II 

109TH CONGRESS 

1ST SESSION S. 536 

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 introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

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’’. 

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

7 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 
2 

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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. 132. 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. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Interior. 
3 

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1 TITLE I—TECHNICAL AMEND2 MENTS TO LAWS RELATING 

3 TO NATIVE AMERICANS 

4 Subtitle A—General Provisions 

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 ‘‘the Secretary may— 

11 ‘‘(1) guarantee’’; 

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

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

14 or 

15 ‘‘(2) to insure’’; 

16 (3) by striking ‘‘SEC. 201. In order’’ and insert17 ing the following: 

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

19 ‘‘(a) IN GENERAL.—In order’’; and 

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

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

22 guarantee or insure loans under subsection (a) to both for23 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); 
5 

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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 that 

7 follows through ‘‘subparagraph (B),’’ and in8 serting ‘‘VALIDITY.—Except as provided by reg9 ulations in effect on the date on which a loan 

10 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 following: 

19 ‘‘(2) COMPENSATION OF FISCAL TRANSFER

20 AGENT.—A fiscal transfer agent designated under 

21 subsection (f) may be compensated through any of 

22 the fees assessed under this section and any interest 

23 earned on any funds or fees collected by the fiscal 

24 transfer agent while the funds or fees are in the con25 trol of the fiscal transfer agent and before the time 
6 

•S 536 IS 

1 at which the fiscal transfer agent is contractually re2 quired to transfer such funds to the Secretary or to 

3 transferees or other holders.’’; and 

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

6 (A) by striking ‘‘subsection (i)’’ and insert7 ing ‘‘subsection (h)’’; and 

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

9 and issuance of acknowledgments,’’. 

10 (d) LOANS INELIGIBLE FOR GUARANTY OR INSUR11 ANCE.—Section 206 of the Indian Financing Act of 1974 

12 (25 U.S.C. 1486) is amended by inserting ‘‘(not including 

13 an eligible Native American owned or operated Commu14 nity Development Finance Institution)’’ after ‘‘Govern15 ment’’. 

16 (e) AGGREGATE LOANS OR SURETY BONDS LIMITA17 TION.—Section 217(b) of the Indian Financing Act of 

18 1974 (25 U.S.C. 1497(b)) is amended by striking 

19 ‘‘$500,000,000’’ and inserting ‘‘$1,500,000,000’’. 

20 SEC. 102. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL 

21 ASSISTANCE. 

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

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

24 3681(d)) are amended by striking ‘‘for fiscal years 2000 
7 

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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 
8 

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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, 
9 

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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— 
10 

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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-
11 

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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— 
12 

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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-
13 

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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, 

11 T. 20 N., R. 4 E., of the Willamette Meridian, 

12 described as commencing at Highway Engi13 neer’s Station (hereinafter referred to as HES) 

14 AL 26 6+38.0 P.O.T. on the AL26 line survey 

15 of SR 5, Tacoma to King County line: Thence 

16 S88°54′30′′ E., along the north line of said lot 

17 1 a distance of 95 feet to the true point of be18 ginning: Thence S01°05′30′′ W87.4′ feet: 

19 Thence westerly to a point opposite HES AL26 

20 5+50.6 P.O.T. on said AL26 line survey and 

21 75 feet easterly therefrom; Thence northwest22 erly to a point opposite AL26 5+80.6 on said 

23 AL26 line survey and 55 feet easterly there24 from: Thence northerly parallel with said line 
14 

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1 survey to the north line of said lot 1: Thence 

2 N88°54′30′′ E., to the true point of beginning. 

3 Except that portion of lot 4 conveyed to 

4 the State of Washington by deed recorded 

5 under recording number 9308100165 and more 

6 particularly described as follows: 

7 Commencing at the northeast corner of 

8 said lot 4: Thence N89°53′30′′ W., along the 

9 north line of said lot 4 a distance of 147.44 feet 

10 to the true point of beginning and a point of 

11 curvature; thence southwesterly along a curve 

12 to the left, the center of which bears S0°06′30′′ 

13 W., 55.00 feet distance, through a central angle 

14 of 89°01′00′′, an arc distance of 85.45 feet; 

15 Thence S01°05′30′′ W., 59.43 feet; Thence 

16 N88°54′30′′ W., 20.00 feet to a point on the 

17 westerly line of said lot 4; Thence N0°57′10′′ 

18 E., along said westerly line 113.15 feet to the 

19 northwest corner of said lot 4; Thence 

20 S89°53′30′′ east along said north line, a dis21 tance of 74.34 feet to the true point of begin22 ning. 

23 Chicago Title Insurance Company Order 

24 No. 4293514 Lot A boundary line adjustment 

25 recorded under Recording No. 9508150496. Ac-
15 

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1 cording to the map thereof recorded August 15, 

2 1995, records of Pierce County Auditor. 

3 Situate in the city of Fife, county of 

4 Pierce, State of Washington. 

5 (3) ADDITIONAL LOTS.—Any lots acquired by 

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

7 7949, 7950, 8045, or 8049 in the Indian Addition 

8 to the city of Tacoma, State of Washington. 

9 SEC. 108. DEFINITION OF NATIVE AMERICAN. 

10 Section 2(9) of the Native American Graves Protec11 tion and Repatriation Act (25 U.S.C. 3001(9)) is amend12 ed— 

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

14 (2) by inserting after ‘‘indigenous to’’ the fol15 lowing: ‘‘any geographic area that is now located 

16 within the boundaries of’’. 

17 SEC. 109. FALLON PAIUTE SHOSHONE TRIBES SETTLE18 MENT. 

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

20 Paiute Shoshone Indian Tribes Water Rights Settlement 

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

22 (1) in subsection (C)— 

23 (A) in paragraph (1)— 

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

25 Fund may be obligated and expended only 
16 

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1 for the following purposes:’’ and inserting 

2 the following: ‘‘Notwithstanding any con3 flicting provision in the original Fund plan 

4 during Fund fiscal year 2004 and during 

5 each subsequent Fund fiscal year, 6 per6 cent of the average quarterly market value 

7 of the Fund during the immediately pre8 ceding 3 Fund fiscal years (referred to in 

9 this title as the ‘Annual 6 percent 

10 Amount’), plus any unexpended and unob11 ligated portion of the Annual 6 percent 

12 Amount from any of the 3 immediately 

13 preceding Fund fiscal years that are subse14 quent to Fund fiscal year 2003, less any 

15 negative income that may accrue on that 

16 portion, may be expended or obligated only 

17 for the following purposes:’’; and 

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

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

21 with the investment of the Fund, for investment 

22 management, investment consulting, custodianship, 

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

24 (B) by striking paragraph (4) and insert25 ing the following: 
17 

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

2 amounts authorized under paragraphs (1) and (3) 

3 may be expended or obligated for any purpose. 

4 ‘‘(5) Notwithstanding any conflicting provision 

5 in the original Fund plan, during Fund fiscal year 

6 2004 and during each subsequent Fund fiscal year, 

7 not more than 20 percent of the Annual 6 percent 

8 Amount for the Fund fiscal year (referred to in this 

9 title as the ‘Annual 1.2 percent Amount’) may be ex10 pended or obligated under paragraph (1)(c) for per 

11 capita distributions to tribal members, except that 

12 during each Fund fiscal year subsequent to Fund 

13 fiscal year 2004, any unexpended and unobligated 

14 portion of the Annual 1.2 percent Amount from any 

15 of the 3 immediately preceding Fund fiscal years 

16 that are subsequent to Fund fiscal year 2003, less 

17 any negative income that may accrue on that por18 tion, may also be expended or obligated for such per 

19 capita payments.’’; and 

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

21 following: ‘‘Notwithstanding any conflicting provi22 sion in the original Fund plan, the Fallon Business 

23 Council, in consultation with the Secretary, shall 

24 promptly amend the original Fund plan for purposes 

25 of conforming the Fund plan to this title and mak-
18 

•S 536 IS 

1 ing nonsubstantive updates, improvements, or cor2 rections to the original Fund plan.’’. 

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

4 Shoshone Indian Tribes Water Rights Settlement Act of 

5 1990 (104 Stat. 3293) is amended— 

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

7 and (G) as subsections (F), (G), (H), and (I), re8 spectively; and 

9 (2) by striking subsections (B) and (C) and in10 serting the following: 

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

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

13 ‘‘(C) the term ‘Fund plan’ means the plan es14 tablished under section 102(F), including the origi15 nal Fund plan (the ‘Plan for Investment, Manage16 ment, Administration and Expenditure dated De17 cember 20, 1991’) and all amendments of the Fund 

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

19 ‘‘(D) the term ‘income’ means the total net re20 turn from the investment of the Fund, consisting of 

21 all interest, dividends, realized and unrealized gains 

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

23 and expenses incurred for investment management, 

24 investment consulting, custodianship and trans25 actional services or matters; 
19 

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

2 amount appropriated to the Fallon Paiute Shoshone 

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

4 SEC. 110. WASHOE TRIBE OF NEVADA AND CALIFORNIA 

5 LAND CONVEYANCE. 

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

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

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

9 United States and Encumbrance Map revised January 10, 

10 1991, for the Toiyabe National Forest, Ranger District 

Carson ¥1, located in the S1⁄2 of NW1⁄4 and N1 11 ⁄2 of 

SW1⁄4 of the SE1 12 ⁄4 of sec. 27, T. 15N, R. 18E, Mt. Diablo 

13 Base and Meridian, comprising 24.3 acres.’’. 

14 SEC. 111. INDIAN ARTS AND CRAFTS. 

15 (a) CRIMINAL PROCEEDINGS; CIVIL ACTIONS; MIS16 REPRESENTATIONS.—Section 5 of the Indian Arts and 

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

18 as follows: 

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

20 ‘‘(a) DEFINITION OF FEDERAL LAW ENFORCEMENT

21 OFFICER.—In this section, the term ‘Federal law enforce22 ment officer’ has the meaning given the term in section 

23 115(c) of title 18, United States Code. 

24 ‘‘(b) CRIMINAL PROCEEDINGS.— 
20 

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

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

3 Code, the Board may refer the complaint to any 

4 Federal law enforcement officer for appropriate in5 vestigation. 

6 ‘‘(2) FINDINGS.—The findings of an investiga7 tion under paragraph (1) shall be submitted to— 

8 ‘‘(A) the Attorney General; and 

9 ‘‘(B) the Board. 

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

11 findings of an investigation in accordance with para12 graph (2), the Board may— 

13 ‘‘(A) recommend to the Attorney General 

14 that criminal proceedings be initiated under 

15 section 1159 of that title; and 

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

17 General relating to the criminal proceedings as 

18 the Attorney General determines appropriate. 

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

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

21 may recommend that the Attorney General initiate a civil 

22 action pursuant to section 6.’’. 

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

24 1990 (25 U.S.C. 305e) is amended— 

25 (1) by striking subsection (d); 
21 

•S 536 IS 

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

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

3 (3) by inserting before subsection (b) (as redes4 ignated by paragraph (2)) the following: 

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

6 ‘‘(1) INDIAN.—The term ‘Indian’ means an in7 dividual that— 

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

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

10 Indian tribe. 

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

12 product’ has the meaning given the term in any reg13 ulation promulgated by the Secretary. 

14 ‘‘(3) INDIAN TRIBE.— 

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

16 tribe’ has the meaning given the term in section 

17 4 of the Indian Self-Determination and Edu18 cation Assistance Act (25 U.S.C. 450b). 

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

20 includes an Indian group that has been formally 

21 recognized as an Indian tribe by— 

22 ‘‘(i) a State legislature; 

23 ‘‘(ii) a State commission; or 
22 

•S 536 IS 

1 ‘‘(iii) another similar organization 

2 vested with State legislative tribal recogni3 tion authority. 

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

5 the Secretary of the Interior.’’; 

6 (4) in subsection (c) (as redesignated by para7 graph (2))— 

8 (A) by striking ‘‘of this section’’; and 

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

10 civil action’’; 

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

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

13 ‘‘(d) PERSONS THAT MAY INITIATE CIVIL AC14 TIONS.— 

15 ‘‘(1) IN GENERAL.—A civil action under sub16 section (b) may be initiated by— 

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

18 of the Secretary acting on behalf of— 

19 ‘‘(i) an Indian tribe; 

20 ‘‘(ii) an Indian; or 

21 ‘‘(iii) an Indian arts and crafts orga22 nization; 

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

24 ‘‘(i) the tribe; 

25 ‘‘(ii) a member of that tribe; or 
23 

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1 ‘‘(iii) an Indian arts and crafts orga2 nization; 

3 ‘‘(C) an Indian; or 

4 ‘‘(D) an Indian arts and crafts 

5 organizaion. 

6 ‘‘(2) DISPOSITION OF AMOUNTS RECOVERED.— 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 subparagraph (B), an amount recovered in a 

9 civil action under this section shall be paid to 

10 the Indian tribe, the Indian, or the Indian arts 

11 and crafts organization on the behalf of which 

12 the civil action was initiated. 

13 ‘‘(B) EXCEPTIONS.— 

14 ‘‘(i) ATTORNEY GENERAL.—In the 

15 case of a civil action initiated under para16 graph (1)(A), the Attorney General may 

17 deduct from the amount— 

18 ‘‘(I) the amount of the cost of 

19 the civil action and reasonable attor20 ney’s fees awarded under subsection 

21 (c), to be deposited in the Treasury 

22 and credited to appropriations avail23 able to the Attorney General on the 

24 date on which the amount is recov25 ered; and 
24 

•S 536 IS 

1 ‘‘(II) the amount of the costs of 

2 investigation awarded under sub3 section (c), to reimburse the Board 

4 for the activities of the Board relating 

5 to the civil action. 

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

7 civil action intitated under paragraph 

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

9 the amount— 

10 ‘‘(I) the amount of the cost of 

11 the civil action; and 

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

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

14 event that’’ and inserting the following: 

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

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

17 following: 

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

19 the date of enactment of the Native American Omnibus 

20 Act of 2005, the Board shall promulgate regulations to 

21 include in the definition of the term ‘Indian product’ ex22 amples of each Indian product to provide guidance and 

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

24 consumers of Indian arts and crafts.’’. 
25 

•S 536 IS 

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

2 title 18, United States Code, is amended by striking para3 graph (3) and inserting the following: 

4 ‘‘(3) the term ‘Indian tribe’— 

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

6 section 4 of the Indian Self-Determination and 

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

8 and 

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

10 been formally recognized as an Indian tribe 

11 by— 

12 ‘‘(i) a State legislature; 

13 ‘‘(ii) a State commission; or 

14 ‘‘(iii) another similar organization 

15 vested with State legislative tribal recogni16 tion authority; and’’. 

17 SEC. 112. COLORADO RIVER INDIAN RESERVATION BOUND18 ARY CORRECTION. 

19 (a) FINDINGS.—Congress finds that— 

20 (1) the Act of March 3, 1865, created the Colo21 rado River Indian Reservation along the Colorado 

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

23 said river and its tributaries’’; 

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

25 Executive orders to expand the Reservation south-
26 

•S 536 IS 

1 ward and to secure the southern boundary of the 

2 Reservation at a clearly recognizable geographic lo3 cation in order to forestall encroachment by non-In4 dians and conflicts with the Indians of the Reserva5 tion; 

6 (3) in 1875, Chandler Robbins conducted the 

7 Robbins Survey, delineating the new southern 

8 boundary of the Reservation, which included the La 

9 Paz land as part of the Reservation; 

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

11 an Executive order establishing the boundaries of 

12 the Reservation as the boundaries delineated by the 

13 Robbins Survey; 

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

15 trespasses by miners and cattle and at the request 

16 of the Bureau of Indian Affairs, the General Land 

17 Office provided for a resurvey of the southern and 

18 southeastern areas of the Reservation; 

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

20 and approved the Harrington Survey, which con21 firmed the boundaries that were delineated by the 

22 Robbins Survey and established by Executive order 

23 in 1876; 

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

25 Interior reversed the decision of the General Land 
27 

•S 536 IS 

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

2 recommendation of the Secretary on November 22, 

3 1915, President Wilson issued Executive Order 2273 

4 to correct the error in location of the southern bound5 ary line of the Reservation, effectively excluding the 

6 La Paz land from the Reservation; 

7 (8) historical evidence compiled by the Depart8 ment of the Interior supports the conclusion that— 

9 (A) the recommendation of the Secretary 

10 in 1915 that the President issue an Executive 

11 order to correct an error in locating the south12 ern boundary was in error; and 

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

14 excluded from the Reservation; and 

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

16 and historical significance, as well as economic devel17 opment potential, for the Tribe, which has consist18 ently sought to have the La Paz land restored to the 

19 Reservation. 

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

21 (1) to correct the south boundary of the Res22 ervation by reestablishing the boundary as the 

23 boundary was delineated by the Robbins Survey and 

24 affirmed by the Harrington Survey; 
28 

•S 536 IS 

1 (2) to restore the La Paz land to the Reserva2 tion, subject to Federal law; 

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

4 La Paz land for recreational purposes; and 

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

6 Reservation boundary, as corrected by this section, 

7 is resurveyed and marked in accordance with the 

8 public system of surveys extended over the land. 

9 (c) DEFINITIONS.—In this section: 

10 (1) HARRINGTON SURVEY.—The term ‘‘Har11 rington Survey’’ means the survey of the Reserva12 tion conducted by Guy Harrington in 1912. 

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

14 means the approximately 16,000 acres attributed to 

15 the Reservation by the Robbins Survey. 

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

17 prepared by the Secretary, acting through the Bu18 reau of Land Management, entitled ‘‘Colorado River 

19 Indian Reservation Boundary Correction’’ and dated 

20 January 4, 2005. 

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

22 means the Colorado River Indian Reservation. 

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

24 Survey’’ means the survey of the Reservation con25 ducted by Chandler Robbins in 1875. 
29 

•S 536 IS 

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

2 the Secretary of the Interior. 

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

4 tribe a member of which resides on the Reservation. 

5 (d) BOUNDARY CORRECTION.— 

6 (1) IN GENERAL.—The boundaries of the Res7 ervation shall include the boundaries that were delin8 eated by the Robbins Survey, affirmed by the Har9 rington Survey, including the approximately 15,375 

10 acres of Federal land described as ‘‘Land Identified 

11 for Transfer to Colorado River Indian Tribes’’ on 

12 the Map. 

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

14 review at the Bureau of Land Management. 

15 (3) RESURVEY AND MARKING.—The Secretary 

16 shall ensure that the boundary described in para17 graph (1) is surveyed and clearly marked in accord18 ance with the public system of surveys extended over 

19 the land. 

20 (e) RESTORATION OF RIGHTS, TITLE, AND INTER21 EST.— 

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

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

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

25 boundaries described in subsection (d)(1) that were 
30 

•S 536 IS 

1 excluded from the Reservation pursuant to Executive 

2 Order 2273 (relating to the southern boundary line 

3 of the Reservation)— 

4 (A) are restored to the Reservation; and 

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

6 States on behalf of the Tribe. 

7 (2) EXCLUSIONS.— 

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

9 belonging to the State of Arizona (totaling 320 

10 acres and 520 acres, respectively) that are iden11 tified on the Map as ‘‘State Land’’ shall be ex12 cluded from the land described in paragraph 

13 (1). 

14 (B) WATER RIGHTS.—The land described 

15 in subsection (d)(1) shall not include any Fed16 eral reserve water right to surface water or 

17 ground water from any source. 

18 (C) PUBLIC ACCESS.—The public shall 

19 have continued access to the land described in 

20 subsection (d)(1) for hunting and other rec21 reational purposes in existence on the date of 

22 enactment of this Act, in accordance with any 

23 rule or regulation promulgated by the Tribe. 

24 (D) ECONOMIC ACTIVITY.— 
31 

•S 536 IS 

1 (i) IN GENERAL.—The land described 

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

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

4 claim in existence on the date of enactment 

5 of this Act. 

6 (ii) RECLAMATION PROJECTS.—The 

7 United States reserves the right to con8 tinue any reclamation project relating to 

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

10 existence on the date of enactment of this 

11 Act, including the right to access and re12 move mineral materials for maintenance of 

13 the Colorado River. 

14 (iii) ADDITIONAL RIGHTS-OF-WAY.— 

15 Notwithstanding any other provision of 

16 law, the Secretary, in consultation with the 

17 Tribe, shall grant any additional right-of18 way (including an expansion or renewal of 

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

20 or another accommodation to an adjoining 

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

22 their successors and assigns) if the Sec23 retary determines that— 

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

25 necessary to the applicant; 
32 

•S 536 IS 

1 (II) the acquisition of the pro2 posed right-of-way will not cause sig3 nificant harm to the Tribe; and 

4 (III) the proposed right-of-way— 

5 (aa) complies with part 169 

6 of title 25, Code of Federal Reg7 ulations; and 

8 (bb) is consistent with this 

9 subsection and other generally 

10 applicable Federal laws unrelated 

11 to the acquisition of interests on 

12 trust land. 

13 (iv) EXCEPTION FOR ROADS AND

14 UTILITIES.—Section 169.3 of title 25, 

15 Code of Federal Regulations, shall not 

16 apply to the expansion or renewal of a 

17 right-of-way in existence on the date of en18 actment of this Act for a road or utility. 

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

20 easement, or right-of-way substantially 

21 complies with all terms of the lease, ease22 ment, or right-of-way, the fees charged for 

23 the renewal of the lease, easement, or 

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

25 greater than the applicable Federal rate 
33 

•S 536 IS 

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

2 at the time of the renewal. 

3 (f) GAMING.—Land taken into trust under this sec4 tion shall not— 

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

6 for gaming; or 

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

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

9 et seq.)). 

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

11 (a) INTRA-DEPARTMENTAL COUNCIL ON NATIVE

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

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

14 2(d)(1)) is amended by striking ‘‘There’’ and all that fol15 lows and inserting the following: ‘‘There is established in 

16 the Office of the Secretary the Intra-Departmental Coun17 cil on Native American Affairs. The Commissioner and the 

18 Director of the Indian Health Service shall serve as co19 chairpersons of the Council. The co-chairpersons shall ad20 vise the Secretary on all matters affecting Native Ameri21 cans that involve the Department.’’. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 816 of the Native American Programs Act of 1974 (42 

24 U.S.C. 2992d) is amended— 
34 

•S 536 IS 

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

2 inserting the following: 

3 ‘‘(a) IN GENERAL.—There are authorized to be ap4 propriated— 

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

6 for each of fiscal years 2006 through 2010; and 

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

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

9 an express authorization of appropriations, such 

10 sums as are necessary for each of fiscal years 2006 

11 through 2010. 

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

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

14 year (other than funds made available to carry out sec15 tions 803(d), 803A, 803C, and 804, and any other provi16 sion of this title having an express authorization of appro17 priations) shall be expended to carry out section 803(a).’’; 

18 (2) by redesignating subsection (d) as sub19 section (c); and 

20 (3) by striking subsection (e). 

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

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

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

24 follows through ‘‘each year,’’ and inserting the fol25 lowing: 
35 

•S 536 IS 

1 ‘‘SEC. 811A. REPORTS. 

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

3 (2) by striking ‘‘an annual report’’ and insert4 ing ‘‘a report’’. 

5 SEC. 114. RESEARCH AND EDUCATIONAL ACTIVITIES. 

6 Section 7205(a)(3) of the Native Hawaiian Edu7 cation Act (20 U.S.C. 7515(a)(3)) is amended— 

8 (1) by redesignating subparagraphs (K) and 

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

10 (2) by inserting after subparagraph (J) the fol11 lowing: 

12 ‘‘(K) research and educational activities re13 lating to Native Hawaiian law;’’. 

14 Subtitle B—Indian Education 

15 Provisions 

16 SEC. 121. DEFINITION OF INDIAN STUDENT COUNT. 

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

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

19 amended by striking paragraph (2) and inserting the fol20 lowing: 

21 ‘‘(2) INDIAN STUDENT COUNT.— 

22 ‘‘(A) IN GENERAL.—The term ‘Indian stu23 dent count’ means a number equal to the total 

24 number of Indian students enrolled in each trib25 ally-controlled postsecondary vocational and 
36 

•S 536 IS 

1 technical institution, as determined in accord2 ance with subparagraph (B). 

3 ‘‘(B) DETERMINATION.— 

4 ‘‘(i) ENROLLMENT.—For each aca5 demic year, the Indian student count shall 

6 be determined on the basis of the enroll7 ments of Indian students as in effect at 

8 the conclusion of— 

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

10 the third week of the fall term; and 

11 ‘‘(II) in the case of the spring 

12 term, the third week of the spring 

13 term. 

14 ‘‘(ii) CALCULATION.—For each aca15 demic year, the Indian student count for a 

16 tribally-controlled postsecondary vocational 

17 and technical institution shall be the 

18 quotient obtained by dividing— 

19 ‘‘(I) the sum of the credit-hours 

20 of all Indian students enrolled in the 

21 tribally-controlled postsecondary voca22 tional and technical institution (as de23 termined under clause (i)); divided by 

24 ‘‘(II) 12. 
37 

•S 536 IS 

1 ‘‘(iii) SUMMER TERM.—Any credit 

2 earned in a class offered during a summer 

3 term shall be counted in the determination 

4 of the Indian student count for the suc5 ceeding fall term. 

6 ‘‘(iv) STUDENTS WITHOUT SEC7 ONDARY SCHOOL DEGREES.— 

8 ‘‘(I) IN GENERAL.—A credit 

9 earned at a tribally-controlled postsec10 ondary vocational and technical insti11 tution by any Indian student that has 

12 not obtained a secondary school de13 gree (or the recognized equivalent of 

14 such a degree) shall be counted to15 ward the determination of the Indian 

16 student count if the institution at 

17 which the student is enrolled has es18 tablished criteria for the admission of 

19 the student on the basis of the ability 

20 of the student to benefit from the 

21 education or training of the institu22 tion. 

23 ‘‘(II) PRESUMPTION.—The insti24 tution shall be presumed to have es25 tablished the criteria described in sub-
38 

•S 536 IS 

1 clause (I) if the admission procedures 

2 for the institution include counseling 

3 or testing that measures the aptitude 

4 of a student to successfully complete a 

5 course in which the student is en6 rolled. 

7 ‘‘(III) CREDITS TOWARD SEC8 ONDARY SCHOOL DEGREE.—No credit 

9 earned by an Indian student for the 

10 purpose of obtaining a secondary 

11 school degree (or the recognized 

12 equivalent of such a degree) shall be 

13 counted toward the determination of 

14 the Indian student count under this 

15 clause. 

16 ‘‘(v) CONTINUING EDUCATION PRO17 GRAMS.—Any credit earned by an Indian 

18 student in a continuing education program 

19 of a tribally-controlled postsecondary voca20 tional and technical institution shall be in21 cluded in the determination of the sum of 

22 all credit hours of the student if the credit 

23 is converted to a credit-hour basis in ac24 cordance with the system of the institution 
39 

•S 536 IS 

1 for providing credit for participation in the 

2 program.’’. 

3 SEC. 122. NATIVE NATIONS LEADERSHIP, MANAGEMENT, 

4 AND POLICY. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) the policy of the United States favors self7 determination for Indian tribes; 

8 (2) consistent with the policy described in para9 graph (1), Indian tribes are increasingly taking con10 trol of the affairs of the tribes in order to realize in 

11 practice most of the status afforded the tribes in 

12 treaties, court decisions, and legislation; 

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

14 tribes, tribes require enhanced leadership prepara15 tion and greater access to information relating to re16 search and analysis of successful models for tribal 

17 government and business operations, similar to the 

18 information regularly available to Federal, State, 

19 and local government agencies; 

20 (4) enabling Indian tribes to develop strong 

21 leadership and governing policy is consistent with 

22 Federal policy supporting tribal self-determination 

23 and increases the likelihood that tribal governments 

24 will achieve political and economic self-determina25 tion; and 
40 

•S 536 IS 

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

2 Scholarship and Excellence in National Environ3 mental Policy Foundation, in cooperation with the 

4 Native Nations Institute at the University of Ari5 zona, pursuant to section 6(7) of the Morris K. 

6 Udall Scholarship and Excellence in National Envi7 ronmental and Native American Public Policy Act of 

8 1992 (20 U.S.C. 5604(7)), has provided to Indian 

9 tribes the leadership and management training, pol10 icy analysis, and research of the quality and type re11 quired to assist Indian tribes to achieve self-deter12 mination. 

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

14 Scholarship and Excellence in National Environmental 

15 and Native American Public Policy Act of 1992 (20 

16 U.S.C. 5602) is amended— 

17 (1) by redesignating paragraphs (6) through 

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

19 and 

20 (2) by inserting after paragraph (5) the fol21 lowing: 

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

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

24 4 of the Indian Self-Determination and Education 

25 Assistance Act (25 U.S.C. 450b);’’. 
41 

•S 536 IS 

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

2 of the Morris K. Udall Scholarship and Excellence in Na3 tional Environmental and Native American Public Policy 

4 Act of 1992 (20 U.S.C. 5605(a)(1)) is amended by strik5 ing subparagraph (C) and inserting the following: 

6 ‘‘(C) FIELDS OF STUDY.— 

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

8 award scholarships, fellowships, internships, 

9 and grants to eligible individuals in accordance 

10 with this Act for study in fields relating to the 

11 environment and Native American and Alaska 

12 Native health care and tribal public policy. 

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

14 fellowship, internship, or grant awarded under 

15 this section shall be awarded to an eligible indi16 vidual that meets the minimum criteria estab17 lished by the Foundation. 

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

19 NATIONS, AND GROUPS.—Notwithstanding the 

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

21 Foundation may make an award under this sec22 tion to an individual that is a member of a Na23 tive American tribe, band, nation, or other or24 ganized group or community that is recognized 

25 by a State.’’. 
42 

•S 536 IS 

1 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 13 of the Morris K. Udall Scholarship and Excellence in 

3 National Environmental and Native American Public Pol4 icy Act of 1992 (20 U.S.C. 5609) is amended by striking 

5 subsection (c) and inserting the following: 

6 ‘‘(c) TRAINING IN TRIBAL LEADERSHIP, MANAGE7 MENT, AND POLICY.— 

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

9 appropriated to carry out section 6(7)— 

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

11 2007 and 2008; 

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

13 2009 and 2010; and 

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

15 2011 through 2016. 

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

17 pursuant to this subsection shall not be subject to 

18 section 7(c).’’. 

19 Subtitle C—Border Preparedness 

20 SEC. 132. BORDER PREPAREDNESS ON INDIAN LAND. 

21 Subtitle D of title IV of the Homeland Security Act 

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

23 the end the following: 
43 

•S 536 IS 

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

2 INDIAN LAND. 

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

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

5 means— 

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

7 Indian reservation; and 

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

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

10 for the benefit of an Indian tribe or indi11 vidual; or 

12 ‘‘(ii) held by any Indian tribe or indi13 vidual— 

14 ‘‘(I) subject to a restriction by 

15 the United States against alienation; 

16 and 

17 ‘‘(II) over which an Indian tribe 

18 exercises governmental authority. 

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

20 means any Indian tribe, band, nation, or other orga21 nized group or community that is recognized by the 

22 Secretary as— 

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

24 services provided by the United States to Indi25 ans because of their status as Indians; and 

26 ‘‘(B) possessing powers of self-government. 
44 

•S 536 IS 

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

2 government’ means the governing body of an Indian 

3 tribe. 

4 ‘‘(b) PURPOSE.—The purpose of this section is to re5 quire the Secretary, acting through the Under Secretary 

6 for Border and Transportation Security, to establish a 

7 pilot program for tribal governments on Indian land lo8 cated on or near the border of the United States with Can9 ada or Mexico in order to— 

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

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

12 international border of the United States with the 

13 responses of Federal, State, and local governments; 

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

15 as a first responder to an illegal crossing of an im16 migrant over an international border of the United 

17 States; and 

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

19 use by the tribes of effective aerial and ground sur20 veillance technologies, integrated communication sys21 tems and equipment, and personnel training. 

22 ‘‘(c) PILOT PROGRAM.— 

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

24 after the date of enactment of this section, the Sec25 retary, acting through the Undersecretary for Bor-
45 

•S 536 IS 

1 der and Transportation Security, shall provide funds 

2 and other assistance to tribal governments in ac3 cordance with the Indian Self-Determination and 

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

5 ‘‘(2) USE OF FUNDS AND ASSISTANCE.— 

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

7 shall use any funds or assistance provided 

8 under paragraph (1) consistent with the pur9 poses of this section. 

10 ‘‘(B) ADMINISTRATION BY TRIBAL GOV11 ERNMENTS.—A tribal government that receives 

12 any funds or assistance under paragraph (1) 

13 shall administer the funds or assistance in ac14 cordance with the Indian Self-Determination 

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

16 et seq.). 

17 ‘‘(3) SELECTION CRITERIA.—In selecting a trib18 al government to receive funds or assistance under 

19 paragraph (1), the Secretary may take into consider20 ation— 

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

22 in the jurisdiction of the tribal government and 

23 an international border of the United States; 
46 

•S 536 IS 

1 ‘‘(B) the extent to which a border enforce2 ment effort effects the resources of the Indian 

3 tribe; and 

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

5 ‘‘(d) REPORTS.— 

6 ‘‘(1) TRIBAL GOVERNMENTS.— 

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

8 after receiving funds or assistance under sub9 section (c), a tribal government shall submit to 

10 the Secretary a report in such a manner and 

11 containing such information as the Secretary 

12 may require. 

13 ‘‘(B) INCLUSION.—A report under sub14 paragraph (A) shall include a description of— 

15 ‘‘(i) any funds or assistance received 

16 by the tribal government under this sec17 tion; 

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

19 by the tribal government; and 

20 ‘‘(iii) any obstacle encountered by the 

21 tribal government in administering the 

22 funds or assistance. 

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

24 the date of enactment of this Act, the Secretary 

25 shall submit to Congress a report describing— 
47 

•S 536 IS 

1 ‘‘(A) the information contained in the re2 ports under paragraph (1); 

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

4 in implementing the pilot program; and 

5 ‘‘(C) any recommendation, including a leg6 islative recommendation, of the Secretary relat7 ing to the pilot program. 

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

9 are authorized to be appropriated such sums as are nec10 essary to carry out this section for each of fiscal years 

11 2006 through 2008.’’. 

12 TITLE II—OTHER AMENDMENTS 

13 TO LAWS RELATING TO NA14 TIVE AMERICANS 

15 Subtitle A—Indian Land Leasing 

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

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

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

19 amended in the second sentence— 

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

21 inserting ‘‘Moapa Indian Reservation,’’; 

22 (2) by inserting ‘‘the reservation of the Confed23 erated Tribes of the Umatilla Indian Reservation,’’ 

24 before ‘‘the Burns Paiute Reservation,’’; 
48 

•S 536 IS 

1 (3) by inserting ‘‘the’’ before ‘‘Yavapai-Pres2 cott’’; 

3 (4) by inserting ‘‘the Muckleshoot Indian Res4 ervation and land held in trust for the Muckleshoot 

5 Indian Tribe,’’ after ‘‘the Cabazon Indian reserva6 tion,’’; 

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

8 ‘‘Washington,’’; 

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

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

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

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

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

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

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

16 Yurok Tribe, land held in trust for the Hopland 

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

18 after ‘‘Pueblo of Santa Clara,’’. 

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

20 subsection (a) shall apply to any lease entered into or re21 newed after the date of enactment of this Act. 

22 SEC. 202. CERTIFICATION OF RENTAL PROCEEDS. 

23 Notwithstanding any other provision of law, any ac24 tual rental proceeds from the lease of land acquired under 
49 

•S 536 IS 

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

2 by the Secretary of the Interior shall be deemed— 

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

4 and 

5 (2) to satisfy the requirement for appraisal of 

6 that land. 

7 Subtitle B—Navajo Health 

8 Contracting 

9 SEC. 211. NAVAJO HEALTH CONTRACTING. 

10 The Navajo Health Foundation/Sage Memorial Hos11 pital in Ganado, Arizona, shall be considered to be a tribal 

12 contractor under the Indian Self-Determination and Edu13 cation Assistance Act for the purposes of section 102(d) 

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

15 (25 U.S.C. 450f(d), 450j) provided that the Hospital re16 mains the authorized tribal organization (as defined in 

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

18 Nation. 

19 Subtitle C—Probate Technical 

20 Correction 

21 SEC. 221. PROBATE REFORM. 

22 (a) NONTESTAMENTARY DISPOSITION.—Subsection 

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

24 Consolidation Act (25 U.S.C. 2206) (as amended by sec-
50 

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1 tion 3(a) of the American Indian Probate Reform Act of 

2 2004 (Public Law 108–374)) is amended— 

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

4 subparagraph’’; and 

5 (2) in subitem (BB), by striking ‘‘any co6 owner’’ and inserting ‘‘not more than 1 co-owner’’. 

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

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

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

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

11 374)) is amended— 

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

13 and 

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

15 lands’’ and inserting ‘‘trust or restricted allot16 ments’’. 

17 (c) PARTITION OF HIGHLY FRACTIONATED INDIAN

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

19 Consolidation Act (25 U.S.C. 2204) (as amended by sec20 tion 4 of the American Indian Probate Reform Act of 

21 2004 (Public Law 108–374)) is amended— 

22 (1) in paragraph (2)— 

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

24 ‘‘a higher value of the land’’ and inserting ‘‘a 
51 

•S 536 IS 

1 value of the land that is equal to or greater 

2 than that of the earlier appraisal’’; and 

3 (B) in subparagraph (I)(iii)— 

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

5 any)’’ after ‘‘this section’’; and 

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

7 ‘‘to implement this section’’ and inserting 

8 ‘‘under paragraph (5)’’; and 

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

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

11 (d) PURCHASE OPTION AT PROBATE.—Subsection 

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

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

14 American Indian Probate Reform Act of 2004 (Public 

15 Law 108–374)) is amended— 

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

17 and inserting the following: 

18 ‘‘(A) IN GENERAL.—Proceeds’’; and 

19 (2) by striking the second sentence and insert20 ing the following: 

21 ‘‘(B) HOLDING IN TRUST.—Proceeds de22 scribed in subparagraph (A) shall be deposited 

23 and held in an account as trust personalty if 

24 the interest sold would otherwise pass to— 
52 

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

2 under subsection (a); or 

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

4 status under subsection (b)(1).’’. 

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

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

7 amended— 

8 (1) in subsection (b)(3), by striking subpara9 graph (A) and inserting the following: 

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

11 on which the Secretary makes the certification 

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

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

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

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

16 Indian Probate Reform Act of 2004 (Public Law 

17 108–374)), by inserting ‘‘in writing’’ after ‘‘agrees’’. 

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

19 this section take effect as if included in the American In20 dian Probate Reform Act of 2004 (Public Law 108–374). 

Æ