In the Senate of the United States,

April 7, 2006.

Resolved, That the bill from the House of Representatives (H.R. 3351) entitled ‘‘An Act to make technical corrections to laws relating to Native Americans, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na3 tive American Technical Corrections Act of 2006’’.
 †

2

HR 3351 EAS

1 (b) TABLE OF CONTENTS.—The table of contents of this

2 Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—TECHNICAL AMENDMENTS AND OTHER PROVISIONS

RELATING TO NATIVE AMERICANS

Sec. 101. Alaska Native Claims Settlement Act technical amendment.

Sec. 102. ANCSA amendment.

Sec. 103. Mississippi Band of Choctaw transportation reimbursement.

Sec. 104. Fallon Paiute Shoshone tribes settlement.

TITLE II—INDIAN LAND LEASING

Sec. 201. Prairie Island land conveyance.

Sec. 202. Authorization of 99-year leases.

Sec. 203. Certification of rental proceeds.

TITLE III—NATIONAL INDIAN GAMING COMMISSION FUNDING

AMENDMENT

Sec. 301. National Indian Gaming Commission funding amendment.

TITLE IV—INDIAN FINANCING

Sec. 401. Indian Financing Act Amendments.

TITLE V—NATIVE AMERICAN PROBATE REFORM TECHNICAL

AMENDMENT

Sec. 501. Clarification of provisions and amendments relating to inheritance of

Indian lands.

3 TITLE I—TECHNICAL AMEND4 MENTS AND OTHER PROVI5 SIONS RELATING TO NATIVE

6 AMERICANS

7 SEC. 101. ALASKA NATIVE CLAIMS SETTLEMENT ACT TECH8 NICAL AMENDMENT.

9 (a)(1) Section 337(a) of the Department of the Interior

10 and Related Agencies Appropriations Act, 2003 (Division

11 F of Public Law 108–7; 117 Stat. 278; February 20, 2003)

12 is amended—
†

3

HR 3351 EAS

1 (A) in the matter preceding paragraph (1), by

2 striking ‘‘Section 1629b of title 43, United States

3 Code,’’ and inserting ‘‘Section 36 of the Alaska Native

4 Claims Settlement Act (43 U.S.C. 1629b)’’;

5 (B) in paragraph (2), by striking ‘‘by creating

6 the following new subsection:’’ and inserting ‘‘in sub7 section (d), by adding at the end the following:’’; and

8 (C) in paragraph (3), by striking ‘‘by creating

9 the following new subsection:’’ and inserting ‘‘by add10 ing at the end the following:’’.

11 (2) Section 36 of the Alaska Native Claims Settlement

12 Act (43 U.S.C. 1629b) is amended in subsection (f), by

13 striking ‘‘section 1629e of this title’’ and inserting ‘‘section

14 39’’.

15 (b)(1) Section 337(b) of the Department of the Interior

16 and Related Agencies Appropriations Act, 2003 (Division

17 F of Public Law 108–7; 117 Stat. 278; February 20, 2003)

18 is amended by striking ‘‘Section 1629e(a)(3) of title 43,

19 United States Code,’’ and inserting ‘‘Section 39(a)(3) of the

20 Alaska Native Claims Settlement Act (43 U.S.C.

21 1629e(a)(3))’’.

22 (2) Section 39(a)(3)(B)(ii) of the Alaska Native

23 Claims Settlement Act (43 U.S.C. 1629e(a)(3)(B)(ii)) is

24 amended by striking ‘‘(a)(4) of section 1629b of this title’’

25 and inserting ‘‘section 36(a)(4)’’.
†

4

HR 3351 EAS

1 (c) The amendments made by this section take effect

2 on February 20, 2003.

3 SEC. 102. ANCSA AMENDMENT.

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

5 conveyed by the Federal Government under the Alaska Na6 tive Claims Settlement Act (43 U.S.C. 1601 et seq.) to a

7 Native Corporation and reconveyed by that Native Corpora8 tion, or a successor in interest, in exchange for any other

9 land or interest in land in the State of Alaska and located

10 within the same region (as defined in section 9(a) of the

11 Alaska Native Claims Settlement Act (43 U.S.C. 1608(a)),

12 to a Native Corporation under an exchange or other convey13 ance, shall be deemed, notwithstanding the conveyance or

14 exchange, to have been conveyed pursuant to that Act.

15 SEC. 103. MISSISSIPPI BAND OF CHOCTAW TRANSPOR16 TATION REIMBURSEMENT.

17 The Secretary of the Interior is authorized and di18 rected, within the 3-year period beginning on the date of

19 enactment of this Act, to accept funds from the State of Mis20 sissippi pursuant to the contract signed by the Mississippi

21 Department of Transportation on June 7, 2005, and by the

22 Mississippi Band of Choctaw Indians on June 2, 2005. The

23 amount shall not exceed $776,965.30 and such funds shall

24 be deposited in the trust account numbered PL7489708 at

25 the Office of Trust Funds Management for the benefit of
†

5

HR 3351 EAS

1 the Mississippi Band of Choctaw Indians. Thereafter, the

2 tribe may draw down these moneys from this trust account

3 by resolution of the Tribal Council, pursuant to Federal law

4 and regulations applicable to such accounts.

5 SEC. 104. FALLON PAIUTE SHOSHONE TRIBES SETTLEMENT.

6 (a) SETTLEMENT FUND.—Section 102 of the Fallon

7 Paiute Shoshone Indian Tribes Water Rights Settlement

8 Act of 1990 (Public Law 101–618; 104 Stat. 3289) is

9 amended—

10 (1) in subsection (C)—

11 (A) in paragraph (1)—

12 (i) by striking the matter preceding

13 subparagraph (a) and inserting the fol14 lowing: ‘‘Notwithstanding any conflicting

15 provision in the original Fund plan during

16 Fund fiscal year 2006 or any subsequent

17 Fund fiscal year, 6 percent of the average

18 quarterly market value of the Fund during

19 the immediately preceding 3 Fund fiscal

20 years (referred to in this title as the ‘An21 nual 6 percent Amount’), plus any unex22 pended and unobligated portion of the An23 nual 6 percent Amount from any of the 3

24 immediately preceding Fund fiscal years

25 that are subsequent to Fund fiscal year
†

6

HR 3351 EAS

1 2005, less any negative income that may

2 accrue on that portion, may be expended or

3 obligated only for the following purposes:’’;

4 and

5 (ii) by adding at the end the following:

6 ‘‘(g) Fees and expenses incurred in connection

7 with the investment of the Fund, for investment man8 agement, investment consulting, custodianship, and

9 other transactional services or matters.’’; and

10 (B) by striking paragraph (4) and inserting

11 the following:

12 ‘‘(4) No monies from the Fund other than the amounts

13 authorized under paragraphs (1) and (3) may be expended

14 or obligated for any purpose.

15 ‘‘(5) Notwithstanding any conflicting provision in the

16 original Fund plan, during Fund fiscal year 2006 and dur17 ing each subsequent Fund fiscal year, not more than 20

18 percent of the Annual 6 percent Amount for the Fund fiscal

19 year (referred to in this title as the ‘Annual 1.2 percent

20 Amount’) may be expended or obligated under paragraph

21 (1)(c) for per capita distributions to tribal members, except

22 that during each Fund fiscal year subsequent to Fund fiscal

23 year 2006, any unexpended and unobligated portion of the

24 Annual 1.2 percent Amount from any of the 3 immediately

25 preceding Fund fiscal years that are subsequent to Fund
†

7

HR 3351 EAS

1 fiscal year 2005, less any negative income that may accrue

2 on that portion, may also be expended or obligated for such

3 per capita payments.’’; and

4 (2) in subsection (D), by adding at the end the

5 following: ‘‘Notwithstanding any conflicting provision

6 in the original Fund plan, the Fallon Business Coun7 cil, in consultation with the Secretary, shall promptly

8 amend the original Fund plan for purposes of con9 forming the Fund plan to this title and making non10 substantive updates, improvements, or corrections to

11 the original Fund plan.’’.

12 (b) DEFINITIONS.—Section 107 of the Fallon Paiute

13 Shoshone Indian Tribes Water Rights Settlement Act of

14 1990 (Public Law 101–618; 104 Stat. 3293) is amended—

15 (1) by redesignating subsections (D), (E), (F),

16 and (G) as subsections (F), (G), (H), and (I), respec17 tively; and

18 (2) by striking subsections (B) and (C) and in19 serting the following:

20 ‘‘(B) the term ‘Fund fiscal year’ means a fiscal

21 year of the Fund (as defined in the Fund plan);

22 ‘‘(C) the term ‘Fund plan’ means the plan estab23 lished under section 102(F), including the original

24 Fund plan (the ‘Plan for Investment, Management,

25 Administration and Expenditure dated December 20,
†

8

HR 3351 EAS

1 1991’) and all amendments of the Fund plan under

2 subsection (D) or (F)(1) of section 102;

3 ‘‘(D) the term ‘income’ means the total net re4 turn from the investment of the Fund, consisting of

5 all interest, dividends, realized and unrealized gains

6 and losses, and other earnings, less all related fees

7 and expenses incurred for investment management,

8 investment consulting, custodianship and trans9 actional services or matters;

10 ‘‘(E) the term ‘principal’ means the total

11 amount appropriated to the Fallon Paiute Shoshone

12 Tribal Settlement Fund under section 102(B);’’.

13 TITLE II—INDIAN LAND LEASING

14 SEC. 201. PRAIRIE ISLAND LAND CONVEYANCE.

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

16 convey all right, title, and interest of the United States in

17 and to the land described in subsection (b), including all

18 improvements, cultural resources, and sites on the land,

19 subject to the flowage and sloughing easement described in

20 subsection (d) and to the conditions stated in subsection (f),

21 to the Secretary of the Interior, to be—

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

23 benefit of the Prairie Island Indian Community in

24 Minnesota; and
†

9

HR 3351 EAS

1 (2) included in the Prairie Island Indian Com2 munity Reservation in Goodhue County, Minnesota.

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

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

5 land associated with the Lock and Dam #3 on the Mis6 sissippi River in Goodhue County, Minnesota, located in

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

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

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

10 331B, GO–331C, GO–332, GO–333, GO–334, GO–335A,

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

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

13 GO–358, GO–359A, GO–359B, GO–359C, GO–359D, and

14 GO–360, as depicted on the map entitled ‘‘United States

15 Army Corps of Engineers survey map of the Upper Mis16 sissippi River 9-Foot Project, Lock & Dam No. 3 (Red

17 Wing), Land & Flowage Rights’’ and dated December 1936.

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

19 the date of conveyance under subsection (a), the boundaries

20 of the land conveyed shall be surveyed as provided in section

21 2115 of the Revised Statutes (25 U.S.C. 176).

22 (d) EASEMENT.—

23 (1) IN GENERAL.—The Corps of Engineers shall

24 retain a flowage and sloughing easement for the pur25 pose of navigation and purposes relating to the Lock
†

10

HR 3351 EAS

1 and Dam No. 3 project over the portion of the land

2 described in subsection (b) that lies below the ele3 vation of 676.0.

4 (2) INCLUSIONS.—The easement retained under

5 paragraph (1) includes—

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

7 and submerge property as the District Engineer

8 determines to be necessary in connection with the

9 operation and maintenance of the Mississippi

10 River Navigation Project; and

11 (B) the continuing right to clear and re12 move any brush, debris, or natural obstructions

13 that, in the opinion of the District Engineer,

14 may be detrimental to the project.

15 (e) OWNERSHIP OF STURGEON LAKE BED UNAF16 FECTED.—Nothing in this section diminishes or otherwise

17 affects the title of the State of Minnesota to the bed of Stur18 geon Lake located within the tracts of land described in sub19 section (b).

20 (f) CONDITIONS.—The conveyance under subsection (a)

21 is subject to the conditions that the Prairie Island Indian

22 Community shall not—

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

24 (2) construct any structure on the land without

25 the written approval of the District Engineer; or
†

11

HR 3351 EAS

1 (3) conduct gaming (within the meaning of sec2 tion 4 of the Indian Gaming Regulatory Act (25

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

4 (g) NO EFFECT ON ELIGIBILITY FOR CERTAIN

5 PROJECTS.—Notwithstanding the conveyance under sub6 section (a), the land shall continue to be eligible for environ7 mental management planning and other recreational or

8 natural resource development projects on the same basis as

9 before the conveyance.

10 (h) EFFECT OF SECTION.—Nothing in this section di11 minishes or otherwise affects the rights granted to the

12 United States pursuant to letters of July 23, 1937, and No13 vember 20, 1937, from the Secretary of the Interior to the

14 Secretary of War and the letters of the Secretary of War

15 in response to the Secretary of the Interior dated August

16 18, 1937, and November 27, 1937, under which the Sec17 retary of the Interior granted certain rights to the Corps

18 of Engineers to overflow the portions of Tracts A, B, and

19 C that lie within the Mississippi River 9-Foot Channel

20 Project boundary and as more particularly shown and de21 picted on the map entitled ‘‘United States Army Corps of

22 Engineers survey map of the Upper Mississippi River 9-

23 Foot Project, Lock & Dam No. 3 (Red Wing), Land & Flow24 age Rights’’ and dated December 1936.
†

12

HR 3351 EAS

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

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

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

4 in the second sentence—

5 (1) by striking ‘‘Moapa Indian reservation’’ and

6 inserting ‘‘Moapa Indian Reservation’’;

7 (2) by inserting ‘‘the Confederated Tribes of the

8 Umatilla Indian Reservation,’’ before ‘‘the Burns

9 Paiute Reservation’’;

10 (3) by inserting ‘‘the’’ before ‘‘Yavapai-Prescott’’;

11 (4) by inserting ‘‘the Muckleshoot Indian Res12 ervation and land held in trust for the Muckleshoot

13 Indian Tribe,’’ after ‘‘the Cabazon Indian Reserva14 tion,’’;

15 (5) by striking ‘‘lands comprising the Moses Al16 lotment Numbered 10, Chelan County, Washington,,’’

17 and inserting ‘‘the lands comprising the Moses Allot18 ment Numbered 8 and the Moses Allotment Numbered

19 10, Chelan County, Washington,’’;

20 (6) by inserting ‘‘land held in trust for the Prai21 rie Band Potawatomi Nation,’’ before ‘‘lands held in

22 trust for the Cherokee Nation of Oklahoma’’;

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

24 Fallon Paiute Shoshone Tribes,’’ before ‘‘lands held in

25 trust for the Pueblo of Santa Clara’’; and
†

13

HR 3351 EAS

1 (8) by inserting ‘‘land held in trust for the Yurok

2 Tribe, land held in trust for the Hopland Band of

3 Pomo Indians of the Hopland Rancheria,’’ after

4 ‘‘Pueblo of Santa Clara,’’.

5 (b) EFFECTIVE DATE.—The amendments made by sub6 section (a) shall apply to any lease entered into or renewed

7 after the date of enactment of this Act.

8 SEC. 203. CERTIFICATION OF RENTAL PROCEEDS.

9 Notwithstanding any other provision of law, any ac10 tual rental proceeds from the lease of land acquired under

11 the first section of the Act entitled ‘‘An Act to provide for

12 loans to Indian tribes and tribal corporations, and for other

13 purposes’’ (25 U.S.C. 488) certified by the Secretary of the

14 Interior shall be deemed—

15 (1) to constitute the rental value of that land;

16 and

17 (2) to satisfy the requirement for appraisal of

18 that land.
†

14

HR 3351 EAS

1 TITLE III—NATIONAL INDIAN

2 GAMING COMMISSION FUND3 ING AMENDMENT

4 SEC. 301. NATIONAL INDIAN GAMING COMMISSION FUND5 ING AMENDMENT.

6 (a) POWERS OF THE COMMISSION.—Section 7 of the

7 Indian Gaming Regulatory Act (25 U.S.C. 2706) is amend8 ed by adding at the end the following:

9 ‘‘(d) APPLICATION OF GOVERNMENT PERFORMANCE

10 AND RESULTS ACT.—

11 ‘‘(1) IN GENERAL.—In carrying out any action

12 under this Act, the Commission shall be subject to the

13 Government Performance and Results Act of 1993

14 (Public Law 103–62; 107 Stat. 285).

15 ‘‘(2) PLANS.—In addition to any plan required

16 under the Government Performance and Results Act

17 of 1993 (Public Law 103–62; 107 Stat. 285), the

18 Commission shall submit a plan to provide technical

19 assistance to tribal gaming operations in accordance

20 with that Act.’’.

21 (b) COMMISSION FUNDING.—Section 18(a)(2) of the

22 Indian Gaming Regulatory Act (25 U.S.C. 2717(a)(2)) is

23 amended by striking subparagraph (B) and inserting the

24 following:
†

15

HR 3351 EAS

1 ‘‘(B) The total amount of all fees imposed

2 during any fiscal year under the schedule estab3 lished under paragraph (1) shall not exceed

4 0.080 percent of the gross gaming revenues of all

5 gaming operations subject to regulation under

6 this Act.’’.

7 TITLE IV—INDIAN FINANCING

8 SEC. 401. INDIAN FINANCING ACT AMENDMENTS.

9 (a) IN GENERAL.—Section 201 of the Indian Financ10 ing Act of 1974 (25 U.S.C. 1481) is amended—

11 (1) by striking ‘‘SEC. 201. In order’’ and insert12 ing the following:

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

14 ‘‘(a) IN GENERAL.—In order’’;

15 (2) by striking ‘‘the Secretary is authorized (a)

16 to guarantee’’ and inserting ‘‘the Secretary may—

17 ‘‘(1) guarantee’’;

18 (3) by striking ‘‘members; and (b) in lieu of such

19 guaranty, to insure’’ and inserting ‘‘members; or

20 ‘‘(2) insure’’; and

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

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

23 guarantee or insure loans under subsection (a) to both for24 profit and nonprofit borrowers.’’.
†

16

HR 3351 EAS

1 (b) SALE OR ASSIGNMENT OF LOANS AND UNDER2 LYING SECURITY.—Section 205 of the Indian Financing

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

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

5 through subsection (b) and inserting the following:

6 ‘‘SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDER7 LYING SECURITY.

8 ‘‘(a) IN GENERAL.—All or any portion of a loan guar9 anteed or insured under this title, including the security

10 given for the loan—

11 ‘‘(1) may be transferred by the lender by sale or

12 assignment to any person; and

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

14 ‘‘(b) TRANSFERS OF LOANS.—With respect to a trans15 fer described in subsection (a)—

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

17 regulations as the Secretary shall promulgate under

18 subsection (h); and

19 ‘‘(2) the transferee shall give notice of the trans20 fer to the Secretary.’’;

21 (2) by striking subsection (c);

22 (3) by redesignating subsections (d), (e), (f), (g),

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

24 (h), respectively;
†

17

HR 3351 EAS

1 (4) in subsection (c) (as redesignated by para2 graph (3)), by striking paragraph (2) and inserting

3 the following:

4 ‘‘(2) VALIDITY.—Except as provided in regula5 tions in effect on the date on which a loan is made,

6 the validity of a guarantee or insurance of a loan

7 under this title shall be incontestable.’’;

8 (5) in subsection (e) (as redesignated by para9 graph (3))—

10 (A) by striking ‘‘The Secretary’’ and insert11 ing the following:

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

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

14 ‘‘(2) COMPENSATION OF FISCAL TRANSFER

15 AGENT.—A fiscal transfer agent designated under sub16 section (f) may be compensated through any of the

17 fees assessed under this section and any interest

18 earned on any funds or fees collected by the fiscal

19 transfer agent while the funds or fees are in the con20 trol of the fiscal transfer agent and before the time at

21 which the fiscal transfer agent is contractually re22 quired to transfer such funds to the Secretary or to

23 transferees or other holders.’’; and

24 (6) in subsection (f) (as redesignated by para25 graph (3))—
†

18

HR 3351 EAS

1 (A) by striking ‘‘subsection (i)’’ and insert2 ing ‘‘subsection (h)’’; and

3 (B) in paragraph (2)(B), by striking ‘‘, and

4 issuance of acknowledgments,’’.

5 (c) LOANS INELIGIBLE FOR GUARANTY OR INSUR6 ANCE.—Section 206 of the Indian Financing Act of 1974

7 (25 U.S.C. 1486) is amended by inserting ‘‘(not including

8 an eligible Community Development Finance Institution)’’

9 after ‘‘Government’’.

10 (d) AGGREGATE LOANS OR SURETY BONDS LIMITA11 TION.—Section 217(b) of the Indian Financing Act of 1974

12 (25 U.S.C. 1497(b)) is amended by striking ‘‘$500,000,000’’

13 and inserting ‘‘$1,500,000,000’’.

14 TITLE V—NATIVE AMERICAN

15 PROBATE REFORM TECH16 NICAL AMENDMENT

17 SEC. 501. CLARIFICATION OF PROVISIONS AND AMEND18 MENTS RELATING TO INHERITANCE OF IN19 DIAN LANDS.

20 (a) CLARIFICATIONS RELATING TO APPLICABLE

21 LAWS.—

22 (1) IN GENERAL.—Section 207(g)(2) of the In23 dian Land Consolidation Act (25 U.S.C. 2206(g)(2))

24 is amended—
†

19

HR 3351 EAS

1 (A) in the matter preceding subparagraph

2 (A), by striking ‘‘described in paragraph (1)’’

3 and inserting ‘‘specified in paragraph (1)’’; and

4 (B) in subparagraph (B), by striking ‘‘iden5 tified in Federal law’’ and inserting ‘‘identified

6 in such law’’.

7 (2) LIMITATION ON EFFECT OF PARAGRAPH.—

8 Section 207(g) of the Indian Land Consolidation Act

9 (25 U.S.C. 2206(g)) is amended by striking para10 graph (3) and inserting the following:

11 ‘‘(3) LIMITATION ON EFFECT OF PARAGRAPH.—

12 Except to the extent that this Act would amend or

13 otherwise affect the application of a Federal law spec14 ified or described in paragraph (1) or (2), nothing in

15 paragraph (2) limits the application of this Act to

16 trust or restricted land, interests in such land, or any

17 other trust or restricted interests or assets.’’.

18 (b) TRANSFER AND EXCHANGE; LAND FOR WHICH

19 PATENTS HAVE BEEN EXECUTED AND DELIVERED.—

20 (1) TRANSFER AND EXCHANGE OF LAND.—Sec21 tion 4 of the Act of June 18, 1934 (25 U.S.C. 464),

22 is amended to read as follows:
†

20

HR 3351 EAS

1 ‘‘SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED IN2 DIAN LANDS AND SHARES OF INDIAN TRIBES

3 AND CORPORATIONS.

4 ‘‘Except as provided in this Act, no sale, devise, gift,

5 exchange, or other transfer of restricted Indian lands or of

6 shares in the assets of any Indian tribe or corporation orga7 nized under this Act shall be made or approved: Provided,

8 That such lands or interests may, with the approval of the

9 Secretary of the Interior, be sold, devised, or otherwise

10 transferred to the Indian tribe in which the lands or shares

11 are located or from which the shares were derived, or to

12 a successor corporation; Provided further, That, subject to

13 section 8(b) of the American Indian Probate Reform Act

14 of 2004 (Public Law 108–374; 25 U.S.C. 2201 note), lands

15 and shares described in the preceding proviso shall descend

16 or be devised to any member of an Indian tribe or corpora17 tion described in that proviso or to an heir or lineal de18 scendant of such a member in accordance with the Indian

19 Land Consolidation Act (25 U.S.C. 2201 et seq.), including

20 a tribal probate code approved, or regulations promulgated

21 under, that Act: Provided further, That the Secretary of the

22 Interior may authorize any voluntary exchanges of lands

23 of equal value and the voluntary exchange of shares of equal

24 value whenever such exchange, in the judgment of the Sec25 retary, is expedient and beneficial for or compatible with
†

21

HR 3351 EAS

1 the proper consolidation of Indian lands and for the benefit

2 of cooperative organizations.’’.

3 (2) LAND FOR WHICH PATENTS HAVE BEEN EXE4 CUTED AND DELIVERED.—Section 5 of the Act of Feb5 ruary 8, 1887 (25 U.S.C. 348) is amended in the sec6 ond proviso by striking ‘‘That’’ and inserting ‘‘That,

7 subject to section 8(b) of the American Indian Probate

8 Reform Act of 2004 (Public Law 108–374; 118 Stat.

9 1810),’’.

10 (3) EFFECTIVE DATES.—Section 8 of the Amer11 ican Indian Probate Reform Act of 2004 (25 U.S.C.

12 2201 note; 118 Stat. 1809) is amended by striking

13 subsection (b) and inserting the following:

14 ‘‘(b) EFFECTIVE DATES.—

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), the amendments made by this Act apply

17 on and after the date that is 1 year after the date on

18 which the Secretary makes the certification required

19 under subsection (a)(4).

20 ‘‘(2) EXCEPTIONS.—The following provisions of

21 law apply as of the date of enactment of this Act:

22 ‘‘(A) Subsections (e) and (f) of section 207

23 of the Indian Land Consolidation Act (25 U.S.C.

24 2206) (as amended by this Act).
†

22

HR 3351 EAS

1 ‘‘(B) Subsection (g) of section 207 of the In2 dian Land Consolidation Act (25 U.S.C. 2206)

3 (as in effect on March 1, 2006).

4 ‘‘(C) The amendments made by section 4,

5 section 5, paragraphs (1), (3), (4), (5), (6), (7),

6 (8), (9), (10), and (11) of section 6(a), section

7 6(b)(3), and section 7 of this Act.’’.

8 (c) EFFECTIVE DATE OF AMENDMENTS.—The amend9 ments made by subsection (b) shall take effect as if included

10 in the enactment of the American Indian Probate Reform

11 Act of 2004 (Public Law 108–374; 118 Stat. 1773).

Attest:

Secretary.
109TH CONGRESS

2D SESSION H. R. 3351

AMENDMENT