[Congressional Record Volume 151, Number 25 (Monday, March 7, 2005)]
[Senate]
[Pages S2152-S2159]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN:
  S. 536. A bill to make technical corrections to laws relating to 
Native Americans, and for other purposes; to the Committee on Indian 
Affairs.
  Mr. McCAIN. Mr. President, I am pleased to introduce the Native 
American Omnibus Act of 2005 to amend a variety of Federal statutes 
affecting Indian tribes and Indian people. This Act contains nineteen 
provisions, including technical amendments to several laws, extensions 
of expiring authorizations, and provisions relating to particular 
Indian tribes, and certain Native American programs.
  Section 101, amends the Indian finance act of 1974 to clarify that 
non-profit tribal entities are eligible for the BIA Loan Guaranty 
program. It also raises the limit on the amount of loans to $1.5 
billion from $500 million.
  Section 102 extends the authorization for the Indian Tribal Justice 
Technical and Legal Assistance Act to through fiscal year 2010.
  Section 103 extends the Indian Tribal Justice Act for three more 
years.
  Section 104 cures a problem specific to New Mexico and the 1924 
Indian Pueblo Lands Act. Recently, the New Mexico State Court of 
Appeals ruled that a change from Indian to non-Indian title for a 
parcel of land within a Pueblo land grant area eliminated that parcel's 
status as ``Indian Country.'' This ruling created a jurisdictional void 
for criminal acts occurring on

[[Page S2153]]

land within the original Pueblo land grant once its' title has changed. 
Consistent with existing law, this amendment clarifies that the state 
maintains jurisdiction over non-Indians, the tribe has jurisdiction 
over Indians and its members, and the federal government has 
jurisdiction pursuant to the Major Crimes Act. This amendment does not 
expand Indian civil jurisdiction and only applies to criminal 
jurisdiction. I understand that it is uniformly support by all affected 
parties.
  Section 105, conveys approximately 1290 acres of the Lock and Dam #3 
lands to the Prairie Island Tribe. The provision prohibits gaming or 
structures for human habitation on the conveyed lands.
  Section 106 is a technical amendment to allow binding arbitration in 
all contracts and not just leases on the Gila River Indian Community 
reservation.
  Section 107 conveys several parcels of land in the State of 
Washington to be held in trust for Puyallup Indian Tribes.
  Section 108 amends Native American graves Protection and Repatriation 
Act by clarifying that the term ``Native American'' refers to a member 
of a tribe, a people, or a culture that is or was indigenous to the 
United States.
  Section 109, the amends the Fallon Paiute Shoshone Tribe's water 
rights settlement act to permit the expenditure of six percent of the 
average market value of the Fund over three years.
  Section 110, the Washoe Tribes Lake Tahoe Access Act, corrects the 
1990 settlement and includes 24.3 acres of land near Lake Tahoe for the 
Tribes. The amendment does not affect the number of acres conveyed to 
the Tribe in the original settlement.
  Section 111 amends the Indian Arts and Crafts Act. A major source of 
tribal and individual income comes from the sale of handmade Indian 
arts and crafts, but millions of dollars are diverted each year from 
these artists and tribes by those who reproduce and sell counterfeit 
Indian goods. Enforcing the criminal law that prohibits the sale of 
Indian arts and crafts misrepresented as an Indian product is often 
stalled by the other responsibilities of the FBI including 
investigating terrorism activity and violent crimes on Indian lands. 
This amendment supplements the existing federal investigative authority 
by authorizing other federal investigative bodies, such as the BIA, in 
addition to the FBI, to investigate these offenses.
  Section 112, the Colorado River Indian Reservation Boundary 
Correction Act, corrects the south boundary of the Reservation by 
reestablishing the boundary as it was delineated in the original 
survey.
  Section 113, reauthorizes the Native American Programs Act of 1974 
and establishes the Inter-Departmental Council of Native American 
Affairs.
  Section 114 amends the Native Hawaiian Education Act to include 
research and education activities relating to Native Hawaiian law.
  Section 121 amends the Carl D. Perkins Vocational Act to include the 
registration of Indian students in the Spring semester.
  Section 122, the Native Nations Leadership, Management and Policy Act 
of 2005 authorizes funding for leadership training, strategic and 
organizational development, and research and policy analysis to assist 
American Indian nations to achieve effective self-governance and 
sustainable economic development. This provision renews authorized 
funding for NNI's programs for a period of 10 years, beginning in 
fiscal year 2007. Dedicated funding for NNI is necessary to ensure the 
continuation of these important programs without further draining funds 
from the Udall Foundation's other educational activities.
  Section 132 authorizes the Secretary of Homeland Security, to 
establish a pilot program to enhance an Indian tribe's response to 
border activity. Some Indian tribes that inhabit land on or easily 
accessible to the United States and Canada or Mexico, bear 
extraordinary costs in responding to illegal immigration crossing and 
drug smuggling and almost always divert funds intended for local 
services to do so. While Federal and State law enforcement resources 
may supplement tribal efforts, tribal police, fire and emergency 
services provide the first and often only response because of their 
access to the border. A tribe's proximity to the border and its 
responsibility to the community for public safety and welfare, requires 
that they respond. This program would enhance tribal first responder 
capabilities, provide assistance for aerial and ground surveillance 
technologies, and communication capabilities, and facilitate 
coordination and cooperation with Federal, State, local and tribal 
governments in protecting the border. The Secretary may establish the 
selection criteria for participation in the program including the 
tribes' proximity to the border and the extent to which border crossing 
activity impacts existing tribal resources.
  Section 201, Authorization of 99 year leases, amends Title 25 USC 
Section 415 providing for leases of restricted lands by adding several 
additional tribes to the list of tribes that have requested 99-year 
lease authority.
  Section 202, Certification of rental proceeds, amends Title 25 USC 
Section 488 to permit actual rental proceeds from a lease to constitute 
the rental value of that land, and to satisfy the requirement for 
appraisal of that land.
  Section 211, will permit the Navajo Nation's Sage Memorial Hospital 
to be considered a tribal contractor under the Indian Self-
Determination Act, which will allow the hospital to obtain the benefits 
of coverage under the Federal Tort Claims Act and secure VA drug 
discounts.
  Section 221, amends the American Indian Probate Reform Act of 2004 by 
correcting provisions relating to non-testamentary disposition, 
partition of highly fractionated Indian land, and Tribal probate codes.
  I look forward to working with my colleagues on both sides of the 
aisle to enact this important legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record as follows:

                                 S. 536

       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. 132. 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

[[Page S2154]]

       ``(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--

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       (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 deg.54'30" E., along the 
     north line of said lot 1 a distance of 95 feet to the true 
     point of beginning: Thence S01 deg.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 deg.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 deg.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 deg.06'30" W., 55.00 feet 
     distance, through a central angle of 89 deg.01'00", an arc 
     distance of 85.45 feet; Thence S01 deg.05'30" W., 59.43 feet; 
     Thence N88 deg.54'30" W., 20.00 feet to a point on the 
     westerly line of said lot 4; Thence N0 deg.57'10" E., along 
     said westerly line 113.15 feet to the northwest corner of 
     said lot 4; Thence S89 deg.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'';

[[Page S2156]]

       (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 organizaion.
       ``(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 
     intitated 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.

[[Page S2157]]

       (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.
       (e) 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.

[[Page S2158]]

       ``(2) Limitations.--An appropriation made pursuant to this 
     subsection shall not be subject to section 7(c).''.

                    Subtitle C--Border Preparedness

     SEC. 132. 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

[[Page S2159]]

     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).
                                 ______