IB 

Union Calendar No. 165 

109TH CONGRESS 

1ST SESSION H. R. 3351 

[Report No. 109–298, Part 1] 

To make technical corrections to laws relating to Native Americans, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 19, 2005 

Mr. POMBO introduced the following bill; which was referred to the Committee 

on Resources, and in addition to the Committee on Transportation and 

Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

NOVEMBER 16, 2005 

Reported from the Committee on Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

NOVEMBER 16, 2005 

Committee on Transportation and Infrastructure discharged; committed to the 

Committee of the Whole House on the State of the Union and ordered 

to be printed 

[For text of introduced bill, see copy of bill as introduced on July 19, 2005] 

A BILL 

To make technical corrections to laws relating to Native 

Americans, and for other purposes. 
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na5 tive American Technical Corrections Act of 2005’’. 

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

7 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. 

8 TITLE I—TECHNICAL AMEND9 MENTS AND OTHER PROVI10 SIONS RELATING TO NATIVE 

11 AMERICANS 

12 SEC. 101. INDIAN FINANCING ACT AMENDMENTS. 

13 (a) LOAN GUARANTIES AND INSURANCE.—Section 201 

14 of the Indian Financing Act of 1974 (25 U.S.C. 1481) is 

15 amended— 

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

17 to guarantee’’ and inserting 
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1 ‘‘the Secretary may— 

2 ‘‘(1) guarantee’’; 

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

4 guaranty, to insure’’ and inserting 

5 ‘‘Indians; or 

6 ‘‘(2) to insure’’; 

7 (3) by striking ‘‘SEC. 201. In order’’ and insert8 ing the following: 

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

10 ‘‘(a) IN GENERAL.—In order’’; and 

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

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

13 guarantee or insure loans under subsection (a) to both for14 profit and nonprofit borrowers.’’. 

15 (b) LOAN APPROVAL.—Section 204 of the Indian Fi16 nancing Act of 1974 (25 U.S.C. 1484) is amended by strik17 ing ‘‘SEC. 204.’’ and inserting the following: 

18 ‘‘SEC. 204. LOAN APPROVAL.’’. 

19 (c) SALE OR ASSIGNMENT OF LOANS AND UNDERLYING

20 SECURITY.—Section 205 of the Indian Financing Act of 

21 1974 (25 U.S.C. 1485) is amended— 

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

23 through subsection (b) and inserting the following: 
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1 ‘‘SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDER2 LYING SECURITY. 

3 ‘‘(a) IN GENERAL.—All or any portion of a loan guar4 anteed or insured under this title, including the security 

5 given for the loan— 

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

7 assignment to any person; and 

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

9 ‘‘(b) TRANSFERS OF LOANS.—With respect to a trans10 fer 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 trans15 fer to the Secretary.’’; 

16 (2) by striking subsection (c); 

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

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

19 (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 insert24 ing ‘‘VALIDITY.—Except as provided by regula25 tions in effect on the date on which a loan is 

26 made,’’; and 
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1 (B) by striking ‘‘incontestable’’ and all that 

2 follows and inserting ‘‘incontestable.’’; 

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

5 (A) by striking ‘‘The Secretary’’ and insert6 ing 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 sub11 section (f) may be compensated through any of the 

12 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 at 

16 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 ‘‘, and 

24 issuance of acknowledgments,’’. 
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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 Revenue 

4 Code of 1954, as amended,’’ and inserting ‘‘Internal Rev5 enue Code of 1986 (except loans made by certified Commu6 nity Development Finance Institutions)’’. 

7 (e) AGGREGATE LOANS OR SURETY BONDS LIMITA8 TION.—Section 217(b) of the Indian Financing Act of 1974 

9 (25 U.S.C. 1497(b)) is amended by striking ‘‘$500,000,000’’ 

10 and inserting ‘‘$1,500,000,000’’. 

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

13 (a) AMENDMENTS.—Subsection (f) of the first section 

14 of the Act of August 9, 1955 (25 U.S.C. 415(f)), is amend15 ed— 

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

17 and all that follows through ‘‘affecting land’’ and in18 serting ‘‘Any contract, including a lease, affecting 

19 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 sub24 section (a) shall take effect as if included in Public Law 

25 107–159 (116 Stat. 122). 
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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. 1629b) 

5 (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 ‘‘meeting 

10 relating to such resolution’’ each place it appears. 

11 (b) TECHNICAL CORRECTIONS.— 

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

13 Interior and Related Agencies Appropriations Act, 

14 2003 (Division F of Public Law 108–7; 117 Stat. 

15 278; February 20, 2003) is amended— 

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

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

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

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

20 1629b)’’; 

21 (ii) in paragraph (2), by striking ‘‘by cre22 ating the following new subsection:’’ and insert23 ing ‘‘in subsection (d), by adding at the end the 

24 following:’’; and 
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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 Set5 tlement 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 ‘‘Sec14 tion 1629e(a)(3) of title 43, United States Code,’’ and 

15 inserting ‘‘Section 39(a)(3) of the Alaska Native 

16 Claims Settlement Act (43 U.S.C. 1629e(a)(3))’’. 

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

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

19 is amended by striking ‘‘(a)(4) of section 1629b of 

20 this title’’ and inserting ‘‘section 36(a)(4)’’. 

21 (3) The amendments made by this subsection 

22 take effect on February 20, 2003. 
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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 the 

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

11 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 Na15 tive Claims Settlement Act (43 U.S.C. 1601 et seq.) to a 

16 Native Corporation and reconveyed by that Native Corpora17 tion, or a successor in interest, in exchange for any other 

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

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

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

21 to a Native Corporation under an exchange or other convey22 ance, shall be deemed, notwithstanding the conveyance or 

23 exchange, to have been conveyed pursuant to that Act. 
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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 of 

6 Mississippi and deposit such funds in trust account number 

7 PL7489708 at the Office of Trust Funds Management for 

8 the benefit of the Mississippi Band of Choctaw Indians, as 

9 set forth in the agreement executed by the Mississippi De10 partment of Transportation on June 7, 2005, and by the 

11 Mississippi Band of Choctaw Indians on June 2, 2005. 

12 Thereafter, the tribe may draw down these moneys from this 

13 trust account by resolution of the Tribal Council, pursuant 

14 to Federal law and regulations applicable to such accounts. 

15 SEC. 108. INDIAN PUEBLO LAND ACT AMENDMENTS. 

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

17 is amended by adding at the end the following: 

18 ‘‘SEC. 20. CRIMINAL JURISDICTION. 

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

20 Congress, jurisdiction over offenses committed anywhere 

21 within the exterior boundaries of any grant from a prior 

22 sovereign, as confirmed by Congress or the Court of Private 

23 Land Claims to a Pueblo Indian tribe of New Mexico shall 

24 be provided in this section. 

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

26 jurisdiction, as an act of the Pueblos inherent power as an 
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1 Indian tribe, over any offense committed by a member of 

2 the Pueblo or an Indian, as defined in section 201 of the 

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

4 Indian-owned entity. 

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

6 United States has jurisdiction over any offense described 

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

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

9 Act of April 11, 1968 (25 U.S. C. 1301) or any Indian10 owned entity, or that involves any Indian property or in11 terest. 

12 ‘‘(d) JURISDICTION OF THE STATE OF NEW MEXICO.— 

13 The State of New Mexico shall have jurisdiction over any 

14 offense committed by a person who is not a member of a 

15 Pueblo or an Indian tribe, as defined in section 201 of the 

16 Act of April 11, 1968 (25 U.S.C. 1301) which offense is 

17 not subject to the jurisdiction of the United States.’’. 

18 TITLE II—INDIAN LAND LEASING 

19 SEC. 201. PRAIRIE ISLAND LAND CONVEYANCE. 

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

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

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

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

24 subject to the flowage and sloughing easement described in 
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1 subsection (d) and to the conditions stated in subsection (f), 

2 to the Secretary of the Interior, to be— 

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

4 benefit of the Prairie Island Indian Community in 

5 Minnesota; and 

6 (2) included in the Prairie Island Indian Com7 munity Reservation in Goodhue County, Minnesota. 

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

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

10 land associated with the Lock and Dam #3 on the Mis11 sissippi River in Goodhue County, Minnesota, located in 

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

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

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

15 331B, GO–331C, GO–332, GO–333, GO–334, GO–335A, 

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

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

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

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

20 Army Corps of Engineers survey map of the Upper Mis21 sissippi River 9-Foot Project, Lock & Dam No. 3 (Red 

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

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

24 the date of conveyance under subsection (a), the boundaries 
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1 of the land conveyed shall be surveyed as provided in section 

2 2115 of the Revised Statutes (25 U.S.C. 176). 

3 (d) EASEMENT.— 

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

5 retain a flowage and sloughing easement for the pur6 pose of navigation and purposes relating to the Lock 

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

8 described in subsection (b) that lies below the ele9 vation of 676.0. 

10 (2) INCLUSIONS.—The easement retained under 

11 paragraph (1) includes— 

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

13 and submerge property as the District Engineer 

14 determines to be necessary in connection with the 

15 operation and maintenance of the Mississippi 

16 River Navigation Project; and 

17 (B) the continuing right to clear and re18 move any brush, debris, or natural obstructions 

19 that, in the opinion of the District Engineer, 

20 may be detrimental to the project. 

21 (e) OWNERSHIP OF STURGEON LAKE BED UNAF22 FECTED.—Nothing in this section diminishes or otherwise 

23 affects the title of the State of Minnesota to the bed of Stur24 geon Lake located within the tracts of land described in sub25 section (b). 
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1 (f) CONDITIONS.—The conveyance under subsection (a) 

2 is subject to the conditions that the Prairie Island Indian 

3 Community shall not— 

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

5 (2) construct any structure on the land without 

6 the written approval of the District Engineer; or 

7 (3) conduct gaming (within the meaning of sec8 tion 4 of the Indian Gaming Regulatory Act (25 

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

10 (g) NO EFFECT ON ELIGIBILITY FOR CERTAIN

11 PROJECTS.—Notwithstanding the conveyance under sub12 section (a), the land shall continue to be eligible for environ13 mental management planning and other recreational or 

14 natural resource development projects on the same basis as 

15 before the conveyance. 

16 (h) EFFECT OF SECTION.—Nothing in this section di17 minishes or otherwise affects the rights granted to the 

18 United States pursuant to letters of July 23, 1937, and No19 vember 20, 1937, from the Secretary of the Interior to the 

20 Secretary of War and the letters of the Secretary of War 

21 in response to the Secretary of the Interior dated August 

22 18, 1937, and November 27, 1937, under which the Sec23 retary of the Interior granted certain rights to the Corps 

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

25 C that lie within the Mississippi River 9-Foot Channel 
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1 Project boundary and as more particularly shown and de2 picted on the map entitled ‘‘United States Army Corps of 

3 Engineers survey map of the Upper Mississippi River 9- 

4 Foot Project, Lock & Dam No. 3 (Red Wing), Land & Flow5 age Rights’’ and dated December 1936. 

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

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

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

9 in the second sentence: 

10 (1) by inserting ‘‘the reservation of the Confed11 erated Tribes of the Umatilla Indian Reservation,’’ 

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

13 (2) by inserting ‘‘the’’ before ‘‘Yavapai-Prescott’’; 

14 (3) by inserting ‘‘the Muckleshoot Indian Res15 ervation and land held in trust for the Muckleshoot 

16 Indian Tribe,’’ after ‘‘the Cabazon Indian reserva17 tion,’’; 

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

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

20 trust for the Pueblo of Santa Clara’’; 

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

22 Allotment Numbered 10, Chelan County, Wash23 ington,’’ and inserting the following: ‘‘the lands com24 prising the Moses Allotment Numbered 8 and the 
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1 Moses Allotment Numbered 10, Chelan County, Wash2 ington’’; and 

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

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

5 Pomo Indians of the Hopland Rancheria,’’ after 

6 ‘‘Pueblo of Santa Clara,’’. 

7 (b) EFFECTIVE DATE.—The amendments made by sub8 section (a) shall apply only to any lease entered into or 

9 renewed after the date of the enactment of this Act. 

Union Calendar No. 165 

109TH CONGRESS 

1ST SESSION H. R. 3351 

[Report No. 109–298, Part 1] 

A BILL 

To make technical corrections to laws relating to 

Native Americans, and for other purposes. 

NOVEMBER 16, 2005 

Reported from the Committee on Resources with an 

amendment 

NOVEMBER 16, 2005 

Committee on Transportation and Infrastructure disprinted House on the State of the Union and ordered to be charged; committed to the Committee of the Whole