IB 
Union Calendar No. 165 
109TH CONGRESS 
1ST SESSION H. R. 3351 
[Report No. 109–298, Part 1] 
To make technical corrections to laws relating to Native Americans, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 19, 2005 
Mr. POMBO introduced the following bill; which was referred to the Committee 
on Resources, and in addition to the Committee on Transportation and 
Infrastructure, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
NOVEMBER 16, 2005 
Reported from the Committee on Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
NOVEMBER 16, 2005 
Committee on Transportation and Infrastructure discharged; committed to the 
Committee of the Whole House on the State of the Union and ordered 
to be printed 
[For text of introduced bill, see copy of bill as introduced on July 19, 2005] 
A BILL 
To make technical corrections to laws relating to Native 
Americans, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Na-
tive American Technical Corrections Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—TECHNICAL AMENDMENTS AND OTHER PROVISIONS 
RELATING TO NATIVE AMERICANS 
Sec. 101. Indian Financing Act amendments. 
Sec. 102. Gila River Indian Community binding arbitration. 
Sec. 103. Alaska Native Claims Settlement Act voting standards amendment. 
Sec. 104. Indian tribal justice technical and legal assistance. 
Sec. 105. Tribal justice systems. 
Sec. 106. ANCSA amendment. 
Sec. 107. Mississippi Band of Choctaw transportation reimbursement. 
Sec. 108. Indian Pueblo Land Act Amendments. 
TITLE II—INDIAN LAND LEASING 
Sec. 201. Prairie Island land conveyance. 
Sec. 202. Authorization of 99-year leases. 
TITLE 
I—TECHNICAL 
AMEND-
MENTS AND OTHER PROVI-
SIONS RELATING TO NATIVE 
AMERICANS 
SEC. 101. INDIAN FINANCING ACT AMENDMENTS. 
(a) LOAN GUARANTIES AND INSURANCE.—Section 201 
of the Indian Financing Act of 1974 (25 U.S.C. 1481) is 
amended— 
(1) by striking ‘‘the Secretary is authorized (a) 
to guarantee’’ and inserting
‘‘the Secretary may— 
‘‘(1) guarantee’’; 
(2) by striking ‘‘Indians; and (b) in lieu of such 
guaranty, to insure’’ and inserting 
‘‘Indians; or 
‘‘(2) to insure’’; 
(3) by striking ‘‘SEC. 201. In order’’ and insert-
ing the following: 
‘‘SEC. 201. LOAN GUARANTIES AND INSURANCE. 
‘‘(a) IN GENERAL.—In order’’; and 
(4) by adding at the end the following: 
‘‘(b) ELIGIBLE BORROWERS.—The Secretary may 
guarantee or insure loans under subsection (a) to both for- 
profit and nonprofit borrowers.’’. 
(b) LOAN APPROVAL.—Section 204 of the Indian Fi-
nancing Act of 1974 (25 U.S.C. 1484) is amended by strik-
ing ‘‘SEC. 204.’’ and inserting the following: 
‘‘SEC. 204. LOAN APPROVAL.’’. 
(c) SALE OR ASSIGNMENT OF LOANS AND UNDERLYING 
SECURITY.—Section 205 of the Indian Financing Act of 
1974 (25 U.S.C. 1485) is amended— 
(1) by striking ‘‘SEC. 205.’’ and all that follows 
through subsection (b) and inserting the following:
‘‘SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDER-
LYING SECURITY. 
‘‘(a) IN GENERAL.—All or any portion of a loan guar-
anteed or insured under this title, including the security 
given for the loan— 
‘‘(1) may be transferred by the lender by sale or 
assignment to any person; and 
‘‘(2) may be retransferred by the transferee. 
‘‘(b) TRANSFERS OF LOANS.—With respect to a trans-
fer described in subsection (a)— 
‘‘(1) the transfer shall be consistent with such 
regulations as the Secretary shall promulgate under 
subsection (h); and 
‘‘(2) the transferee shall give notice of the trans-
fer to the Secretary.’’; 
(2) by striking subsection (c); 
(3) by redesignating subsections (d), (e), (f), (g), 
(h), and (i) as subsections (c), (d), (e), (f), (g), and 
(h), respectively; 
(4) in paragraph (2) of subsection (c) (as redes-
ignated by paragraph (3))— 
(A) by striking ‘‘VALIDITY.—’’ and all that 
follows through ‘‘subparagraph (B),’’ and insert-
ing ‘‘VALIDITY.—Except as provided by regula-
tions in effect on the date on which a loan is 
made,’’; and
(B) by striking ‘‘incontestable’’ and all that 
follows and inserting ‘‘incontestable.’’; 
(5) in subsection (e) (as redesignated by para-
graph (3))— 
(A) by striking ‘‘The Secretary’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(2) 
COMPENSATION
OF
FISCAL
TRANSFER 
AGENT.—A fiscal transfer agent designated under sub-
section (f) may be compensated through any of the 
fees assessed under this section and any interest 
earned on any funds or fees collected by the fiscal 
transfer agent while the funds or fees are in the con-
trol of the fiscal transfer agent and before the time at 
which the fiscal transfer agent is contractually re-
quired to transfer such funds to the Secretary or to 
transferees or other holders.’’; and 
(6) in subsection (f) (as redesignated by para-
graph (3))— 
(A) by striking ‘‘subsection (i)’’ and insert-
ing ‘‘subsection (h)’’; and 
(B) in paragraph (2)(B), by striking ‘‘, and 
issuance of acknowledgments,’’.
(d) LOANS INELIGIBLE FOR GUARANTY OR INSUR-
ANCE.—Section 206 of the Indian Financing Act of 1974 
(25 U.S.C. 1486) is amended by striking ‘‘Internal Revenue 
Code of 1954, as amended,’’ and inserting ‘‘Internal Rev-
enue Code of 1986 (except loans made by certified Commu-
nity Development Finance Institutions)’’. 
(e) AGGREGATE LOANS OR SURETY BONDS LIMITA-
TION.—Section 217(b) of the Indian Financing Act of 1974 
(25 U.S.C. 1497(b)) is amended by striking ‘‘$500,000,000’’ 
and inserting ‘‘$1,500,000,000’’. 
SEC. 102. GILA RIVER INDIAN COMMUNITY BINDING ARBI-
TRATION. 
(a) AMENDMENTS.—Subsection (f) of the first section 
of the Act of August 9, 1955 (25 U.S.C. 415(f)), is amend-
ed— 
(1) in the first sentence, by striking ‘‘Any lease’’ 
and all that follows through ‘‘affecting land’’ and in-
serting ‘‘Any contract, including a lease, affecting 
land’’; and 
(2) in the second sentence, by striking ‘‘Such 
leases or contracts entered into pursuant to such 
Acts’’ and inserting ‘‘Such contracts’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect as if included in Public Law 
107–159 (116 Stat. 122).
SEC. 103. ALASKA NATIVE CLAIMS SETTLEMENT ACT VOT-
ING STANDARDS AMENDMENT. 
(a) IN GENERAL.—Subsection (d)(3) of section 36 of 
the Alaska Native Claims Settlement Act (43 U.S.C. 1629b) 
(as amended by subsection (b)) is amended— 
(1) by inserting after ‘‘of this section’’ the fol-
lowing: ‘‘or an amendment to the articles of incorpo-
ration described in section 7(g)(1)(B)’’; and 
(2) by inserting ‘‘or amendment’’ after ‘‘meeting 
relating to such resolution’’ each place it appears. 
(b) TECHNICAL CORRECTIONS.— 
(1)(A) Section 337(a) of the Department of the 
Interior and Related Agencies Appropriations Act, 
2003 (Division F of Public Law 108–7; 117 Stat. 
278; February 20, 2003) is amended— 
(i) in the matter preceding paragraph (1), 
by striking ‘‘Section 1629b of title 43, United 
States Code,’’ and inserting ‘‘Section 36 of the 
Alaska Native Claims Settlement Act (43 U.S.C. 
1629b)’’; 
(ii) in paragraph (2), by striking ‘‘by cre-
ating the following new subsection:’’ and insert-
ing ‘‘in subsection (d), by adding at the end the 
following:’’; and
(iii) in paragraph (3), by striking ‘‘by cre-
ating the following new subsection:’’ and insert-
ing ‘‘by adding at the end the following:’’. 
(B) Section 36 of the Alaska Native Claims Set-
tlement Act (43 U.S.C. 1629b) is amended— 
(i) in subsection (d)(3), by striking ‘‘(d)’’; 
and 
(ii) in subsection (f), by striking ‘‘section 
1629e of this title’’ and inserting ‘‘section 39’’. 
(2)(A) Section 337(b) of the Department of the 
Interior and Related Agencies Appropriations Act, 
2003 (Division F of Public Law 108–7; 117 Stat. 
278; February 20, 2003) is amended by striking ‘‘Sec-
tion 1629e(a)(3) of title 43, United States Code,’’ and 
inserting ‘‘Section 39(a)(3) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1629e(a)(3))’’. 
(B) Section 39(a)(3)(B)(ii) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1629e(a)(3)(B)(ii)) 
is amended by striking ‘‘(a)(4) of section 1629b of 
this title’’ and inserting ‘‘section 36(a)(4)’’. 
(3) The amendments made by this subsection 
take effect on February 20, 2003.
SEC. 104. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL 
ASSISTANCE. 
Sections 106 and 201(d) of the Indian Tribal Justice 
Technical and Legal Assistance Act of 2000 (25 U.S.C. 
3666, 3681(d)) are amended by striking ‘‘for fiscal years 
2000 through 2004’’ and inserting ‘‘for fiscal years 2004 
through 2010’’. 
SEC. 105. TRIBAL JUSTICE SYSTEMS. 
Subsections (a), (b), (c), and (d) of section 201 of the 
Indian Tribal Justice Act (25 U.S.C. 3621) are amended 
by striking ‘‘2007’’ and inserting ‘‘2010’’. 
SEC. 106. ANCSA AMENDMENT. 
All land and interests in land in the State of Alaska 
conveyed by the Federal Government under the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et seq.) to a 
Native Corporation and reconveyed by that Native Corpora-
tion, or a successor in interest, in exchange for any other 
land or interest in land in the State of Alaska and located 
within the same region (as defined in section 9(a) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1608(a)), 
to a Native Corporation under an exchange or other convey-
ance, shall be deemed, notwithstanding the conveyance or 
exchange, to have been conveyed pursuant to that Act.
SEC. 107. MISSISSIPPI BAND OF CHOCTAW TRANSPOR-
TATION REIMBURSEMENT. 
The Secretary of the Interior, acting through the Bu-
reau of Indian Affairs, is authorized and directed to enter 
into a contract in order to accept funds from the State of 
Mississippi and deposit such funds in trust account number 
PL7489708 at the Office of Trust Funds Management for 
the benefit of the Mississippi Band of Choctaw Indians, as 
set forth in the agreement executed by the Mississippi De-
partment of Transportation on June 7, 2005, and by the 
Mississippi Band of Choctaw Indians on June 2, 2005. 
Thereafter, the tribe may draw down these moneys from this 
trust account by resolution of the Tribal Council, pursuant 
to Federal law and regulations applicable to such accounts. 
SEC. 108. INDIAN PUEBLO LAND ACT AMENDMENTS. 
The Act of June 7, 1924 (43 Stat. 636, chapter 331), 
is amended by adding at the end the following: 
‘‘SEC. 20. CRIMINAL JURISDICTION. 
‘‘(a) IN GENERAL.—Except as otherwise provided by 
Congress, jurisdiction over offenses committed anywhere 
within the exterior boundaries of any grant from a prior 
sovereign, as confirmed by Congress or the Court of Private 
Land Claims to a Pueblo Indian tribe of New Mexico shall 
be provided in this section. 
‘‘(b) JURISDICTION OF THE PUEBLO.—The Pueblo has 
jurisdiction, as an act of the Pueblos inherent power as an
Indian tribe, over any offense committed by a member of 
the Pueblo or an Indian, as defined in section 201 of the 
Act of April 11, 1968 (25 U.S.C. 1301), or by any other 
Indian-owned entity. 
‘‘(c) JURISDICTION OF THE UNITED STATES.—The 
United States has jurisdiction over any offense described 
in chapter 53 of title 18, United States Code, committed 
by or against an Indian as defined in section 201 of the 
Act of April 11, 1968 (25 U.S. C. 1301) or any Indian- 
owned entity, or that involves any Indian property or in-
terest. 
‘‘(d) JURISDICTION OF THE STATE OF NEW MEXICO.— 
The State of New Mexico shall have jurisdiction over any 
offense committed by a person who is not a member of a 
Pueblo or an Indian tribe, as defined in section 201 of the 
Act of April 11, 1968 (25 U.S.C. 1301) which offense is 
not subject to the jurisdiction of the United States.’’. 
TITLE II—INDIAN LAND LEASING 
SEC. 201. PRAIRIE ISLAND LAND CONVEYANCE. 
(a) IN GENERAL.—The Secretary of the Army shall 
convey all right, title, and interest of the United States in 
and to the land described in subsection (b), including all 
improvements, cultural resources, and sites on the land, 
subject to the flowage and sloughing easement described in
subsection (d) and to the conditions stated in subsection (f), 
to the Secretary of the Interior, to be— 
(1) held in trust by the United States for the 
benefit of the Prairie Island Indian Community in 
Minnesota; and 
(2) included in the Prairie Island Indian Com-
munity Reservation in Goodhue County, Minnesota. 
(b) LAND DESCRIPTION.—The land to be conveyed 
under subsection (a) is the approximately 1290 acres of 
land associated with the Lock and Dam #3 on the Mis-
sissippi River in Goodhue County, Minnesota, located in 
tracts identified as GO–251, GO–252, GO–271, GO–277, 
GO–278, GO–284, GO–301 through GO–313, GO–314A, 
GO–314B, GO–329, GO–330A, GO–330B, GO–331A, GO– 
331B, GO–331C, GO–332, GO–333, GO–334, GO–335A, 
GO–335B, GO–336 through GO–338, GO–339A, GO–339B, 
GO–339C, GO–339D, GO–339E, GO–340A, GO–340B, 
GO–358, GO–359A, GO–359B, GO–359C, GO–359D, and 
GO–360, as depicted on the map entitled ‘‘United States 
Army Corps of Engineers survey map of the Upper Mis-
sissippi River 9-Foot Project, Lock & Dam No. 3 (Red 
Wing), Land & Flowage Rights’’ and dated December 1936. 
(c) BOUNDARY SURVEY.—Not later than 5 years after 
the date of conveyance under subsection (a), the boundaries
of the land conveyed shall be surveyed as provided in section 
2115 of the Revised Statutes (25 U.S.C. 176). 
(d) EASEMENT.— 
(1) IN GENERAL.—The Corps of Engineers shall 
retain a flowage and sloughing easement for the pur-
pose of navigation and purposes relating to the Lock 
and Dam No. 3 project over the portion of the land 
described in subsection (b) that lies below the ele-
vation of 676.0. 
(2) INCLUSIONS.—The easement retained under 
paragraph (1) includes— 
(A) the perpetual right to overflow, flood, 
and submerge property as the District Engineer 
determines to be necessary in connection with the 
operation and maintenance of the Mississippi 
River Navigation Project; and 
(B) the continuing right to clear and re-
move any brush, debris, or natural obstructions 
that, in the opinion of the District Engineer, 
may be detrimental to the project. 
(e) OWNERSHIP
OF STURGEON LAKE BED UNAF-
FECTED.—Nothing in this section diminishes or otherwise 
affects the title of the State of Minnesota to the bed of Stur-
geon Lake located within the tracts of land described in sub-
section (b).
(f) CONDITIONS.—The conveyance under subsection (a) 
is subject to the conditions that the Prairie Island Indian 
Community shall not— 
(1) use the conveyed land for human habitation; 
(2) construct any structure on the land without 
the written approval of the District Engineer; or 
(3) conduct gaming (within the meaning of sec-
tion 4 of the Indian Gaming Regulatory Act (25 
U.S.C. 2703)) on the land. 
(g) NO
EFFECT
ON
ELIGIBILITY
FOR
CERTAIN 
PROJECTS.—Notwithstanding the conveyance under sub-
section (a), the land shall continue to be eligible for environ-
mental management planning and other recreational or 
natural resource development projects on the same basis as 
before the conveyance. 
(h) EFFECT OF SECTION.—Nothing in this section di-
minishes or otherwise affects the rights granted to the 
United States pursuant to letters of July 23, 1937, and No-
vember 20, 1937, from the Secretary of the Interior to the 
Secretary of War and the letters of the Secretary of War 
in response to the Secretary of the Interior dated August 
18, 1937, and November 27, 1937, under which the Sec-
retary of the Interior granted certain rights to the Corps 
of Engineers to overflow the portions of Tracts A, B, and 
C that lie within the Mississippi River 9-Foot Channel
Project boundary and as more particularly shown and de-
picted on the map entitled ‘‘United States Army Corps of 
Engineers survey map of the Upper Mississippi River 9- 
Foot Project, Lock & Dam No. 3 (Red Wing), Land & Flow-
age Rights’’ and dated December 1936. 
SEC. 202. AUTHORIZATION OF 99-YEAR LEASES. 
(a) IN GENERAL.—Subsection (a) of the first section 
of the Act of August 9, 1955 (25 U.S.C. 415(a)), is amended 
in the second sentence: 
(1) by inserting ‘‘the reservation of the Confed-
erated Tribes of the Umatilla Indian Reservation,’’ 
before ‘‘the Burns Paiute Reservation,’’; 
(2) by inserting ‘‘the’’ before ‘‘Yavapai-Prescott’’; 
(3) by inserting ‘‘the Muckleshoot Indian Res-
ervation and land held in trust for the Muckleshoot 
Indian Tribe,’’ after ‘‘the Cabazon Indian reserva-
tion,’’; 
(4) by inserting ‘‘lands held in trust for the 
Fallon Paiute Shoshone Tribes,’’ before ‘‘lands held in 
trust for the Pueblo of Santa Clara’’; 
(5) by striking ‘‘the lands comprising the Moses 
Allotment Numbered 10, Chelan County, Wash-
ington,’’ and inserting the following: ‘‘the lands com-
prising the Moses Allotment Numbered 8 and the
Moses Allotment Numbered 10, Chelan County, Wash-
ington’’; and 
(6) by inserting ‘‘land held in trust for the Yurok 
Tribe, land held in trust for the Hopland Band of 
Pomo Indians of the Hopland Rancheria,’’ after 
‘‘Pueblo of Santa Clara,’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply only to any lease entered into or 
renewed after the date of the enactment of this Act.
Union Calendar No. 165 
109TH CONGRESS 
1ST SESSION 
H. R. 3351 
[Report No. 109–298, Part 1] 
A BILL 
To make technical corrections to laws relating to 
Native Americans, and for other purposes. 
NOVEMBER 16, 2005 
Reported from the Committee on Resources with an 
amendment 
NOVEMBER 16, 2005 
Committee on Transportation and Infrastructure dis-
charged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed