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[Senate Report 109-67]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 100
109th Congress                                                   Report
                                 SENATE
 1st Session                                                     109-67

======================================================================
 
MAKING TECHNICAL CORRECTIONS TO LAWS RELATING TO NATIVE AMERICANS, AND 
                           FOR OTHER PURPOSES

                                _______
                                

                  May 12, 2005.--Ordered to be printed

                                _______
                                

   Mr.  McCain, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 536]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 536) to make technical corrections to laws relating to 
Native Americans, and for other purposes, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill (as amended) do pass.

                                Purpose

    The purpose of S. 536 is to address miscellaneous 
provisions related to Indians or Indian tribes in one bill, 
obviating the need for the introduction and enactment of 
separate smaller bills. S. 536 contains twelve provisions, 
including amendments to statutes relating to particular Indian 
tribes, and modifications to certain programs related to Native 
Americans.

                               Background

    The Native American Omnibus Act of 2005 contains separate 
provisions dealing with a variety of topics including the 
Indian Financing Act of 1974, the Indian Arts and Crafts Act, 
The Act of June 7, 1924 (also known as the Indian Pueblo Act), 
Border Preparedness on Indian Lands Pilot Project, Native 
American Programs Act of 1974, and Colorado River Indian 
Reservation Boundary Correction Act. The bill also provides 
technical amendments to provisions relating to particular 
Indian tribes and to general laws relating to Native American 
programs. A more detailed explanation of each provision is 
included in the section-by-section analysis included in this 
report.

                          Legislative History

    The Native American Omnibus Act of 2005 (S. 536) was 
introduced on March 7, 2005, by Senator McCain and was referred 
to the Committee on Indian Affairs. On March 9, 2005, the 
Committee on Indian Affairs convened a business meeting to 
consider S. 536 and other measures that had been referred to 
it, and on that date the Committee favorably reported the bill.

            Committee Recommendation and Tabulation of Vote

    On March 9, 2005, the Committee on Indian Affairs, in an 
open session, adopted S. 536 by voice vote and ordered the bill 
reported favorably to the Senate.

                 Section-by-Section Analysis of S. 536

Section 1. Short title: Table of Contents

    Section 1 provides the short title of the Act as the Native 
American Omnibus Act of 2005 and provides a Table of Contents 
for the bill.

Section 2. Definition of Secretary

    Section 2 defines the term ``Secretary'' to mean the 
Secretary of the Interior.

   Title I--Technical Amendments to Laws Relating to Native Americans

                     SUBTITLE A--GENERAL PROVISIONS

Section 101. Indian Financing Act amendments

    Section 101 amends the Indian Financing Act of 1974 (Pub. 
L. 93-262) to clarify that non-profit tribal entities are 
eligible for the Bureau of Indian Affairs (BIA) Loan Guaranty 
Program. In addition, because the BIA is fast reaching its $500 
million limit on the amount of loans it can have outstanding, 
this section will increase that number to $1.5 billion. 
Finally, this section makes Community Development Finance 
Institutions (CDFIs) eligible as lenders for the BIA Loan 
Guaranty program.

Section 102. Indian Tribal Justice Technical and Legal Assistance

    Section 102 extends the authorization for appropriations 
contained in section 106 of the Indian Tribal Justice Technical 
and Legal Assistance Act (Pub. L. 106-559, 25 U.S.C. 3666, 
3681(d)) through fiscal year 2010. This section authorizes 
appropriations for civil and criminal legal assistance grants 
to Indian legal services programs.

Section 103. Tribal Justice systems

    Section 103 re-authorizes section 201 of the Indian Tribal 
Justice Act (Pub. L. 106-559, 25 U.S.C. 3621) through fiscal 
year 2010. This section authorizes appropriations for Indian 
tribal court grants.

Section 104. Indian Pueblo Land Act amendments

    Section 104 amends the Act of June 7, 1924 (43 Stat. 636, 
chapter 331) also known as the Indian Pueblo Lands Act of 1924, 
to clarify the uncertainty and potential law enforcement 
problems resulting from a Federal district court decision in 
the case of the United States v. Gutierrez \1\ No. CR 00-375 LH 
(D.N.M. Dec. 1, 2000).
---------------------------------------------------------------------------
    \1\ The Gutierrez decision created uncertainty and the potential 
for a void in criminal jurisdiction on Pueblo lands. The proposed 
amendment to the Indian Pueblo Lands Act makes clear that the Pueblos 
have jurisdiction, as part of the Pueblos' inherent power as an Indian 
tribe, over any offense committed 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 Lands 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, provided that the 
offense is not subject to the jurisdiction of the United States.
    Nothing in this amendment is intended to diminish the scope of 
Pueblo Civil jurisdiction within the exterior boundaries of Pueblo 
grants, which is defined by Federal and Tribal laws and court 
decisions. The decision overturned precedent regarding the 
jurisdictional status of the lands within the boundaries of New Mexico 
Pueblo land grants and resulted in creating a potential void in 
criminal jurisdiction. Section 5 provides a clarification of the 
Pueblos regarding criminal jurisdiction on New Mexico Pueblo lands.
---------------------------------------------------------------------------

Section 105. Prairie Island land conveyance

    Section 105 authorizes the transfer of lands now held by 
the United States Army Corps of Engineers to the Department of 
the Interior to be held in trust for the benefit of the Prairie 
Island Indian Community in Red Wing, Minnesota. The transfer 
will have no effect on the tax status of the lands, nor will 
the Prairie Island Indian Community be permitted to develop 
commercial or gaming facilities on the land. The U.S. 
government's existing flowage easements will be maintained.

Section 106. Binding arbitration for Gila River Indian Community 
        Reservation contracts

    Section 106 amends Act of August 9, 1955, (Pub. L. 86-326) 
to allow binding arbitration clauses to be included in all 
contracts, including leases, that affect tribally-owned land 
within the Gila River Indian Community reservation. All leases 
including subleases, master leases and tenant leases would be 
included under this provision. The tribe intends to conform to 
standard leasing terms to attract potential tenants to the 
reservation.

Section 107. Puyallup Indian Tribes Land claims settlement amendments

    Section 107 provides for the expansion of the Port of 
Tacoma's shipping terminal and other port facilities, the Port 
Commission of Tacoma, Washington and the Puyallup Tribal 
Council executed a cooperative economic development agreement 
for the expansion of the Port of Tacoma. Under the terms of the 
agreement, the Tribe is required to relocate its gaming 
operations from its current location to another location within 
the Puyallup reservation boundaries. Section 11 authorizes the 
Federal government to take into trust on behalf of the Puyallup 
tribe 2 parcels within the Puyallup reservation. The Washington 
State Congressional delegation, the State of Washington, the 
Cities of Tacoma, Fife, and Puyallup support the transfer.

Section 108. Definition of Native American

    The Native American Graves Protection and Repatriation Act 
(NAGPRA) (Pub. L. 101-601) is amended in section 2(9), by 
inserting the words `or was' after the words `that is'. This 
change is intended to clarify that in the context of 
repatriations, 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. Fallon Paiute Shoshone Tribes Settlement

    Section 109 amends the Fallon Paiute Shoshone Indian Tribes 
Water Rights Settlement Act of 1990 (Pub. L. 101-618, 104 Stat. 
3289) to adjust the spending rule set forth in that Act for the 
Tribe's Settlement Fund. The Settlement Fund was fully 
appropriated in 1995 and currently contains $43 million. 
Section 106 would authorize expenditure of 6% of the average 
market value of the Settlement Fund over the preceding three 
years. Current authorization to temporarily spend 20% of the 
Funds principal would be eliminated.

Section 110. Washoe Tribe of Nevada and California land conveyance

    The Washoe Tribe Lake Tahoe Access Act (P.L. 108-67) 
intended to take into trust 24.3 acres of land near Lake Tahoe 
for the benefit of the Washoe Tribe. Almost 150 years after the 
Washoe people were forcibly removed from Lake Tahoe, this 
legislation sought to restore to the Tribes a place that is 
central to their existence and to which they have essential 
cultural connections. Section 110 will correct a small, but 
very important, error in the land description included in the 
original legislation. This change does not affect the number of 
acres conveyed to the Tribe.

Section 111. Indian arts and crafts

    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. Section 111 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. Colorado River Indian Reservation boundary correction

    Section 112 corrects the south boundary of the Reservation 
by reestablishing the boundary as it was delineated in the 
original 1875 survey. The restoration does not include 840 
acres of land owned by the State of Arizona. The bill provides 
that no water rights issues are affected and existing rights, 
including mining claims and public recreational access subject 
to reasonable tribal rules are protected.

Section 113. Native American Programs Act of 1974

    Section 113 reauthorizes the Native American Programs Act 
of 1974. Administered by the Administration for Native 
Americans in the Department of Health and Human Services, the 
Native American Programs Act provides grants to tribes for 
social and economic development projects; projects related to 
the preservation and vitality of Native languages; projects to 
strengthen tribal environmental regulatory enhancement; and 
establishes the Inter-Departmental Council of Native American 
Affairs.

Section 114. Research and educational activities

    Section 114 amends the Native Hawaiian Education Act to 
include research and education activities relating to Native 
Hawaiian law.

                SUBTITLE B--INDIAN EDUCATION PROVISIONS

Section 121. Definition of Indian student count

    Section 121 amends the Perkins Vocational and Technical 
Education Act to provide a definition of ``Indian student 
count'' which uses a credit hour-based formula (rather than 
full-time equivalent), and to require a student count to be 
made each semester (both the Fall and Spring semesters), rather 
than once per year. These changes to student count for 
tribally-controlled postsecondary vocational and technical 
institutions are modeled on the Indian student count provisions 
of the Tribally Controlled Colleges or Universities Assistance 
Act.

Section 122. Native Nations leadership, management, and policy

    Section 122 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 Native Nations 
Institute programs for a period of 10 years, beginning in 
fiscal year 2007.

                    SUBTITLE C--BORDER PREPAREDNESS

Section 132. Border preparedness on Indian lands

    Section 132 authorizes the Secretary of Homeland Security, 
to establish a pilot program to enhance an Indian tribe's 
response to border activity. It authorizes the Secretary to 
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 tribal 
resources. This program will enhance tribal first responder 
capabilities, provides aid for aerial and ground surveillance 
technologies, and facilitates coordination and cooperation with 
federal, state, local and tribal governments in protecting the 
border.

    Title II--Other Amendments to Laws Relating to Native Americans

                    SUBTITLE A--INDIAN LAND LEASING

Section 201. Authorization of 99-year leases

    Section 201 amends Title 25 U.S.C. Section 415 to provide 
that leases of restricted lands held by the Confederated Tribes 
on the Umatilla Indian Reservation, Muckleshoot Indian 
Reservation, Prairie Band Potawatomi Nation, Fallon Paiute 
Shoshone Tribes, Yurok Tribe, and the Hopland Band of Pomo 
Indians of the Hopland Rancheria may be of terms not to exceed 
99 years.

Section 202. Certification of rental proceeds

    This section provides that any revenues accrued from 
renting lands acquired under the Farmers Home Administration 
Direct Loan Account, 25 U.S.C. 488, shall be considered the 
rental value of that land and considered the appraisal value of 
that land.

                 SUBTITLE B--NAVAJO HEALTH CONTRACTING

Section 211. Navajo health contracting

    Section 211 authorizes the Navajo Health Foundation/Sage 
Memorial Hospital on the Navajo Reservation to be considered a 
tribal contractor under the Indian Self-Determination and 
Education Assistance Act for the purposes of section 102(d) and 
subsections 9(k) and (o) of section 105 of that Act, allowing 
the hospital to obtain the benefits of coverage under the 
Federal Tort Claims Act and secure VA drug discounts.

                SUBTITLE C--PROBATE TECHNICAL CORRECTION

Section 221. Probate reform

    Section 221 amends sections 205, 206 and 207 of the Indian 
Land Consolidation Act (25 U.S.C. Sec. Sec. 2204, 2205 and 
2206) (``ILCA''), as amended by the American Indian Probate 
Reform Act of 2004 (``AIPRA''), by correcting provisions 
relating to non-testamentary disposition, partition of highly 
fractionated Indian land, and Tribal probate codes. These 
amendments include amendments to subsection (h)(2) of section 
207 of the ILCA (25 U.S.C. Sec. 2206) which are intended to 
clarify the original intent of the American Probate Reform Act 
of 2004 to the effect that nothing in the ILCA affects the 
application of special laws that pertain or relate in any way 
to the trust or restricted allotments, or interests therein, of 
specific Indian tribes. Some lands of specific Indian tribes 
were allotted under special statutes that applied only to those 
specifically identified tribes (i.e., identified in the 
statute). Similarly, in other instances, Congress enacted 
tribal-specific or reservation-specific statutes applicable to 
the inheritance or devise of trust or restricted allotments or 
interests in trust or restricted allotments. The limited 
purpose of the amendment to section 207(h)(2) of ILCA set forth 
in Section 221 is to clarify any potential ambiguity in the 
AIPRA, the intent of which was that no provision of ILCA would 
in any way supercede, replace, interfere or otherwise affect 
the application of any such special laws. If these special laws 
are to be amended, they should be addressed on a case by case 
basis, and not by way of a law of general application like the 
AIPRA.

                   Cost and Budgetary Considerations

    The cost estimate for S. 536 as calculated by the 
Congressional Budget Office, is set forth below:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 29, 2005.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 536, the Native 
American Onmibus Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mike Waters.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 536--Native American Omnibus Act of 2005

    Summary: S. 536 would make a number of changes and 
technical corrections to current laws concerning Native 
Americans. The bill would extend the authorization of 
appropriations for Indian tribal courts and other judicial 
systems, for the Native American Programs Act of 1974, and for 
the Morris K. Udall Scholarship and Excellence in Environmental 
Policy Foundation. It also would authorize a pilot program to 
enhance border preparedness on Indian lands. CBO estimates that 
implementing S. 536 would cost $7 million in 2006 and $405 
million over the 2006-2010 period, assuming appropriation of 
the amounts CBO estimates would be necessary.
    S. 536 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments. Several provisions would benefit Indian tribes.
    Estimated cost to the Federal government: The estimated 
budgetary impact of S. 536 is shown in the following table. The 
cost of this legislation would fall within budget functions 450 
(community and regional development), 500 (education, training, 
employment and social services), and 750 (administration of 
justice).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                        2005      2006      2007      2008      2009      2010
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law for Indian Programs
 Reauthorized by S. 536:
    Authorization Level \1\.........................        54        58        58         0         0         0
    Estimated Outlays...............................        53        98        73        10         2         0
Proposed Changes:
    Technical and Legal Assistance for Tribal
     Justice:
        Estimated Authorization Level...............         0         8         8         8         9         9
        Estimated Outlays...........................         0         2         4         6         7         8
    Tribal Justice Systems:
        Authorization Level.........................         0         0         0        58        58        58
        Estimated Outlays...........................         0         0         0        52        58        58
    Native American Programs Act of 1974:
        Estimated Authorization Level...............         0        50        51        52        53        54
        Estimated Outlays...........................         0         5        38        49        51        53
    Morris K. Udall Scholarship:
        Authorization Level.........................         0         0         3         3         4         4
        Estimated Outlays...........................         0         0         3         3         4         4
    Subtotal: Proposed Changes:
        Estimated Authorization Level...............         0        58        62       121       124       125
        Estimated Outlays...........................         0         7        45       110       120       125
Total Spending Under S. 536:
    Estimated Authorization Level...................        54       116       120       121       124       125
    Estimated Outlays...............................        53       105       118       120       122       123
----------------------------------------------------------------------------------------------------------------
\1\ The 2005 amount reflects appropriations provided in that year. The amounts for 2006 and 2007 are the
  existing authorizations for programs reauthorized by S. 536.

    Basis of estimate: For this estimate, CBO assumes that S. 
536 will be enacted during 2005 and that the necessary amounts 
will be appropriated for each fiscal year.
    Technical and Legal Assistance for Tribal Justice. Section 
102 would authorize the appropriation of such sums as may be 
necessary for fiscal years 2006 through 2010 to the Department 
of Justice to provide grants to support tribal courts and legal 
assistance programs. In 2005, a total of $8 million was 
appropriated for these programs. CBO estimates that continuing 
this program at that level and adjusting for anticipated 
inflation over the 2006-2010 period would cost $27 million.
    Tribal Justice Systems. Section 103 would authorize the 
appropriation of $58 million a year over the 2008-2010 period 
for the Department of the Interior to provide grants to Indian 
tribes to support tribal justice systems and for the 
administrative expenses of the Office of Tribal Justice 
Support. These grants could be used to hire judicial personnel, 
provide technical assistance and training, offer victim 
assistance, acquire law library materials, or for similar 
purposes. CBO estimates that implementing this provision would 
cost $168 million over the 2008-2010 period, assuming the 
appropriation of the specified amounts.
    Native American Programs Act of 1974. Section 113 would 
reauthorize several programs created under the Native American 
Programs Act of 1974. CBO estimates that implementing this 
section would cost $195 million over the 2006-2010 period.
    S. 536 would reauthorize an Interior Department program 
that provides matching grants to tribal governments to help 
them plan, design, and implement efforts to improve 
environmental quality on tribal lands. The bill would authorize 
the appropriation of $8 million a year over the 2006-2010 
period for that grant program to train tribal employees, 
develop tribal laws on envirorunental quality, and enforce and 
monitor those laws. Assuming appropriation of the authorized 
amounts, CBO estimates that this provision would cost $30 
million over the five-year period.
    The bill also would authorize the appropriation of such 
sums as necessary for projects, training, and services that 
support at-risk youth, and elderly or disabled Native 
Americans. These funds also could be used for economic 
development and to support the use of native languages. About 
$42 million was allocated to these activities in 2005. CBO 
estimates that continuing the program at that level, adjusted 
for anticipated inflation, would cost $165 million over the 
2006-2010 period.
    Morris K. Udall Scholarship. Section 122 of the bill would 
amend and extend the authorization for the Morris K. Udall 
Scholarship and Excellence Foundation, which provides 
management and leadership training for Native American and 
Alaskan Native health care and policy professionals. These 
training activities are currently authorized through 2005. 
Funding for 2005 totaled approximately $1 million. The bill 
would authorize appropriations of $2.5 million for each of the 
years 2007 and 2008, $4.0 million for each of the years 2009 
and 2010, and $13.5 million per year from 2011 through 2016. We 
estimate that this provision would cost $2.5 million in 2007 
(the first year of the extended authorization). Outlays over 
the 2006-2010 period would total $13 million.
    Border Preparedness on Indian Lands. Section 132 would 
authorize the appropriation of such sums as may be necessary 
over the 2006-2008 period to the Department of Homeland 
Security (DHS) to provide funds to Indian tribes near U.S. 
borders. The funds would help the tribes to improve their 
capacity to handle security incidents and threats along U.S. 
borders and to coordinate with federal agencies. The assistance 
could include surveillance technologies, communications 
equipment, and personnel training. Based upon information 
obtained from DHS, CBO estimates that implementing this 
provision would cost less than $500,000 a year.
    Intergovernmental and private-sector impact: S. 536 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Several provisions would benefit Indian 
tribes.
    Estimate prepared by: Federal Costs: Kathleen FitzGerald--
Native American Programs Act, Deborah Kalcevic--Morris K. Udall 
Foundation, Mark Grabowicz--Indian Tribal Justice Technical and 
Legal Assistance, Mike Waters--Tribal Justice Systems and 
Border Preparedness; impact on state, local, and Tribal 
governments: Marjorie Miller, Impact on the private sector: 
Selena Caldera.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

               Regulatory and Paperwork Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires that each report accompanying a bill to 
evaluate the regulatory and paperwork impact that would be 
incurred in carrying out the bill. The Committee has concluded 
that S. 536 will reduce regulatory or paperwork requirements 
and impacts.

                        Executive Communication

    The Committee has received an official communication from 
the Administration on the provisions of S. 536.

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                      Washington, DC, May 10, 2005.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: This letter sets forth the views of the 
Department of the Interior on S. 536, a bill ``to make 
technical corrections to laws relating to Native Americans, and 
for other purposes.'' We support the enactment of S. 536 as 
ordered reported by the Senate Committee on Indian Affairs on 
March 9, 2005. However, the Department suggests the following 
amendments be made to the bill.

              SECTION 101. INDIAN FINANCING ACT AMENDMENTS

    Section 101 of the bill would amend the Indian Financing 
Act of 1974 with the intent of expediting the implementation of 
a secondary market for loans guaranteed under the Bureau of 
Indian Affairs Loan Guaranty Program. We request the following 
amendment be made to this section which will allow Indian and 
non-Indian lenders to loan money to Indian-owned businesses. 
This will allow the Bureau of Indian Affairs (BIA) to provide 
financial assistance to a broader number of American Indians 
and Alaska Natives.
    We suggest that Section 101(d) be amended to read:
    (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 Community 
Development Finance Institution)'' after ``Government''.
    The Administration has some additional concerns regarding 
compensation of secondary market fiscal agents and funding for 
the cost of administering the secondary market, which we look 
forward to discussing with the Committee.

             SECTION 104. INDIAN PUEBLO LAND ACT AMENDMENTS

    Section 104 provides for the Indian Pueblo Land Act 
amendments to clarify criminal jurisdiction with the exterior 
boundaries of the Pueblo owned land grants. Criminal 
jurisdiction within the Pueblo grants has long been a problem 
for many of the Pueblos, the counties and cities in which they 
are located, and the U.S. Attorney's office. We support the 
legislative attempt to clarify the jurisdictional issues. 
However, we suggest sections 20(b) and (c) be amended because 
it does not precisely track the allocation of jurisdiction 
applicable in Indian country generally under the Indian Civil 
Rights Act (ICRA). The ICRA recognizes the inherent 
jurisdiction of tribes over any person who is an ``Indian.'' 
This definition would ensure that Pueblo would have 
jurisdiction over certain persons who are not enrolled members 
of a tribe, such as minor children who have not yet been 
enrolled as a member.
    In subsection (b) by adding a ``,'' after Pueblo and by 
striking ``of another Indian tribe'' and inserting in lieu 
thereof ``non-member Indian''.
    In subsection (d) by striking ``a member of an Indian 
tribe'' and inserting in lieu thereof ``an Indian''.

              SECTION 105. PRAIRIE ISLAND LAND CONVEYANCE

    Section 105 would take land including all improvements, 
cultural resources, and sites on the land, into trust for the 
Prairie Island Indian Community. We suggest striking the words 
``all improvements'' from Sec. 105(a) so it reads as follows:

          (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 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 (t), to the Secretary, to be--* * *

    The Department feels this change is necessary to address 
any uncertainty about the Government having a fiduciary 
obligation to repair and maintain any acquired improvements.
    In addition, section 105 would require a boundary survey to 
be conducted no later than 5 years after the date of 
conveyance. The boundary survey should be required prior to the 
conveyance, to avoid any disputes or the need for corrections 
after the conveyance has occurred.

   SECTION 106. BINDING ARBITRATION FOR GILA RIVER INDIAN COMMUNITY 
                         RESERVATION CONTRACTS

    This section would provide the Gila River Indian Community 
the authority to enter into binding arbitration agreements for 
any lease or contract the tribe may enter into affecting the 
tribe's land. We want to make it clear that it is our view that 
this section would not require the United States to enter into 
binding arbitration or waive the sovereign immunity of the 
United States.

                  SECTION 111. INDIAN ARTS AND CRAFTS

    The Department requests that the amendments to the Indian 
Arts and Crafts Act (Act) include a provision authorizing the 
Indian Arts and Craft Board (Board) to recommend the Secretary 
impose administrative fines for violations of the Act. 
Administrative fines would be imposed for those violations that 
would not otherwise serious enough to warrant a full civil or 
criminal action being pursued by the United States Attorney 
General. Many other federal agencies, including those within 
the Department, have the authority to levy administrative 
fines. Granting the Board similar authority would allow it to 
take action in meritorious cases for which the Attorney General 
is unlikely to devote resources.
    In addition, the Department requests that any amounts 
recovered as a result of an administrative fine or civil 
action, after making reimbursements contemplated in this 
section, be paid to the Indian Arts and Crafts Board for 
statutorily mandated nonenforcement activities such as 
trademark protection and the promotion of authentic Indian Arts 
and Crafts.
    The Department supports extending investigative authority 
to other federal law enforcement agencies. To facilitate the 
usefulness of that, we suggest the Committee clarify a 
potential jurisdictional issue that may arise. Specifically, 
BIA law enforcement may not investigate outside of Indian 
country. When off reservation, the Officer may only ``observe'' 
a violation rather than continue his investigation without 
contacting the appropriate federal enforcement agency, in most 
cases the FBI. The investigating officer should be granted the 
authority to be able to cross jurisdictions for the express 
purpose of enforcing the Indian Arts and Crafts Act. For 
example, BIA law enforcement officers should be granted the 
authority to specifically investigate violations of the Indian 
Arts and Crafts Act outside of Indian country. The Department 
will work with the Department of Justice on this expansion of 
jurisdictional authority.
    Section 111(b)(7) states in part that the Department shall 
promulgate regulations which includes a definition of ``Indian 
product'' and ``examples of each Indian product''. The 
regulations currently provide such a list. Therefore, this 
provision should be deleted. However if this provision remains, 
the phrase ``examples of each Indian product'' should be 
amended to ``examples of Indian products'' so that the 
published list does not become an exclusive list that courts 
interpret as precluding action for items that may not be 
specifically included on the list. In addition, the Department 
is concerned that the amended definitions do not include a 
definition for ``product of a particular Indian tribe or Indian 
arts and crafts organization.'' Excluding products of a 
particular Indian tribe or Indian arts and crafts organization 
could potentially remove the right of a tribe to protect their 
cultural heritage by using their tribal name in the description 
of a particular art or craft work for which their Tribe 
specializes in or is particularly known for.
    The Department requests an additional conforming amendment 
be made to the Indian Arts and Crafts Act. The trademark 
provision, section 102 of the Act, permits the Board to 
register any trademark owned by the Government in the U.S. 
Patent and Trademark Office (USPTO) without charge and assign 
it and the goodwill associated with it to an individual Indian 
or Indian tribe without charge. The Act, however, does not 
permit the board to register trademarks owned by individual 
Indian artists, artisans, tribes, and businesses for arts and 
crafts marketing purposes. Under the Lanham Act, the party 
registering the trademark must also own the mark. Therefore, if 
the Board attempted to register a trademark owned, for example, 
by a Navajo tribal arts and crafts enterprise, the application 
would be denied. Therefore, the word ``government'' should be 
struck in order to allow the Board to act as an agent and file 
without charge trademark registration applications with the 
USPTO for trademarks that are owned by an individual Indian, 
Indian tribe, or Indian arts and crafts organization.
    Finally, the Department of Justice advises that there may 
be constitutional concerns with section 111(b), which would 
amend section 6 of the Act by defining the term ``Indian 
tribe'' to include ``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.'' 
Section 111 (c) would add the same definition to 18 U.S.C. 
1159(c). Under the Constitution, only the federal government 
has authority to recognize Indian tribes. See, e.g., McClanahan 
v. Arizona State Tax Comm'n, 411 U.S. 164, 172 n.7 (1973) 
(source of Federal authority over Indian matters ``derives from 
Federal responsibility for regulating commerce with Indian 
tribes and for treaty making''). In the absence of such federal 
recognition, the term ``Indian tribe'' might be viewed as a 
racial classification subject to strict scrutiny under Adarand 
Constructors, Inc. v. Pena, 515 U.S 200, 235 (1995), rather 
than the more deferential review accorded to classifications 
based on membership in a federally recognized Indian tribe 
under Morton v. Mancari, 417 U.S. 535 (1974). The part of this 
definition relating to recognition by state entities should be 
deleted.

            SECTION 114. RESEARCH AND EDUCATIONAL ACTIVITIES

    Section 114 would add an additional authorized use of funds 
(research and educational activities relating to Native 
Hawaiian law) to the Education for Native Hawaiians program, 
which is administered by the Department of Education. The 
Department of Education objects to this amendment. The purpose 
of the program should continue to be to strengthen educational 
programs and services for Native Hawaiians (pre-K through 
postsecondary), in order to raise the educational achievement 
of that population. This additional authorized activity, 
research on Native Hawaiian law, would be for a different 
purpose and thus has the potential to dilute the impact of the 
program. Moreover, the Department of Education has already 
received earmarked funding, through the fiscal year 2005 
omnibus appropriations act, to establish a center of education 
in Native Hawaiian law at the University of Hawaii. The 
proposed amendment to allow for the support of research and 
education in Native Hawaiian law would, in other words, be 
enacted after the appropriation of funding for such research 
and education (and most likely after the Department of 
Education has made a grant for the new center). Therefore, this 
provision is unnecessary.

            SECTION 121. DEFINITION OF INDIAN STUDENT COUNT

    Section 121 amends the definition of ``Indian student 
count'' used in the formula by which the Department of 
Education calculates awards to tribally-controlled 
postsecondary vocational and technical institutions under the 
Carl D. Perkins Vocational and Technical Education Act. 
Education has advised that it is developing the Indian student 
count data needed to calculate the FY 2005 awards, and is 
concerned that if the definitional changes were to go into 
effect in FY 2005, they would likely delay the FY 2005 grants. 
In order to prevent any disruption of the award of these 
grants, Education recommends that section 121 be amended to 
clarify that its definition changes would take effect beginning 
in FY 2006.

     SECTION 122. NATIVE NATIONS LEADERSHIP, MANAGEMENT, AND POLICY

    Section 122 would amend the Morris K. Udall Scholarship and 
Excellence in National Environmental and Native American Public 
Policy Act of 1992 (20 U.S.C. 5602). The Department of Justice 
advises that there may be constitutional concerns with the 
amendment to the Morris K. Udall Scholarship Act of 1992, 20 
U.S.C. 5605(a)(1). The amendment to subparagraph (C) would 
permit awards to members of state-recognized tribes. As stated 
above, Department of Justice is concerned that this may be 
viewed as a racial classification subject to strict scrutiny 
under Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 235 
(1995), rather than the more deferential review accorded to 
classifications based on membership in a federally recognized 
Indian tribe under Morton v. Mancari, 417 U.S. 535 (1974). 
Therefore, the Department of Justice recommends that Section 
122(c)(C)(iii) be deleted.

            SECTION 132. BORDER PREPAREDNESS ON INDIAN LAND

    Section 132 would amend Subtitle D of Title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) by adding 
a new Section 447 entitled ``Border Preparedness Pilot Program 
on Indian Land.'' The Department of the Interior supports the 
amendments outlined in the new Section 447. By specifically 
including Indian tribes, it enhances their ability to protect 
the border integrity of the United States. However, the 
Department of Homeland Security recommends the following 
amendments:
    Proposed section 447(a)(2): The Department of Homeland 
Security believes that the proposed definition of Indian tribe 
would preclude the participation of Alaska Native 
organizations. Therefore, the Department of Homeland Security 
recommends amending the definition to read as follows:
          (2) Indian Tribe.--The term ``Indian tribe'' means 
        all Indian entities listed in the Federal Register list 
        of Indian entities recognized as eligible to receive 
        services from the United States, published pursuant to 
        section 104 of the Federally Recognized Indian Tribe 
        List Act of 1994 (25 U.S.C. 479a-l).
    Proposed Section 447(b) and (c)(1): The Department of 
Homeland Security conducts preparedness programs, such as the 
proposed pilot program, through its Office of Domestic 
Preparedness. To ensure that the tribes are treated equitably 
and provided access to the full range of preparedness programs, 
the Department of Homeland Security recommends that the matter 
preceding paragraph (1) of subsection (b) be amended by 
striking ``Under Secretary for Board and Transportation 
Security'' and inserting ``Office of Domestic Preparedness''. 
The Department of Homeland Security recommends that a similar 
amendment be made to proposed section (c)(I).
    Finally, to clarify jurisdiction, the Department of 
Homeland Security recommends that proposed section 447 be 
amended by redesignating proposed subsection (e) as proposed 
subsection (f); and after proposed subsection (d), by inserting 
the following new subsection:
    ``(e) Limitation.--Nothing in this section shall be 
construed as a grant of statutory authority to an Indian tribe, 
tribal organization, or tribal government to exercise any 
authority vested in the Secretary of Homeland Security or 
enforce any customs, immigration, or maritime law.''

    Title II--Other Amendments to Laws Relating to Native Americans

                 SECTION 211. NAVAJO HEALTH CONTRACTING

    Section 211 would require that the Navajo Health 
Foundation/Sage Memorial Hospital at Ganado, AZ, be considered 
a tribal contractor under the Indian Self-Determination and 
Education Assistance Act (ISDEAA) for purposes of extending 
Federal Tort Claims Act (FTCA) coverage to contract employees, 
to provide access to the Federal sources of supply, and to make 
patient records eligible for storage by Federal Records Centers 
to the same extent and in the same manner as other Department 
of Health and Human Services patient records.
    If enacted, this section would allow Navajo Nation Health 
Foundation (NHF) access to these services and benefits. This 
access to benefits and services would continue until such time 
as the NHF's current funding is adjusted by Congress to allow 
them to fully negotiate a contract under ISDEAA. This provision 
would establish a precedent for tribes/tribal organizations 
seeking to negotiate an ISDEAA contract to seek legislative 
authorization to select certain provisions in the ISDEAA that 
would be applied to them until such time as they are able to 
complete all requirements required in the ISDEAA.
    The Department of Health and Human Services is concerned 
that this provision circumvents the contracting requirements of 
the ISDEAA and selectively makes provisions applicable to the 
Navajo Health Foundation. In addition, the Department of 
Justice is concerned with selectively extending FTCA coverage 
to entities that do not meet the full set of requirements under 
the ISDEAA. For these reasons, the Department of Health and 
Human Services and Department of Justice recommend that section 
211 be deleted.

                      SECTION 221. PROBATE REFORM

    The Department recommends some additional amendments be 
made to the American Indian Probate Reform Act (AIPRA). We 
recommend adding a new subsection (g) to 6 section 221 that 
would delete the paragraph in AIPRA regarding Family Cemetery 
Plots. The Department does not hold or manage any cemetery 
plots in trust status. Therefore, they would not be subject to 
the Department's probate procedures. Family cemetery plot 
probate issues fall outside the jurisdiction of the federal 
government.
    ``(g) Rule of Construction.--Subsection (i) 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 by striking 
paragraph (7).''.
    In addition, we request the following technical amendments 
be included in this section:
    Under Partition of highly fractionated Indian lands, 
section 2204(d)(2)(I)(iii)(IV)(aa) should be amended by 
striking ``less'' and inserting in lieu thereof ``more''.
    Under Descent and distribution, estate planning--
           section 2206(f)(2)(A) should be amended by 
        striking ``advise''
           section 2206(f)(2)(B) should be amended by 
        striking ``among'' and inserting in lieu thereof ``as 
        authorized by the Secretary for''

general rules governing probate, section 2206(k)(2)(A)(ii)(I) 
should be amended by striking ``date of enactment'' and 
inserting in lieu thereof ``effective date''.

Additional Amendments

    The Department also suggests additional amendments be added 
to S. 536. We recommend the following two amendments to the 
Shivwits Water Rights Settlement and the Individuals with 
Disabilities Education Act be added to the end of Title II. We 
also recommend two new titles be added to the bill that would 
provide a technical correction to address the decisions in 
Youpee v. Babbitt and DuMarce v. Norton and give the Secretary 
the authority to address unclaimed property.

              SUBTITLE D--SHIVWITS WATER RIGHTS SETTLEMENT

    Section 10 of P.L. 106-263 authorizes a water rights and 
habitat acquisition program for the Santa Clara and Virgin 
Rivers as a safety net to address environmental consequences of 
the water settlement agreement that may not have been evident 
at the time of enactment. Congress appropriated the $3.0 
million authorized to be appropriated by Section 10. When the 
Department attempted to implement the provision in Section 10, 
which was intended to maintain the $3.0 million in an interest 
bearing account, the Treasury Department advised that the 
language in Section 10 was insufficient for this purpose. Based 
on guidance from Treasury Department, the proposed technical 
amendment was developed to correct the deficiency in the 
original statutory language.
    Section 10 of the Shivwits Band of the Paiute Indian Tribe 
of Utah Water Rights Settlement Act of August 18, 2000, Public 
Law 106-263 (114 Stat. 737), is amended by:
    (1) Deleting the second sentence in subsection 10(f) (114 
Stat. 744) which reads: ``The Secretary is authorized to 
deposit and maintain this appropriation in an interest bearing 
account, said interest to be used for the purposes of this 
section.''
    (2) Adding the following subsection 10(g):
          ``(g) Establishment of Acquisition Fund.--There is 
        established in the Treasury of the United States a fund 
        to be known as the Santa Clara Water Rights and Habitat 
        Acquisition Fund (hereinafter called the ``Acquisition 
        Fund''). The Secretary shall deposit into the 
        Acquisition Fund the funds appropriated pursuant to 
        subsection (f). The Acquisition Fund principal and any 
        income thereon shall be managed in accordance with this 
        section 10.''
    (3) Adding the following subsection 10(h):
          ``(h) Investment of Acquisition Fund.--The Secretary 
        of the Interior may request the Secretary of the 
        Treasury to invest such portion of the Acquisition Fund 
        as is not, in the Secretary of the Interior's judgment, 
        required to meet the current needs of the fund. Such 
        investments shall be made by the Secretary of the 
        Treasury in public debt securities with maturities 
        suitable to the needs of the fund, as determined by the 
        Secretary of the Interior, and bearing interest at a 
        rate determined by the Secretary of the Treasury, 
        taking into consideration current market yields on 
        outstanding marketable obligations of the United States 
        of comparable maturity.''

  SUBTITLE E--INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT

    Section 611(e)(1)(A) of, the Individuals with Disabilities 
Education Act (IDEA), as amended by Public Law 108-446, the 
Individuals with Disabilities Education Improvement Act of 2004 
allows states and outlying areas to reserve money for state 
administrative purposes, but omitted language allowing the 
Secretary of the Interior to reserve money for state 
administrative purposes. While arguably the Department of 
Education can permit this use of funds in regulations, the 
support for this use would be more clearly supported if it were 
included in the statute. The suggested addition to section 
611(e)(1)(A) provided below, would clarify that the Secretary 
of the Interior is not barred from reserving a portion of the 
Special Education, Part B dollars, for administrative costs, 
similar to all states and outlying areas that also receive 
these dollars.
    In addition, section 611(h)(1)(A), now imposes statutory 
deadlines as to when the Department of the Interior is to 
distribute the IDEA Part B dollars they receive. This provision 
is unlike any requirement imposed on any state or outlying 
area. This provision requires the Secretary of the Interior to 
distribute these dollars without first determining what the 
need is at each school, or without looking first to the dollars 
appropriated to the Department of the Interior for special 
education services. Therefore, the Department of the Interior 
will no longer be able to use the individual need of each 
student as the basis for the distribution of the Part B dollars 
or ensure that funding given to the schools is being used 
properly. Therefore, the Department recommends the deletion of 
section 611(h)(1)(A)(i) and (ii), which would allow the 
Secretary of the Interior to distribute IDEA Part B dollars 
based on student need and removes the distribution dates.
    Section 611 of the Individuals with Disabilities Education 
Act is amended by:
    (1) Adding subsection (iii) to section 611(e)(1)(A):
          ``(iii) The Secretary of the Interior may reserve for 
        each fiscal year not more than 5 percent of the amount 
        the Department of the Interior receives under (h)(1)(A) 
        for the fiscal year or $800,000 (adjusted in accordance 
        with subparagraph B), whichever is greater.''.
    (2) Deleting in section 611(h)(1)(A) the following 
sentence: ``Of the amounts described in the preceding 
sentence--(i) 80 percent shall be allocated to such schools by 
July 1 of that fiscal year; and (ii) 20 percent shall be 
allocated to such schools by September 30 of that fiscal 
year''.

Youpee and Sisseton-Wahpeton

    A new title should be added to S. 536 that would provide a 
technical correction to address the decisions in Youpee v. 
Babbitt and DuMarce v. Norton. The United States Supreme Court 
in Youpee held the escheat provision of the Indian Land 
Consolidation Act as unconstitutional. In DuMarce, the District 
Court for the District of South Dakota found unconstitutional a 
statute under which any interest of less than two and a half 
acres would automatically escheat to the Sisseton Wahpeton 
Sioux Tribe. As a result of these two decisions, the Department 
is faced with having to revest interests that escheated under 
both statutes back to the rightful heir. We request that a new 
title be added declaring that any interest that escheated 
pursuant to these Acts be vested in the tribe to which they 
escheated unless they have been revested in the name of the 
heirs of the allottee by the Secretary since the escheatment. 
The provision should provide that the escheat of those 
interests to the tribes involved a taking by the United States 
and should provide compensation to the heirs of those escheated 
interests.

Unclaimed Property

    Under state law, a state may sell or auction off certain 
personal property that has not been claimed by an owner within 
a certain amount of time, usually within 5 years. This is not 
the case with inactive Individual Indian Money accounts or real 
property interests. Often times the whereabouts of account 
owners are unknown to the Department because account holders do 
not respond to our requests for address information and our 
repeated attempts to locate them have been unsuccessful. This 
may be because the small amount in their account does not make 
such effort worthwhile. However, the Department must account 
for every interest regardless of size and we do not have the 
authority to stop administering accounts where whereabouts of 
the owner are unknown. We must have the authority to close 
these small accounts and restore economic value to the assets 
if the owner does not claim their interest within a certain 
amount of time. If the owner does not come forward, the revenue 
generated from the interest should be held in a general holding 
account against which claims could be made in the future if the 
owner's whereabouts become known or used to further the 
fractionation program.

Conclusion

    The Department looks forward to working with the Committee 
on addressing the above issues. The Office of Management and 
Budget has advised that there is no objection to the 
presentation of this report from the standpoint of the 
Administration's program.
            Sincerely,
                                                Matt Eames,
         Director, Office of Congressional and Legislative Affairs.

                        Changes in Existing Law

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
enactment of S. 536 will result in the following changes in 
existing law, (existing law proposed to be omitted is enclosed 
in black brackets and the new language to be added in italic, 
existing law in which no change is proposed is shown in roman):

                    Indian Financing Act Amendments

                            (Pub. L. 93-262)

                             25 U.S.C. 1481

    Section 201 of Public Law 93-262 is amended as follows:

[SEC. 201. IN ORDER ] SEC. 201. LOAN GUARANTIES AND INSURANCE.

    (a) In General.--In order to provide access to private 
money sources which otherwise would not be available, [the 
Secretary is authorized (a) to guarantee] the Secretary may--
          (1) guarantee; not to exceed 90 per centum of the 
        unpaid principal and interest due on any loan made to 
        any organization of Indians having a form or 
        organization satisfactory to the Secretary, and to 
        individual [Indians; and (b) in lieu of such guaranty, 
        to insure] Indians; or
          (2) to insure; loans under an agreement approved by 
        the Secretary whereby the lender will be reimbursed for 
        losses in an amount not to exceed 15 per centum of the 
        aggregate of such loans made by it, but not to exceed 
        90 per centum of the loss on any one loan.
    (b) Eligible Borrowers._The Secretary may guarantee or 
insure loans under subsection (a) to both for profit and 
nonprofit borrowers.

                             25 U.S.C. 1484

    Section 204 of the Indian Financing Act of 1974 is amended 
as follows:

[SEC. 204.] SEC. 204. LOAN APPROVAL.

                             25 U.S.C. 1486

    Section 206 of the Indian Financing Act of 1974 is amended 
as follows: SEC. 206. Loans made by any agency or 
instrumentality of the Federal Government, or by an 
organization of Indians from funds borrowed from the United 
States, and loans the interest on which is not included in 
gross income for the purposes of chapter 1 of the [Internal 
Revenue Code of 1954, as amended,] Internal Revenue Code of 
1936 (except loans made by certified Community Development 
Finance Institutions) shall not be eligible for guaranty or 
insurance hereunder.

                           25 U.S.C. 1497(B)

    Section 217(b) of the Indian Financing Act of 1974 is 
amended as follows:
    The Secretary may use the fund for the purpose of 
fulfilling the obligations with respect to loans or surety 
bonds guaranteed or insured under this title, but the aggregate 
of such loans or surety bonds which are insured or guaranteed 
by the Secretary shall be limited to [$500,000,000] 
$1,500,000,000.

          Indian Tribal Justice Technical and Legal Assistance

                           (Pub. L. 106-559)

                             25 U.S.C. 3666

    Section 106 of the Indian Tribal Justice Technical and 
Legal Assistance Act is amended as follows:
    For purposes of carrying out the activities under this 
subchapter, there are authorized to be appropriated such sums 
as are necessary for fiscal years [2000] 2004 through [2004] 
2010.

                           25 U.S.C. 3681(d)

    Section 201(d) of the Indian Tribal Justice Technical and 
Legal Assistance Act is amended as follows:
    For purposes of carrying out the activities under this 
section, there are authorized to be appropriated such sums as 
are necessary for fiscal years [2000] 2004 through [2004] 2010.

                     Indian Tribal Justice Systems

                           (Pub. L. 106-559)

                       25 U.S.C. 3621(a)(b)(c)(d)

    Section 201 of the Indian Tribal Justice Act are amended as 
follows:
    (a) There is authorized to be appropriated to carry out the 
provisions of sections 3611 and 3612 of this title, $7,000,000 
for each of the fiscal years 2000 through [2007] 2010. None of 
the funds provided under this subsection may be used for the 
administrative expenses of the office.
    (b) There is authorized to be appropriated to carry out the 
provisions of section 3613 of this title $50,000,000 for each 
of the fiscal years 2000 through [2007] 2010.
    (c) There is authorized to be appropriated, for the 
administrative expenses of the Office, $500,000 for each of the 
fiscal years 2000 through [2007] 2010.
    (d) There is authorized to be appropriated, for the 
administrative expenses of tribal judicial conferences, 
$500,000 for each of the fiscal years 2000 through [2007] 2010.

                   Indian Pueblo Land Act Amendments

                      (43 Stat. 636, Chapter 331)

    The Act of June 7, 1924, also known as the Indian Pueblo 
Land Act is amended as follows:
    At the end of 43 Stat. 636 insert 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 form 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 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 a member 
of any Indian tribe 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.

       Gila River Indian Community Mandatory Binding Arbitration

                            25 U.S.C. 415(f)

    Section (f) of the Act of August 5, 1955 is amended as 
follows:
    (f) [Any lease entered into under the Act of August 9, 1955 
(69 Stat. 539), as amended, or any contract entered into under 
section 2103 of the Revised Statutes 925 U.S.C. 81), as 
amended, affecting land] Any contract, including a lease, 
affecting land within the Gila River Indian Community 
Reservation may contain a provision for the binding arbitration 
of disputes arising out of such lease or contract. [Such leases 
or contracts entered into pursuant to such Acts] Such contracts 
shall be considered within the meaning of `commerce' as defined 
and subject to the provisions of section 1 of Title 9. Any 
refusal to submit to arbitration pursuant to a binding 
agreement for arbitration or the exercise of any right 
conferred by Title 9 to abide by the outcome of arbitration 
pursuant to the provisions of chapter 1 of Title 9, sections 1 
through 14, shall be deemed to be a civil action arising under 
the Constitution, laws or treaties of the United States within 
the meaning of section 1331 of Title 28.

                     Definition of Native American

                           25 U.S.C. 3001(9)

    25 U.S.C. 3001(9) is amended as follows:
          (9) ``Native American'' means of, or relating to, a 
        tribe, people, or culture that is or was indigenous to 
        any geographic area that is now located within the 
        boundaries of the United States.

                Fallon Paiute-Shoshone Tribe Settlement

                             (P.L. 101-618)

                             104 Stat. 3289

    Section 102(C) of the Fallon Paiute Shoshone Indian Tribes 
Water Rights Settlement Act of 1990 (104 Stat. 3289) is amended 
as follows:
    (C)(1) [The income of the Fund may be obligated and 
expended only for the following purposes:] 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 ``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:
          (a) Tribal economic development, including 
        development of long-term profit-making opportunities 
        for the Fallon Paiute-Shoshone Tribe (hereinafter 
        referred to in the Act as ``Tribes'') and its tribal 
        members, and the development of employment 
        opportunities for tribal members;
          (b) Tribal governmental services and facilities;
          (c) Per capita distributions to tribal members;
          (d) Rehabilitation and betterment of the irrigation 
        system on the Fallon Paiute Shoshone Indian Reservation 
        (hereinafter referred to in the Act as ``Reservation'') 
        not including lands added to the Reservation pursuant 
        to the provisions of Public Law 95-337, 92 Stat. 455;
          (e) Acquisition of lands, water rights or related 
        property interests located outside the Reservation from 
        willing sellers, and improvement of such lands;
          (f) Acquisition of individually-owned land, water 
        rights or related property interests on the Reservation 
        from willing sellers, including those held in trust by 
        the United States.
          (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. 
    (2) Except as provided in subsection (C)(3) of this 
section, the principal of the Fund shall not be obligated or 
expended.
    (3) In obligating and expending funds for the purposes set 
forth in subsections (C)(1)(d), (C)(1)(e) and (C)(1)(f) of this 
section, the Tribes may obligate and expend no more than 20 
percent of the principal of the Fund, provided that any amounts 
so obligated and expended from principal must be restored to 
the principal from repayments of such amounts expended for the 
purposes identified in this subsection, or from income earned 
on the remaining principal.
    [(4) In obligating and expending funds for the purpose set 
forth in subsection (C)(1)(c), no more than twenty percent of 
the annual income from the Fund may be obligated or expended 
for the purpose of providing per capita payments to tribal 
members.] (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.
    (D) The Tribes shall invest, manage, and use the monies 
appropriated to the Fund for the purposes set forth in this 
section in accordance with the plan developed in consultation 
with the Secretary under subsection (F) of this section. 
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 the 
purposes of conforming the Fund plan to this title and making 
non-substantive updates, improvements, or corrections to the 
original Fund plan.
    (E) Upon the request of the Tribes, the Secretary shall 
invest the sums deposited in, accruing to, and remaining in the 
Fund, in interest-bearing deposits and securities in accordance 
with the Act of June 24, 1938, 52 Stat. 1037, 25 U.S.C. 162a, 
as amended. All income earned on such investments shall be 
added to the Fund.
    (F)(1) The Tribes shall develop a plan, in consultation 
with the Secretary, for the investment, management, 
administration and expenditure of the monies in the Fund, and 
shall submit the plan to the Secretary. The plan shall set 
forth the manner in which such monies will be managed, 
administered, and expended for the purposes outlined in 
subsection (C)(1) of this section. Such plan may be revised and 
updated by the Tribes in consultation with the Secretary.
    (2) The plan shall include a description of a project for 
the rehabilitation and betterment of the existing irrigation 
system on the Reservation. The rehabilitation and betterment 
project shall include measures to increase the efficiency of 
irrigation deliveries. The Secretary may assist in the 
development of the rehabilitation and betterment project, and 
the Tribes shall use its best efforts to implement the project 
within four years of the time when appropriations authorized in 
subsection (B) of this section become available.
    (3) Upon the request of the Tribes, the Secretary of the 
Treasury and the Secretary of the Interior shall make available 
to the Tribes, monies from the Fund to serve any of the 
purposes set forth in subsection (C)(1) of this section, except 
that no disbursement shall be made to the Tribes unless and 
until they adopt the plan required under this section.
    (G) The provisions of section 7 of Public Law 93-134, 87 
Stat. 468, as amended by section 4 of Public Law 97-458, 96 
Stat. 2513, 25 U.S.C. 1407, shall apply to any funds which may 
be distributed per capita under subsection (C)(1)(c) of this 
section.

                             104 Stat. 3293

    Section 107 of the Fallon Paiute Shoshone Indian Tribes 
Water Rights Settlement Act of 1990 is amended as follows:
    For the purposes of this title, and for no other purpose--
                  (A) the term ``Fallon Paiute Shoshone Tribal 
                Settlement Fund'' or ``Fund'' means the Fund 
                established under section 102(A) of this Act to 
                enable the Fallon Paiute Shoshone Tribes to 
                carry out the purposes set forth in section 
                102(C)(1) of this title;
                  [(B) the term ``income'' means all interest, 
                dividends, gains and other earnings resulting 
                from the investment of the principal of the 
                Fallon Paiute Shoshone Tribal Settlement Fund, 
                and the earnings resulting from the investment 
                of such income;] (B) the term ``Fund fiscal 
                year'' means a fiscal year of the fund (as 
                defined in the Fund plan);
                  [(C) the term ``rincipal'' means the total 
                sum of monies appropriated to the Fallon Paiute 
                Shoshone Tribal Settlement Fund under section 
                102(3) of this Act;] (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);
                  [(D)] (F) the term ``Reservation'' means the 
                lands set aside for the benefit of the Fallon 
                Paiute Shoshone Tribes by the orders of the 
                Department of the Interior of April 20, 1907, 
                and November 21, 1917, as expanded and 
                confirmed by the Act of August 4, 1978, Public 
                Law 95-337, 92 Stat. 457;
                  [(E)] (G) the term ``Secretary'' means the 
                Secretary of the Department of the Interior;
                  [(F)] (H) the term ``tribal members'' means 
                the enrolled members of the Fallon Paiute 
                Shoshone Tribes; and
                  [(G)] (I) the term ``tribes'' means the 
                Fallon Paiute-Shoshone Tribe.

         Washoe Tribes of Nevada and California Land Conveyance

                             Pub. L. 108-67

                             117 Stat. 880

    Section 2 of Public Law 108-67 is amended as follows:
    Subject to valid existing rights, the easement reserved 
under section 3, and the condition stated in section 4, the 
Secretary of Agriculture shall convey to the Secretary of the 
Interior, in trust for the Tribe, for no consideration, all 
right, title, and interest in [the parcel of land comprising 
approximately 24.3 acres, located within the Lake Tahoe Basin 
Management Unit north of Skunk Harbor, Nevada, and more 
particularly described as Mount Diablo Meridian, T15N, R18E, 
section 27, lot 3.] 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.

                         Indian Arts and Crafts

                            25 U.S.C. 305(d)

    Section 5 of the Act of August 27, 1935 is amended as 
follows:

[SEC.  5.  REFERRAL FOR CRIMINAL AND CIVIL VIOLATIONS; COMPLAINTS; 
                    RECOMMENDATIONS]  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 proceedings under subsection (a), the Board may 
recommend that the Attorney General initiate a civil action 
pursuant to section 6.
    Section 6 of the Act of August 27, 1935 is amended as 
follows:

Sec. 305e. Cause of action for misrepresentation of Indian produced 
                    goods and products

    (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. 450(b)).
                  (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.
    [(a)] (b) Injunctive or Other Equitable Relief; Damages.--A 
person specified in subsection (c) may, in a civil action in a 
court of competent jurisdiction, bring an action against a 
person who, directly or indirectly, offers or displays for sale 
or sells a good, with or without a Government trademark, in a 
manner that falsely suggests it is Indian produced, an Indian 
product, or the product of a particular Indian or Indian tribe 
or Indian arts and crafts organization, resident within the 
United States, to--
          (1) obtain injunctive or other equitable relief; and
          (2) recover the greater of--
                  (A) treble damages; or
                  (B) in the case of each aggrieved individual 
                Indian, Indian tribe, or Indian arts and crafts 
                organization, not less than $1,000 for each day 
                on which the offer or display for sale or sale 
                continues.
    For purposes of paragraph (2)(A), damages shall include any 
and all gross profits accrued by the defendant as a result of 
the activities found to violate this subsection.
    [(b)] (c) Punitive Damages; Attorney's Fee.--In addition to 
the relief specified in subsection (a), the court may award 
punitive damages and the costs of [suit] the civil action and a 
reasonable attorney's fee.
    [ (c) Persons Who May Initiate Civil Actions.--
          (1) A civil action under subsection (a) may be 
        commenced--
                  (A) by the Attorney General of the United 
                States upon request of the Secretary of the 
                Interior on behalf of an Indian who is a member 
                of an Indian tribe or on behalf of an Indian 
                tribe or Indian arts and crafts organization;
                  (B) by an Indian tribe on behalf of itself, 
                an Indian who is a member of the tribe, or on 
                behalf of an Indian arts and crafts 
                organization; or
                  (C) by an Indian arts and crafts organization 
                on behalf of itself, or by an Indian on behalf 
                of himself or herself.
          (2) Any amount recovered pursuant to this section 
        shall be paid to the individual Indian, Indian tribe, 
        or Indian arts and crafts organization, except that--
                  (A) in the case of paragraph (1)(A), the 
                Attorney General may deduct from the amount 
                recovered--
                          (i) the amount for the costs of suit 
                        and reasonable attorney's fees awarded 
                        pursuant to subsection (b) and deposit 
                        the amount of such costs and fees as a 
                        reimbursement credited to 
                        appropriations currently available to 
                        the Attorney General at the time of 
                        receipt of the amount recovered; and
                          (ii) the amount for the costs of 
                        investigation awarded pursuant to 
                        subsection (b) and reimburse the Board 
                        the amount of such costs incurred as a 
                        direct result of Board activities in 
                        the suit; and
                  (B) in the case of paragraph (1)(B), the 
                amount recovered for the costs of suit and 
                reasonable attorney's fees pursuant to 
                subsection (b) may be deducted from the total 
                amount awarded under subsection (a)(2).
    (d) Definitions.--As used in this section--
          (1) the term ``Indian'' means any individual who is a 
        member of an Indian tribe; or for the purposes of this 
        section is certified as an Indian artisan by an Indian 
        tribe;
          (2) subject to subsection (f), the terms ``Indian 
        product'' and ``product of a particular Indian tribe or 
        Indian arts and crafts organization'' has the meaning 
        given such term in regulations which may be promulgated 
        by the Secretary of the Interior;
          (3) the term ``Indian tribe'' means--
                  (A) any Indian tribe, band, nation, Alaska 
                Native village, or other organized group or 
                community which is recognized as eligible for 
                the special programs and services provided by 
                the United States to Indians because of their 
                status as Indians; or
                  (B) any Indian group that has been formally 
                recognized as an Indian tribe by a State 
                legislature or by a State commission or similar 
                organization legislatively vested with State 
                tribal recognition authority; and
          (4) the term ``Indian arts and crafts organization'' 
        means any legally established arts and crafts marketing 
        organization composed of members of Indian tribes.]
    (d) Persons Who 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;
                  (D) an Indian arts and craft organization;
          (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.--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.
    [(e) In the Event That] (e) Savings Provision.--If any 
provision of this section is held invalid, it is the intent of 
Congress that the remaining provisions of this section shall 
continue in full force and effect.
    [(f) Regulations.--Not later than 180 days after the date 
of enactment of the Indian Arts and Crafts Enforcement Act of 
2000 [enacted Nov. 9, 2000], the Board shall promulgate 
regulations to include in the definition of the term ``Indian 
product'' specific examples of such product to provide guidance 
to Indian artisans as well as to purveyors and consumers of 
Indian arts and crafts, as defined under this Act [25 U.S.C. 
Sec. Sec. 305 et seq.].]
    (f) Regulations.--Not later than 180 days after the 
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.
    Section 1159 ( c) of title 18, United States Code is 
amended as follows:
    (c) As used in this section--
    (1) the term ``Indian'' means any individual who is a 
member of an Indian tribe, or for the purposes of this section 
is certified as an Indian artisan by an Indian tribe;
    (2) the terms ``Indian product'' and ``product of a 
particular Indian tribe or Indian arts and crafts 
organization'' has the meaning given such term in regulations 
which may be promulgated by the Secretary of the Interior;
    [(3) the term ``Indian tribe'' means--
    [(A) any Indian tribe, band, nation, Alaska Native village, 
or other organized group or community which is recognized as 
eligible for the special programs and services provided by the 
United States to Indians because of their status as Indians; or
    [(B) any Indian group that has been formally recognized as 
an Indian tribe by a State legislature or by a State commission 
or similar organization legislatively vested with State tribal 
recognition authority; and]
          (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
          (4) the term ``Indian arts and crafts organization'' 
        means any legally established arts and crafts marketing 
        organization composed of members of Indian tribes.

                  Native American Programs Act of 1974

                Title 42. The Public Health and Welfare

                CHAPTER 34--ECONOMIC OPPORTUNITY PROGRAM

SEC. 2991B-2(D) INTRA-DEPARTMENTAL COUNCIL ON NATIVE AMERICAN AFFAIRS

    (1) [There is established in the Office of the Secretary 
the Intra-Departmental Council on Native American Affairs. The 
Commissioner shall be the chairperson of such Council and shall 
advise the Secretary on all matters affecting Native Americans 
that involve the Department. The Director of the Indian Health 
Service shall serve as vice chairperson of the Council.] 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.

Sec. 2992d. AUTHORIZATION OF APPROPRIATIONS

    [(a) There are authorized to be appropriated for the 
purpose of carrying out the provisions of this subchapter 
(other than sections 2991b(d), 2991b-1, 2991b-3 of this title, 
subsection (e) of this section, and any other provision of this 
subchapter for which there is an express authorization of 
appropriations), such sums as may be necessary for each of 
fiscal years 1999, 2000, 2001, and 2002.]
    (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) Not less than 90 per centum of the funds made 
available to carry out the provisions of this subchapter (other 
than sections 2991b(d), 2991b-1, 2991b-3, 2991c of this title, 
subsection (e) of this section, and any other provision of this 
subchapter for which there is an express authorization of 
appropriations) for a fiscal year shall be expended to carry 
out section 2991b(a) of this title for such fiscal year.]
    (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).
    [(c) There is authorized to be appropriated $8,000,000 for 
each of fiscal years 1999, 2000, 2001, and 2002, for the 
purpose of carrying out the provisions of section 2991b(d) of 
this title.]
    [(d)] (c) (1) For fiscal year 1994, there are authorized to 
be appropriated such sums as may be necessary for the purpose 
of--
                  (A) establishing demonstration projects to 
                conduct research related to Native American 
                studies and Indian policy development; and
                  (B) continuing the development of a detailed 
                plan, based in part on the results of the 
                projects, for the establishment of a National 
                Center for Native American Studies and Indian 
                Policy Development.
    (2) Such a plan shall be delivered to the Congress not 
later than 30 days after September 30, 1992.
    [(e) There are authorized to be appropriated to carry out 
section 2991b-3 of this title such sums as maybe necessary for 
each of fiscal years 1999, 2000, 2001, and 2002.]

Sec. 2992-1. [Annual report]

SEC. 811A. REPORTS.

    [The Secretary shall, not later than January 31 of each 
year] Every 5 years, the Secretary shall prepare and transmit 
to the President pro tempore of the Senate and the Speaker of 
the House of Representatives [an annual report] a report on the 
social and economic conditions of American Indians, Native 
Hawaiians, other Native American Pacific Islanders (including 
American Samoan Natives), and Alaska Natives, together with 
such recommendations to Congress as the Secretary considers to 
be appropriate.

                  Research and Educational Activities

                             20 U.S.C. 7515

    Section 7205(a)(3) of the Native Hawaiian Education Act (20 
U.S.C. 7515(a)(3)) is amended by the following:
    (J) research and data collection activities to determine 
the educational status and needs of Native Hawaiian children 
and adults;
    (K) research and educational activities relating to Native 
Hawaiian law;
    [(K)] (L) other research and evaluation activities related 
to programs carried out under this part; and
    [(L)] (M) other activities, consistent with the purposes of 
this part, to meet the educational needs of Native Hawaiian 
children and adults.

                   Definition of Indian Student Count

                             20 U.S.C. 2327

    Section 117(h) of the Carl D. Perkins Vocational and 
Technical Education Act of 1998 (20 U.S.C. 2327(h)) is amended 
by the following:
          [(2) Indian student count.--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, 
        determined as follows:
                  [(A) Registrations.--The registrations of 
                Indian students as in effect on October 1 of 
                each year.
                  [(B) Summer term.--Credits or clock hours 
                toward a certificate earned in classes offered 
                during a summer term shall be counted toward 
                the computation of the Indian student count in 
                the succeeding fall term.
                  [(C) Admission criteria.--Credits or clock 
                hours toward a certificate earned in classes 
                during a summer term shall be counted toward 
                the computation of the Indian student count if 
                the institution at which the student is in 
                attendance has established criteria for the 
                admission of such student on the basis of the 
                student's ability to benefit from the education 
                or training offered. The institution shall be 
                presumed to have established such criteria if 
                the admission procedures for such studies 
                include counseling or testing that measures the 
                student's aptitude to successfully complete the 
                course in which the student has enrolled. No 
                credit earned by such student for purposes of 
                obtaining a secondary school degree or its 
                recognized equivalent shall be counted toward 
                the computation of the Indian student count.
                  [(D) Determination of hours.--Indian students 
                earning credits in any continuing education 
                program of a tribally controlled postsecondary 
                vocational and technical institution shall be 
                included in determining the sum of all credit 
                or clock hours.
                  [(E) Continuing education.--Credits or clock 
                hours earned in a continuing education program 
                shall be converted to the basis that is in 
                accordance with the institution's system for 
                providing credit for participation in such 
                programs.]
          (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.

           Native Nations Leadership, Management, and Policy

                             20 U.S.C. 5602

    (a) 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 
as follows:
          (5) the term ``foundation'' means the Morris K. Udall 
        scholarship and Excellence in national Environmental 
        Policy Foundation established under section 5603(a) of 
        this title.
          (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);
          [6] (7) the term ``Institute'' means the United 
        States Institute for Environmental Conflict Resolution 
        established pursuant to section 5605(a)(1)(D) of this 
        title;
          [7] (8) the term ``institution of higher education'' 
        has the same meaning given to such term by section 1001 
        of this title;
          [8] (9) the term ``state'' means each of the several 
        States, the District of Columbia, Guam, the Virgin 
        Islands, American Samoa, the commonwealth of the 
        Northern Mariana Islands, the Republic of the Marshall 
        Islands, the Federal States of Micronesia, and the 
        Republic of Palau (until the Compact of Free 
        Association is ratified) and
          [9] (10) the term ``Trust Fund'' means the Morris K. 
        Udall Scholarship and Excellence in National 
        Environmental Policy Trust Fund established in section 
        5606 of this title.
    (b) 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 as follows:
                  [(C) The Foundation may award scholarships, 
                fellowships, internships and grants to eligible 
                individuals in accordance with the provisions 
                of this chapter for study in fields related to 
                the environment and Native American and Alaska 
                Native health care and tribal public policy. 
                Such scholarships, fellowships, internships and 
                grants shall be awarded to eligible individuals 
                who meet the minimum criteria established by 
                the Foundations.]
                  (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 
                        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 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.
    (c) 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 as follows:
    [(c) Training of professionals in health care and public 
policy there is authorized to be appropriated to carry out 
section 5604(7) of this title $12,300,000 for the 5-fiscal year 
period beginning with the fiscal year in which this subsection 
is enacted.]
    (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.
          (2) Limitations.--An appropriation made pursuant to 
        this subsection shall not be subject to section 7(c).

                   Border Preparedness on Indian Land

                              6 U.S.C. 251

    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 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 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 
        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 such sums as are necessary to carry out this section for 
each of fiscal years 2006 through 2008.

                    Authorization of 99-year Leases

                            25 U.S.C. 415(a)

      (a) Authorized Purposes; Term; Approval by Secretary.--
Any restricted Indian lands, whether tribally, or individually 
owned, may be leased by the Indian owners, with the approval of 
the Secretary of the Interior, for public, religious, 
educational, recreational, residential, or business purposes, 
including the development or utilization of natural resources 
in connection with the operations under such leases, for 
grazing purposes, and for those farming purposes which require 
the making of a substantial investment in the improvement of 
the land for the production of specialized crops as determined 
by said Secretary. All leases so granted shall be for a term of 
not to exceed twenty-five years, except leases of land located 
outside the boundaries of Indian reservations in the State of 
New Mexico, leases of land on the Agua Caliente (Palm Springs) 
Reservation, the Dania Reservation, the Pueblo of Santa Ana 
(with the exception of the lands known as the `Santa Ana Pueblo 
Spanish Grant') the Moapa Indian Reservation, the Swinomish 
Indian Reservation, the Southern Ute Reservation, the Fort 
Mojave Reservation, the Reservation of the Confederated Tribes 
of the Umatilla Indian Reservation, the Burns Paiute 
Reservation, the Coeur d'Alene Indian Reservation, the Kalispel 
Indian Reservation, the pueblo of Cochiti, the pueblo of 
Pojoaque, the pueblo of Tesuque, the pueblo of Zuni, the 
Hualapai Reservation, the Spokane Reservation, the San Carlos 
Apache Reservation, the Yavapai-Prescott Community Reservation, 
the Pyramid Lake Reservation, the Gila River Reservation, the 
Soboba Indian Reservation, the Viejas Indian Reservation, the 
Tulalip Indian Reservation, the Navajo Reservation, the Cabazon 
Indian Reservation, the Muckleshoot Indian Reservation and land 
held in trust for the Muckleshoot Indian Tribe, the Mille Lacs 
Indian Reservation with respect to a lease between an entity 
established by the Mille Lacs Band of Chippewa Indians and the 
Minnesota Historical Society, leases of the lands compromising 
the Moses Allotment Numbered 10, Helen County, Washington, and 
lands held in trust for the Twenty-nine Palms Band of Luiseno 
Mission Indians, and lands held in trust for the Reno Sparks 
Indian Colony, lands held in trust for the Torres Martinez 
Desert Cahuilla Indians, lands held in trust for the Guidiville 
Band of Pomo Indians of the Guidiville Indian Rancheria, lands 
held in trust for the Confederated Tribes of the Umatilla 
Reservation, lands held in trust for the Fallon Paiute Shoshone 
Tribes, lands held in trust for the Cherokee Nation of 
Oklahoma, land held in trust for the Prairie Band of Potawatomi 
Nation, lands held in trust for the pueblo of Santa Clara, land 
held in trust for the Yurok Tribe, land held in trust for the 
Hopland Band of Pomo Indians of the Hopland Rancheria, lands 
held in trust for the Confederated Tribes of the Coville 
Reservation, lands held in trust for the Cahuilla Band of 
Indians of California, lands held in trust for the Confederated 
Tribes of the Grand Ronde Community of Oregon, and the lands 
held in trust for the Confederated Salish and Kootenai Tribes 
of the Flathead Reservation, Montana, and leases to the Devils 
Lake Sioux Tribe, or any organization of such tribe, of land on 
the Devils Lake Sioux Reservation which may be for a term of 
not to exceed ninety-nine years, and except leases of land for 
grazing purposes which may be for a term of not to exceed ten 
years. Leases for public, religious, educational, recreational, 
residential, or business purposes (except leases the initial 
term of which extends for more than seventy-four years) with 
the consent of both parties may include provisions authorizing 
their renewal for one additional term of not to exceed twenty-
five years, and all leases and renewals shall be made under 
such terms and regulations as may be prescribed by the 
Secretary of the Interior. Prior to approval of any lease or 
extension of an existing lease pursuant to this section, the 
Secretary of the Interior shall first satisfy himself that 
adequate consideration has been given to the relationship 
between the use of the leased lands and the use of neighboring 
lands; the height, quality, and safety of any structures or 
other facilities to be constructed on such lands; the 
availability of police and fire protection and other services; 
the availability of judicial forums for all criminal and civil 
causes arising on the leased lands; and the effect on the 
environment of the uses to which the leased lands will be 
subject.

                                  
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