[Congressional Record Volume 151, Number 103 (Tuesday, July 26, 2005)]
[Senate]
[Pages S9055-S9056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONVEYING ALL RIGHT, TITLE, AND INTEREST OF THE UNITED STATES IN AND TO 
THE LAND DESCRIBED IN THIS ACT TO THE SECRETARY OF THE INTERIOR FOR THE 
              PRAIRIE ISLAND INDIAN COMMUNITY IN MINNESOTA

                                 ______
                                 

   AMENDING THE ACT OF JUNE 7, 1924, TO PROVIDE FOR THE EXERCISE OF 
                         CRIMINAL JURISDICTION

                                 ______
                                 

CORRECTING THE SOUTH BOUNDARY OF THE COLORADO RIVER INDIAN RESERVATION 
                               IN ARIZONA

  Ms. COLLINS. I now ask unanimous consent that the Indian Affairs 
Committee be discharged and the Senate proceed to the en bloc 
consideration of H.R. 794, S. 706, and S. 279.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. COLLINS. I ask unanimous consent that the amendment to S. 279 be 
agreed to, the bills, as amended, if amended, be read a third time and 
passed, and the motions to reconsider be laid on the table en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 794) was read the third time and passed.
  The bill (S. 706) was read the third time and passed, as follows:

                                 S. 706

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Prairie Island Land 
     Conveyance Act of 2005''.

     SEC. 2. PRAIRIE ISLAND LAND CONVEYANCE.

       (a) In General.--The Secretary of the Army shall convey all 
     right, title, and interest of the United States in and to the 
     land described in subsection (b), including all improvements, 
     cultural resources, and sites on the land, subject to the 
     flowage and sloughing easement described in subsection (d) 
     and to the conditions stated in subsection (f), to the 
     Secretary of the Interior, to be--
       (1) held in trust by the United States for the benefit of 
     the Prairie Island Indian Community in Minnesota; and
       (2) included in the Prairie Island Indian Community 
     Reservation in Goodhue County, Minnesota.
       (b) Land Description.--The land to be conveyed under 
     subsection (a) is the approximately 1290 acres of land 
     associated with the Lock and Dam #3 on the Mississippi River 
     in Goodhue County, Minnesota, located in tracts identified as 
     GO-251, GO-252, GO-271, GO-277, GO-278, GO-284, GO-301 
     through GO-313, GO-314A, GO-314B, GO-329, GO-330A, GO-330B, 
     GO-331A, GO-331B, GO-331C, GO-332, GO-333, GO-334, GO-335A, 
     GO-335B, GO-336 through GO-338, GO-339A, GO-339B, GO-339C, 
     GO-339D, GO-339E, GO-340A, GO-340B, GO-358, GO-359A, GO-359B, 
     GO-359C, GO-359D, and GO-360, as depicted on the map entitled 
     ``United States Army Corps of Engineers survey map of the 
     Upper Mississippi River 9-Foot Project, Lock & Dam No. 3 (Red 
     Wing), Land & Flowage Rights'' and dated December 1936.
       (c) Boundary Survey.--Not later than 5 years after the date 
     of conveyance under subsection (a), the boundaries of the 
     land conveyed shall be surveyed as provided in section 2115 
     of the Revised Statutes (25 U.S.C. 176).
       (d) Easement.--
       (1) In general.--The Corps of Engineers shall retain a 
     flowage and sloughing easement for the purpose of navigation 
     and purposes relating to the Lock and Dam No. 3 project over 
     the portion of the land described in subsection (b) that lies 
     below the elevation of 676.0.
       (2) Inclusions.--The easement retained under paragraph (1) 
     includes--
       (A) the perpetual right to overflow, flood, and submerge 
     property as the District Engineer determines to be necessary 
     in connection with the operation and maintenance of the 
     Mississippi River Navigation Project; and
       (B) the continuing right to clear and remove any brush, 
     debris, or natural obstructions that, in the opinion of the 
     District Engineer, may be detrimental to the project.
       (e) Ownership of Sturgeon Lake Bed Unaffected.--Nothing in 
     this section diminishes or otherwise affects the title of the 
     State of Minnesota to the bed of Sturgeon Lake located within 
     the tracts of land described in subsection (b).
       (f) Conditions.--The conveyance under subsection (a) is 
     subject to the conditions

[[Page S9056]]

     that the Prairie Island Indian Community shall not--
       (1) use the conveyed land for human habitation;
       (2) construct any structure on the land without the written 
     approval of the District Engineer; or
       (3) conduct gaming (within the meaning of section 4 of the 
     Indian Gaming Regulatory Act (25 U.S.C. 2703)) on the land.
       (g) No Effect on Eligibility for Certain Projects.--
     Notwithstanding the conveyance under subsection (a), the land 
     shall continue to be eligible for environmental management 
     planning and other recreational or natural resource 
     development projects on the same basis as before the 
     conveyance.
       (h) Effect of Section.--Nothing in this section diminishes 
     or otherwise affects the rights granted to the United States 
     pursuant to letters of July 23, 1937, and November 20, 1937, 
     from the Secretary of the Interior to the Secretary of War 
     and the letters of the Secretary of War in response to the 
     Secretary of the Interior dated August 18, 1937, and November 
     27, 1937, under which the Secretary of the Interior granted 
     certain rights to the Corps of Engineers to overflow the 
     portions of Tracts A, B, and C that lie within the 
     Mississippi River 9-Foot Channel Project boundary and as more 
     particularly shown and depicted on the map entitled ``United 
     States Army Corps of Engineers survey map of the Upper 
     Mississippi River 9-Foot Project, Lock & Dam No. 3 (Red 
     Wing), Land & Flowage Rights'' and dated December 1936.

  The amendment (No. 1591) was agreed to, as follows:

              (Purpose: To provide a complete substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. INDIAN PUEBLO LAND ACT AMENDMENTS.

       The Act of June 7, 1924 (43 Stat. 636, chapter 331), is 
     amended by adding at the end the following:

     ``SEC. 20. CRIMINAL JURISDICTION.

       ``(a) In General.--Except as otherwise provided by 
     Congress, jurisdiction over offenses committed anywhere 
     within the exterior boundaries of any grant from a prior 
     sovereign, as confirmed by Congress or the Court of Private 
     Land Claims to a Pueblo Indian tribe of New Mexico, shall be 
     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 an Indian as defined in title 25, sections 1301(2) 
     and 1301(4), or by any other Indian-owned entity.
       ``(c) Jurisdiction of the United States.--The United States 
     has jurisdiction over any offense described in chapter 53 of 
     title 18, United States Code, committed by or against an 
     Indian as defined in title 25, sections 1301(2) and 1301(4) 
     or any Indian-owned entity, or that involves any Indian 
     property or interest.
       ``(d) Jurisdiction of the State of New Mexico.--The State 
     of New Mexico shall have jurisdiction over any offense 
     committed by a person who is not a member of a Pueblo or an 
     Indian as defined in title 25, sections 1301(2) and 1301(4), 
     which offense is not subject to the jurisdiction of the 
     United States.''.

  The bill (S. 279), as amended, was read the third time and passed.

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