[Congressional Record Volume 151, Number 152 (Wednesday, November 16, 2005)]
[House]
[Pages H10317-H10319]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIVE AMERICAN TECHNICAL CORRECTIONS ACT OF 2005
Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3351) to make technical corrections to laws relating to Native
Americans, and for other purposes, as amended.
The Clerk read as follows:
H.R. 3351
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native
American Technical Corrections Act of 2005''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE
AMERICANS
Sec. 101. Indian Financing Act amendments.
Sec. 102. Gila River Indian Community binding arbitration.
Sec. 103. Alaska Native Claims Settlement Act voting standards
amendment.
Sec. 104. Indian tribal justice technical and legal assistance.
Sec. 105. Tribal justice systems.
Sec. 106. ANCSA amendment.
Sec. 107. Mississippi Band of Choctaw transportation reimbursement.
Sec. 108. Indian Pueblo Land Act Amendments.
TITLE II--INDIAN LAND LEASING
Sec. 201. Prairie Island land conveyance.
Sec. 202. Authorization of 99-year leases.
Sec. 203. Paskenta Band of Nomlaki Indians 99-year lease authority.
TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE
AMERICANS
SEC. 101. INDIAN FINANCING ACT AMENDMENTS.
(a) Loan Guaranties and Insurance.--Section 201 of the
Indian Financing Act of 1974 (25 U.S.C. 1481) is amended--
(1) by striking ``the Secretary is authorized (a) to
guarantee'' and inserting
``the Secretary may--
``(1) guarantee'';
(2) by striking ``Indians; and (b) in lieu of such
guaranty, to insure'' and inserting
``Indians; or
``(2) to insure'';
(3) by striking ``Sec. 201. In order'' and inserting the
following:
``SEC. 201. LOAN GUARANTIES AND INSURANCE.
``(a) In General.--In order''; and
(4) by adding at the end the following:
``(b) Eligible Borrowers.--The Secretary may guarantee or
insure loans under subsection (a) to both for-profit and
nonprofit borrowers.''.
(b) Loan Approval.--Section 204 of the Indian Financing Act
of 1974 (25 U.S.C. 1484) is amended by striking ``Sec. 204.''
and inserting the following:
``SEC. 204. LOAN APPROVAL.''.
(c) Sale or Assignment of Loans and Underlying Security.--
Section 205 of the Indian Financing Act of 1974 (25 U.S.C.
1485) is amended--
(1) by striking ``Sec. 205.'' and all that follows through
subsection (b) and inserting the following:
``SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDERLYING
SECURITY.
``(a) In General.--All or any portion of a loan guaranteed
or insured under this title, including the security given for
the loan--
``(1) may be transferred by the lender by sale or
assignment to any person; and
``(2) may be retransferred by the transferee.
``(b) Transfers of Loans.--With respect to a transfer
described in subsection (a)--
``(1) the transfer shall be consistent with such
regulations as the Secretary shall promulgate under
subsection (h); and
``(2) the transferee shall give notice of the transfer to
the Secretary.'';
(2) by striking subsection (c);
(3) by redesignating subsections (d), (e), (f), (g), (h),
and (i) as subsections (c), (d), (e), (f), (g), and (h),
respectively;
(4) in paragraph (2) of subsection (c) (as redesignated by
paragraph (3))--
(A) by striking ``Validity.--'' and all that follows
through ``subparagraph (B),'' and inserting ``Validity.--
Except as provided by regulations in effect on the date on
which a loan is made,''; and
(B) by striking ``incontestable'' and all that follows and
inserting ``incontestable.'';
(5) in subsection (e) (as redesignated by paragraph (3))--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In General.--The Secretary''; and
(B) by adding at the end the following:
``(2) Compensation of fiscal transfer agent.--A fiscal
transfer agent designated under subsection (f) may be
compensated through any of the fees assessed under this
section and any interest earned on any funds or fees
collected by the fiscal transfer agent while the funds or
fees are in the control of the fiscal transfer agent and
before the time at which the fiscal transfer agent is
contractually required to transfer such funds to the
Secretary or to transferees or other holders.''; and
(6) in subsection (f) (as redesignated by paragraph (3))--
(A) by striking ``subsection (i)'' and inserting
``subsection (h)''; and
(B) in paragraph (2)(B), by striking ``, and issuance of
acknowledgments,''.
(d) Loans Ineligible for Guaranty or Insurance.--Section
206 of the Indian Financing Act of 1974 (25 U.S.C. 1486) is
amended by striking ``Internal Revenue Code of 1954, as
amended,'' and inserting ``Internal Revenue Code of 1986
(except loans made by certified Community Development Finance
Institutions)''.
(e) Aggregate Loans or Surety Bonds Limitation.--Section
217(b) of the Indian Financing Act of 1974 (25 U.S.C.
1497(b)) is amended by striking ``$500,000,000'' and
inserting ``$1,500,000,000''.
SEC. 102. GILA RIVER INDIAN COMMUNITY BINDING ARBITRATION.
(a) Amendments.--Subsection (f) of the first section of the
Act of August 9, 1955 (25 U.S.C. 415(f)), is amended--
(1) in the first sentence, by striking ``Any lease'' and
all that follows through ``affecting land'' and inserting
``Any contract, including a lease, affecting land''; and
(2) in the second sentence, by striking ``Such leases or
contracts entered into pursuant to such Acts'' and inserting
``Such contracts''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in Public Law 107-159 (116
Stat. 122).
SEC. 103. ALASKA NATIVE CLAIMS SETTLEMENT ACT VOTING
STANDARDS AMENDMENT.
(a) In General.--Subsection (d)(3) of section 36 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1629b) (as
amended by subsection (b)) is amended--
(1) by inserting after ``of this section'' the following:
``or an amendment to the articles of incorporation described
in section 7(g)(1)(B)''; and
(2) by inserting ``or amendment'' after ``meeting relating
to such resolution'' each place it appears.
(b) Technical Corrections.--
(1)(A) Section 337(a) of the Department of the Interior and
Related Agencies Appropriations Act, 2003 (Division F of
Public Law 108-7; 117 Stat. 278; February 20, 2003) is
amended--
(i) in the matter preceding paragraph (1), by striking
``Section 1629b of title 43, United States Code,'' and
inserting ``Section 36 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1629b)'';
(ii) in paragraph (2), by striking ``by creating the
following new subsection:'' and inserting ``in subsection
(d), by adding at the end the following:''; and
(iii) in paragraph (3), by striking ``by creating the
following new subsection:'' and inserting ``by adding at the
end the following:''.
(B) Section 36 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1629b) is amended--
(i) in subsection (d)(3), by striking ``(d)''; and
(ii) in subsection (f), by striking ``section 1629e of this
title'' and inserting ``section 39''.
(2)(A) Section 337(b) of the Department of the Interior and
Related Agencies Appropriations Act, 2003 (Division F of
Public Law 108-7; 117 Stat. 278; February 20, 2003) is
amended
[[Page H10318]]
by striking ``Section 1629e(a)(3) of title 43, United States
Code,'' and inserting ``Section 39(a)(3) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1629e(a)(3))''.
(B) Section 39(a)(3)(B)(ii) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1629e(a)(3)(B)(ii)) is amended by
striking ``(a)(4) of section 1629b of this title'' and
inserting ``section 36(a)(4)''.
(3) The amendments made by this subsection take effect on
February 20, 2003.
SEC. 104. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL
ASSISTANCE.
Sections 106 and 201(d) of the Indian Tribal Justice
Technical and Legal Assistance Act of 2000 (25 U.S.C. 3666,
3681(d)) are amended by striking ``for fiscal years 2000
through 2004'' and inserting ``for fiscal years 2004 through
2010''.
SEC. 105. TRIBAL JUSTICE SYSTEMS.
Subsections (a), (b), (c), and (d) of section 201 of the
Indian Tribal Justice Act (25 U.S.C. 3621) are amended by
striking ``2007'' and inserting ``2010''.
SEC. 106. ANCSA AMENDMENT.
All land and interests in land in the State of Alaska
conveyed by the Federal Government under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) to a Native
Corporation and reconveyed by that Native Corporation, or a
successor in interest, in exchange for any other land or
interest in land in the State of Alaska and located within
the same region (as defined in section 9(a) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1608(a)), to a Native
Corporation under an exchange or other conveyance, shall be
deemed, notwithstanding the conveyance or exchange, to have
been conveyed pursuant to that Act.
SEC. 107. MISSISSIPPI BAND OF CHOCTAW TRANSPORTATION
REIMBURSEMENT.
The Secretary of the Interior, acting through the Bureau of
Indian Affairs, is authorized and directed to enter into a
contract in order to accept funds from the State of
Mississippi and deposit such funds in trust account number
PL7489708 at the Office of Trust Funds Management for the
benefit of the Mississippi Band of Choctaw Indians, as set
forth in the agreement executed by the Mississippi Department
of Transportation on June 7, 2005, and by the Mississippi
Band of Choctaw Indians on June 2, 2005. Thereafter, the
tribe may draw down these moneys from this trust account by
resolution of the Tribal Council, pursuant to Federal law and
regulations applicable to such accounts.
SEC. 108. INDIAN PUEBLO LAND ACT AMENDMENTS.
The Act of June 7, 1924 (43 Stat. 636, chapter 331), is
amended by adding at the end the following:
``SEC. 20. CRIMINAL JURISDICTION.
``(a) In General.--Except as otherwise provided by
Congress, jurisdiction over offenses committed anywhere
within the exterior boundaries of any grant from a prior
sovereign, as confirmed by Congress or the Court of Private
Land Claims to a Pueblo Indian tribe of New Mexico shall be
provided in this section.
``(b) Jurisdiction of the Pueblo.--The Pueblo has
jurisdiction, as an act of the Pueblos inherent power as an
Indian tribe, over any offense committed by a member of the
Pueblo or an Indian, as defined in section 201 of the Act of
April 11, 1968 (25 U.S.C. 1301), or by any other Indian-owned
entity.
``(c) Jurisdiction of the United States.--The United States
has jurisdiction over any offense described in chapter 53 of
title 18, United States Code, committed by or against an
Indian as defined in section 201 of the Act of April 11, 1968
(25 U.S. C. 1301) or any Indian-owned entity, or that
involves any Indian property or interest.
``(d) Jurisdiction of the State of New Mexico.--The State
of New Mexico shall have jurisdiction over any offense
committed by a person who is not a member of a Pueblo or an
Indian tribe, as defined in section 201 of the Act of April
11, 1968 (25 U.S.C. 1301) which offense is not subject to the
jurisdiction of the United States.''.
TITLE II--INDIAN LAND LEASING
SEC. 201. PRAIRIE ISLAND LAND CONVEYANCE.
(a) In General.--The Secretary of the Army shall convey all
right, title, and interest of the United States in and to the
land described in subsection (b), including all improvements,
cultural resources, and sites on the land, subject to the
flowage and sloughing easement described in subsection (d)
and to the conditions stated in subsection (f), to the
Secretary of the Interior, to be--
(1) held in trust by the United States for the benefit of
the Prairie Island Indian Community in Minnesota; and
(2) included in the Prairie Island Indian Community
Reservation in Goodhue County, Minnesota.
(b) Land Description.--The land to be conveyed under
subsection (a) is the approximately 1290 acres of land
associated with the Lock and Dam #3 on the Mississippi River
in Goodhue County, Minnesota, located in tracts identified as
GO-251, GO-252, GO-271, GO-277, GO-278, GO-284, GO-301
through GO-313, GO-314A, GO-314B, GO-329, GO-330A, GO-330B,
GO-331A, GO-331B, GO-331C, GO-332, GO-333, GO-334, GO-335A,
GO-335B, GO-336 through GO-338, GO-339A, GO-339B, GO-339C,
GO-339D, GO-339E, GO-340A, GO-340B, GO-358, GO-359A, GO-359B,
GO-359C, GO-359D, and GO-360, as depicted on the map entitled
``United States Army Corps of Engineers survey map of the
Upper Mississippi River 9-Foot Project, Lock & Dam No. 3 (Red
Wing), Land & Flowage Rights'' and dated December 1936.
(c) Boundary Survey.--Not later than 5 years after the date
of conveyance under subsection (a), the boundaries of the
land conveyed shall be surveyed as provided in section 2115
of the Revised Statutes (25 U.S.C. 176).
(d) Easement.--
(1) In general.--The Corps of Engineers shall retain a
flowage and sloughing easement for the purpose of navigation
and purposes relating to the Lock and Dam No. 3 project over
the portion of the land described in subsection (b) that lies
below the elevation of 676.0.
(2) Inclusions.--The easement retained under paragraph (1)
includes--
(A) the perpetual right to overflow, flood, and submerge
property as the District Engineer determines to be necessary
in connection with the operation and maintenance of the
Mississippi River Navigation Project; and
(B) the continuing right to clear and remove any brush,
debris, or natural obstructions that, in the opinion of the
District Engineer, may be detrimental to the project.
(e) Ownership of Sturgeon Lake Bed Unaffected.--Nothing in
this section diminishes or otherwise affects the title of the
State of Minnesota to the bed of Sturgeon Lake located within
the tracts of land described in subsection (b).
(f) Conditions.--The conveyance under subsection (a) is
subject to the conditions that the Prairie Island Indian
Community shall not--
(1) use the conveyed land for human habitation;
(2) construct any structure on the land without the written
approval of the District Engineer; or
(3) conduct gaming (within the meaning of section 4 of the
Indian Gaming Regulatory Act (25 U.S.C. 2703)) on the land.
(g) No Effect on Eligibility for Certain Projects.--
Notwithstanding the conveyance under subsection (a), the land
shall continue to be eligible for environmental management
planning and other recreational or natural resource
development projects on the same basis as before the
conveyance.
(h) Effect of Section.--Nothing in this section diminishes
or otherwise affects the rights granted to the United States
pursuant to letters of July 23, 1937, and November 20, 1937,
from the Secretary of the Interior to the Secretary of War
and the letters of the Secretary of War in response to the
Secretary of the Interior dated August 18, 1937, and November
27, 1937, under which the Secretary of the Interior granted
certain rights to the Corps of Engineers to overflow the
portions of Tracts A, B, and C that lie within the
Mississippi River 9-Foot Channel Project boundary and as more
particularly shown and depicted on the map entitled ``United
States Army Corps of Engineers survey map of the Upper
Mississippi River 9-Foot Project, Lock & Dam No. 3 (Red
Wing), Land & Flowage Rights'' and dated December 1936.
SEC. 202. AUTHORIZATION OF 99-YEAR LEASES.
(a) In General.--Subsection (a) of the first section of the
Act of August 9, 1955 (25 U.S.C. 415(a)), is amended in the
second sentence:
(1) by inserting ``the reservation of the Confederated
Tribes of the Umatilla Indian Reservation,'' before ``the
Burns Paiute Reservation,'';
(2) by inserting ``the'' before ``Yavapai-Prescott'';
(3) by inserting ``the Muckleshoot Indian Reservation and
land held in trust for the Muckleshoot Indian Tribe,'' after
``the Cabazon Indian reservation,'';
(4) by inserting ``lands held in trust for the Fallon
Paiute Shoshone Tribes,'' before ``lands held in trust for
the Pueblo of Santa Clara'';
(5) by striking ``the lands comprising the Moses Allotment
Numbered 10, Chelan County, Washington,'' and inserting the
following: ``the lands comprising the Moses Allotment
Numbered 8 and the Moses Allotment Numbered 10, Chelan
County, Washington''; and
(6) by inserting ``land held in trust for the Yurok Tribe,
land held in trust for the Hopland Band of Pomo Indians of
the Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply only to any lease entered into or renewed after
the date of the enactment of this Act.
SEC. 203. PASKENTA BAND OF NOMLAKI INDIANS 99-YEAR LEASE
AUTHORITY.
Notwithstanding section 17 of the Act of June 18, 1936 (25
U.S.C. 477; commonly known as the Indian Reorganization Act),
the Paskenta Band of Nomlaki Indians is granted 99-year lease
authority over its reservation land.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Renzi) and the gentleman from West Virginia (Mr. Rahall)
each will control 20 minutes.
The Chair recognizes the gentleman from Arizona (Mr. Renzi).
General Leave
Mr. RENZI. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
[[Page H10319]]
There was no objection.
Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
H.R. 3351 addresses a number of minor noncontroversial tribal issues
in one legislative package. H.R. 3351 contains 11 proposed amendments
to our current law to assist tribes with matters that are relatively
small in nature but very important to Native Americans across our
Nation.
Specifically, this legislation makes technical corrections to laws
relating to Native Americans and Alaskan natives by reauthorizing
certain Native American programs, clarifying statutes relating to
particular tribes and approving a 99-year land lease for certain tribal
lands.
H.R. 3351 makes these beneficial changes in areas relating to tribal
sovereignty, culture and areas with potential to encourage economic
development. Numerous tribes will be able to move forward on projects
that will help to strengthen their tribal government and better
illuminate their history and culture. Each year, Congress passes a bill
like this relating to technical corrections, and, thankfully, we have
been able to utilize the consultation of many tribal leaders in
examining this legislation.
I hope we can now act in a bipartisan fashion. I look forward to the
support of this Congress for H.R. 3351.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
(Mr. RAHALL asked and was given permission to revise and extend his
remarks.)
Mr. RAHALL. Mr. Speaker, I rise in support of this legislation and to
pay particular honor to our colleague from Arizona (Mr. Grijalva). The
gentleman from Arizona has worked tirelessly over the past several
months to bring before us a bill that he introduced as H.R. 327 to
assist the Gila River Indian Community in Arizona. I am pleased he was
able to have this bill rolled into the one before us today.
Mr. Grijalva's position would authorize the Gila River Indian
Community to enter into contracts with outside businesses and agree to
binding arbitration if a problem arises from the contract work. This
will remove a hurdle to economic development for the Gila River
Community.
One serious problem, which runs throughout Indian country, is the
hesitancy by non-Indian businesses to enter into large, long-term
contracts with Indian tribes out of concern for the competency of
tribal courts. Strengthening tribal courts is yet another issue the
gentleman from Arizona has been working on for Indian tribes.
I congratulate Congressman Grijalva for his tenacity on getting this
language moved through the House, and I urge all my colleagues to
support H.R. 3351.
Mr. Speaker, I reserve the balance of my time.
Mr. RENZI. Mr. Speaker, I yield 2 minutes to the gentleman from
Minnesota (Mr. Kline).
Mr. KLINE. Mr. Speaker, I rise today in support of the Native
American Technical Corrections Act of 2005, and I am especially pleased
by the inclusion of the Prairie Island Conveyance Act of 2005, which
addresses a critical issue for my constituents.
I extend my appreciation to the gentleman from California (Mr. Pombo)
and the gentleman from Alaska (Mr. Young) for including my legislation
in their bill and for its consideration today.
Upon being elected to Congress 3 years ago, I was approached by
members of the Prairie Island Indian Community, located in Minnesota's
Second Congressional District. The Prairie Island Indian Community has
been working for years to transfer a section of land known as parcel D
from the Army Corps of Engineers to be held in trust at the Department
of Interior.
Parcel D, which contains 1,290 acres of the Prairie Island
Community's homeland, was seized by the Department of War in 1934 with
the promise it would one day be returned to them to welcome their
ancestors home. This promise has not yet been fulfilled. Instead, the
Department of War used the parcel D land to build a lock and dam on the
Mississippi River, causing flooding across over 800 acres. These 800
acres, which remain underwater today, contain hundreds of burial
mounds, 12 stone memorials, dozens of lodge circles, and 18 village
sites of importance to the Prairie Island Community.
The leaders of the Prairie Island Indian Community have received the
support of the nearby City of Red Wing and surrounding Goodhue County,
as well as the U.S. Army Corps of Engineers and the Department of the
Interior for their efforts to reclaim this ancestral land. I am pleased
their efforts are finally close to being realized.
Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.
Mr. RENZI. Mr. Speaker, I know that Chairman Young is in considerable
support of this legislation and will be submitting a written statement
for the Record.
Mr. YOUNG of Alaska. Mr. Speaker, I rise in support of H.R. 3351, the
Native American Technical Corrections Act of 2005. This bill would
allow shareholder consideration of making Settlement Common Stock under
the Alaska Native Claims Settlement Act (ANCSA) available to Alaska
Natives born after December 18, 1971.
The Alaska Native Claims Settlement Act, as originally enacted,
limited Alaska Native Regional Corporations from enrolling Natives born
after December 18, 1971, as shareholders in their respective
corporations. Subsequent amendments to ANCSA have allowed Regional
Corporations to include Natives born after December 18, 1971, often
referred to ``New Natives,'' ``Afterborns'' or ``Shareholder
Descendents'', if existing shareholders of the Corporation adopt a
resolution at an annual meeting. Thus far, very few Native Corporations
have adopted resolutions to include Shareholder Descendents, in part
because the standard for adopting a resolution is too high.
Existing law provides that a resolution is considered approved by the
shareholders of a Native Corporation if it receives an affirmative vote
from a ``majority of the total voting power of the corporation.'' At
any given annual meeting, however, the total voting power of the
corporation is not exercised. Accordingly, eighty-five to ninety
percent of the voting proxies at an annual meeting would be required to
vote in favor of a Shareholder Descendent resolution. This is an
extremely difficult threshold to meet.
Section 103 of H.R. 3351 would allow a Shareholder Descendents
resolution to be approved by a majority of the shares present or
represented by proxy at an annual meeting. If a change is not made to
the existing voting standard for adoption of a Shareholder Descendents
resolution, the promises of ANCSA are potentially left unfulfilled.
This legislation would allow a Regional Corporation, provided the
majority voted in favor of adopting a Shareholder Descendents vote, to
enroll two generations of Shareholder Descendents to become
shareholders in their respective corporation. I urge a ``yes'' vote on
this important legislation affecting my Alaska Native ``afterborns.''
Mr. RENZI. Mr. Speaker, I yield the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Renzi) that the House suspend the rules and
pass the bill, H.R. 3351, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________