IIB 

109TH CONGRESS 

2D SESSION H. R. 3351 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2005 

Received 

JANUARY 27, 2006 

Read twice and referred to the Committee on Indian Affairs 

AN ACT 

To make technical corrections to laws relating to Native 

Americans, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

HR 3351 RFS 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Native American Technical Corrections Act of 2005’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—TECHNICAL AMENDMENTS AND OTHER PROVISIONS 

RELATING TO NATIVE AMERICANS 

Sec. 101. Indian Financing Act amendments. 

Sec. 102. Gila River Indian Community binding arbitration. 

Sec. 103. Alaska Native Claims Settlement Act voting standards amendment. 

Sec. 104. Indian tribal justice technical and legal assistance. 

Sec. 105. Tribal justice systems. 

Sec. 106. ANCSA amendment. 

Sec. 107. Mississippi Band of Choctaw transportation reimbursement. 

Sec. 108. Indian Pueblo Land Act Amendments. 

TITLE II—INDIAN LAND LEASING 

Sec. 201. Prairie Island land conveyance. 

Sec. 202. Authorization of 99-year leases. 

Sec. 203. Paskenta Band of Nomlaki Indians 99-year lease authority. 

6 TITLE I—TECHNICAL AMEND7 MENTS AND OTHER PROVI8 SIONS RELATING TO NATIVE 

9 AMERICANS 

10 SEC. 101. INDIAN FINANCING ACT AMENDMENTS. 

11 (a) LOAN GUARANTIES AND INSURANCE.—Section 

12 201 of the Indian Financing Act of 1974 (25 U.S.C. 

13 1481) is amended— 

14 (1) by striking ‘‘the Secretary is authorized (a) 

15 to guarantee’’ and inserting 

16 ‘‘the Secretary may— 

17 ‘‘(1) guarantee’’; 
3 

HR 3351 RFS 

1 (2) by striking ‘‘Indians; and (b) in lieu of such 

2 guaranty, to insure’’ and inserting 

3 ‘‘Indians; or 

4 ‘‘(2) to insure’’; 

5 (3) by striking ‘‘SEC. 201. In order’’ and insert6 ing the following: 

7 ‘‘SEC. 201. LOAN GUARANTIES AND INSURANCE. 

8 ‘‘(a) IN GENERAL.—In order’’; and 

9 (4) by adding at the end the following: 

10 ‘‘(b) ELIGIBLE BORROWERS.—The Secretary may 

11 guarantee or insure loans under subsection (a) to both for12 profit and nonprofit borrowers.’’. 

13 (b) LOAN APPROVAL.—Section 204 of the Indian Fi14 nancing Act of 1974 (25 U.S.C. 1484) is amended by 

15 striking ‘‘SEC. 204.’’ and inserting the following: 

16 ‘‘SEC. 204. LOAN APPROVAL.’’. 

17 (c) SALE OR ASSIGNMENT OF LOANS AND UNDER18 LYING SECURITY.—Section 205 of the Indian Financing 

19 Act of 1974 (25 U.S.C. 1485) is amended— 

20 (1) by striking ‘‘SEC. 205.’’ and all that follows 

21 through subsection (b) and inserting the following: 
4 

HR 3351 RFS 

1 ‘‘SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDER2 LYING SECURITY. 

3 ‘‘(a) IN GENERAL.—All or any portion of a loan 

4 guaranteed or insured under this title, including the secu5 rity given for the loan— 

6 ‘‘(1) may be transferred by the lender by sale 

7 or assignment to any person; and 

8 ‘‘(2) may be retransferred by the transferee. 

9 ‘‘(b) TRANSFERS OF LOANS.—With respect to a 

10 transfer described in subsection (a)— 

11 ‘‘(1) the transfer shall be consistent with such 

12 regulations as the Secretary shall promulgate under 

13 subsection (h); and 

14 ‘‘(2) the transferee shall give notice of the 

15 transfer to the Secretary.’’; 

16 (2) by striking subsection (c); 

17 (3) by redesignating subsections (d), (e), (f), 

18 (g), (h), and (i) as subsections (c), (d), (e), (f), (g), 

19 and (h), respectively; 

20 (4) in paragraph (2) of subsection (c) (as redes21 ignated by paragraph (3))— 

22 (A) by striking ‘‘VALIDITY.—’’ and all that 

23 follows through ‘‘subparagraph (B),’’ and in24 serting ‘‘VALIDITY.—Except as provided by reg25 ulations in effect on the date on which a loan 

26 is made,’’; and 
5 

HR 3351 RFS 

1 (B) by striking ‘‘incontestable’’ and all 

2 that follows and inserting ‘‘incontestable.’’; 

3 (5) in subsection (e) (as redesignated by para4 graph (3))— 

5 (A) by striking ‘‘The Secretary’’ and in6 serting the following: 

7 ‘‘(1) IN GENERAL.—The Secretary’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(2) COMPENSATION OF FISCAL TRANSFER

10 AGENT.—A fiscal transfer agent designated under 

11 subsection (f) may be compensated through any of 

12 the fees assessed under this section and any interest 

13 earned on any funds or fees collected by the fiscal 

14 transfer agent while the funds or fees are in the con15 trol of the fiscal transfer agent and before the time 

16 at which the fiscal transfer agent is contractually re17 quired to transfer such funds to the Secretary or to 

18 transferees or other holders.’’; and 

19 (6) in subsection (f) (as redesignated by para20 graph (3))— 

21 (A) by striking ‘‘subsection (i)’’ and insert22 ing ‘‘subsection (h)’’; and 

23 (B) in paragraph (2)(B), by striking ‘‘, 

24 and issuance of acknowledgments,’’. 
6 

HR 3351 RFS 

1 (d) LOANS INELIGIBLE FOR GUARANTY OR INSUR2 ANCE.—Section 206 of the Indian Financing Act of 1974 

3 (25 U.S.C. 1486) is amended by striking ‘‘Internal Rev4 enue Code of 1954, as amended,’’ and inserting ‘‘Internal 

5 Revenue Code of 1986 (except loans made by certified 

6 Community Development Finance Institutions)’’. 

7 (e) AGGREGATE LOANS OR SURETY BONDS LIMITA8 TION.—Section 217(b) of the Indian Financing Act of 

9 1974 (25 U.S.C. 1497(b)) is amended by striking 

10 ‘‘$500,000,000’’ and inserting ‘‘$1,500,000,000’’. 

11 SEC. 102. GILA RIVER INDIAN COMMUNITY BINDING ARBI12 TRATION. 

13 (a) AMENDMENTS.—Subsection (f) of the first sec14 tion of the Act of August 9, 1955 (25 U.S.C. 415(f)), is 

15 amended— 

16 (1) in the first sentence, by striking ‘‘Any 

17 lease’’ and all that follows through ‘‘affecting land’’ 

18 and inserting ‘‘Any contract, including a lease, af19 fecting land’’; and 

20 (2) in the second sentence, by striking ‘‘Such 

21 leases or contracts entered into pursuant to such 

22 Acts’’ and inserting ‘‘Such contracts’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 subsection (a) shall take effect as if included in Public 

25 Law 107–159 (116 Stat. 122). 
7 

HR 3351 RFS 

1 SEC. 103. ALASKA NATIVE CLAIMS SETTLEMENT ACT VOT2 ING STANDARDS AMENDMENT. 

3 (a) IN GENERAL.—Subsection (d)(3) of section 36 of 

4 the Alaska Native Claims Settlement Act (43 U.S.C. 

5 1629b) (as amended by subsection (b)) is amended— 

6 (1) by inserting after ‘‘of this section’’ the fol7 lowing: ‘‘or an amendment to the articles of incorpo8 ration described in section 7(g)(1)(B)’’; and 

9 (2) by inserting ‘‘or amendment’’ after ‘‘meet10 ing relating to such resolution’’ each place it ap11 pears. 

12 (b) TECHNICAL CORRECTIONS.— 

13 (1)(A) Section 337(a) of the Department of the 

14 Interior and Related Agencies Appropriations Act, 

15 2003 (Division F of Public Law 108–7; 117 Stat. 

16 278; February 20, 2003) is amended— 

17 (i) in the matter preceding paragraph (1), 

18 by striking ‘‘Section 1629b of title 43, United 

19 States Code,’’ and inserting ‘‘Section 36 of the 

20 Alaska Native Claims Settlement Act (43 

21 U.S.C. 1629b)’’; 

22 (ii) in paragraph (2), by striking ‘‘by cre23 ating the following new subsection:’’ and insert24 ing ‘‘in subsection (d), by adding at the end the 

25 following:’’; and 
8 

HR 3351 RFS 

1 (iii) in paragraph (3), by striking ‘‘by cre2 ating the following new subsection:’’ and insert3 ing ‘‘by adding at the end the following:’’. 

4 (B) Section 36 of the Alaska Native Claims 

5 Settlement Act (43 U.S.C. 1629b) is amended— 

6 (i) in subsection (d)(3), by striking ‘‘(d)’’; 

7 and 

8 (ii) in subsection (f), by striking ‘‘section 

9 1629e of this title’’ and inserting ‘‘section 39’’. 

10 (2)(A) Section 337(b) of the Department of the 

11 Interior and Related Agencies Appropriations Act, 

12 2003 (Division F of Public Law 108–7; 117 Stat. 

13 278; February 20, 2003) is amended by striking 

14 ‘‘Section 1629e(a)(3) of title 43, United States 

15 Code,’’ and inserting ‘‘Section 39(a)(3) of the Alas16 ka Native Claims Settlement Act (43 U.S.C. 

17 1629e(a)(3))’’. 

18 (B) Section 39(a)(3)(B)(ii) of the Alaska Na19 tive Claims Settlement Act (43 U.S.C. 

20 1629e(a)(3)(B)(ii)) is amended by striking ‘‘(a)(4) 

21 of section 1629b of this title’’ and inserting ‘‘section 

22 36(a)(4)’’. 

23 (3) The amendments made by this subsection 

24 take effect on February 20, 2003. 
9 

HR 3351 RFS 

1 SEC. 104. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL 

2 ASSISTANCE. 

3 Sections 106 and 201(d) of the Indian Tribal Justice 

4 Technical and Legal Assistance Act of 2000 (25 U.S.C. 

5 3666, 3681(d)) are amended by striking ‘‘for fiscal years 

6 2000 through 2004’’ and inserting ‘‘for fiscal years 2004 

7 through 2010’’. 

8 SEC. 105. TRIBAL JUSTICE SYSTEMS. 

9 Subsections (a), (b), (c), and (d) of section 201 of 

10 the Indian Tribal Justice Act (25 U.S.C. 3621) are 

11 amended by striking ‘‘2007’’ and inserting ‘‘2010’’. 

12 SEC. 106. ANCSA AMENDMENT. 

13 All land and interests in land in the State of Alaska 

14 conveyed by the Federal Government under the Alaska 

15 Native Claims Settlement Act (43 U.S.C. 1601 et seq.) 

16 to a Native Corporation and reconveyed by that Native 

17 Corporation, or a successor in interest, in exchange for 

18 any other land or interest in land in the State of Alaska 

19 and located within the same region (as defined in section 

20 9(a) of the Alaska Native Claims Settlement Act (43 

21 U.S.C. 1608(a)), to a Native Corporation under an ex22 change or other conveyance, shall be deemed, notwith23 standing the conveyance or exchange, to have been con24 veyed pursuant to that Act. 
10 

HR 3351 RFS 

1 SEC. 107. MISSISSIPPI BAND OF CHOCTAW TRANSPOR2 TATION REIMBURSEMENT. 

3 The Secretary of the Interior, acting through the Bu4 reau of Indian Affairs, is authorized and directed to enter 

5 into a contract in order to accept funds from the State 

6 of Mississippi and deposit such funds in trust account 

7 number PL7489708 at the Office of Trust Funds Man8 agement for the benefit of the Mississippi Band of Choc9 taw Indians, as set forth in the agreement executed by 

10 the Mississippi Department of Transportation on June 7, 

11 2005, and by the Mississippi Band of Choctaw Indians 

12 on June 2, 2005. Thereafter, the tribe may draw down 

13 these moneys from this trust account by resolution of the 

14 Tribal Council, pursuant to Federal law and regulations 

15 applicable to such accounts. 

16 SEC. 108. INDIAN PUEBLO LAND ACT AMENDMENTS. 

17 The Act of June 7, 1924 (43 Stat. 636, chapter 331), 

18 is amended by adding at the end the following: 

19 ‘‘SEC. 20. CRIMINAL JURISDICTION. 

20 ‘‘(a) IN GENERAL.—Except as otherwise provided by 

21 Congress, jurisdiction over offenses committed anywhere 

22 within the exterior boundaries of any grant from a prior 

23 sovereign, as confirmed by Congress or the Court of Pri24 vate Land Claims to a Pueblo Indian tribe of New Mexico 

25 shall be provided in this section. 
11 

HR 3351 RFS 

1 ‘‘(b) JURISDICTION OF THE PUEBLO.—The Pueblo 

2 has jurisdiction, as an act of the Pueblos inherent power 

3 as an Indian tribe, over any offense committed by a mem4 ber of the Pueblo or an Indian, as defined in section 201 

5 of the Act of April 11, 1968 (25 U.S.C. 1301), or by any 

6 other Indian-owned entity. 

7 ‘‘(c) JURISDICTION OF THE UNITED STATES.—The 

8 United States has jurisdiction over any offense described 

9 in chapter 53 of title 18, United States Code, committed 

10 by or against an Indian as defined in section 201 of the 

11 Act of April 11, 1968 (25 U.S. C. 1301) or any Indian12 owned entity, or that involves any Indian property or in13 terest. 

14 ‘‘(d) JURISDICTION OF THE STATE OF NEW MEX15 ICO.—The State of New Mexico shall have jurisdiction 

16 over any offense committed by a person who is not a mem17 ber of a Pueblo or an Indian tribe, as defined in section 

18 201 of the Act of April 11, 1968 (25 U.S.C. 1301) which 

19 offense is not subject to the jurisdiction of the United 

20 States.’’. 

21 TITLE II—INDIAN LAND LEASING 

22 SEC. 201. PRAIRIE ISLAND LAND CONVEYANCE. 

23 (a) IN GENERAL.—The Secretary of the Army shall 

24 convey all right, title, and interest of the United States 

25 in and to the land described in subsection (b), including 
12 

HR 3351 RFS 

1 all improvements, cultural resources, and sites on the land, 

2 subject to the flowage and sloughing easement described 

3 in subsection (d) and to the conditions stated in subsection 

4 (f), to the Secretary of the Interior, to be— 

5 (1) held in trust by the United States for the 

6 benefit of the Prairie Island Indian Community in 

7 Minnesota; and 

8 (2) included in the Prairie Island Indian Com9 munity Reservation in Goodhue County, Minnesota. 

10 (b) LAND DESCRIPTION.—The land to be conveyed 

11 under subsection (a) is the approximately 1290 acres of 

12 land associated with the Lock and Dam #3 on the Mis13 sissippi River in Goodhue County, Minnesota, located in 

14 tracts identified as GO–251, GO–252, GO–271, GO–277, 

15 GO–278, GO–284, GO–301 through GO–313, GO–314A, 

16 GO–314B, GO–329, GO–330A, GO–330B, GO–331A, 

17 GO–331B, GO–331C, GO–332, GO–333, GO–334, GO– 

18 335A, GO–335B, GO–336 through GO–338, GO–339A, 

19 GO–339B, GO–339C, GO–339D, GO–339E, GO–340A, 

20 GO–340B, GO–358, GO–359A, GO–359B, GO–359C, 

21 GO–359D, and GO–360, as depicted on the map entitled 

22 ‘‘United States Army Corps of Engineers survey map of 

23 the Upper Mississippi River 9-Foot Project, Lock & Dam 

24 No. 3 (Red Wing), Land & Flowage Rights’’ and dated 

25 December 1936. 
13 

HR 3351 RFS 

1 (c) BOUNDARY SURVEY.—Not later than 5 years 

2 after the date of conveyance under subsection (a), the 

3 boundaries of the land conveyed shall be surveyed as pro4 vided in section 2115 of the Revised Statutes (25 U.S.C. 

5 176). 

6 (d) EASEMENT.— 

7 (1) IN GENERAL.—The Corps of Engineers 

8 shall retain a flowage and sloughing easement for 

9 the purpose of navigation and purposes relating to 

10 the Lock and Dam No. 3 project over the portion of 

11 the land described in subsection (b) that lies below 

12 the elevation of 676.0. 

13 (2) INCLUSIONS.—The easement retained under 

14 paragraph (1) includes— 

15 (A) the perpetual right to overflow, flood, 

16 and submerge property as the District Engineer 

17 determines to be necessary in connection with 

18 the operation and maintenance of the Mis19 sissippi River Navigation Project; and 

20 (B) the continuing right to clear and re21 move any brush, debris, or natural obstructions 

22 that, in the opinion of the District Engineer, 

23 may be detrimental to the project. 

24 (e) OWNERSHIP OF STURGEON LAKE BED UNAF25 FECTED.—Nothing in this section diminishes or otherwise 
14 

HR 3351 RFS 

1 affects the title of the State of Minnesota to the bed of 

2 Sturgeon Lake located within the tracts of land described 

3 in subsection (b). 

4 (f) CONDITIONS.—The conveyance under subsection 

5 (a) is subject to the conditions that the Prairie Island In6 dian Community shall not— 

7 (1) use the conveyed land for human habitation; 

8 (2) construct any structure on the land without 

9 the written approval of the District Engineer; or 

10 (3) conduct gaming (within the meaning of sec11 tion 4 of the Indian Gaming Regulatory Act (25 

12 U.S.C. 2703)) on the land. 

13 (g) NO EFFECT ON ELIGIBILITY FOR CERTAIN

14 PROJECTS.—Notwithstanding the conveyance under sub15 section (a), the land shall continue to be eligible for envi16 ronmental management planning and other recreational or 

17 natural resource development projects on the same basis 

18 as before the conveyance. 

19 (h) EFFECT OF SECTION.—Nothing in this section 

20 diminishes or otherwise affects the rights granted to the 

21 United States pursuant to letters of July 23, 1937, and 

22 November 20, 1937, from the Secretary of the Interior 

23 to the Secretary of War and the letters of the Secretary 

24 of War in response to the Secretary of the Interior dated 

25 August 18, 1937, and November 27, 1937, under which 
15 

HR 3351 RFS 

1 the Secretary of the Interior granted certain rights to the 

2 Corps of Engineers to overflow the portions of Tracts A, 

3 B, and C that lie within the Mississippi River 9-Foot 

4 Channel Project boundary and as more particularly shown 

5 and depicted on the map entitled ‘‘United States Army 

6 Corps of Engineers survey map of the Upper Mississippi 

7 River 9-Foot Project, Lock & Dam No. 3 (Red Wing), 

8 Land & Flowage Rights’’ and dated December 1936. 

9 SEC. 202. AUTHORIZATION OF 99-YEAR LEASES. 

10 (a) IN GENERAL.—Subsection (a) of the first section 

11 of the Act of August 9, 1955 (25 U.S.C. 415(a)), is 

12 amended in the second sentence— 

13 (1) by inserting ‘‘the reservation of the Confed14 erated Tribes of the Umatilla Indian Reservation,’’ 

15 before ‘‘the Burns Paiute Reservation,’’; 

16 (2) by inserting ‘‘the’’ before ‘‘Yavapai-Pres17 cott’’; 

18 (3) by inserting ‘‘the Muckleshoot Indian Res19 ervation and land held in trust for the Muckleshoot 

20 Indian Tribe,’’ after ‘‘the Cabazon Indian reserva21 tion,’’; 

22 (4) by inserting ‘‘lands held in trust for the 

23 Fallon Paiute Shoshone Tribes,’’ before ‘‘lands held 

24 in trust for the Pueblo of Santa Clara’’; 
16 

HR 3351 RFS 

1 (5) by striking ‘‘the lands comprising the Moses 

2 Allotment Numbered 10, Chelan County, Wash3 ington,’’ and inserting the following: ‘‘the lands com4 prising the Moses Allotment Numbered 8 and the 

5 Moses Allotment Numbered 10, Chelan County, 

6 Washington’’; and 

7 (6) by inserting ‘‘land held in trust for the 

8 Yurok Tribe, land held in trust for the Hopland 

9 Band of Pomo Indians of the Hopland Rancheria,’’ 

10 after ‘‘Pueblo of Santa Clara,’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 subsection (a) shall apply only to any lease entered into 

13 or renewed after the date of the enactment of this Act. 

14 SEC. 203. PASKENTA BAND OF NOMLAKI INDIANS 99-YEAR 

15 LEASE AUTHORITY. 

16 Notwithstanding section 17 of the Act of June 18, 

17 1936 (25 U.S.C. 477; commonly known as the Indian Re18 organization Act), the Paskenta Band of Nomlaki Indians 

19 is granted 99-year lease authority over its reservation 

20 land. 

Passed the House of Representatives November 16, 

2005. 

Attest: JEFF TRANDAHL, 

Clerk.