
                    (B) shall be held in trust by the United States on 
                behalf of the Tribe.
            (2) Exclusions.--
                    (A) State land.--The 2 parcels of land belonging to 
                the State of Arizona (totaling 320 acres and 520 acres, 
                respectively) that are identified on the Map as ``State 
                Land'' shall be excluded from the land described in 
                paragraph (1).
                    (B) Water rights.--The land described in subsection 
                (d)(1) shall not include any Federal reserve water 
                right to surface water or ground water from any source.
                    (C) Public access.--The public shall have continued 
                access to the land described in subsection (d)(1) for 
                hunting and other recreational purposes in existence on 
                the date of enactment of this Act, in accordance with 
                any rule or regulation promulgated by the Tribe.
                    (D) Economic activity.--
                            (i) In general.--The land described in 
                        subsection (d)(1) shall be subject to any 
                        right-of-way, easement, lease, or mining claim 
                        in existence on the date of enactment of this 
                        Act.
                            (ii) Reclamation projects.--The United 
                        States reserves the right to continue any 
                        reclamation project relating to the land 
                        described in subsection (d)(1) in existence on 
                        the date of enactment of this Act, including 
                        the right to access and remove mineral 
                        materials for maintenance of the Colorado 
                        River.
                            (iii) Additional rights-of-way.--
                        Notwithstanding any other provision of law, the 
                        Secretary, in consultation with the Tribe, 
                        shall grant any additional right-of-way 
                        (including an expansion or renewal of an 
                        existing right-of-way) for a road, utility, or 
                        another accommodation to an adjoining landowner 
                        or holder of a right-of-way (or their 
                        successors and assigns) if the Secretary 
                        determines that--
                                    (I) the proposed right-of-way is 
                                necessary to the applicant;
                                    (II) the acquisition of the 
                                proposed right-of-way will not cause 
                                significant harm to the Tribe; and
                                    (III) the proposed right-of-way--
                                            (aa) complies with part 169 
                                        of title 25, Code of Federal 
                                        Regulations; and
                                            (bb) is consistent with 
                                        this subsection and other 
                                        generally applicable Federal 
                                        laws unrelated to the 
                                        acquisition of interests on 
                                        trust land.
                            (iv) Exception for roads and utilities.--
                        Section 169.3 of title 25, Code of Federal 
                        Regulations, shall not apply to the expansion 
                        or renewal of a right-of-way in existence on 
                        the date of enactment of this Act for a road or 
                        utility.
                            (v) Fees.--If the holder of a lease, 
                        easement, or right-of-way substantially 
                        complies with all terms of the lease, easement, 
                        or right-of-way, the fees charged for the 
                        renewal of the lease, easement, or right-of-way 
                        under this section shall be not greater than 
                        the applicable Federal rate for such a lease, 
                        easement, or right-of-way at the time of the 
                        renewal.
    (f) Gaming.--Land taken into trust under this section shall not--
            (1) be considered to have been taken into trust for gaming; 
        or
            (2) be used for gaming (as that term is used in the Indian 
        Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).

SEC. 113. NATIVE AMERICAN PROGRAMS ACT OF 1974.

    (a) Intra-Departmental Council on Native American Affairs.--Section 
803B(d)(1) of the Native American Programs Act of 1974 (42 U.S.C. 
2991b-2(d)(1)) is amended by striking ``There'' and all that follows 
and inserting the following: ``There is established in the Office of 
the Secretary the Intra-Departmental Council on Native American 
Affairs. The Commissioner and the Director of the Indian Health Service 
shall serve as co-chairpersons of the Council. The co-chairpersons 
shall advise the Secretary on all matters affecting Native Americans 
that involve the Department.''.
    (b) Authorization of Appropriations.--Section 816 of the Native 
American Programs Act of 1974 (42 U.S.C. 2992d) is amended--
            (1) by striking subsections (a) through (c) and inserting 
        the following:
    ``(a) In General.--There are authorized to be appropriated--
            ``(1) to carry out section 803(d), $8,000,000 for each of 
        fiscal years 2006 through 2010; and
            ``(2) to carry out provisions of this title other than 
        section 803(d) and any other provision having an express 
        authorization of appropriations, such sums as are necessary for 
        each of fiscal years 2006 through 2010.
    ``(b) Limitation.--Not less than 90 percent of the funds made 
available to carry out this title for a fiscal year (other than funds 
made available to carry out sections 803(d), 803A, 803C, and 804, and 
any other provision of this title having an express authorization of 
appropriations) shall be expended to carry out section 803(a).'';
            (2) by redesignating subsection (d) as subsection (c); and
            (3) by striking subsection (e).
    (c) Reports.--Section 811A of the Native American Programs Act of 
1974 (42 U.S.C. 2992-1) is amended--
            (1) by striking the section heading and all that follows 
        through ``each year,'' and inserting the following:

``SEC. 811A. REPORTS.

    ``Every 5 years, the Secretary shall''; and
            (2) by striking ``an annual report'' and inserting ``a 
        report''.

SEC. 114. RESEARCH AND EDUCATIONAL ACTIVITIES.

    Section 7205(a)(3) of the Native Hawaiian Education Act (20 U.S.C. 
7515(a)(3)) is amended--
            (1) by redesignating subparagraphs (K) and (L) as 
        subparagraphs (L) and (M), respectively; and
            (2) by inserting after subparagraph (J) the following:
                    ``(K) research and educational activities relating 
                to Native Hawaiian law;''.

                Subtitle B--Indian Education Provisions

SEC. 121. DEFINITION OF INDIAN STUDENT COUNT.

    Section 117(h) of the Carl D. Perkins Vocational and Technical 
Education Act of 1998 (20 U.S.C. 2327(h)) is amended by striking 
paragraph (2) and inserting the following:
            ``(2) Indian student count.--
                    ``(A) In general.--The term `Indian student count' 
                means a number equal to the total number of Indian 
                students enrolled in each tribally-controlled 
                postsecondary vocational and technical institution, as 
                determined in accordance with subparagraph (B).
                    ``(B) Determination.--
                            ``(i) Enrollment.--For each academic year, 
                        the Indian student count shall be determined on 
                        the basis of the enrollments of Indian students 
                        as in effect at the conclusion of--
                                    ``(I) in the case of the fall term, 
                                the third week of the fall term; and
                                    ``(II) in the case of the spring 
                                term, the third week of the spring 
                                term.
                            ``(ii) Calculation.--For each academic 
                        year, the Indian student count for a tribally-
                        controlled postsecondary vocational and 
                        technical institution shall be the quotient 
                        obtained by dividing--
                                    ``(I) the sum of the credit-hours 
                                of all Indian students enrolled in the 
                                tribally-controlled postsecondary 
                                vocational and technical institution 
                                (as determined under clause (i)); 
                                divided by
                                    ``(II) 12.
                            ``(iii) Summer term.--Any credit earned in 
                        a class offered during a summer term shall be 
                        counted in the determination of the Indian 
                        student count for the succeeding fall term.
                            ``(iv) Students without secondary school 
                        degrees.--
                                    ``(I) In general.--A credit earned 
                                at a tribally-controlled postsecondary 
                                vocational and technical institution by 
                                any Indian student that has not 
                                obtained a secondary school degree (or 
                                the recognized equivalent of such a 
                                degree) shall be counted toward the 
                                determination of the Indian student 
                                count if the institution at which the 
                                student is enrolled has established 
                                criteria for the admission of the 
                                student on the basis of the ability of 
                                the student to benefit from the 
                                education or training of the 
                                institution.
                                    ``(II) Presumption.--The 
                                institution shall be presumed to have 
                                established the criteria described in 
                                subclause (I) if the admission 
                                procedures for the institution include 
                                counseling or testing that measures the 
                                aptitude of a student to successfully 
                                complete a course in which the student 
                                is enrolled.
                                    ``(III) Credits toward secondary 
                                school degree.--No credit earned by an 
                                Indian student for the purpose of 
                                obtaining a secondary school degree (or 
                                the recognized equivalent of such a 
                                degree) shall be counted toward the 
                                determination of the Indian student 
                                count under this clause.
                            ``(v) Continuing education programs.--Any 
                        credit earned by an Indian student in a 
                        continuing education program of a tribally-
                        controlled postsecondary vocational and 
                        technical institution shall be included in the 
                        determination of the sum of all credit hours of 
                        the student if the credit is converted to a 
                        credit-hour basis in accordance with the system 
                        of the institution for providing credit for 
                        participation in the program.''.

SEC. 122. NATIVE NATIONS LEADERSHIP, MANAGEMENT, AND POLICY.

    (a) Findings.--Congress finds that--
            (1) the policy of the United States favors self-
        determination for Indian tribes;
            (2) consistent with the policy described in paragraph (1), 
        Indian tribes are increasingly taking control of the affairs of 
        the tribes in order to realize in practice most of the status 
        afforded the tribes in treaties, court decisions, and 
        legislation;
            (3) as a result of the increasing control of the tribes, 
        tribes require enhanced leadership preparation and greater 
        access to information relating to research and analysis of 
        successful models for tribal government and business 
        operations, similar to the information regularly available to 
        Federal, State, and local government agencies;
            (4) enabling Indian tribes to develop strong leadership and 
        governing policy is consistent with Federal policy supporting 
        tribal self-determination and increases the likelihood that 
        tribal governments will achieve political and economic self-
        determination; and
            (5) during the last 5 years, the Morris K. Udall 
        Scholarship and Excellence in National Environmental Policy 
        Foundation, in cooperation with the Native Nations Institute at 
        the University of Arizona, pursuant to section 6(7) of the 
        Morris K. Udall Scholarship and Excellence in National 
        Environmental and Native American Public Policy Act of 1992 (20 
        U.S.C. 5604(7)), has provided to Indian tribes the leadership 
        and management training, policy analysis, and research of the 
        quality and type required to assist Indian tribes to achieve 
        self-determination.
    (b) Definitions.--Section 4 of the Morris K. Udall Scholarship and 
Excellence in National Environmental and Native American Public Policy 
Act of 1992 (20 U.S.C. 5602) is amended--
            (1) by redesignating paragraphs (6) through (9) as 
        paragraphs (7) through (10), respectively; and
            (2) by inserting after paragraph (5) the following:
            ``(6) the terms `Indian tribe' and `tribe' have the meaning 
        given the term `Indian tribe' in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b);''.
    (c) Authority of Foundation.--Section 7(a)(1) of the Morris K. 
Udall Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 (20 U.S.C. 5605(a)(1)) is amended by 
striking subparagraph (C) and inserting the following:
            ``(C) Fields of study.--
                    ``(i) In general.--The Foundation may award 
                scholarships, fellowships, internships, and grants to 
                eligible individuals in accordance with this Act for 
                study in fields relating to the environment and Native 
                American and Alaska Native health care and tribal 
                public policy.
                    ``(ii) Minimum criteria.--A scholarship, 
                fellowship, internship, or grant awarded under this 
                section shall be awarded to an eligible individual that 
                meets the minimum criteria established by the 
                Foundation.
                    ``(iii) State-recognized tribes, bands, nations, 
                and groups.--Notwithstanding the definition of `Indian 
                tribe' under section 4, the Foundation may make an 
                award under this section to an individual that is a 
                member of a Native American tribe, band, nation, or 
                other organized group or community that is recognized 
                by a State.''.
    (d) Authorization of Appropriations.--Section 13 of the Morris K. 
Udall Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 (20 U.S.C. 5609) is amended by 
striking subsection (c) and inserting the following:
    ``(c) Training in Tribal Leadership, Management, and Policy.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out section 6(7)--
                    ``(A) $2,500,000 for each of fiscal years 2007 and 
                2008;
                    ``(B) $4,000,000 for each of fiscal years 2009 and 
                2010; and
                    ``(C) $13,500,000 for each of fiscal years 2011 
                through 2016.
            ``(2) Limitations.--An appropriation made pursuant to this 
        subsection shall not be subject to section 7(c).''.

                    Subtitle C--Border Preparedness

SEC. 131. BORDER PREPAREDNESS ON INDIAN LAND.

    Subtitle D of title IV of the Homeland Security Act of 2002 (6 
U.S.C. 251 et seq.) is amended by adding at the end the following:

``SEC. 447. BORDER PREPAREDNESS PILOT PROGRAM ON INDIAN LAND.

    ``(a) Definitions.--In this section:
            ``(1) Indian land.--The term `Indian land' means--
                    ``(A) all land within the boundaries of any Indian 
                reservation; and
                    ``(B) any land the title to which is--
                            ``(i) held in trust by the United States 
                        for the benefit of an Indian tribe or 
                        individual; or
                            ``(ii) held by any Indian tribe or 
                        individual--
                                    ``(I) subject to a restriction by 
                                the United States against alienation; 
                                and
                                    ``(II) over which an Indian tribe 
                                exercises governmental authority.
            ``(2) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community that is recognized by the Secretary as--
                    ``(A) eligible for the special programs and 
                services provided by the United States to Indians 
                because of their status as Indians; and
                    ``(B) possessing powers of self-government.
            ``(3) Tribal government.--The term `tribal government' 
        means the governing body of an Indian tribe.
    ``(b) Purpose.--The purpose of this section is to require the 
Secretary, acting through the Under Secretary for Border and 
Transportation Security, to establish a pilot program for tribal 
governments on Indian land located on or near the border of the United 
States with Canada or Mexico in order to--
            ``(1) facilitate the coordination of the response of an 
        Indian tribe to a threat to the security of an international 
        border of the United States with the responses of Federal, 
        State, and local governments;
            ``(2) enhance the capability of an Indian tribe as a first 
        responder to an illegal crossing of an immigrant over an 
        international border of the United States; and
            ``(3) provide assistance to Indian tribes in the use by the 
        tribes of effective aerial and ground surveillance 
        technologies, integrated communication systems and equipment, 
        and personnel training.
    ``(c) Pilot Program.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Secretary, acting through the 
        Undersecretary for Border and Transportation Security, shall 
        provide funds and other assistance to tribal governments in 
        accordance with the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450 et seq.).
            ``(2) Use of funds and assistance.--
                    ``(A) In general.--A tribal government shall use 
                any funds or assistance provided under paragraph (1) 
                consistent with the purposes of this section.
                    ``(B) Administration by tribal governments.--A 
                tribal government that receives any funds or assistance 
                under paragraph (1) shall administer the funds or 
                assistance in accordance with the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450 et seq.).
            ``(3) Selection criteria.--In selecting a tribal government 
        to receive funds or assistance under paragraph (1), the 
        Secretary may take into consideration--
                    ``(A) the distance between the Indian land in the 
                jurisdiction of the tribal government and an 
                international border of the United States;
                    ``(B) the extent to which a border enforcement 
                effort effects the resources of the Indian tribe; and
                    ``(C) the interests of the Indian tribe.
    ``(d) Reports.--
            ``(1) Tribal governments.--
                    ``(A) In general.--Not later than 1 year after 
                receiving funds or assistance under subsection (c), a 
                tribal government shall submit to the Secretary a 
                report in such a manner and containing such information 
                as the Secretary may require.
                    ``(B) Inclusion.--A report under subparagraph (A) 
                shall include a description of--
                            ``(i) any funds or assistance received by 
                        the tribal government under this section;
                            ``(ii) the use of the funds or assistance 
                        by the tribal government; and
                            ``(iii) any obstacle encountered by the 
                        tribal government in administering the funds or 
                        assistance.
            ``(2) Secretary.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing--
                    ``(A) the information contained in the reports 
                under paragraph (1);
                    ``(B) the degree of success of the Secretary in 
                implementing the pilot program; and
                    ``(C) any recommendation, including a legislative 
                recommendation, of the Secretary relating to the pilot 
                program.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2006 through 2008.''.

    TITLE II--OTHER AMENDMENTS TO LAWS RELATING TO NATIVE AMERICANS

                    Subtitle A--Indian Land Leasing

SEC. 201. 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 reservation of 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 ``Washington,,'' and inserting 
        ``Washington,'';
            (6) by inserting ``land held in trust for the Prairie Band 
        Potawatomi Nation,'' before ``land held in trust for the 
        Cherokee Nation of Oklahoma'';
            (7) by inserting ``land held in trust for the Fallon Paiute 
        Shoshone Tribes,'' before ``land 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. 202. CERTIFICATION OF RENTAL PROCEEDS.

    Notwithstanding any other provision of law, any actual rental 
proceeds from the lease of land acquired under section 1 of Public Law 
91-229 (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.

                 Subtitle B--Navajo Health Contracting

SEC. 211. NAVAJO HEALTH CONTRACTING.

    The Navajo Health Foundation/Sage Memorial Hospital in Ganado, 
Arizona, shall be considered to be a tribal contractor under the Indian 
Self-Determination and Education Assistance Act for the purposes of 
section 102(d) and subsections (k) and (o) of section 105 of that Act 
(25 U.S.C. 450f(d), 450j) provided that the Hospital remains the 
authorized tribal organization (as defined in section 4 of that Act (25 
U.S.C. 450b)) of the Navajo Nation.

                Subtitle C--Probate Technical Correction

SEC. 221. PROBATE REFORM.

    (a) Nontestamentary Disposition.--Subsection (a)(2)(D)(iv)(I)(aa) 
of section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206) 
(as amended by section 3(a) of the American Indian Probate Reform Act 
of 2004 (Public Law 108-374)) is amended--
            (1) by striking ``clause (iii)'' and inserting ``this 
        subparagraph''; and
            (2) in subitem (BB), by striking ``any co-owner'' and 
        inserting ``not more than 1 co-owner''.
    (b) Applicable Federal Law.--Subsection (h)(2) of section 207 of 
the Indian Land Consolidation Act (25 U.S.C. 2206) (as amended by 
section 3(d) of the American Indian Probate Reform Act of 2004 (Public 
Law 108-374)) is amended--
            (1) by inserting ``specifically'' after ``pertains''; and
            (2) in subparagraph (B), by striking ``allotted lands'' and 
        inserting ``trust or restricted allotments''.
    (c) Partition of Highly Fractionated Indian Land.--Subsection (d) 
of section 205 of the Indian Land Consolidation Act (25 U.S.C. 2204) 
(as amended by section 4 of the American Indian Probate Reform Act of 
2004 (Public Law 108-374)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (G)(ii)(I), by striking ``a 
                higher value of the land'' and inserting ``a value of 
                the land that is equal to or greater than that of the 
                earlier appraisal''; and
                    (B) in subparagraph (I)(iii)--
                            (i) in subclause (III), by inserting ``(if 
                        any)'' after ``this section''; and
                            (ii) in subclause (IV)(bb), by striking 
                        ``to implement this section'' and inserting 
                        ``under paragraph (5)''; and
            (2) in the second sentence of paragraph (5), by striking 
        ``shall'' and inserting ``may''.
    (d) Purchase Option at Probate.--Subsection (p)(6) of section 207 
of the Indian Land Consolidation Act (25 U.S.C. 2206) (as added by 
section 6(a)(2) of the American Indian Probate Reform Act of 2004 
(Public Law 108-374)) is amended--
            (1) in the first sentence, by striking ``Proceeds'' and 
        inserting the following:
                    ``(A) In general.--Proceeds''; and
            (2) by striking the second sentence and inserting the 
        following:
                    ``(B) Holding in trust.--Proceeds described in 
                subparagraph (A) shall be deposited and held in an 
                account as trust personalty if the interest sold would 
                otherwise pass to--
                            ``(i) the heir, by intestate succession 
                        under subsection (a); or
                            ``(ii) the devisee in trust or restricted 
                        status under subsection (b)(1).''.
    (e) Tribal Probate Codes.--Section 206 of the Indian Land 
Consolidation Act (25 U.S.C. 2205) is amended--
            (1) in subsection (b)(3), by striking subparagraph (A) and 
        inserting the following:
                    ``(A) the date that is 1 year after the date on 
                which the Secretary makes the certification required 
                under section 8(a)(4) of the American Indian Probate 
                Reform Act of 2004; or''; and
            (2) in paragraph (2)(A)(i)(II)(bb) of subsection (c) (as 
        amended by section 6(a)(3) of the American Indian Probate 
        Reform Act of 2004 (Public Law 108-374)), by inserting ``in 
        writing'' after ``agrees''.
    (f) Effective Date.--The amendments made by this section take 
effect as if included in the American Indian Probate Reform Act of 2004 
(Public Law 108-374).




                                                       Calendar No. 100

109th CONGRESS

  1st Session

                                 S. 536

                          [Report No. 109-67]

_______________________________________________________________________

                                 A BILL

To make technical corrections to laws relating to Native Americans, and 
                          for other purposes.

_______________________________________________________________________

                              May 12, 2005

                       Reported without amendment