[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session] [From the U.S. Government Publishing Office, www.gpo.gov] 120 STAT. 336 Public Law 109-221 109th Congress An Act To make technical corrections to laws relating to Native Americans, and for other purposes. NOTE: May 12, 2006 - [H.R. 3351] Be it enacted by the Senate and House of Representatives of the United States of America in Congress NOTE: Native American Technical Corrections Act of 2006. 25 USC 1451 note. assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Native American Technical Corrections Act of 2006''. (b) Table of Contents.--The table of contents of 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. Alaska Native Claims Settlement Act technical amendment. Sec. 102. ANCSA amendment. Sec. 103. Mississippi Band of Choctaw transportation reimbursement. Sec. 104. Fallon Paiute Shoshone tribes settlement. TITLE II--INDIAN LAND LEASING Sec. 201. Prairie Island land conveyance. Sec. 202. Authorization of 99-year leases. Sec. 203. Certification of rental proceeds. TITLE III--NATIONAL INDIAN GAMING COMMISSION FUNDING AMENDMENT Sec. 301. National Indian Gaming Commission funding amendment. TITLE IV--INDIAN FINANCING Sec. 401. Indian Financing Act Amendments. TITLE V--NATIVE AMERICAN PROBATE REFORM TECHNICAL AMENDMENT Sec. 501. Clarification of provisions and amendments relating to inheritance of Indian lands. TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE AMERICANS SEC. 101. ALASKA NATIVE CLAIMS SETTLEMENT ACT TECHNICAL AMENDMENT. (a)(1) 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) NOTE: 43 USC 1629b. is amended-- (A) in the matter preceding paragraph (1), by striking ``Section 1629b of title 43, United States Code,'' and inserting [[Page 337]] 120 STAT. 337 ``Section 36 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629b)''; (B) in paragraph (2), by striking ``by creating the following new subsection:'' and inserting ``in subsection (d), by adding at the end the following:''; and (C) in paragraph (3), by striking ``by creating the following new subsection:'' and inserting ``by adding at the end the following:''. (2) Section 36 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629b) is amended in subsection (f), by striking ``section 1629e of this title'' and inserting ``section 39''. (b)(1) 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) NOTE: 43 USC 1629e. 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))''. (2) 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)''. (c) NOTE: Effective date. 43 USC 1629b note. Alaska. 43 USC 1613a. The amendments made by this section take effect on February 20, 2003. SEC. 102. 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. 103. MISSISSIPPI BAND OF CHOCTAW TRANSPORTATION REIMBURSEMENT. The NOTE: Effective date. Secretary of the Interior is authorized and directed, within the 3-year period beginning on the date of enactment of this Act, to accept funds from the State of Mississippi pursuant to the contract signed by the Mississippi Department of Transportation on June 7, 2005, and by the Mississippi Band of Choctaw Indians on June 2, 2005. The amount shall not exceed $776,965.30 and such funds shall be deposited in the trust account numbered PL7489708 at the Office of Trust Funds Management for the benefit of the Mississippi Band of Choctaw Indians. 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. 104. FALLON PAIUTE SHOSHONE TRIBES SETTLEMENT. (a) Settlement Fund.--Section 102 of the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (Public Law 101-618; 104 Stat. 3289) is amended-- (1) in subsection (C)-- (A) in paragraph (1)-- (i) by striking the matter preceding subparagraph (a) and inserting the following: ``Notwithstanding any [[Page 338]] 120 STAT. 338 conflicting provision in the original Fund plan during Fund fiscal year 2006 or any 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 2005, 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 2006 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 2006, 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 2005, 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 (Public Law 101-618; 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; [[Page 339]] 120 STAT. 339 ``(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);''. TITLE II--INDIAN LAND LEASING SEC. 201. PRAIRIE ISLAND LAND NOTE: Minnesota. 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 NOTE: Deadline. 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. [[Page 340]] 120 STAT. 340 (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 striking ``Moapa Indian reservation'' and inserting ``Moapa Indian Reservation''; (2) by inserting ``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 ``lands comprising the Moses Allotment Numbered 10, Chelan County, Washington,,'' and inserting ``the lands comprising the Moses Allotment Numbered 8 and the Moses Allotment Numbered 10, Chelan County, Washington,''; (6) by inserting ``land held in trust for the Prairie Band Potawatomi Nation,'' before ``lands held in trust for the Cherokee Nation of Oklahoma''; (7) by inserting ``land held in trust for the Fallon Paiute Shoshone Tribes,'' before ``lands 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,''. [[Page 341]] 120 STAT. 341 (b) NOTE: 25 USC 415 note. 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. 203. NOTE: 25 USC 494a. CERTIFICATION OF RENTAL PROCEEDS. Notwithstanding any other provision of law, any actual rental proceeds from the lease of land acquired under the first section of the Act entitled ``An Act to provide for loans to Indian tribes and tribal corporations, and for other purposes'' (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. TITLE III--NATIONAL INDIAN GAMING COMMISSION FUNDING AMENDMENT SEC. 301. NATIONAL INDIAN GAMING COMMISSION FUNDING AMENDMENT. (a) Powers of the Commission.--Section 7 of the Indian Gaming Regulatory Act (25 U.S.C. 2706) is amended by adding at the end the following: ``(d) Application of Government Performance and Results Act.-- ``(1) In general.--In carrying out any action under this Act, the Commission shall be subject to the Government Performance and Results Act of 1993 (Public Law 103-62; 107 Stat. 285). ``(2) Plans.--In addition to any plan required under the Government Performance and Results Act of 1993 (Public Law 103- 62; 107 Stat. 285), the Commission shall submit a plan to provide technical assistance to tribal gaming operations in accordance with that Act.''. (b) Commission Funding.--Section 18(a)(2) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)(2)) is amended by striking subparagraph (B) and inserting the following: ``(B) The total amount of all fees imposed during any fiscal year under the schedule established under paragraph (1) shall not exceed 0.080 percent of the gross gaming revenues of all gaming operations subject to regulation under this Act.''. TITLE IV--INDIAN FINANCING SEC. 401. INDIAN FINANCING ACT AMENDMENTS. (a) In General.--Section 201 of the Indian Financing Act of 1974 (25 U.S.C. 1481) is amended-- (1) by striking ``Sec. 201. In order'' and inserting the following: ``SEC. 201. LOAN GUARANTIES AND INSURANCE. ``(a) In General.--In order''; (2) by striking ``the Secretary is authorized (a) to guarantee'' and inserting ``the Secretary may-- ``(1) guarantee''; [[Page 342]] 120 STAT. 342 (3) by striking ``members; and (b) in lieu of such guaranty, to insure'' and inserting ``members; or ``(2) insure''; 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) 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)), by striking paragraph (2) and inserting the following: ``(2) Validity.--Except as provided in regulations in effect on the date on which a loan is made, the validity of a guarantee or insurance of a loan under this title shall be 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,''. (c) Loans Ineligible for Guaranty or Insurance.--Section 206 of the Indian Financing Act of 1974 (25 U.S.C. 1486) is amended [[Page 343]] 120 STAT. 343 by inserting ``(not including an eligible Community Development Finance Institution)'' after ``Government''. (d) 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''. TITLE V--NATIVE AMERICAN PROBATE REFORM TECHNICAL AMENDMENT SEC. 501. CLARIFICATION OF PROVISIONS AND AMENDMENTS RELATING TO INHERITANCE OF INDIAN LANDS. (a) Clarifications Relating to Applicable Laws.-- (1) In general.--Section 207(g)(2) of the Indian Land Consolidation Act (25 U.S.C. 2206(g)(2)) is amended-- (A) in the matter preceding subparagraph (A), by striking ``described in paragraph (1)'' and inserting ``specified in paragraph (1)''; and (B) in subparagraph (B), by striking ``identified in Federal law'' and inserting ``identified in such law''. (2) Limitation on effect of paragraph.--Section 207(g) of the Indian Land Consolidation Act (25 U.S.C. 2206(g)) is amended by striking paragraph (3) and inserting the following: ``(3) Limitation on effect of paragraph.--Except to the extent that this Act would amend or otherwise affect the application of a Federal law specified or described in paragraph (1) or (2), nothing in paragraph (2) limits the application of this Act to trust or restricted land, interests in such land, or any other trust or restricted interests or assets.''. (b) Transfer and Exchange; Land for Which Patents Have Been Executed and Delivered.-- (1) Transfer and exchange of land.--Section 4 of the Act of June 18, 1934 (25 U.S.C. 464), is amended to read as follows: ``SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LANDS AND SHARES OF INDIAN TRIBES AND CORPORATIONS. ``Except as provided in this Act, no sale, devise, gift, exchange, or other transfer of restricted Indian lands or of shares in the assets of any Indian tribe or corporation organized under this Act shall be made or approved: Provided, That such lands or interests may, with the approval of the Secretary of the Interior, be sold, devised, or otherwise transferred to the Indian tribe in which the lands or shares are located or from which the shares were derived, or to a successor corporation: Provided further, That, subject to section 8(b) of the American Indian Probate Reform Act of 2004 (Public Law 108-374; 25 U.S.C. 2201 note), lands and shares described in the preceding proviso shall descend or be devised to any member of an Indian tribe or corporation described in that proviso or to an heir or lineal descendant of such a member in accordance with the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.), including a tribal probate code approved, or regulations promulgated under, that Act: Provided further, That the Secretary of the Interior may authorize any voluntary exchanges of lands of equal value and the voluntary exchange of shares of equal value whenever such exchange, in the judgment of the Secretary, [[Page 344]] 120 STAT. 344 is expedient and beneficial for or compatible with the proper consolidation of Indian lands and for the benefit of cooperative organizations.''. (2) Land for which patents have been executed and delivered.--Section 5 of the Act of February 8, 1887 (25 U.S.C. 348) is amended in the second proviso by striking ``That'' and inserting ``That, subject to section 8(b) of the American Indian Probate Reform Act of 2004 (Public Law 108-374; 118 Stat. 1810),''. (3) Effective dates.--Section 8 of the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note; 118 Stat. 1809) is amended by striking subsection (b) and inserting the following: ``(b) Effective Dates.-- ``(1) In general.--Except as provided in paragraph (2), the amendments made by this Act apply on and after the date that is 1 year after the date on which the Secretary makes the certification required under subsection (a)(4). ``(2) Exceptions.--The following provisions of law apply as of the date of enactment of this Act: ``(A) Subsections (e) and (f) of section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206) (as amended by this Act). ``(B) Subsection (g) of section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206) (as in effect on March 1, 2006). ``(C) The amendments made by section 4, section 5, paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10), and (11) of section 6(a), section 6(b)(3), and section 7 of this Act.''. (c) NOTE: 25 USC 348 note. Effective Date of Amendments.--The amendments made by subsection (b) shall take effect as if included in the enactment of the American Indian Probate Reform Act of 2004 (Public Law 108-374; 118 Stat. 1773). Approved May 12, 2006. LEGISLATIVE HISTORY--H.R. 3351: --------------------------------------------------------------------------- HOUSE REPORTS: No. 109-228, Pt. 1 (Comm. on Resources). CONGRESSIONAL RECORD: Vol. 151 (2005): Nov. 16, considered and passed House. Vol. 152 (2006): Apr. 7, considered and passed Senate, amended. May 2, House concurred in Senate amendment.