Native American Technical Corrections Act of 2006

Bill: 109-hr-3351
Sponsor: Rep. Pombo, Richard W. [R-CA-11]
Introduced: 2005-07-19 in the House
Policy area: Native Americans
Subjects: Administration of justice
Alaska
Arizona
Authorization
California
Commerce
Commercial arbitration
Contracts
Crime and Law Enforcement
Department of the Interior
Economics and Public Finance
Federal aid to Indians
Federal-Indian relations
Federally-guaranteed loans
Fees
Finance and Financial Sector
Government Operations and Politics
Indian claims
Indian courts
Indian lands
Indian law enforcement
Indigenous peoples
Interest
Jurisdiction
Land transfers
Law
Leases
Minnesota
Minorities
Mississippi
New Mexico
Public Lands and Natural Resources
Revolving funds
State government-Indian relations
Stockholders
Surety and fidelity
Transportation and Public Works
Travel costs
Voting
Washington State

Summary:
action_date: 2005-07-19
text: 
Native American Technical Corrections Act of 2005 - Makes technical amendments to the Indian Financing Act of 1974 and other Native American law with respect to: (1) retransfer by a transferee of guaranteed or insured loans and underlying security; (2) increased aggregate loans or surety bonds limitations; (3) binding arbitration clauses in leases affecting Gila River Indian Community lands; (4) extended authorization of appropriations for Indian tribal justice training and technical assistance, as well as Tribal Justice Systems; (5) Alaska Native Claims Settlement Act (ANCSA) voting standards; (6) reconveyance under ANCSA by a Native Corporation of land conveyed to it by the United States; and (7) acceptance in trust by the Bureau of Indian Affairs of certain funds (as a transportation reimbursement) for the benefit of the Mississippi Band of Choctaw Indians.
 
Amends the Pueblo Lands Act of 1924 to allocate jurisdiction over offenses committed anywhere within the exterior boundaries of any grant from a prior sovereign to a Pueblo Indian tribe of New Mexico to: (1) the Pueblo for any offense committed by a member of the Pueblo or an Indian; (2) the United States for any specified federal offense that is committed by or against an Indian or any Indian-owned entity, or that involves any Indian property or interest; and (3) the state of New Mexico for any offense committed by a person who is not a member of a Pueblo or an Indian, if the offense is not subject to U.S. jurisdiction.
 
Directs the Secretary of the Army to convey all U.S. right, title, and interest in and to certain land to the Secretary of the Interior, to be held in trust by the United States for the benefit of the Prairie Island Indian Community in Minnesota, and included in the Prairie Island Indian Community Reservation in Goodhue County, Minnesota. Prohibits the use of such land for: (1) human habitation; (2) construction of any structure without the written approval of the District Engineer; or (3) gaming.
 
Authorizes certain 99 year leases.

Grants the Paskenta Band of Nomlaki Indians 99 year lease authority over its reservation land. 

action_date: 2005-11-16
text: 
Native American Technical Corrections Act of 2005 - 
Title I: Technical Amendments and Other Provisions Relating to Native Americans - 
(Sec. 101) Amends the Indian Financing Act of 1974 to authorize the Secretary of the Interior to guarantee or insure all or any portion of a loan under the loan guaranty program to nonprofit borrowers (as well as, under current law, for-profit borrowers).
 
Revises requirements for retransfers of loans by transferees (in the secondary market).
 
Provides for compensation of the fiscal transfer agent.
 
Exempts loans made by certified Community Development Finance Institutions from the denial of eligibility for guaranty or insurance of loans made by any federal agency or instrumentality, or by an organization of Indians from funds borrowed from the United States, and loans whose interest is excluded from gross income for income tax purposes.
 
Increases from $500 million to $1.5 billion the limit on the aggregate amount of loans or surety bonds which are insured or guaranteed by the Secretary. 
 
(Sec. 102) Amends federal Indian law to allow the inclusion of binding arbitration clauses in all contracts affecting the land within the Gila River Indian Community. 
 
(Sec. 103) Amends the Alaska Native Claims Settlement Act (ANCSA) with respect to the voting standards that apply to a vote to add shareholder descendants to a Native Regional Corporation by a majority of the shares present at the shareholders meeting. Applies such voting standards to approval of an amendment to the Corporation's articles of incorporation.
 
(Sec. 104) Extends the authorization of appropriations for the Indian Tribal Justice Technical and Legal Assistance Act through FY2010.
 
(Sec. 105) Extends the authorization of appropriations for the Indian Tribal Justice Act through FY2010.
 
(Sec. 106) Provides that all land and interests in land in Alaska conveyed by the federal government under ANCSA to a Native Corporation, and then reconveyed by that Native Corporation, or successor in interest, in exchange for any other land or land interest in Alaska and located within the same region, to a Native Corporation under an exchange or other conveyance, shall be deemed, notwithstanding the conveyance or exchange, to have been conveyed pursuant to that Act.
 
(Sec. 107) Directs the Secretary of the Interior, acting through the Bureau of Indian Affairs, to enter into a contract in order to accept funds from the state of Mississippi and deposit them in trust account number PL7489708 at the Office of Trust Funds Management for the benefit of the Mississippi Band of Choctaw Indians.
 
(Sec. 108) Provides that: (1) a Pueblo Indian tribe of New Mexico has jurisdiction, as an act of its inherent power as an Indian tribe, over any offense committed by a member of the Pueblo or an Indian, or by any other Indian-owned entity; (2) the United States has jurisdiction over any specified federal offense committed by or against an Indian or an Indian-owned entity, or that involves any Indian property or interest; and (3) the state of New Mexico has jurisdiction over any offense committed by a person who is not a member of a federally recognized tribe, if the offense is not subject to U.S. jurisdiction.
 

Title II: Indian Land Leasing - 
(Sec. 201) Directs the Secretary of the Army to convey all U.S. right, title, and interest in and to specified land to the Secretary of the Interior, to be held in trust by the United States for the benefit of the Prairie Island Indian Community in Minnesota, and included in the Prairie Island Indian Community Reservation in Goodhue County, Minnesota. Prohibits the use of such land for: (1) human habitation; (2) construction of any structure without the written approval of the District Engineer; or (3) gaming.
 
(Sec. 202) Authorizes specified tribal groups to grant 99-year leases of restricted lands for certain purposes.
 
(Sec. 203) Grants 99-year lease authority over its reservation land to the Paskenta Band of Nomlaki Indians.
 

action_date: 2006-04-07
text: 
Native American Technical Corrections Act of 2006 - 
Title I: Technical Amendments and Other Provisions Relating to Native Americans
 - (Sec. 101) Makes technical amendments to the Alaska Native Claims Settlement Act (ANCSA) and related federal law.
 
(Sec. 102) Provides that all land and interests in land in Alaska conveyed by the federal government under ANCSA to a Native Corporation, and then reconveyed by that Native Corporation, or successor in interest, in exchange for any other land or land interest in Alaska and located within the same region, to a Native Corporation under an exchange or other conveyance, shall be deemed, notwithstanding the conveyance or exchange, to have been conveyed pursuant to that Act.
 
(Sec. 103) Directs the Secretary of the Interior (Secretary) to accept certain funds from the state of Mississippi pursuant to a specified contract, and deposit them in trust account number PL7489708 at the Office of Trust Funds Management for the benefit of the Mississippi Band of Choctaw Indians. 
 
(Sec. 104) Amends the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 to adjust the spending rule set forth in that Act for the Tribe's Settlement Fund. Authorizes expenditure of 6% of the average quarterly market value of the Settlement Fund over the preceding three years. Allows such expenditures for any fees and expenses incurred in connection with the investment of the Fund, for investment management, investment consulting, custodianship, and other transactional services or matters.
 
Provides that no monies from the Fund other than certain amounts authorized may be expended or obligated for any purpose.
 
Authorizes the expenditure or obligation for per capita distributions to tribal members, in addition to certain already authorized Fund amounts, of any unexpended or unobligated portion of the annual 1.2% amount from any of the three immediately preceding Fund fiscal years subsequent to Fund FY 2005 (minus any accrued negative income).
 

Title II: Indian Land Leasing
 - (Sec. 201) Directs the Secretary of the Army to convey all U.S. right, title, and interest in and to specified land to the Secretary, to be held in trust for the benefit of the Prairie Island Indian Community in Red Wing, Minnesota. Prohibits the use of such land for: (1) human habitation; (2) construction of any structure without the written approval of the District Engineer; or (3) gaming.
 
(Sec. 202) Authorizes the Confederated Tribes on the Umatilla Indian Reservation, the Muckleshoot Indian Reservation, the Prairie Band Potawatomi Nation, the Fallon Paiute Shoshone Tribes, the Yurok Tribe, and the Hopland Band of Pomo Indians of the Hopland Rancheria to grant 99-year leases of restricted lands for certain purposes.
 
(Sec. 203) Provides that any actual rental proceeds from the lease of land acquired under specified federal law certified by the Secretary shall be deemed: (1) to constitute the rental value of that land; and (2) to satisfy the requirement for appraisal of that land.
 
 

Title III: National Indian Gaming Commission Funding Amendment 
- (Sec. 301) Amends the Indian Gaming Regulatory Act (IGRA) to subject the National Indian Gaming Commission to the Government Performance and Results Act of 1993 (GPRA).

Requires the Commission to submit a plan to provide technical assistance to tribal gaming operations in accordance with GPRA. Revises the $8 million maximum total amount of all fees the Commission may impose during any fiscal year under the established schedule of fees. Replaces $8 million with a maximum of 0.080% of the gross gaming revenues of all gaming operations subject to regulation under IGRA. 
 

Title IV: Indian Financing
 - (Sec. 401) Amends the Indian Financing Act of 1974 to authorize the Secretary of the Interior to guarantee or insure all or any portion of a loan under the loan guaranty program to nonprofit borrowers (as well as, under current law, for-profit borrowers).
 
Revises requirements for retransfers of loans by transferees (in the secondary market).
 
Provides for compensation of the fiscal transfer agent.
 
Exempts loans made by certified Community Development Finance Institutions from the denial of eligibility for guaranty or insurance of loans made by any federal agency or instrumentality, or by an organization of Indians from funds borrowed from the United States, and loans whose interest is excluded from gross income for income tax purposes.
 
Increases from $500 million to $1.5 billion the limit on the aggregate amount of loans or surety bonds which are insured or guaranteed by the Secretary.
 

Title V: Native American Probate Reform Technical Amendment
 - (Sec. 501) Makes technical amendments to the Indian Land Consolidation Act, the American Indian Probate Reform Act of 2004, and other related federal law regarding the transfer and exchange of restricted Indian lands.

action_date: 2006-05-12
text: 

(This measure has not been amended since it was passed by the Senate on April 7, 2006. The summary of that version is repeated here.)

 
Native American Technical Corrections Act of 2006 - 
Title I: Technical Amendments and Other Provisions Relating to Native Americans
 - (Sec. 101) Makes technical amendments to the Alaska Native Claims Settlement Act (ANCSA) and related federal law.
 
(Sec. 102) Provides that all land and interests in land in Alaska conveyed by the federal government under ANCSA to a Native Corporation, and then reconveyed by that Native Corporation, or successor in interest, in exchange for any other land or land interest in Alaska and located within the same region, to a Native Corporation under an exchange or other conveyance, shall be deemed, notwithstanding the conveyance or exchange, to have been conveyed pursuant to that Act.

(Sec. 103) Directs the Secretary of the Interior (Secretary) to accept certain funds from the state of Mississippi pursuant to a specified contract, and deposit them in trust account number PL7489708 at the Office of Trust Funds Management for the benefit of the Mississippi Band of Choctaw Indians. 

(Sec. 104) Amends the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 to adjust the spending rule set forth in that Act for the Tribe's Settlement Fund. Authorizes expenditure of 6% of the average quarterly market value of the Settlement Fund over the preceding three years. Allows such expenditures for any fees and expenses incurred in connection with the investment of the Fund, for investment management, investment consulting, custodianship, and other transactional services or matters.

Provides that no monies from the Fund other than certain amounts authorized may be expended or obligated for any purpose. Authorizes the expenditure or obligation for per capita distributions to tribal members, in addition to certain already authorized Fund amounts, of any unexpended or unobligated portion of the annual 1.2% amount from any of the three immediately preceding Fund fiscal years subsequent to Fund FY 2005 (minus any accrued negative income). 

 

Title II: Indian Land Leasing
 - (Sec. 201) Directs the Secretary of the Army to convey all U.S. right, title, and interest in and to specified land to the Secretary, to be held in trust for the benefit of the Prairie Island Indian Community in Red Wing, Minnesota. Prohibits the use of such land for: (1) human habitation; (2) construction of any structure without the written approval of the District Engineer; or (3) gaming.
 
(Sec. 202) Authorizes the Confederated Tribes on the Umatilla Indian Reservation, the Muckleshoot Indian Reservation, the Prairie Band Potawatomi Nation, the Fallon Paiute Shoshone Tribes, the Yurok Tribe, and the Hopland Band of Pomo Indians of the Hopland Rancheria to grant 99-year leases of restricted lands for certain purposes.

(Sec. 203) Provides that any actual rental proceeds from the lease of land acquired under specified federal law certified by the Secretary shall be deemed: (1) to constitute the rental value of that land; and (2) to satisfy the requirement for appraisal of that land.
 

Title III: National Indian Gaming Commission Funding Amendment
 - (Sec. 301) Amends the Indian Gaming Regulatory Act (IGRA) to subject the National Indian Gaming Commission to the Government Performance and Results Act of 1993 (GPRA).
 
Requires the Commission to submit a plan to provide technical assistance to tribal gaming operations in accordance with GPRA. Revises the $8 million maximum total amount of all fees the Commission may impose during any fiscal year under the established schedule of fees. Replaces $8 million with a maximum of 0.080% of the gross gaming revenues of all gaming operations subject to regulation under IGRA. 
 

Title IV: Indian Financing
 - (Sec. 401) Amends the Indian Financing Act of 1974 to authorize the Secretary of the Interior to guarantee or insure all or any portion of a loan under the loan guaranty program to nonprofit borrowers (as well as, under current law, for-profit borrowers).
 
Revises requirements for retransfers of loans by transferees (in the secondary market).

Provides for compensation of the fiscal transfer agent.

Exempts loans made by certified Community Development Finance Institutions from the denial of eligibility for guaranty or insurance of loans made by any federal agency or instrumentality, or by an organization of Indians from funds borrowed from the United States, and loans whose interest is excluded from gross income for income tax purposes.

Increases from $500 million to $1.5 billion the limit on the aggregate amount of loans or surety bonds which are insured or guaranteed by the Secretary.
 

Title V: Native American Probate Reform Technical Amendment
 - (Sec. 501) Makes technical amendments to the Indian Land Consolidation Act, the American Indian Probate Reform Act of 2004, and other related federal law regarding the transfer and exchange of restricted Indian lands.


Legislative actions:
action_date: 2006-05-12
text: Became Public Law No: 109-221.
action_date: 2006-05-12
text: Became Public Law No: 109-221.
action_date: 2006-05-12
text: Signed by President.
action_date: 2006-05-12
text: Signed by President.
action_date: 2006-05-05
text: Presented to President.
action_date: 2006-05-05
text: Presented to President.
action_date: 2006-05-02
text: Cleared for White House.
action_date: 2006-05-02
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2006-05-02
text: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (consideration: CR H1933-1936; text as House agreed to Senate amendment: CR H1933-1935)
action_date: 2006-05-02
text: Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.(consideration: CR H1933-1936; text as House agreed to Senate amendment: CR H1933-1935)
action_date: 2006-05-02
text: DEBATE - The House proceeded with 40 minutes of debate on H.R. 3351.
action_date: 2006-05-02
text: Mr. Pearce moved that the House suspend the rules and agree to the Senate amendment.
action_date: 2006-04-07
text: Message on Senate action sent to the House.
action_date: 2006-04-07
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2006-04-07
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2006-04-07
text: Measure laid before Senate by unanimous consent. (consideration: CR S3402-3403)
action_date: 2006-04-07
text: Senate Committee on Indian Affairs discharged by Unanimous Consent.
action_date: 2006-04-07
text: Senate Committee on Indian Affairs discharged by Unanimous Consent.
action_date: 2006-01-27
text: Read twice and referred to the Committee on Indian Affairs.
action_date: 2005-11-17
text: Received in the Senate.
action_date: 2005-11-16
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-11-16
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H10317-10318)
action_date: 2005-11-16
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H10317-10318)
action_date: 2005-11-16
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3351.
action_date: 2005-11-16
text: Considered under suspension of the rules. (consideration: CR H10317-10319)
action_date: 2005-11-16
text: Mr. Renzi moved to suspend the rules and pass the bill, as amended.
action_date: 2005-11-16
text: Placed on the Union Calendar, Calendar No. 165.
action_date: 2005-11-16
text: Committee on Transportation discharged.
action_date: 2005-11-16
text: Committee on Transportation discharged.
action_date: 2005-11-16
text: Reported (Amended) by the Committee on Resources. H. Rept. 109-298, Part I.
action_date: 2005-11-16
text: Reported (Amended) by the Committee on Resources. H. Rept. 109-298, Part I.
action_date: 2005-09-22
text: Ordered to be Reported (Amended) by Unanimous Consent.
action_date: 2005-09-22
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-07-20
text: Referred to the Subcommittee on Water Resources and Environment.
action_date: 2005-07-19
text: Referred to the Committee on Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-07-19
text: Referred to the Committee on Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-07-19
text: Referred to the Committee on Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-07-19
text: Introduced in House
action_date: 2005-07-19
text: Introduced in House

Enacted as: number: 109-221