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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3351 Referred in Senate (RFS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Native American 
Technical Corrections Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
 TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE 
                               AMERICANS

Sec. 101. Indian Financing Act amendments.
Sec. 102. Gila River Indian Community binding arbitration.
Sec. 103. Alaska Native Claims Settlement Act voting standards 
                            amendment.
Sec. 104. Indian tribal justice technical and legal assistance.
Sec. 105. Tribal justice systems.
Sec. 106. ANCSA amendment.
Sec. 107. Mississippi Band of Choctaw transportation reimbursement.
Sec. 108. Indian Pueblo Land Act Amendments.
                     TITLE II--INDIAN LAND LEASING

Sec. 201. Prairie Island land conveyance.
Sec. 202. Authorization of 99-year leases.
Sec. 203. Paskenta Band of Nomlaki Indians 99-year lease authority.

 TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE 
                               AMERICANS

SEC. 101. INDIAN FINANCING ACT AMENDMENTS.

    (a) Loan Guaranties and Insurance.--Section 201 of the Indian 
Financing Act of 1974 (25 U.S.C. 1481) is amended--
            (1) by striking ``the Secretary is authorized (a) to 
        guarantee'' and inserting
 ``the Secretary may--
            ``(1) guarantee'';
            (2) by striking ``Indians; and (b) in lieu of such 
        guaranty, to insure'' and inserting
 ``Indians; or
            ``(2) to insure'';
            (3) by striking ``Sec. 201. In order'' and inserting the 
        following:

``SEC. 201. LOAN GUARANTIES AND INSURANCE.

    ``(a) In General.--In order''; and
            (4) by adding at the end the following:
    ``(b) Eligible Borrowers.--The Secretary may guarantee or insure 
loans under subsection (a) to both for-profit and nonprofit 
borrowers.''.
    (b) Loan Approval.--Section 204 of the Indian Financing Act of 1974 
(25 U.S.C. 1484) is amended by striking ``Sec. 204.'' and inserting the 
following:

``SEC. 204. LOAN APPROVAL.''.

    (c) Sale or Assignment of Loans and Underlying Security.--Section 
205 of the Indian Financing Act of 1974 (25 U.S.C. 1485) is amended--
            (1) by striking ``Sec. 205.'' and all that follows through 
        subsection (b) and inserting the following:

``SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDERLYING SECURITY.

    ``(a) In General.--All or any portion of a loan guaranteed or 
insured under this title, including the security given for the loan--
            ``(1) may be transferred by the lender by sale or 
        assignment to any person; and
            ``(2) may be retransferred by the transferee.
    ``(b) Transfers of Loans.--With respect to a transfer described in 
subsection (a)--
            ``(1) the transfer shall be consistent with such 
        regulations as the Secretary shall promulgate under subsection 
        (h); and
            ``(2) the transferee shall give notice of the transfer to 
        the Secretary.'';
            (2) by striking subsection (c);
            (3) by redesignating subsections (d), (e), (f), (g), (h), 
        and (i) as subsections (c), (d), (e), (f), (g), and (h), 
        respectively;
            (4) in paragraph (2) of subsection (c) (as redesignated by 
        paragraph (3))--
                    (A) by striking ``Validity.--'' and all that 
                follows through ``subparagraph (B),'' and inserting 
                ``Validity.--Except as provided by regulations in 
                effect on the date on which a loan is made,''; and
                    (B) by striking ``incontestable'' and all that 
                follows and inserting ``incontestable.'';
            (5) in subsection (e) (as redesignated by paragraph (3))--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
    ``(1) In General.--The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) Compensation of fiscal transfer agent.--A fiscal 
        transfer agent designated under subsection (f) may be 
        compensated through any of the fees assessed under this section 
        and any interest earned on any funds or fees collected by the 
        fiscal transfer agent while the funds or fees are in the 
        control of the fiscal transfer agent and before the time at 
        which the fiscal transfer agent is contractually required to 
        transfer such funds to the Secretary or to transferees or other 
        holders.''; and
            (6) in subsection (f) (as redesignated by paragraph (3))--
                    (A) by striking ``subsection (i)'' and inserting 
                ``subsection (h)''; and
                    (B) in paragraph (2)(B), by striking ``, and 
                issuance of acknowledgments,''.
    (d) Loans Ineligible for Guaranty or Insurance.--Section 206 of the 
Indian Financing Act of 1974 (25 U.S.C. 1486) is amended by striking 
``Internal Revenue Code of 1954, as amended,'' and inserting ``Internal 
Revenue Code of 1986 (except loans made by certified Community 
Development Finance Institutions)''.
    (e) Aggregate Loans or Surety Bonds Limitation.--Section 217(b) of 
the Indian Financing Act of 1974 (25 U.S.C. 1497(b)) is amended by 
striking ``$500,000,000'' and inserting ``$1,500,000,000''.

SEC. 102. GILA RIVER INDIAN COMMUNITY BINDING ARBITRATION.

    (a) Amendments.--Subsection (f) of the first section of the Act of 
August 9, 1955 (25 U.S.C. 415(f)), is amended--
            (1) in the first sentence, by striking ``Any lease'' and 
        all that follows through ``affecting land'' and inserting ``Any 
        contract, including a lease, affecting land''; and
            (2) in the second sentence, by striking ``Such leases or 
        contracts entered into pursuant to such Acts'' and inserting 
        ``Such contracts''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in Public Law 107-159 (116 Stat. 122).

SEC. 103. ALASKA NATIVE CLAIMS SETTLEMENT ACT VOTING STANDARDS 
              AMENDMENT.

    (a) In General.--Subsection (d)(3) of section 36 of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1629b) (as amended by 
subsection (b)) is amended--
            (1) by inserting after ``of this section'' the following: 
        ``or an amendment to the articles of incorporation described in 
        section 7(g)(1)(B)''; and
            (2) by inserting ``or amendment'' after ``meeting relating 
        to such resolution'' each place it appears.
    (b) Technical Corrections.--
            (1)(A) Section 337(a) of the Department of the Interior and 
        Related Agencies Appropriations Act, 2003 (Division F of Public 
        Law 108-7; 117 Stat. 278; February 20, 2003) is amended--
                    (i) in the matter preceding paragraph (1), by 
                striking ``Section 1629b of title 43, United States 
                Code,'' and inserting ``Section 36 of the Alaska Native 
                Claims Settlement Act (43 U.S.C. 1629b)'';
                    (ii) in paragraph (2), by striking ``by creating 
                the following new subsection:'' and inserting ``in 
                subsection (d), by adding at the end the following:''; 
                and
                    (iii) in paragraph (3), by striking ``by creating 
                the following new subsection:'' and inserting ``by 
                adding at the end the following:''.
            (B) Section 36 of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1629b) is amended--
                    (i) in subsection (d)(3), by striking ``(d)''; and
                    (ii) in subsection (f), by striking ``section 1629e 
                of this title'' and inserting ``section 39''.
            (2)(A) Section 337(b) of the Department of the Interior and 
        Related Agencies Appropriations Act, 2003 (Division F of Public 
        Law 108-7; 117 Stat. 278; February 20, 2003) is amended by 
        striking ``Section 1629e(a)(3) of title 43, United States 
        Code,'' and inserting ``Section 39(a)(3) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1629e(a)(3))''.
            (B) Section 39(a)(3)(B)(ii) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1629e(a)(3)(B)(ii)) is amended by 
        striking ``(a)(4) of section 1629b of this title'' and 
        inserting ``section 36(a)(4)''.
            (3) The amendments made by this subsection take effect on 
        February 20, 2003.

SEC. 104. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE.

    Sections 106 and 201(d) of the Indian Tribal Justice Technical and 
Legal Assistance Act of 2000 (25 U.S.C. 3666, 3681(d)) are amended by 
striking ``for fiscal years 2000 through 2004'' and inserting ``for 
fiscal years 2004 through 2010''.

SEC. 105. TRIBAL JUSTICE SYSTEMS.

    Subsections (a), (b), (c), and (d) of section 201 of the Indian 
Tribal Justice Act (25 U.S.C. 3621) are amended by striking ``2007'' 
and inserting ``2010''.

SEC. 106. ANCSA AMENDMENT.

    All land and interests in land in the State of Alaska conveyed by 
the Federal Government under the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.) to a Native Corporation and reconveyed by that 
Native Corporation, or a successor in interest, in exchange for any 
other land or interest in land in the State of Alaska and located 
within the same region (as defined in section 9(a) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1608(a)), to a Native Corporation 
under an exchange or other conveyance, shall be deemed, notwithstanding 
the conveyance or exchange, to have been conveyed pursuant to that Act.

SEC. 107. MISSISSIPPI BAND OF CHOCTAW TRANSPORTATION REIMBURSEMENT.

    The Secretary of the Interior, acting through the Bureau of Indian 
Affairs, is authorized and directed to enter into a contract in order 
to accept funds from the State of Mississippi and deposit such funds in 
trust account number PL7489708 at the Office of Trust Funds Management 
for the benefit of the Mississippi Band of Choctaw Indians, as set 
forth in the agreement executed by the Mississippi Department of 
Transportation on June 7, 2005, and by the Mississippi Band of Choctaw 
Indians on June 2, 2005. Thereafter, the tribe may draw down these 
moneys from this trust account by resolution of the Tribal Council, 
pursuant to Federal law and regulations applicable to such accounts.

SEC. 108. INDIAN PUEBLO LAND ACT AMENDMENTS.

    The Act of June 7, 1924 (43 Stat. 636, chapter 331), is amended by 
adding at the end the following:

``SEC. 20. CRIMINAL JURISDICTION.

    ``(a) In General.--Except as otherwise provided by Congress, 
jurisdiction over offenses committed anywhere within the exterior 
boundaries of any grant from a prior sovereign, as confirmed by 
Congress or the Court of Private Land Claims to a Pueblo Indian tribe 
of New Mexico shall be provided in this section.
    ``(b) Jurisdiction of the Pueblo.--The Pueblo has jurisdiction, as 
an act of the Pueblos inherent power as an Indian tribe, over any 
offense committed by a member of the Pueblo or an Indian, as defined in 
section 201 of the Act of April 11, 1968 (25 U.S.C. 1301), or by any 
other Indian-owned entity.
    ``(c) Jurisdiction of the United States.--The United States has 
jurisdiction over any offense described in chapter 53 of title 18, 
United States Code, committed by or against an Indian as defined in 
section 201 of the Act of April 11, 1968 (25 U.S. C. 1301) or any 
Indian-owned entity, or that involves any Indian property or interest.
    ``(d) Jurisdiction of the State of New Mexico.--The State of New 
Mexico shall have jurisdiction over any offense committed by a person 
who is not a member of a Pueblo or an Indian tribe, as defined in 
section 201 of the Act of April 11, 1968 (25 U.S.C. 1301) which offense 
is not subject to the jurisdiction of the United States.''.

                     TITLE II--INDIAN LAND LEASING

SEC. 201. PRAIRIE ISLAND LAND CONVEYANCE.

    (a) In General.--The Secretary of the Army shall convey all right, 
title, and interest of the United States in and to the land described 
in subsection (b), including all improvements, cultural resources, and 
sites on the land, subject to the flowage and sloughing easement 
described in subsection (d) and to the conditions stated in subsection 
(f), to the Secretary of the Interior, to be--
            (1) held in trust by the United States for the benefit of 
        the Prairie Island Indian Community in Minnesota; and
            (2) included in the Prairie Island Indian Community 
        Reservation in Goodhue County, Minnesota.
    (b) Land Description.--The land to be conveyed under subsection (a) 
is the approximately 1290 acres of land associated with the Lock and 
Dam #3 on the Mississippi River in Goodhue County, Minnesota, located 
in tracts identified as GO-251, GO-252, GO-271, GO-277, GO-278, GO-284, 
GO-301 through GO-313, GO-314A, GO-314B, GO-329, GO-330A, GO-330B, GO-
331A, GO-331B, GO-331C, GO-332, GO-333, GO-334, GO-335A, GO-335B, GO-
336 through GO-338, GO-339A, GO-339B, GO-339C, GO-339D, GO-339E, GO-
340A, GO-340B, GO-358, GO-359A, GO-359B, GO-359C, GO-359D, and GO-360, 
as depicted on the map entitled ``United States Army Corps of Engineers 
survey map of the Upper Mississippi River 9-Foot Project, Lock & Dam 
No. 3 (Red Wing), Land & Flowage Rights'' and dated December 1936.
    (c) Boundary Survey.--Not later than 5 years after the date of 
conveyance under subsection (a), the boundaries of the land conveyed 
shall be surveyed as provided in section 2115 of the Revised Statutes 
(25 U.S.C. 176).
    (d) Easement.--
            (1) In general.--The Corps of Engineers shall retain a 
        flowage and sloughing easement for the purpose of navigation 
        and purposes relating to the Lock and Dam No. 3 project over 
        the portion of the land described in subsection (b) that lies 
        below the elevation of 676.0.
            (2) Inclusions.--The easement retained under paragraph (1) 
        includes--
                    (A) the perpetual right to overflow, flood, and 
                submerge property as the District Engineer determines 
                to be necessary in connection with the operation and 
                maintenance of the Mississippi River Navigation 
                Project; and
                    (B) the continuing right to clear and remove any 
                brush, debris, or natural obstructions that, in the 
                opinion of the District Engineer, may be detrimental to 
                the project.
    (e) Ownership of Sturgeon Lake Bed Unaffected.--Nothing in this 
section diminishes or otherwise affects the title of the State of 
Minnesota to the bed of Sturgeon Lake located within the tracts of land 
described in subsection (b).
    (f) Conditions.--The conveyance under subsection (a) is subject to 
the conditions that the Prairie Island Indian Community shall not--
            (1) use the conveyed land for human habitation;
            (2) construct any structure on the land without the written 
        approval of the District Engineer; or
            (3) conduct gaming (within the meaning of section 4 of the 
        Indian Gaming Regulatory Act (25 U.S.C. 2703)) on the land.
    (g) No Effect on Eligibility for Certain Projects.--Notwithstanding 
the conveyance under subsection (a), the land shall continue to be 
eligible for environmental management planning and other recreational 
or natural resource development projects on the same basis as before 
the conveyance.
    (h) Effect of Section.--Nothing in this section diminishes or 
otherwise affects the rights granted to the United States pursuant to 
letters of July 23, 1937, and November 20, 1937, from the Secretary of 
the Interior to the Secretary of War and the letters of the Secretary 
of War in response to the Secretary of the Interior dated August 18, 
1937, and November 27, 1937, under which the Secretary of the Interior 
granted certain rights to the Corps of Engineers to overflow the 
portions of Tracts A, B, and C that lie within the Mississippi River 9-
Foot Channel Project boundary and as more particularly shown and 
depicted on the map entitled ``United States Army Corps of Engineers 
survey map of the Upper Mississippi River 9-Foot Project, Lock & Dam 
No. 3 (Red Wing), Land & Flowage Rights'' and dated December 1936.

SEC. 202. AUTHORIZATION OF 99-YEAR LEASES.

    (a) In General.--Subsection (a) of the first section of the Act of 
August 9, 1955 (25 U.S.C. 415(a)), is amended in the second sentence--
            (1) by inserting ``the reservation of the Confederated 
        Tribes of the Umatilla Indian Reservation,'' before ``the Burns 
        Paiute Reservation,'';
            (2) by inserting ``the'' before ``Yavapai-Prescott'';
            (3) by inserting ``the Muckleshoot Indian Reservation and 
        land held in trust for the Muckleshoot Indian Tribe,'' after 
        ``the Cabazon Indian reservation,'';
            (4) by inserting ``lands held in trust for the Fallon 
        Paiute Shoshone Tribes,'' before ``lands held in trust for the 
        Pueblo of Santa Clara'';
            (5) by striking ``the lands comprising the Moses Allotment 
        Numbered 10, Chelan County, Washington,'' and inserting the 
        following: ``the lands comprising the Moses Allotment Numbered 
        8 and the Moses Allotment Numbered 10, Chelan County, 
        Washington''; and
            (6) by inserting ``land held in trust for the Yurok Tribe, 
        land held in trust for the Hopland Band of Pomo Indians of the 
        Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply only to any lease entered into or renewed after the date of the 
enactment of this Act.

SEC. 203. PASKENTA BAND OF NOMLAKI INDIANS 99-YEAR LEASE AUTHORITY.

    Notwithstanding section 17 of the Act of June 18, 1936 (25 U.S.C. 
477; commonly known as the Indian Reorganization Act), the Paskenta 
Band of Nomlaki Indians is granted 99-year lease authority over its 
reservation land.

            Passed the House of Representatives November 16, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
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