II 

Calendar No. 100 

109TH CONGRESS 

1ST SESSION S. 536 

[Report No. 109–67] 

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

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2005 

Mr. MCCAIN (for himself and Mr. DORGAN) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

MAY 12, 2005 

Reported by Mr. MCCAIN, without amendment 

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 Omnibus Act of 2005’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—TECHNICAL AMENDMENTS TO LAWS RELATING TO 

NATIVE AMERICANS 

Subtitle A—General Provisions 

Sec. 101. Indian Financing Act amendments. 

Sec. 102. Indian tribal justice technical and legal assistance. 

Sec. 103. Tribal justice systems. 

Sec. 104. Indian Pueblo Land Act amendments. 

Sec. 105. Prairie Island land conveyance. 

Sec. 106. Binding arbitration for Gila River Indian Community reservation contracts. 

Sec. 107. Puyallup Indian Tribe land claims settlement amendments. 

Sec. 108. Definition of Native American. 

Sec. 109. Fallon Paiute Shoshone Tribes settlement. 

Sec. 110. Washoe tribe of Nevada and California land conveyance. 

Sec. 111. Indian arts and crafts. 

Sec. 112. Colorado River Indian Reservation boundary correction. 

Sec. 113. Native American Programs Act of 1974. 

Sec. 114. Research and educational activities. 

Subtitle B—Indian Education Provisions 

Sec. 121. Definition of Indian student count. 

Sec. 122. Native Nations leadership, management, and policy. 

Subtitle C—Border Preparedness 

Sec. 131. Border preparedness on Indian land. 

TITLE II—OTHER AMENDMENTS TO LAWS RELATING TO NATIVE 

AMERICANS 

Subtitle A—Indian Land Leasing 

Sec. 201. Authorization of 99-year leases. 

Sec. 202. Certification of rental proceeds. 

Subtitle B—Navajo Health Contracting 

Sec. 211. Navajo health contracting. 

Subtitle C—Probate Technical Correction 

Sec. 221. Probate reform. 
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1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Interior. 

4 TITLE I—TECHNICAL AMEND5 MENTS TO LAWS RELATING 

6 TO NATIVE AMERICANS 

7 Subtitle A—General Provisions 

8 SEC. 101. INDIAN FINANCING ACT AMENDMENTS. 

9 (a) LOAN GUARANTIES AND INSURANCE.—Section 

10 201 of the Indian Financing Act of 1974 (25 U.S.C. 

11 1481) is amended— 

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

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

14 ‘‘(1) guarantee’’; 

15 (2) by striking ‘‘members; and (b) in lieu of 

16 such guaranty, to insure’’ and inserting ‘‘members; 

17 or 

18 ‘‘(2) to insure’’; 

19 (3) by striking ‘‘SEC. 201. In order’’ and in20 serting the following: 

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

22 ‘‘(a) IN GENERAL.—In order’’; and 

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

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

25 guarantee or insure loans under subsection (a) to both for26 profit and nonprofit borrowers.’’. 
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1 (b) LOAN APPROVAL.—Section 204 of the Indian Fi2 nancing Act of 1974 (25 U.S.C. 1484) is amended by 

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

4 ‘‘SEC. 204. LOAN APPROVAL.’’. 

5 (c) SALE OR ASSIGNMENT OF LOANS AND UNDER6 LYING SECURITY.—Section 205 of the Indian Financing 

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

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

9 through subsection (b) and inserting the following: 

10 ‘‘SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDER11 LYING SECURITY. 

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

13 guaranteed or insured under this title, including the secu14 rity given for the loan— 

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

16 or assignment to any person; and 

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

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

19 transfer described in subsection (a)— 

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

21 regulations as the Secretary shall promulgate under 

22 subsection (h); and 

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

24 transfer to the Secretary.’’; 

25 (2) by striking subsection (c); 
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1 (3) by redesignating subsections (d), (e), (f), 

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

3 and (h), respectively; 

4 (4) in subsection (c) (as redesignated by para5 graph (3))— 

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

7 that follows through ‘‘subparagraph (B),’’ and 

8 inserting ‘‘VALIDITY.—Except as provided by 

9 regulations in effect on the date on which a 

10 loan is made,’’; and 

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

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

13 (5) in subsection (e) (as redesignated by para14 graph (3))— 

15 (A) by striking ‘‘The Secretary’’ and in16 serting the following: 

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

18 (B) by adding at the end the fol19 lowing: 

20 ‘‘(2) COMPENSATION OF FISCAL TRANSFER

21 AGENT.—A fiscal transfer agent designated under 

22 subsection (f) may be compensated through any of 

23 the fees assessed under this section and any interest 

24 earned on any funds or fees collected by the fiscal 

25 transfer agent while the funds or fees are in the con-
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1 trol of the fiscal transfer agent and before the time 

2 at which the fiscal transfer agent is contractually re3 quired to transfer such funds to the Secretary or to 

4 transferees or other holders.’’; and 

5 (6) in subsection (f) (as redesignated by para6 graph (3))— 

7 (A) by striking ‘‘subsection (i)’’ and insert8 ing ‘‘subsection (h)’’; and 

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

10 and issuance of acknowledgments,’’. 

11 (d) LOANS INELIGIBLE FOR GUARANTY OR INSUR12 ANCE.—Section 206 of the Indian Financing Act of 1974 

13 (25 U.S.C. 1486) is amended by inserting ‘‘(not including 

14 an eligible Native American owned or operated Commu15 nity Development Finance Institution)’’ after ‘‘Govern16 ment’’. 

17 (e) AGGREGATE LOANS OR SURETY BONDS LIMITA18 TION.—Section 217(b) of the Indian Financing Act of 

19 1974 (25 U.S.C. 1497(b)) is amended by striking 

20 ‘‘$500,000,000’’ and inserting ‘‘$1,500,000,000’’. 

21 SEC. 102. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL 

22 ASSISTANCE. 

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

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

25 3681(d)) are amended by striking ‘‘for fiscal years 2000 
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1 through 2004’’ and inserting ‘‘for fiscal years 2004 

2 through 2010’’. 

3 SEC. 103. TRIBAL JUSTICE SYSTEMS. 

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

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

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

7 SEC. 104. INDIAN PUEBLO LAND ACT AMENDMENTS. 

8 (a) IN GENERAL.—The Act of June 7, 1924 (43 Stat. 

9 636, chapter 331), is amended by adding at the end the 

10 following: 

11 ‘‘SEC. 20. CRIMINAL JURISDICTION. 

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

13 Congress, jurisdiction over offenses committed anywhere 

14 within the exterior boundaries of any grant from a prior 

15 sovereign, as confirmed by Congress or the Court of Pri16 vate Land Claims to a Pueblo Indian tribe of New Mexico, 

17 shall be as provided in this section. 

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

19 has jurisdiction, as an act of the Pueblos’ inherent power 

20 as an Indian tribe, over any offense committed by a mem21 ber of the Pueblo or of another Indian tribe, or by any 

22 other Indian-owned entity. 

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

24 United States has jurisdiction over any offense described 

25 in chapter 53 of title 18, United States Code, committed 
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1 by or against an Indian or any Indian-owned entity, or 

2 that involves any Indian property or interest. 

3 ‘‘(d) JURISDICTION OF THE STATE OF NEW MEX4 ICO.—The State of New Mexico shall have jurisdiction 

5 over any offense committed by a person who is not a mem6 ber of an Indian tribe, which offense is not subject to the 

7 jurisdiction of the United States.’’. 

8 SEC. 105. PRAIRIE ISLAND LAND CONVEYANCE. 

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

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

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

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

13 subject to the flowage and sloughing easement described 

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

15 (f), to the Secretary, to be— 

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

17 benefit of the Prairie Island Indian Community in 

18 Minnesota; and 

19 (2) included in the Prairie Island Indian Com20 munity Reservation in Goodhue County, Minnesota. 

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

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

23 land associated with the Lock and Dam #3 on the Mis24 sissippi River in Goodhue County, Minnesota, located in 

25 tracts identified as GO–251, GO–252, GO–271, GO–277, 
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1 GO–278, GO–284, GO–301 through GO–313, GO–314A, 

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

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

4 335A, GO–335B, GO–336 through GO–338, GO–339A, 

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

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

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

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

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

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

11 December 1936. 

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

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

14 boundaries of the land conveyed shall be surveyed as pro15 vided in section 2115 of the Revised Statutes (25 U.S.C. 

16 176). 

17 (d) EASEMENT.— 

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

19 shall retain a flowage and sloughing easement for 

20 the purpose of navigation and purposes relating to 

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

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

23 the elevation of 676.0. 

24 (2) INCLUSIONS.—The easement retained under 

25 paragraph (1) includes— 
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1 (A) the perpetual right to overflow, flood, 

2 and submerge property as the District Engineer 

3 determines to be necessary in connection with 

4 the operation and maintenance of the Mis5 sissippi River Navigation Project; and 

6 (B) the continuing right to clear and re7 move any brush, debris, or natural obstructions 

8 that, in the opinion of the District Engineer, 

9 may be detrimental to the project. 

10 (e) OWNERSHIP OF STURGEON LAKE BED UNAF11 FECTED.—Nothing in this section diminishes or otherwise 

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

13 Sturgeon Lake located within the tracts of land described 

14 in subsection (b). 

15 (f) CONDITIONS.—The conveyance under subsection 

16 (a) is subject to the conditions that the Prairie Island In17 dian Community shall not— 

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

19 (2) construct any structure on the land without 

20 the written approval of the District Engineer; or 

21 (3) conduct gaming (within the meaning of sec22 tion 4 of the Indian Gaming Regulatory Act (25 

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

24 (g) NO EFFECT ON ELIGIBILITY FOR CERTAIN

25 PROJECTS.—Notwithstanding the conveyance under sub-
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1 section (a), the land shall continue to be eligible for envi2 ronmental management planning and other recreational or 

3 natural resource development projects on the same basis 

4 as before the conveyance. 

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

6 diminishes or otherwise affects the rights granted to the 

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

8 November 20, 1937, from the Secretary to the Secretary 

9 of War and the letters of the Secretary of War in response 

10 to the Secretary dated August 18, 1937, and November 

11 27, 1937, under which the Secretary granted certain 

12 rights to the Corps of Engineers to overflow the portions 

13 of Tracts A, B, and C that lie within the Mississippi River 

14 9-Foot Channel Project boundary and as more particu15 larly shown and depicted on the map entitled ‘‘United 

16 States Army Corps of Engineers survey map of the Upper 

17 Mississippi River 9-Foot Project, Lock & Dam No. 3 (Red 

18 Wing), Land & Flowage Rights’’ and dated December 

19 1936. 

20 SEC. 106. BINDING ARBITRATION FOR GILA RIVER INDIAN 

21 COMMUNITY RESERVATION CONTRACTS. 

22 (a) AMENDMENTS.—Subsection (f) of the first sec23 tion of the Act of August 9, 1955 (25 U.S.C. 415(f)), is 

24 amended— 

25 (1) in the first sentence— 
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1 (A) by striking ‘‘Any lease’’ and all that 

2 follows through ‘‘affecting land’’ and inserting 

3 ‘‘Any contract, including a lease, affecting 

4 land’’; and 

5 (B) by striking ‘‘such lease or contract’’ 

6 and inserting ‘‘such contract’’; and 

7 (2) in the second sentence, by striking ‘‘such 

8 leases or contracts entered into pursuant to such 

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

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

11 subsection (a) shall take effect as if included in the Act 

12 of August 9, 1955 (69 Stat. 539, chapter 615) and Public 

13 107–159 (116 Stat. 122). 

14 SEC. 107. PUYALLUP INDIAN TRIBE LAND CLAIMS SETTLE15 MENT AMENDMENTS. 

16 (a) IN GENERAL.—The Secretary shall— 

17 (1) accept the conveyance of the parcels of land 

18 within the Puyallup Reservation described in sub19 section (b); and 

20 (2) hold the land in trust for the benefit of the 

21 Puyallup Indian Tribe. 

22 (b) LAND DESCRIPTION.—The parcels of land re23 ferred to in subsection (a) are as follows: 

24 (1) PARCEL A.—Lot B, boundary line adjust25 ment 9508150496: according to the map thereof re-
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1 corded August 15, 1995, records of Pierce County 

2 Auditor, situate in the city of Fife, county of Pierce, 

3 State of Washington. 

4 (2) PARCEL B.—Lots 3 and 4, Pierce County 

5 Short Plat No. 8908020412: according to the map 

6 thereof recorded August 2, 1989, records of Pierce 

7 County Auditor, together with portion of SR 5 abut8 ting lot 4, conveyed by deed recorded under record9 ing number 9309070433, described as follows: 

10 That portion of Government lot 1, sec. 07, T. 

11 20 N., R. 4 E., of the Willamette Meridian, de12 scribed as commencing at Highway Engineer’s Sta13 tion (hereinafter referred to as HES) AL 26 6+38.0 

14 P.O.T. on the AL26 line survey of SR 5, Tacoma 

15 to King County line: Thence S88°54′30′′ E., along 

16 the north line of said lot 1 a distance of 95 feet to 

17 the true point of beginning: Thence S01°05′30′′ 

18 W87.4′ feet: Thence westerly to a point opposite 

19 HES AL26 5+50.6 P.O.T. on said AL26 line sur20 vey and 75 feet easterly therefrom; Thence north21 westerly to a point opposite AL26 5+80.6 on said 

22 AL26 line survey and 55 feet easterly therefrom: 

23 Thence northerly parallel with said line survey to the 

24 north line of said lot 1: Thence N88°54′30′′ E., to 

25 the true point of beginning. 
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1 Except that portion of lot 4 conveyed to the 

2 State of Washington by deed recorded under record3 ing number 9308100165 and more particularly de4 scribed as follows: 

5 Commencing at the northeast corner of said lot 

6 4: Thence N89°53′30′′ W., along the north line of 

7 said lot 4 a distance of 147.44 feet to the true point 

8 of beginning and a point of curvature; thence south9 westerly along a curve to the left, the center of 

10 which bears S0°06′30′′ W., 55.00 feet distance, 

11 through a central angle of 89°01′00′′, an arc dis12 tance of 85.45 feet; Thence S01°05′30′′ W., 59.43 

13 feet; Thence N88°54′30′′ W., 20.00 feet to a point 

14 on the westerly line of said lot 4; Thence N0°57′10′′ 

15 E., along said westerly line 113.15 feet to the north16 west corner of said lot 4; Thence S89°53′30′′ east 

17 along said north line, a distance of 74.34 feet to the 

18 true point of beginning. 

19 Chicago Title Insurance Company Order No. 

20 4293514 Lot A boundary line adjustment recorded 

21 under Recording No. 9508150496. According to the 

22 map thereof recorded August 15, 1995, records of 

23 Pierce County Auditor. 

24 Situate in the city of Fife, county of Pierce, 

25 State of Washington. 
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1 (3) ADDITIONAL LOTS.—Any lots acquired by 

2 the Tribe located in block 7846, 7850, 7945, 7946, 

3 7949, 7950, 8045, or 8049 in the Indian Addition 

4 to the city of Tacoma, State of Washington. 

5 SEC. 108. DEFINITION OF NATIVE AMERICAN. 

6 Section 2(9) of the Native American Graves Protec7 tion and Repatriation Act (25 U.S.C. 3001(9)) is amend8 ed— 

9 (1) by inserting ‘‘or was’’ after ‘‘is’’; and 

10 (2) by inserting after ‘‘indigenous to’’ the fol11 lowing: ‘‘any geographic area that is now located 

12 within the boundaries of’’. 

13 SEC. 109. FALLON PAIUTE SHOSHONE TRIBES SETTLE14 MENT. 

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

16 Paiute Shoshone Indian Tribes Water Rights Settlement 

17 Act of 1990 (104 Stat. 3289) is amended— 

18 (1) in subsection (C)— 

19 (A) in paragraph (1)— 

20 (i) by striking ‘‘The income of the 

21 Fund may be obligated and expended only 

22 for the following purposes:’’ and inserting 

23 the following: ‘‘Notwithstanding any con24 flicting provision in the original Fund plan 

25 during Fund fiscal year 2004 and during 
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1 each subsequent Fund fiscal year, 6 per2 cent of the average quarterly market value 

3 of the Fund during the immediately pre4 ceding 3 Fund fiscal years (referred to in 

5 this title as the ‘Annual 6 percent 

6 Amount’), plus any unexpended and unob7 ligated portion of the Annual 6 percent 

8 Amount from any of the 3 immediately 

9 preceding Fund fiscal years that are subse10 quent to Fund fiscal year 2003, less any 

11 negative income that may accrue on that 

12 portion, may be expended or obligated only 

13 for the following purposes:’’; and 

14 (ii) by adding at the end the fol15 lowing: 

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

17 with the investment of the Fund, for investment 

18 management, investment consulting, custodianship, 

19 and other transactional services or matters.’’; and 

20 (B) by striking paragraph (4) and inserting the 

21 following: 

22 ‘‘(4) No monies from the Fund other than the 

23 amounts authorized under paragraphs (1) and (3) may be 

24 expended or obligated for any purpose. 
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1 ‘‘(5) Notwithstanding any conflicting provision in the 

2 original Fund plan, during Fund fiscal year 2004 and dur3 ing each subsequent Fund fiscal year, not more than 20 

4 percent of the Annual 6 percent Amount for the Fund fis5 cal year (referred to in this title as the ‘Annual 1.2 percent 

6 Amount’) may be expended or obligated under paragraph 

7 (1)(c) for per capita distributions to tribal members, ex8 cept that during each Fund fiscal year subsequent to 

9 Fund fiscal year 2004, any unexpended and unobligated 

10 portion of the Annual 1.2 percent Amount from any of 

11 the 3 immediately preceding Fund fiscal years that are 

12 subsequent to Fund fiscal year 2003, less any negative 

13 income that may accrue on that portion, may also be ex14 pended or obligated for such per capita payments.’’; and 

15 (2) in subsection (D), by adding at the end the fol16 lowing: ‘‘Notwithstanding any conflicting provision in the 

17 original Fund plan, the Fallon Business Council, in con18 sultation with the Secretary, shall promptly amend the 

19 original Fund plan for purposes of conforming the Fund 

20 plan to this title and making nonsubstantive updates, im21 provements, or corrections to the original Fund plan.’’. 

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

23 Shoshone Indian Tribes Water Rights Settlement Act of 

24 1990 (104 Stat. 3293) is amended— 
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1 (1) by redesignating subsections (D), (E), (F), 

2 and (G) as subsections (F), (G), (H), and (I), re3 spectively; and 

4 (2) by striking subsections (B) and (C) and in5 serting the following: 

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

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

8 ‘‘(C) the term ‘Fund plan’ means the plan es9 tablished under section 102(F), including the origi10 nal Fund plan (the ‘Plan for Investment, Manage11 ment, Administration and Expenditure dated De12 cember 20, 1991’) and all amendments of the Fund 

13 plan under subsection (D) or (F)(1) of section 102; 

14 ‘‘(D) the term ‘income’ means the total net re15 turn from the investment of the Fund, consisting of 

16 all interest, dividends, realized and unrealized gains 

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

18 and expenses incurred for investment management, 

19 investment consulting, custodianship and trans20 actional services or matters; 

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

22 amount appropriated to the Fallon Paiute Shoshone 

23 Tribal Settlement Fund under section 102(B);’’. 
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1 SEC. 110. WASHOE TRIBE OF NEVADA AND CALIFORNIA 

2 LAND CONVEYANCE. 

3 Section 2 of Public Law 108–67 (117 Stat. 880) is 

4 amended by striking ‘‘the parcel’’ and all that follows and 

5 inserting ‘‘a portion of Lots 3 and 4, as shown on the 

6 United States and Encumbrance Map revised January 10, 

7 1991, for the Toiyabe National Forest, Ranger District 

Carson ¥1, located in the S 1⁄2 of NW 1⁄4 and N 1 8 ⁄2 of 

SW 1⁄4 of the SE 1 9 ⁄4 of sec. 27, T. 15N, R. 18E, Mt. 

10 Diablo Base and Meridian, comprising 24.3 acres.’’. 

11 SEC. 111. INDIAN ARTS AND CRAFTS. 

12 (a) CRIMINAL PROCEEDINGS; CIVIL ACTIONS; MIS13 REPRESENTATIONS.—Section 5 of the Indian Arts and 

14 Crafts Act of 1990 (25 U.S.C. 305d) is amended to read 

15 as follows: 

16 ‘‘SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS. 

17 ‘‘(a) DEFINITION OF FEDERAL LAW ENFORCEMENT

18 OFFICER.—In this section, the term ‘Federal law enforce19 ment officer’ has the meaning given the term in section 

20 115(c) of title 18, United States Code. 

21 ‘‘(b) CRIMINAL PROCEEDINGS.— 

22 ‘‘(1) REFERRAL.—On receiving a complaint of 

23 a violation of section 1159 of title 18, United States 

24 Code, the Board may refer the complaint to any 

25 Federal law enforcement officer for appropriate in26 vestigation. 
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1 ‘‘(2) FINDINGS.—The findings of an investiga2 tion under paragraph (1) shall be submitted to— 

3 ‘‘(A) the Attorney General; and 

4 ‘‘(B) the Board. 

5 ‘‘(3) RECOMMENDATIONS.—On receiving the 

6 findings of an investigation in accordance with para7 graph (2), the Board may— 

8 ‘‘(A) recommend to the Attorney General 

9 that criminal proceedings be initiated under 

10 section 1159 of that title; and 

11 ‘‘(B) provide such support to the Attorney 

12 General relating to the criminal proceedings as 

13 the Attorney General determines appropriate. 

14 ‘‘(c) CIVIL ACTIONS.—In lieu of, or in addition to, 

15 any criminal proceeding under subsection (a), the Board 

16 may recommend that the Attorney General initiate a civil 

17 action pursuant to section 6.’’. 

18 (b) Section 6 of the Indian Arts and Crafts Act of 

19 1990 (25 U.S.C. 305e) is amended— 

20 (1) by striking subsection (d); 

21 (2) by redesignating subsections (a) through (c) 

22 as subsections (b) through (d), respectively; 

23 (3) by inserting before subsection (b) (as redes24 ignated by paragraph (2)) the following: 

25 ‘‘(a) DEFINITIONS.—In this section: 
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1 ‘‘(1) INDIAN.—The term ‘Indian’ means an in2 dividual that— 

3 ‘‘(A) is a member of an Indian tribe; or 

4 ‘‘(B) is certified as an Indian artisan by an 

5 Indian tribe. 

6 ‘‘(2) INDIAN PRODUCT.—The term ‘Indian 

7 product’ has the meaning given the term in any reg8 ulation promulgated by the Secretary. 

9 ‘‘(3) INDIAN TRIBE.— 

10 ‘‘(A) IN GENERAL.—The term ‘Indian 

11 tribe’ has the meaning given the term in section 

12 4 of the Indian Self-Determination and Edu13 cation Assistance Act (25 U.S.C. 450b). 

14 ‘‘(B) INCLUSION.—The term ‘Indian tribe’ 

15 includes an Indian group that has been formally 

16 recognized as an Indian tribe by— 

17 ‘‘(i) a State legislature; 

18 ‘‘(ii) a State commission; or 

19 ‘‘(iii) another similar organization 

20 vested with State legislative tribal recogni21 tion authority. 

22 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

23 the Secretary of the Interior.’’; 

24 (4) in subsection (c) (as redesignated by para25 graph (2))— 
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1 (A) by striking ‘‘of this section’’; and 

2 (B) by striking ‘‘suit’’ and inserting ‘‘the 

3 civil action’’; 

4 (5) by striking subsection (d) (as redesignated 

5 by paragraph (2)) and inserting the following: 

6 ‘‘(d) PERSONS THAT MAY INITIATE CIVIL AC7 TIONS.— 

8 ‘‘(1) IN GENERAL.—A civil action under sub9 section (b) may be initiated by— 

10 ‘‘(A) the Attorney General, at the request 

11 of the Secretary acting on behalf of— 

12 ‘‘(i) an Indian tribe; 

13 ‘‘(ii) an Indian; or 

14 ‘‘(iii) an Indian arts and crafts orga15 nization; 

16 ‘‘(B) an Indian tribe, acting on behalf of— 

17 ‘‘(i) the tribe; 

18 ‘‘(ii) a member of that tribe; or 

19 ‘‘(iii) an Indian arts and crafts orga20 nization; 

21 ‘‘(C) an Indian; or 

22 ‘‘(D) an Indian arts and crafts organiza23 tion. 

24 ‘‘(2) DISPOSITION OF AMOUNTS RECOVERED.— 
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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), an amount recovered in a 

3 civil action under this section shall be paid to 

4 the Indian tribe, the Indian, or the Indian arts 

5 and crafts organization on the behalf of which 

6 the civil action was initiated. 

7 ‘‘(B) EXCEPTIONS.— 

8 ‘‘(i) ATTORNEY GENERAL.—In the 

9 case of a civil action initiated under para10 graph (1)(A), the Attorney General may 

11 deduct from the amount— 

12 ‘‘(I) the amount of the cost of 

13 the civil action and reasonable attor14 ney’s fees awarded under subsection 

15 (c), to be deposited in the Treasury 

16 and credited to appropriations avail17 able to the Attorney General on the 

18 date on which the amount is recov19 ered; and 

20 ‘‘(II) the amount of the costs of 

21 investigation awarded under sub22 section (c), to reimburse the Board 

23 for the activities of the Board relating 

24 to the civil action. 
24 

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1 ‘‘(ii) INDIAN TRIBE.—In the case of a 

2 civil action initiated under paragraph 

3 (1)(B), the Indian tribe may deduct from 

4 the amount— 

5 ‘‘(I) the amount of the cost of 

6 the civil action; and 

7 ‘‘(II) reasonable attorney’s fees.’’; 

8 (6) in subsection (e), by striking ‘‘(e) In the 

9 event that’’ and inserting the following: 

10 ‘‘(e) SAVINGS PROVISION.—If’’; and 

11 (7) by striking subsection (f) and inserting the 

12 following: 

13 ‘‘(f) REGULATIONS.—Not later than 180 days after 

14 the date of enactment of the Native American Omnibus 

15 Act of 2005, the Board shall promulgate regulations to 

16 include in the definition of the term ‘Indian product’ ex17 amples of each Indian product to provide guidance and 

18 notice to Indian artisans, suppliers of the artisans, and 

19 consumers of Indian arts and crafts.’’. 

20 (c) CONFORMING AMENDMENT.—Section 1159(c) of 

21 title 18, United States Code, is amended by striking para22 graph (3) and inserting the following: 

23 ‘‘(3) the term ‘Indian tribe’— 

24 ‘‘(A) has the meaning given the term in 

25 section 4 of the Indian Self-Determination and 
25 

•S 536 RS

1 Education Assistance Act (25 U.S.C. 450b); 

2 and 

3 ‘‘(B) includes an Indian group that has 

4 been formally recognized as an Indian tribe 

5 by— 

6 ‘‘(i) a State legislature; 

7 ‘‘(ii) a State commission; or 

8 ‘‘(iii) another similar organization 

9 vested with State legislative tribal recogni10 tion authority; and’’. 

11 SEC. 112. COLORADO RIVER INDIAN RESERVATION BOUND12 ARY CORRECTION. 

13 (a) FINDINGS.—Congress finds that— 

14 (1) the Act of March 3, 1865, created the Colo15 rado River Indian Reservation along the Colorado 

16 River in Arizona and California for the ‘‘Indians of 

17 said river and its tributaries’’; 

18 (2) in 1873 and 1874, President Grant issued 

19 Executive orders to expand the Reservation south20 ward and to secure the southern boundary of the 

21 Reservation at a clearly recognizable geographic lo22 cation in order to forestall encroachment by non-In23 dians and conflicts with the Indians of the Reserva24 tion; 
26 

•S 536 RS

1 (3) in 1875, Chandler Robbins conducted the 

2 Robbins Survey, delineating the new southern 

3 boundary of the Reservation, which included the La 

4 Paz land as part of the Reservation; 

5 (4) on May 15, 1876, President Grant issued 

6 an Executive order establishing the boundaries of 

7 the Reservation as the boundaries delineated by the 

8 Robbins Survey; 

9 (5) in 1907, as a result of increasingly frequent 

10 trespasses by miners and cattle and at the request 

11 of the Bureau of Indian Affairs, the General Land 

12 Office provided for a resurvey of the southern and 

13 southeastern areas of the Reservation; 

14 (6) in 1914, the General Land Office accepted 

15 and approved the Harrington Survey, which con16 firmed the boundaries that were delineated by the 

17 Robbins Survey and established by Executive order 

18 in 1876; 

19 (7) on November 19, 1915, the Secretary of the 

20 Interior reversed the decision of the General Land 

21 Office to accept the Harrington Survey, and, on the 

22 recommendation of the Secretary on November 22, 

23 1915, President Wilson issued Executive Order 2273 

24 to correct the error in location of the southern 
27 

•S 536 RS

1 boundary line of the Reservation, effectively exclud2 ing the La Paz land from the Reservation; 

3 (8) historical evidence compiled by the Depart4 ment of the Interior supports the conclusion that— 

5 (A) the recommendation of the Secretary 

6 in 1915 that the President issue an Executive 

7 order to correct an error in locating the south8 ern boundary was in error; and 

9 (B) the La Paz land should not have been 

10 excluded from the Reservation; and 

11 (9) the La Paz land continues to hold cultural 

12 and historical significance, as well as economic devel13 opment potential, for the Tribe, which has consist14 ently sought to have the La Paz land restored to the 

15 Reservation. 

16 (b) PURPOSES.—The purposes of this section are— 

17 (1) to correct the south boundary of the Res18 ervation by reestablishing the boundary as the 

19 boundary was delineated by the Robbins Survey and 

20 affirmed by the Harrington Survey; 

21 (2) to restore the La Paz land to the Reserva22 tion, subject to Federal law; 

23 (3) to provide for continued public access to the 

24 La Paz land for recreational purposes; and 
28 

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1 (4) to require the Secretary to ensure that the 

2 Reservation boundary, as corrected by this section, 

3 is resurveyed and marked in accordance with the 

4 public system of surveys extended over the land. 

5 (c) DEFINITIONS.—In this section: 

6 (1) HARRINGTON SURVEY.—The term ‘‘Har7 rington Survey’’ means the survey of the Reserva8 tion conducted by Guy Harrington in 1912. 

9 (2) LA PAZ LAND.—The term ‘‘La Paz land’’ 

10 means the approximately 16,000 acres attributed to 

11 the Reservation by the Robbins Survey. 

12 (3) MAP.—The term ‘‘Map’’ means the map 

13 prepared by the Secretary, acting through the Bu14 reau of Land Management, entitled ‘‘Colorado River 

15 Indian Reservation Boundary Correction’’ and dated 

16 January 4, 2005. 

17 (4) RESERVATION.—The term ‘‘Reservation’’ 

18 means the Colorado River Indian Reservation. 

19 (5) ROBBINS SURVEY.—The term ‘‘Robbins 

20 Survey’’ means the survey of the Reservation con21 ducted by Chandler Robbins in 1875. 

22 (6) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior. 

24 (7) TRIBE.—The term ‘‘Tribe’’ includes any 

25 tribe a member of which resides on the Reservation. 
29 

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1 (d) BOUNDARY CORRECTION.— 

2 (1) IN GENERAL.—The boundaries of the Res3 ervation shall include the boundaries that were delin4 eated by the Robbins Survey, affirmed by the Har5 rington Survey, including the approximately 15,375 

6 acres of Federal land described as ‘‘Land Identified 

7 for Transfer to Colorado River Indian Tribes’’ on 

8 the Map. 

9 (2) REVIEW.—The Map shall be available for 

10 review at the Bureau of Land Management. 

11 (3) RESURVEY AND MARKING.—The Secretary 

12 shall ensure that the boundary described in para13 graph (1) is surveyed and clearly marked in accord14 ance with the public system of surveys extended over 

15 the land. 

16 (e) RESTORATION OF RIGHTS, TITLE, AND INTER17 EST.— 

18 (1) IN GENERAL.—Subject to paragraph (2) 

19 and other provisions of Federal law, all right, title, 

20 and interest of the United States to the land in the 

21 boundaries described in subsection (d)(1) that were 

22 excluded from the Reservation pursuant to Executive 

23 Order 2273 (relating to the southern boundary line 

24 of the Reservation)— 

25 (A) are restored to the Reservation; and 
30 

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1 (B) shall be held in trust by the United 

2 States on behalf of the Tribe. 

3 (2) EXCLUSIONS.— 

4 (A) STATE LAND.—The 2 parcels of land 

5 belonging to the State of Arizona (totaling 320 

6 acres and 520 acres, respectively) that are iden7 tified on the Map as ‘‘State Land’’ shall be ex8 cluded from the land described in paragraph 

9 (1). 

10 (B) WATER RIGHTS.—The land described 

11 in subsection (d)(1) shall not include any Fed12 eral reserve water right to surface water or 

13 ground water from any source. 

14 (C) PUBLIC ACCESS.—The public shall 

15 have continued access to the land described in 

16 subsection (d)(1) for hunting and other rec17 reational purposes in existence on the date of 

18 enactment of this Act, in accordance with any 

19 rule or regulation promulgated by the Tribe. 

20 (D) ECONOMIC ACTIVITY.— 

21 (i) IN GENERAL.—The land described 

22 in subsection (d)(1) shall be subject to any 

23 right-of-way, easement, lease, or mining 

24 claim in existence on the date of enactment 

25 of this Act. 
31 

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1 (ii) RECLAMATION PROJECTS.—The 

2 United States reserves the right to con3 tinue any reclamation project relating to 

4 the land described in subsection (d)(1) in 

5 existence on the date of enactment of this 

6 Act, including the right to access and re7 move mineral materials for maintenance of 

8 the Colorado River. 

9 (iii) ADDITIONAL RIGHTS-OF-WAY.— 

10 Notwithstanding any other provision of 

11 law, the Secretary, in consultation with the 

12 Tribe, shall grant any additional right-of13 way (including an expansion or renewal of 

14 an existing right-of-way) for a road, utility, 

15 or another accommodation to an adjoining 

16 landowner or holder of a right-of-way (or 

17 their successors and assigns) if the Sec18 retary determines that— 

19 (I) the proposed right-of-way is 

20 necessary to the applicant; 

21 (II) the acquisition of the pro22 posed right-of-way will not cause sig23 nificant harm to the Tribe; and 

24 (III) the proposed right-of-way— 
32 

•S 536 RS

1 (aa) complies with part 169 

2 of title 25, Code of Federal Reg3 ulations; and 

4 (bb) is consistent with this 

5 subsection and other generally 

6 applicable Federal laws unrelated 

7 to the acquisition of interests on 

8 trust land. 

9 (iv) EXCEPTION FOR ROADS AND

10 UTILITIES.—Section 169.3 of title 25, 

11 Code of Federal Regulations, shall not 

12 apply to the expansion or renewal of a 

13 right-of-way in existence on the date of en14 actment of this Act for a road or utility. 

15 (v) FEES.—If the holder of a lease, 

16 easement, or right-of-way substantially 

17 complies with all terms of the lease, ease18 ment, or right-of-way, the fees charged for 

19 the renewal of the lease, easement, or 

20 right-of-way under this section shall be not 

21 greater than the applicable Federal rate 

22 for such a lease, easement, or right-of-way 

23 at the time of the renewal. 

24 (f) GAMING.—Land taken into trust under this sec25 tion shall not— 
33 

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1 (1) be considered to have been taken into trust 

2 for gaming; or 

3 (2) be used for gaming (as that term is used in 

4 the Indian Gaming Regulatory Act (25 U.S.C. 2701 

5 et seq.)). 

6 SEC. 113. NATIVE AMERICAN PROGRAMS ACT OF 1974. 

7 (a) INTRA-DEPARTMENTAL COUNCIL ON NATIVE

8 AMERICAN AFFAIRS.—Section 803B(d)(1) of the Native 

9 American Programs Act of 1974 (42 U.S.C. 2991b– 

10 2(d)(1)) is amended by striking ‘‘There’’ and all that fol11 lows and inserting the following: ‘‘There is established in 

12 the Office of the Secretary the Intra-Departmental Coun13 cil on Native American Affairs. The Commissioner and the 

14 Director of the Indian Health Service shall serve as co15 chairpersons of the Council. The co-chairpersons shall ad16 vise the Secretary on all matters affecting Native Ameri17 cans that involve the Department.’’. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 816 of the Native American Programs Act of 1974 (42 

20 U.S.C. 2992d) is amended— 

21 (1) by striking subsections (a) through (c) and 

22 inserting the following: 

23 ‘‘(a) IN GENERAL.—There are authorized to be ap24 propriated— 
34 

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1 ‘‘(1) to carry out section 803(d), $8,000,000 

2 for each of fiscal years 2006 through 2010; and 

3 ‘‘(2) to carry out provisions of this title other 

4 than section 803(d) and any other provision having 

5 an express authorization of appropriations, such 

6 sums as are necessary for each of fiscal years 2006 

7 through 2010. 

8 ‘‘(b) LIMITATION.—Not less than 90 percent of the 

9 funds made available to carry out this title for a fiscal 

10 year (other than funds made available to carry out sec11 tions 803(d), 803A, 803C, and 804, and any other provi12 sion of this title having an express authorization of appro13 priations) shall be expended to carry out section 803(a).’’; 

14 (2) by redesignating subsection (d) as sub15 section (c); and 

16 (3) by striking subsection (e). 

17 (c) REPORTS.—Section 811A of the Native American 

18 Programs Act of 1974 (42 U.S.C. 2992–1) is amended— 

19 (1) by striking the section heading and all that 

20 follows through ‘‘each year,’’ and inserting the fol21 lowing: 

22 ‘‘SEC. 811A. REPORTS. 

23 ‘‘Every 5 years, the Secretary shall’’; and 

24 (2) by striking ‘‘an annual report’’ and insert25 ing ‘‘a report’’. 
35 

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1 SEC. 114. RESEARCH AND EDUCATIONAL ACTIVITIES. 

2 Section 7205(a)(3) of the Native Hawaiian Edu3 cation Act (20 U.S.C. 7515(a)(3)) is amended— 

4 (1) by redesignating subparagraphs (K) and 

5 (L) as subparagraphs (L) and (M), respectively; and 

6 (2) by inserting after subparagraph (J) the fol7 lowing: 

8 ‘‘(K) research and educational activities re9 lating to Native Hawaiian law;’’. 

10 Subtitle B—Indian Education 

11 Provisions 

12 SEC. 121. DEFINITION OF INDIAN STUDENT COUNT. 

13 Section 117(h) of the Carl D. Perkins Vocational and 

14 Technical Education Act of 1998 (20 U.S.C. 2327(h)) is 

15 amended by striking paragraph (2) and inserting the fol16 lowing: 

17 ‘‘(2) INDIAN STUDENT COUNT.— 

18 ‘‘(A) IN GENERAL.—The term ‘Indian stu19 dent count’ means a number equal to the total 

20 number of Indian students enrolled in each trib21 ally-controlled postsecondary vocational and 

22 technical institution, as determined in accord23 ance with subparagraph (B). 

24 ‘‘(B) DETERMINATION.— 

25 ‘‘(i) ENROLLMENT.—For each aca26 demic year, the Indian student count shall 
36 

•S 536 RS

1 be determined on the basis of the enroll2 ments of Indian students as in effect at 

3 the conclusion of— 

4 ‘‘(I) in the case of the fall term, 

5 the third week of the fall term; and 

6 ‘‘(II) in the case of the spring 

7 term, the third week of the spring 

8 term. 

9 ‘‘(ii) CALCULATION.—For each aca10 demic year, the Indian student count for a 

11 tribally-controlled postsecondary vocational 

12 and technical institution shall be the 

13 quotient obtained by dividing— 

14 ‘‘(I) the sum of the credit-hours 

15 of all Indian students enrolled in the 

16 tribally-controlled postsecondary voca17 tional and technical institution (as de18 termined under clause (i)); divided by 

19 ‘‘(II) 12. 

20 ‘‘(iii) SUMMER TERM.—Any credit 

21 earned in a class offered during a summer 

22 term shall be counted in the determination 

23 of the Indian student count for the suc24 ceeding fall term. 
37 

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1 ‘‘(iv) STUDENTS WITHOUT SEC2 ONDARY SCHOOL DEGREES.— 

3 ‘‘(I) IN GENERAL.—A credit 

4 earned at a tribally-controlled postsec5 ondary vocational and technical insti6 tution by any Indian student that has 

7 not obtained a secondary school de8 gree (or the recognized equivalent of 

9 such a degree) shall be counted to10 ward the determination of the Indian 

11 student count if the institution at 

12 which the student is enrolled has es13 tablished criteria for the admission of 

14 the student on the basis of the ability 

15 of the student to benefit from the 

16 education or training of the institu17 tion. 

18 ‘‘(II) PRESUMPTION.—The insti19 tution shall be presumed to have es20 tablished the criteria described in sub21 clause (I) if the admission procedures 

22 for the institution include counseling 

23 or testing that measures the aptitude 

24 of a student to successfully complete a 
38 

•S 536 RS

1 course in which the student is en2 rolled. 

3 ‘‘(III) CREDITS TOWARD SEC4 ONDARY SCHOOL DEGREE.—No credit 

5 earned by an Indian student for the 

6 purpose of obtaining a secondary 

7 school degree (or the recognized 

8 equivalent of such a degree) shall be 

9 counted toward the determination of 

10 the Indian student count under this 

11 clause. 

12 ‘‘(v) CONTINUING EDUCATION PRO13 GRAMS.—Any credit earned by an Indian 

14 student in a continuing education program 

15 of a tribally-controlled postsecondary voca16 tional and technical institution shall be in17 cluded in the determination of the sum of 

18 all credit hours of the student if the credit 

19 is converted to a credit-hour basis in ac20 cordance with the system of the institution 

21 for providing credit for participation in the 

22 program.’’. 

23 SEC. 122. NATIVE NATIONS LEADERSHIP, MANAGEMENT, 

24 AND POLICY. 

25 (a) FINDINGS.—Congress finds that— 
39 

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1 (1) the policy of the United States favors self2 determination for Indian tribes; 

3 (2) consistent with the policy described in para4 graph (1), Indian tribes are increasingly taking con5 trol of the affairs of the tribes in order to realize in 

6 practice most of the status afforded the tribes in 

7 treaties, court decisions, and legislation; 

8 (3) as a result of the increasing control of the 

9 tribes, tribes require enhanced leadership prepara10 tion and greater access to information relating to re11 search and analysis of successful models for tribal 

12 government and business operations, similar to the 

13 information regularly available to Federal, State, 

14 and local government agencies; 

15 (4) enabling Indian tribes to develop strong 

16 leadership and governing policy is consistent with 

17 Federal policy supporting tribal self-determination 

18 and increases the likelihood that tribal governments 

19 will achieve political and economic self-determina20 tion; and 

21 (5) during the last 5 years, the Morris K. Udall 

22 Scholarship and Excellence in National Environ23 mental Policy Foundation, in cooperation with the 

24 Native Nations Institute at the University of Ari25 zona, pursuant to section 6(7) of the Morris K. 
40 

•S 536 RS

1 Udall Scholarship and Excellence in National Envi2 ronmental and Native American Public Policy Act of 

3 1992 (20 U.S.C. 5604(7)), has provided to Indian 

4 tribes the leadership and management training, pol5 icy analysis, and research of the quality and type re6 quired to assist Indian tribes to achieve self-deter7 mination. 

8 (b) DEFINITIONS.—Section 4 of the Morris K. Udall 

9 Scholarship and Excellence in National Environmental 

10 and Native American Public Policy Act of 1992 (20 

11 U.S.C. 5602) is amended— 

12 (1) by redesignating paragraphs (6) through 

13 (9) as paragraphs (7) through (10), respectively; 

14 and 

15 (2) by inserting after paragraph (5) the fol16 lowing: 

17 ‘‘(6) the terms ‘Indian tribe’ and ‘tribe’ have 

18 the meaning given the term ‘Indian tribe’ in section 

19 4 of the Indian Self-Determination and Education 

20 Assistance Act (25 U.S.C. 450b);’’. 

21 (c) AUTHORITY OF FOUNDATION.—Section 7(a)(1) 

22 of the Morris K. Udall Scholarship and Excellence in Na23 tional Environmental and Native American Public Policy 

24 Act of 1992 (20 U.S.C. 5605(a)(1)) is amended by strik25 ing subparagraph (C) and inserting the following: 
41 

•S 536 RS

1 ‘‘(C) FIELDS OF STUDY.— 

2 ‘‘(i) IN GENERAL.—The Foundation may 

3 award scholarships, fellowships, internships, 

4 and grants to eligible individuals in accordance 

5 with this Act for study in fields relating to the 

6 environment and Native American and Alaska 

7 Native health care and tribal public policy. 

8 ‘‘(ii) MINIMUM CRITERIA.—A scholarship, 

9 fellowship, internship, or grant awarded under 

10 this section shall be awarded to an eligible indi11 vidual that meets the minimum criteria estab12 lished by the Foundation. 

13 ‘‘(iii) STATE-RECOGNIZED TRIBES, BANDS, 

14 NATIONS, AND GROUPS.—Notwithstanding the 

15 definition of ‘Indian tribe’ under section 4, the 

16 Foundation may make an award under this sec17 tion to an individual that is a member of a Na18 tive American tribe, band, nation, or other or19 ganized group or community that is recognized 

20 by a State.’’. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 13 of the Morris K. Udall Scholarship and Excellence in 

23 National Environmental and Native American Public Pol24 icy Act of 1992 (20 U.S.C. 5609) is amended by striking 

25 subsection (c) and inserting the following: 
42 

•S 536 RS

1 ‘‘(c) TRAINING IN TRIBAL LEADERSHIP, MANAGE2 MENT, AND POLICY.— 

3 ‘‘(1) IN GENERAL.—There is authorized to be 

4 appropriated to carry out section 6(7)— 

5 ‘‘(A) $2,500,000 for each of fiscal years 

6 2007 and 2008; 

7 ‘‘(B) $4,000,000 for each of fiscal years 

8 2009 and 2010; and 

9 ‘‘(C) $13,500,000 for each of fiscal years 

10 2011 through 2016. 

11 ‘‘(2) LIMITATIONS.—An appropriation made 

12 pursuant to this subsection shall not be subject to 

13 section 7(c).’’. 

14 Subtitle C—Border Preparedness 

15 SEC. 131. BORDER PREPAREDNESS ON INDIAN LAND. 

16 Subtitle D of title IV of the Homeland Security Act 

17 of 2002 (6 U.S.C. 251 et seq.) is amended by adding at 

18 the end the following: 

19 ‘‘SEC. 447. BORDER PREPAREDNESS PILOT PROGRAM ON 

20 INDIAN LAND. 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) INDIAN LAND.—The term ‘Indian land’ 

23 means— 

24 ‘‘(A) all land within the boundaries of any 

25 Indian reservation; and 
43 

•S 536 RS

1 ‘‘(B) any land the title to which is— 

2 ‘‘(i) held in trust by the United States 

3 for the benefit of an Indian tribe or indi4 vidual; or 

5 ‘‘(ii) held by any Indian tribe or indi6 vidual— 

7 ‘‘(I) subject to a restriction by 

8 the United States against alienation; 

9 and 

10 ‘‘(II) over which an Indian tribe 

11 exercises governmental authority. 

12 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 

13 means any Indian tribe, band, nation, or other orga14 nized group or community that is recognized by the 

15 Secretary as— 

16 ‘‘(A) eligible for the special programs and 

17 services provided by the United States to Indi18 ans because of their status as Indians; and 

19 ‘‘(B) possessing powers of self-government. 

20 ‘‘(3) TRIBAL GOVERNMENT.—The term ‘tribal 

21 government’ means the governing body of an Indian 

22 tribe. 

23 ‘‘(b) PURPOSE.—The purpose of this section is to re24 quire the Secretary, acting through the Under Secretary 

25 for Border and Transportation Security, to establish a 
44 

•S 536 RS

1 pilot program for tribal governments on Indian land lo2 cated on or near the border of the United States with Can3 ada or Mexico in order to— 

4 ‘‘(1) facilitate the coordination of the response 

5 of an Indian tribe to a threat to the security of an 

6 international border of the United States with the 

7 responses of Federal, State, and local governments; 

8 ‘‘(2) enhance the capability of an Indian tribe 

9 as a first responder to an illegal crossing of an im10 migrant over an international border of the United 

11 States; and 

12 ‘‘(3) provide assistance to Indian tribes in the 

13 use by the tribes of effective aerial and ground sur14 veillance technologies, integrated communication sys15 tems and equipment, and personnel training. 

16 ‘‘(c) PILOT PROGRAM.— 

17 ‘‘(1) IN GENERAL.—Not later than 180 days 

18 after the date of enactment of this section, the Sec19 retary, acting through the Undersecretary for Bor20 der and Transportation Security, shall provide funds 

21 and other assistance to tribal governments in ac22 cordance with the Indian Self-Determination and 

23 Education Assistance Act (25 U.S.C. 450 et seq.). 

24 ‘‘(2) USE OF FUNDS AND ASSISTANCE.— 
45 

•S 536 RS

1 ‘‘(A) IN GENERAL.—A tribal government 

2 shall use any funds or assistance provided 

3 under paragraph (1) consistent with the pur4 poses of this section. 

5 ‘‘(B) ADMINISTRATION BY TRIBAL GOV6 ERNMENTS.—A tribal government that receives 

7 any funds or assistance under paragraph (1) 

8 shall administer the funds or assistance in ac9 cordance with the Indian Self-Determination 

10 and Education Assistance Act (25 U.S.C. 450 

11 et seq.). 

12 ‘‘(3) SELECTION CRITERIA.—In selecting a trib13 al government to receive funds or assistance under 

14 paragraph (1), the Secretary may take into consider15 ation— 

16 ‘‘(A) the distance between the Indian land 

17 in the jurisdiction of the tribal government and 

18 an international border of the United States; 

19 ‘‘(B) the extent to which a border enforce20 ment effort effects the resources of the Indian 

21 tribe; and 

22 ‘‘(C) the interests of the Indian tribe. 

23 ‘‘(d) REPORTS.— 

24 ‘‘(1) TRIBAL GOVERNMENTS.— 
46 

•S 536 RS

1 ‘‘(A) IN GENERAL.—Not later than 1 year 

2 after receiving funds or assistance under sub3 section (c), a tribal government shall submit to 

4 the Secretary a report in such a manner and 

5 containing such information as the Secretary 

6 may require. 

7 ‘‘(B) INCLUSION.—A report under sub8 paragraph (A) shall include a description of— 

9 ‘‘(i) any funds or assistance received 

10 by the tribal government under this sec11 tion; 

12 ‘‘(ii) the use of the funds or assistance 

13 by the tribal government; and 

14 ‘‘(iii) any obstacle encountered by the 

15 tribal government in administering the 

16 funds or assistance. 

17 ‘‘(2) SECRETARY.—Not later than 2 years after 

18 the date of enactment of this Act, the Secretary 

19 shall submit to Congress a report describing— 

20 ‘‘(A) the information contained in the re21 ports under paragraph (1); 

22 ‘‘(B) the degree of success of the Secretary 

23 in implementing the pilot program; and 
47 

•S 536 RS

1 ‘‘(C) any recommendation, including a leg2 islative recommendation, of the Secretary relat3 ing to the pilot program. 

4 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as are nec6 essary to carry out this section for each of fiscal years 

7 2006 through 2008.’’. 

8 TITLE II—OTHER AMENDMENTS 

9 TO LAWS RELATING TO NA10 TIVE AMERICANS 

11 Subtitle A—Indian Land Leasing 

12 SEC. 201. AUTHORIZATION OF 99-YEAR LEASES. 

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

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

15 amended in the second sentence— 

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

17 inserting ‘‘Moapa Indian Reservation,’’; 

18 (2) by inserting ‘‘the reservation of the Confed19 erated Tribes of the Umatilla Indian Reservation,’’ 

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

21 (3) by inserting ‘‘the’’ before ‘‘Yavapai-Pres22 cott’’; 

23 (4) by inserting ‘‘the Muckleshoot Indian Res24 ervation and land held in trust for the Muckleshoot 
48 

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1 Indian Tribe,’’ after ‘‘the Cabazon Indian reserva2 tion,’’; 

3 (5) by striking ‘‘Washington,,’’ and inserting 

4 ‘‘Washington,’’; 

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

6 Prairie Band Potawatomi Nation,’’ before ‘‘land held 

7 in trust for the Cherokee Nation of Oklahoma’’; 

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

9 Fallon Paiute Shoshone Tribes,’’ before ‘‘land held 

10 in trust for the Pueblo of Santa Clara’’; and 

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

12 Yurok Tribe, land held in trust for the Hopland 

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

14 after ‘‘Pueblo of Santa Clara,’’. 

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

16 subsection (a) shall apply to any lease entered into or re17 newed after the date of enactment of this Act. 

18 SEC. 202. CERTIFICATION OF RENTAL PROCEEDS. 

19 Notwithstanding any other provision of law, any ac20 tual rental proceeds from the lease of land acquired under 

21 section 1 of Public Law 91–229 (25 U.S.C. 488) certified 

22 by the Secretary of the Interior shall be deemed— 

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

24 and 
49 

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1 (2) to satisfy the requirement for appraisal of 

2 that land. 

3 Subtitle B—Navajo Health 

4 Contracting 

5 SEC. 211. NAVAJO HEALTH CONTRACTING. 

6 The Navajo Health Foundation/Sage Memorial Hos7 pital in Ganado, Arizona, shall be considered to be a tribal 

8 contractor under the Indian Self-Determination and Edu9 cation Assistance Act for the purposes of section 102(d) 

10 and subsections (k) and (o) of section 105 of that Act 

11 (25 U.S.C. 450f(d), 450j) provided that the Hospital re12 mains the authorized tribal organization (as defined in 

13 section 4 of that Act (25 U.S.C. 450b)) of the Navajo 

14 Nation. 

15 Subtitle C—Probate Technical 

16 Correction 

17 SEC. 221. PROBATE REFORM. 

18 (a) NONTESTAMENTARY DISPOSITION.—Subsection 

19 (a)(2)(D)(iv)(I)(aa) of section 207 of the Indian Land 

20 Consolidation Act (25 U.S.C. 2206) (as amended by sec21 tion 3(a) of the American Indian Probate Reform Act of 

22 2004 (Public Law 108–374)) is amended— 

23 (1) by striking ‘‘clause (iii)’’ and inserting ‘‘this 

24 subparagraph’’; and 
50 

•S 536 RS

1 (2) in subitem (BB), by striking ‘‘any co2 owner’’ and inserting ‘‘not more than 1 co-owner’’. 

3 (b) APPLICABLE FEDERAL LAW.—Subsection (h)(2) 

4 of section 207 of the Indian Land Consolidation Act (25 

5 U.S.C. 2206) (as amended by section 3(d) of the American 

6 Indian Probate Reform Act of 2004 (Public Law 108– 

7 374)) is amended— 

8 (1) by inserting ‘‘specifically’’ after ‘‘pertains’’; 

9 and 

10 (2) in subparagraph (B), by striking ‘‘allotted 

11 lands’’ and inserting ‘‘trust or restricted allot12 ments’’. 

13 (c) PARTITION OF HIGHLY FRACTIONATED INDIAN

14 LAND.—Subsection (d) of section 205 of the Indian Land 

15 Consolidation Act (25 U.S.C. 2204) (as amended by sec16 tion 4 of the American Indian Probate Reform Act of 

17 2004 (Public Law 108–374)) is amended— 

18 (1) in paragraph (2)— 

19 (A) in subparagraph (G)(ii)(I), by striking 

20 ‘‘a higher value of the land’’ and inserting ‘‘a 

21 value of the land that is equal to or greater 

22 than that of the earlier appraisal’’; and 

23 (B) in subparagraph (I)(iii)— 

24 (i) in subclause (III), by inserting ‘‘(if 

25 any)’’ after ‘‘this section’’; and 
51 

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1 (ii) in subclause (IV)(bb), by striking 

2 ‘‘to implement this section’’ and inserting 

3 ‘‘under paragraph (5)’’; and 

4 (2) in the second sentence of paragraph (5), by 

5 striking ‘‘shall’’ and inserting ‘‘may’’. 

6 (d) PURCHASE OPTION AT PROBATE.—Subsection 

7 (p)(6) of section 207 of the Indian Land Consolidation 

8 Act (25 U.S.C. 2206) (as added by section 6(a)(2) of the 

9 American Indian Probate Reform Act of 2004 (Public 

10 Law 108–374)) is amended— 

11 (1) in the first sentence, by striking ‘‘Proceeds’’ 

12 and inserting the following: 

13 ‘‘(A) IN GENERAL.—Proceeds’’; and 

14 (2) by striking the second sentence and insert15 ing the following: 

16 ‘‘(B) HOLDING IN TRUST.—Proceeds de17 scribed in subparagraph (A) shall be deposited 

18 and held in an account as trust personalty if 

19 the interest sold would otherwise pass to— 

20 ‘‘(i) the heir, by intestate succession 

21 under subsection (a); or 

22 ‘‘(ii) the devisee in trust or restricted 

23 status under subsection (b)(1).’’. 
52 

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1 (e) TRIBAL PROBATE CODES.—Section 206 of the 

2 Indian Land Consolidation Act (25 U.S.C. 2205) is 

3 amended— 

4 (1) in subsection (b)(3), by striking subpara5 graph (A) and inserting the following: 

6 ‘‘(A) the date that is 1 year after the date 

7 on which the Secretary makes the certification 

8 required under section 8(a)(4) of the American 

9 Indian Probate Reform Act of 2004; or’’; and 

10 (2) in paragraph (2)(A)(i)(II)(bb) of subsection 

11 (c) (as amended by section 6(a)(3) of the American 

12 Indian Probate Reform Act of 2004 (Public Law 

13 108–374)), by inserting ‘‘in writing’’ after ‘‘agrees’’. 

14 (f) EFFECTIVE DATE.—The amendments made by 

15 this section take effect as if included in the American In16 dian Probate Reform Act of 2004 (Public Law 108–374). 

Calendar No. 100 

109TH CONGRESS 

1ST SESSION S. 536 

[Report No. 109–67] 

A BILL 

To make technical corrections to laws relating to 

Native Americans, and for other purposes. 

MAY 12, 2005 

Reported without amendment