[Congressional Record (Bound Edition), Volume 151 (2005), Part 19]
[House]
[Pages 26353-26356]
[From the U.S. 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 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

[[Page 26354]]

     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?
  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

[[Page 26355]]

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. 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. UDALL of New Mexico. Mr. Speaker, I rise today in support of H.R. 
3351, the Native American Technical Corrections Act of 2005. Section 
108 of H.R. 3351 contains language from H.R. 600, a bill that I 
introduced with my colleagues from New Mexico, Representatives Heather 
Wilson and Steve Pearce, to clarify issues of criminal jurisdiction 
within the exterior boundaries of Pueblo lands.
  Recent court decisions in New Mexico have created uncertainty and the 
potential for a void in criminal jurisdiction on pueblo lands. Because 
of the risk to public safety and law enforcement arising out of this 
uncertainty, it is important to clarify the scope of criminal 
jurisdiction on pueblo lands. I share the concerns of tribal leaders 
who have urged Congress to step in and resolve this legal quandary. I 
will work with other members of the delegation to see that we can make 
this law as soon as possible.
  The language in my bill and now in H.R. 3351 addresses confusion over 
criminal jurisdiction on pueblo lands in New Mexico arising out of the 
holding in United States v. Gutierrez, an unreported decision of a 
federal district court judge in the District of New Mexico that 
overturned prior precedent regarding the status of the lands within the 
exterior boundaries of pueblo grants.
  The language in the technical corrections bill will amend the Pueblo 
Lands Act to make clear that the pueblos have jurisdiction, as an act 
of the pueblos' inherent power as an Indian tribe, over any offense by 
a member of the pueblo or of another federally recognized Indian tribe, 
or by any other Indian-owned entity committed anywhere within the 
exterior boundaries of any grant to a pueblo from a prior sovereign, as 
confirmed by Congress or the Court of Private Land Claims. The 
legislation also makes clear that the United States has jurisdiction 
over any offense within these grants described in chapter 53 of title 
18, United States Code, committed by or against a member of any 
federally recognized Indian tribe or any Indian-owned entity, or that 
involves any Indian property or interest. Finally, the legislation 
makes clear that the State of New Mexico shall have jurisdiction over 
any offense within these grants committed by a person who is not a 
member of a federally recognized Indian tribe, which offense is not 
subject to the jurisdiction of the United States.
  This legislation will not affect the scope of pueblo civil 
jurisdiction within the exterior boundaries of pueblo grants, and it 
does not in any way diminish the exterior boundaries of these grants.
  I would like to thank Chairman Pombo and Ranking Member Rahall for 
bringing forth the Native American Technical Corrections Act of 2005. I 
encourage my colleagues to support this important piece of legislation.
  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.

[[Page 26356]]

  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.

                          ____________________