I 

109TH CONGRESS 

1ST SESSION H. R. 3351 

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 

A BILL 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Native 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 
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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. Indian Reorganization Act amendment. 

1 TITLE I—TECHNICAL AMEND2 MENTS AND OTHER PROVI3 SIONS RELATING TO NATIVE 

4 AMERICANS 

5 SEC. 101. INDIAN FINANCING ACT AMENDMENTS. 

6 (a) LOAN GUARANTIES AND INSURANCE.—Section 

7 201 of the Indian Financing Act of 1974 (25 U.S.C. 

8 1481) is amended— 

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

10 to guarantee’’ and inserting 

11 ‘‘the Secretary may— 

12 ‘‘(1) guarantee’’; 

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

14 guaranty, to insure’’ and inserting 

15 ‘‘Indians; or 

16 ‘‘(2) to insure’’; 

17 (3) by striking ‘‘SEC. 201. In order’’ and insert18 ing the following: 
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1 ‘‘SEC. 201. LOAN GUARANTIES AND INSURANCE. 

2 ‘‘(a) IN GENERAL.—In order’’; and 

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

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

5 guarantee or insure loans under subsection (a) to both for6 profit and nonprofit borrowers.’’. 

7 (b) LOAN APPROVAL.—Section 204 of the Indian Fi8 nancing Act of 1974 (25 U.S.C. 1484) is amended by 

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

10 ‘‘SEC. 204. LOAN APPROVAL.’’. 

11 (c) SALE OR ASSIGNMENT OF LOANS AND UNDER12 LYING SECURITY.—Section 205 of the Indian Financing 

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

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

15 through subsection (b) and inserting the following: 

16 ‘‘SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDER17 LYING SECURITY. 

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

19 guaranteed or insured under this title, including the secu20 rity given for the loan— 

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

22 or assignment to any person; and 

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

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

25 transfer described in subsection (a)— 
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1 ‘‘(1) the transfer shall be consistent with such 

2 regulations as the Secretary shall promulgate under 

3 subsection (h); and 

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

5 transfer to the Secretary.’’; 

6 (2) by striking subsection (c); 

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

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

9 and (h), respectively; 

10 (4) in subsection (c) (as redesignated by para11 graph (3))— 

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

13 follows through ‘‘subparagraph (B),’’ and in14 serting ‘‘VALIDITY.—Except as provided by reg15 ulations in effect on the date on which a loan 

16 is made,’’; and 

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

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

19 (5) in subsection (e) (as redesignated by para20 graph (3))— 

21 (A) by striking ‘‘The Secretary’’ and in22 serting the following: 

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

24 (B) by adding at the end the following: 
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1 ‘‘(2) COMPENSATION OF FISCAL TRANSFER

2 AGENT.—A fiscal transfer agent designated under 

3 subsection (f) may be compensated through any of 

4 the fees assessed under this section and any interest 

5 earned on any funds or fees collected by the fiscal 

6 transfer agent while the funds or fees are in the con7 trol of the fiscal transfer agent and before the time 

8 at which the fiscal transfer agent is contractually re9 quired to transfer such funds to the Secretary or to 

10 transferees or other holders.’’; and 

11 (6) in subsection (f) (as redesignated by para12 graph (3))— 

13 (A) by striking ‘‘subsection (i)’’ and insert14 ing ‘‘subsection (h)’’; and 

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

16 and issuance of acknowledgments,’’. 

17 (d) LOANS INELIGIBLE FOR GUARANTY OR INSUR18 ANCE.—Section 206 of the Indian Financing Act of 1974 

19 (25 U.S.C. 1486) is amended by striking ‘‘Internal Rev20 enue Code of 1954, as amended,’’ and inserting ‘‘Internal 

21 Revenue Code of 1986 (except loans made by certified 

22 Community Development Finance Institutions)’’. 

23 (e) AGGREGATE LOANS OR SURETY BONDS LIMITA24 TION.—Section 217(b) of the Indian Financing Act of 
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1 1974 (25 U.S.C. 1497(b)) is amended by striking 

2 ‘‘$500,000,000’’ and inserting ‘‘$1,500,000,000’’. 

3 SEC. 102. GILA RIVER INDIAN COMMUNITY BINDING ARBI4 TRATION. 

5 (a) AMENDMENTS.—Subsection (f) of the first sec6 tion of the Act of August 9, 1955 (25 U.S.C. 415(f)), is 

7 amended— 

8 (1) in the first sentence— 

9 (A) by striking ‘‘Any lease’’ and all that 

10 follows through ‘‘affecting land’’ and inserting 

11 ‘‘Any contract, including a lease, affecting 

12 land’’; and 

13 (B) in the second sentence, by striking 

14 ‘‘Such leases or contracts entered into pursuant 

15 to such Acts’’ and inserting ‘‘Such contracts’’. 

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

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

18 Law 107–159 (116 Stat. 122). 

19 SEC. 103. ALASKA NATIVE CLAIMS SETTLEMENT ACT VOT20 ING STANDARDS AMENDMENT. 

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

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

23 1629b) (as amended by subsection (b)) is amended— 
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1 (1) by inserting after ‘‘of this section’’ the fol2 lowing: ‘‘or an amendment to the articles of incorpo3 ration described in section 7(g)(1)(B)’’; and 

4 (2) by inserting ‘‘or amendment’’ after ‘‘meet5 ing relating to such resolution’’ each place it ap6 pears. 

7 (b) TECHNICAL CORRECTIONS.— 

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

9 Interior and Related Agencies Appropriations Act, 

10 2003 (Division F of Public Law 108–7; 117 Stat. 

11 278; February 20, 2003) is amended— 

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

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

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

15 Alaska Native Claims Settlement Act (43 

16 U.S.C. 1629b)’’; and 

17 (ii) in paragraph (2), by striking ‘‘by cre18 ating the following new subsection:’’ and insert19 ing ‘‘in subsection (d), by adding at the end the 

20 following:’’. 

21 (B) Section 36 of the Alaska Native Claims 

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

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

24 and 
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1 (ii) in subsection (f), by striking ‘‘section 

2 1629e of this title’’ and inserting ‘‘section 39’’. 

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

4 Interior and Related Agencies Appropriations Act, 

5 2003 (Division F of Public Law 108–7; 117 Stat. 

6 278; February 20, 2003) is amended by striking 

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

8 Code,’’ and inserting ‘‘Section 39(a)(3) of the Alas9 ka Native Claims Settlement Act (43 U.S.C. 

10 1629e(a)(3))’’. 

11 (B) Section 39(a)(3)(B)(ii) of the Alaska Na12 tive Claims Settlement Act (43 U.S.C. 

13 1629e(a)(3)(B)(ii)) is amended by striking ‘‘(a)(4) 

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

15 36(a)(4)’’. 

16 (3) The amendments made by this subsection 

17 take effect on February 20, 2003. 

18 SEC. 104. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL 

19 ASSISTANCE. 

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

21 Technical and Legal Assistance Act (25 U.S.C. 3666, 

22 3681(d)) are amended by striking ‘‘for fiscal years 2000 

23 through 2004’’ and inserting ‘‘for fiscal years 2004 

24 through 2010’’. 
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1 SEC. 105. TRIBAL JUSTICE SYSTEMS. 

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

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

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

5 SEC. 106. ANCSA AMENDMENT. 

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

7 conveyed by the Federal Government under the Alaska 

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

9 to a Native Corporation and reconveyed by that Native 

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

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

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

13 9(a) of the Alaska Native Claims Settlement Act (43 

14 U.S.C. 1608(a)), to a Native Corporation under an ex15 change or other conveyance, shall be deemed, notwith16 standing the conveyance or exchange, to have been con17 veyed pursuant to that Act. 

18 SEC. 107. MISSISSIPPI BAND OF CHOCTAW TRANSPOR19 TATION REIMBURSEMENT. 

20 The Secretary of the Interior, acting through the Bu21 reau of Indian Affairs, shall accept funds from the State 

22 of Mississippi and deposit such funds in trust account 

23 number PL7489708 at the Office of Trust Funds Man24 agement for the benefit of the Mississippi Band of Choc25 taw Indians, as set forth in the agreement executed by 

26 the Mississippi Department of Transportation on June 7, 
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1 2005, and by the Mississippi Band of Choctaw Indians 

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

3 these moneys from this trust account by resolution of the 

4 Tribal Council, pursuant to Federal law and regulations 

5 applicable to such accounts. 

6 SEC. 108. INDIAN PUEBLO LAND ACT AMENDMENTS. 

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

8 is amended by adding at the end the following: 

9 ‘‘SEC. 20. CRIMINAL JURISDICTION. 

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

11 Congress, jurisdiction over offenses committed anywhere 

12 within the exterior boundaries of any grant from a prior 

13 sovereign, as confirmed by Congress or the Court of Pri14 vate Land Claims to a Pueblo Indian tribe of New Mexico 

15 shall be provided in this section. 

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

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

18 as an Indian tribe, over any offense committed by a mem19 ber of the Pueblo or an Indian, as defined in section 201 

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

21 other Indian-owned entity. 

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

23 United Sates has jurisdiction over any offense described 

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

25 by or against an Indian as defined in section 201 of the 
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1 Act of April 11, 1968 (25 U.S. C. 1301) or any Indian2 owned entity, or that involves any Indian property or in3 terest. 

4 ‘‘(d) JURISDICTION OF THE STATE OF NEW MEX5 ICO.—The State of New Mexico shall have jurisdiction 

6 over any offense committed by a person who is not a mem7 ber of a Pueblo or an Indian tribe, as defined in section 

8 201 of the Act of April 11, 1968 (25 U.S.C. 1301) which 

9 offense is not subject to the jurisdiction of the United 

10 States.’’. 

11 TITLE II—INDIAN LAND LEASING 

12 SEC. 201. PRAIRIE ISLAND LAND CONVEYANCE. 

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

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

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

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

17 subject to the flowage and sloughing easement described 

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

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

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

21 benefit of the Prairie Island Indian Community in 

22 Minnesota; and 

23 (2) included in the Prairie Island Indian Com24 munity Reservation in Goodhue County, Minnesota. 
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1 (b) LAND DESCRIPTION.—The land to be conveyed 

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

3 land associated with the Lock and Dam #3 on the Mis4 sissippi River in Goodhue County, Minnesota, located in 

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

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

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

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

9 335A, GO–335B, GO–336 through GO–338, GO–339A, 

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

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

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

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

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

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

16 December 1936. 

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

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

19 boundaries of the land conveyed shall be surveyed as pro20 vided in section 2115 of the Revised Statutes (25 U.S.C. 

21 176). 

22 (d) EASEMENT.— 

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

24 shall retain a flowage and sloughing easement for 

25 the purpose of navigation and purposes relating to 
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1 the Lock and Dam No. 3 project over the portion of 

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

3 the elevation 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 

9 the operation and maintenance of the Mis10 sissippi 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 

18 Sturgeon Lake located within the tracts of land described 

19 in subsection (b). 

20 (f) CONDITIONS.—The conveyance under subsection 

21 (a) is subject to the conditions that the Prairie Island In22 dian 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 
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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 envi7 ronmental management planning and other recreational or 

8 natural resource development projects on the same basis 

9 as before the conveyance. 

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

11 diminishes or otherwise affects the rights granted to the 

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

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

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

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

16 August 18, 1937, and November 27, 1937, under which 

17 the Secretary of the Interior granted certain rights to the 

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

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

20 Channel Project boundary and as more particularly shown 

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

22 Corps of Engineers survey map of the Upper Mississippi 

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

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

4 amended in the second sentence: 

5 (1) by inserting ‘‘the reservation of the Confed6 erated Tribes of the Umatilla Indian Reservation,’’ 

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

8 (2) by inserting ‘‘the’’ before ‘‘Yavapai-Pres9 cott’’; 

10 (3) by inserting ‘‘the Muckleshoot Indian Res11 ervation and land held in trust for the Muckleshoot 

12 Indian Tribe,’’ after ‘‘the Cabazon Indian reserva13 tion,’’; 

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

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

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

17 (5) by striking ‘‘and the lands comprising the 

18 Moses Allotment Numbered 10, Chelan County, 

19 Washington,’’ and inserting the following: ‘‘and the 

20 lands comprising the Moses Allotment Numbered 8 

21 and the Moses Allotment Numbered 10, Chelan 

22 County, Washington’’; and 

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

24 Yurok Tribe, land held in trust for the Hopland 

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

26 after ‘‘Pueblo of Santa Clara,’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by 

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

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

4 SEC. 203. INDIAN REORGANIZATION ACT AMENDMENT. 

5 Notwithstanding section 17 of the Act of June 18, 

6 1936 (25 U.S.C. 477; commonly known as the ‘‘Indian 

7 Reorganization Act’’) the Paskenta Band of Nomlaki Indi8 ans is granted 99-year lease authority over its reservation 

9 land. 

Æ