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109th Congress                                            Rept. 109-298
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
           NATIVE AMERICAN TECHNICAL CORRECTIONS ACT OF 2005

                                _______
                                

               November 16, 2005.--Ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3351]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3351) to make technical corrections to laws relating to 
Native Americans, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Native 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 AMENDMENTS AND OTHER PROVISIONS 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 inserting 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 Financing Act of 1974 
(25 U.S.C. 1484) is amended by striking ``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 UNDERLYING SECURITY.

  ``(a) In General.--All or any portion of a loan guaranteed 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 transfer 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 transfer 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 redesignated by 
        paragraph (3))--
                  (A) by striking ``Validity.--'' and all that follows 
                through ``subparagraph (B),'' and inserting 
                ``Validity.--Except as provided by regulations 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 paragraph (3))--
                  (A) by striking ``The Secretary'' and inserting 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 subsection (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 
        control of the fiscal transfer agent and before the time at 
        which the fiscal transfer agent is contractually required to 
        transfer such funds to the Secretary or to transferees or other 
        holders.''; and
          (6) in subsection (f) (as redesignated by paragraph (3))--
                  (A) by striking ``subsection (i)'' and inserting 
                ``subsection (h)''; and
                  (B) in paragraph (2)(B), by striking ``, and issuance 
                of acknowledgments,''.
  (d) Loans Ineligible for Guaranty or Insurance.--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 
Revenue Code of 1986 (except loans made by certified Community 
Development Finance Institutions)''.
  (e) Aggregate Loans or Surety Bonds Limitation.--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 ARBITRATION.

  (a) Amendments.--Subsection (f) of the first section of the Act of 
August 9, 1955 (25 U.S.C. 415(f)), is amended--
          (1) in the first sentence, by striking ``Any lease'' and all 
        that follows through ``affecting land'' and inserting ``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 subsection (a) shall take 
effect as if included in Public Law 107-159 (116 Stat. 122).

SEC. 103. ALASKA NATIVE CLAIMS SETTLEMENT ACT VOTING 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 following: 
        ``or an amendment to the articles of incorporation 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 creating the 
                following new subsection:'' and inserting ``in 
                subsection (d), by adding at the end the following:''; 
                and
                  (iii) in paragraph (3), by striking ``by creating the 
                following new subsection:'' and inserting ``by adding 
                at the end the following:''.
          (B) Section 36 of the Alaska Native Claims Settlement 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 ``Section 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 Native Claims Settlement Act (43 
U.S.C. 1601 et seq.) to a Native Corporation and reconveyed by that 
Native Corporation, 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 conveyance, shall be deemed, notwithstanding 
the conveyance or exchange, to have been conveyed pursuant to that Act.

SEC. 107. MISSISSIPPI BAND OF CHOCTAW TRANSPORTATION REIMBURSEMENT.

  The Secretary of the Interior, acting through the Bureau 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 Department 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 interest.
  ``(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 Community 
        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 Mississippi 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 Mississippi 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 purpose 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 elevation 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 remove 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 Unaffected.--Nothing in this 
section diminishes or otherwise affects the title of the State of 
Minnesota to the bed of Sturgeon Lake located within the tracts of land 
described in subsection (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 section 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 subsection (a), the land shall continue to be 
eligible for environmental 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 diminishes or 
otherwise affects the rights granted to the United States pursuant to 
letters of July 23, 1937, and November 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 Secretary 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 
depicted 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 & Flowage 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 Confederated Tribes 
        of the Umatilla Indian Reservation,'' before ``the Burns Paiute 
        Reservation,'';
          (2) by inserting ``the'' before ``Yavapai-Prescott'';
          (3) by inserting ``the Muckleshoot Indian Reservation and 
        land held in trust for the Muckleshoot Indian Tribe,'' after 
        ``the Cabazon Indian reservation,'';
          (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, Washington,'' and inserting the 
        following: ``the lands comprising the Moses Allotment Numbered 
        8 and the Moses Allotment Numbered 10, Chelan County, 
        Washington''; 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 subsection (a) shall 
apply only to any lease entered into or renewed after the date of the 
enactment of this Act.

                          Purpose of the Bill

    The purpose of H.R. 3351 is to make technical corrections 
to laws relating to Native Americans, and for other purposes.

                  Background and Need for Legislation

    H.R. 3351 makes technical corrections to laws relating to 
Native Americans and Alaska Natives. This legislation addresses 
an number of minor, non-controversial tribal issues in one 
legislative package. As ordered reported, H.R. 3351 contains 
ten proposed amendments to current law in areas relating to 
tribal sovereignty, culture and economic development.

                            Committee Action

    H.R. 3351 was introduced on July 19, 2005, by Congressman 
Richard Pombo (R-CA). The bill was referred to the Committee on 
Resources, and was also referred to the Committee on 
Transportation and Infrastructure. On September 22, 2005, the 
Resources Committee met to consider the bill. Congressman Pombo 
offered an en bloc amendment to strike the word ``shall'' in 
section 107 and insert ``is authorized and directed to enter 
into a contract in order to.'' The en bloc amendment also 
struck section 203 from the bill and conformed to the table of 
contents accordingly. The amendment was adopted by unanimous 
consent. The bill as amended was then ordered favorably 
reported to the House of Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title; table of contents

    Section 1 states the short title of the bill and lists the 
table of contents.

 TITLE I. TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE 
                               AMERICANS

Section 101. Indian Financing Act amendments

    Section 101 authorizes the implementation of a secondary 
market for the Bureau of Indian Affairs (BIA) loan guaranty 
program codified at 25 U.S.C. 1481. This provision also 
authorizes non-profit borrowers to be eligible entities for BIA 
guarantees or insurance and also increases the limit of the BIA 
guaranty loans outstanding from $500 million to $1.5 billion.

Section 102. Gila River Indian Community binding arbitration

    Section 102 amends the Act of August 9, 1955 (25 U.S.C. 
415(f)) to allow binding arbitration clauses to be included in 
all contracts affecting the land within the Gila River Indian 
Community. This language is taken from H.R. 327, introduced by 
Congressman Raul Grijalva (D-AZ) in the 109th Congress.

Section 103. Alaska Native Claims Settlement Act voting standards 
        amendment

    Section 103 amends 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. This language is taken from H.R. 1866, 
introduced by Congressman Don Young (R-AK) in the 109th 
Congress.

Section 104. Indian tribal justice technical and legal assistance

    Section 104 extends the authorization of appropriations for 
the Indian Tribal Justice Technical and Legal Assistance Act 
(25 U.S.C. 3666) until 2010.

Section 105. Tribal justice systems

    Section 105 extends the authorization of appropriations for 
the Indian Tribal Justice Act (25 U.S.C. 3621) through 2010.

Section 106. ANCSA amendment

    Section 106 clarifies that lands conveyed by the federal 
government pursuant to the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601) retain their non-taxable status after an 
exchange of land between Alaska Native Corporations.

Section 107. Mississippi Band of Choctaw transportation reimbursement

    Section 107 would authorize and direct the United States 
Department of the Interior to contract with the Mississippi 
Department of Transportation for the purpose of reimbursing the 
Mississippi Band of Choctaw for funds advanced by the tribe for 
the purposes of improving Highway 16 in Neshoba County, 
Mississippi.

Section 108. Indian Pueblo Land Act amendments

    This section clarifies the uncertainty and potential law 
enforcement jurisdiction problems on all 19 Indian Pueblo lands 
in New Mexico. This provision makes it clear that the Indian 
Pueblo tribal government has criminal jurisdiction over any 
offense committed by a member of the Pueblo or an Indian in 
general and that the U.S. has jurisdiction over any offense by 
or against an Indian not of that pueblo. The State of New 
Mexico has criminal jurisdiction over any offense committed by 
a person who is a non-Indian. This language is taken from H.R. 
600, introduced by Congressman Tom Udall (D-NM) in the 109th 
Congress.

                     TITLE II. INDIAN LAND LEASING

Section 201. Prairie Island land conveyance

    Section 201 authorizes the transfer of lands now held by 
the U.S. Army Corps of Engineers to the Department of the 
Interior to be held in trust on behalf of the Prairie Island 
Indian Community. A no-gaming clause is attached to the 
language. The existing flowage easements by the Corps are 
preserved. This language is taken from H.R. 2128, introduced by 
Congressman John Kline (R-MN) in the 109th Congress.

Section 202. Authorization of 99-year leases

    Section 202 authorizes the following lands to be added to 
the list of exceptions to the 25-year tribal business land 
lease limitation under 25 U.S.C. 415: the reservation of the 
Confederated Tribes of the Umatilla Indian Reservation; the 
Muckleshoot Indian Reservation and land held in trust for the 
Muckleshoot Indian Tribe; the lands held in trust for the 
Fallon Paiute Shoshone Tribes; the lands comprising Moses 
Allotment Numbered 8, Chelan County, Washington; land held in 
trust for the Yurok Tribe; and land held in trust for the 
Hopland Band of Pomo Indians of the Hopland Rancheria.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to make technical corrections to laws 
relating to Native Americans.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 3351--Native American Technical Corrections Act of 2005

    Summary: H.R. 3351 would make a number of changes and 
technical corrections to current laws concerning Native 
Americans. The bill would triple the maximum limit on 
outstanding principal for the Indian Guaranteed Loan program 
from $500 million to $1.5 billion. It would extend the 
authorization of appropriations for grants to Indian tribes for 
justice training and technical assistance, as well as for civil 
and criminal legal assistance grants. It also would extend the 
authorization of appropriations for an Office of Tribal Justice 
Support and for support to tribal systems. CBO estimates that 
implementing H.R. 3351 would cost $2 million in 2006 and about 
$210 million over the 2006-2010 period, assuming appropriation 
of the necessary amounts.
    H.R. 3351 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs no state, local, or tribal 
governments. Several provisions would benefit Indian tribes.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3351 is shown in the following table. 
The cost of this legislation would fall within budget functions 
450 (community and regional development) and 750 
(administration of justice).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2006    2007    2008    2009    2010
------------------------------------------------------------------------
                    SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law for
 Indian Programs Reauthorized by
 H.R. 3351:
    Estimated Authorization            6      62       2       2       2
     Level \1\..................
    Estimated Outlays...........      12      61      13       5       2
Proposed Changes:
    Increased Limit for Indian
     Guaranteed Loans Program:
        Estimated Authorization        0       2       5       5       6
         Level..................
        Estimated Outlays.......       0     (*)       2       3       5
    Technical and Legal
     Assistance for Tribal
     Justice:
        Estimated Authorization       10      10      10      11      11
         Level..................
        Estimated Outlays.......       2       5       7       9      11
    Tribal Justice Systems:
        Authorization Level.....       0       0      58      58      58
        Estimated Outlays.......       0       0      52      58      58
        Total Changes:
            Estimated                 10      12      73      74      75
             Authorization Level
            Estimated Outlays...       2       5      61      70      74
Total Spending Under H.R. 3351:
    Estimated Authorization           16      74      75      76      77
     Level......................
    Estimated Outlays...........      14      66      74      75      76
------------------------------------------------------------------------
\1\ The 2006 amount reflects appropriations provided in that year for
  affected programs by the Department of the Interior appropriations
  act. Because there is no authorization for Technical and Legal
  Assistance in 2006 and appropriations for the Department of Justice
  have not yet been enacted, the 2006 amount includes no funding for
  that program. Amounts for 2007 and later reflect specified authorized
  levels in current law for affected programs.

Note: *=less than $500,000; components may not sum to totals because of
  rounding.

    Basis of Estimated: For this estimate, CBO assumes that 
H.R. 3351 will be enacted during 2006 and that the necessary 
amounts will be appropriated for each year.

Increased limit for Indian guaranteed loans

    The Indian Guaranteed Loan program currently guarantees 
around $400 million in outstanding loans to Indian Tribes, 
Alaska Natives, and individual Indian-owned businesses to help 
develop and encourage Indian management of Indian resources. 
CBO estimates that if appropriations for the program continue 
at current rates, the outstanding value of guaranteed loans 
would reach the current statutory limit of $500 million in 
2007. After reaching that limit, the program would only be able 
to guarantee new loans to the extent that existing ones are 
repaid. Under this bill, the limit of $500 million on the value 
of outstanding loans would increase to $1.5 billion.
    Under credit reform procedures, funds must be appropriated 
in advance to cover the subsidy cost of such loan guarantees, 
measured on a present value basis. The cost of such subsidies 
depends on the volume of loans guaranteed and the risk 
associated with different types of projects. The current loan-
guarantee program has an estimated average subsidy rate of 
about 5 percent. Based on information from the department, CBO 
estimates that new guarantee commitments would average about 
$100 million a year over the next five years. Accounting for 
the gradual disbursement of new loans under those commitments, 
CBO estimates that guaranteeing new loans over the 2007-2010 
period would cost about $10 million, subject to appropriation 
of the necessary amounts.

Technical and legal assistance for tribal justice

    Section 104 could authorize the appropriation of such sums 
as may be necessary for fiscal years 2006 through 2010 to the 
Department of Justice to provide grants to support tribal 
courts and legal assistance programs. In 2005, $10 million was 
appropriated for these programs. CBO estimates that continuing 
this program at the 2005 level and adjusting for anticipated 
inflation would require appropriations of $52 million and 
result in outlays of $34 million over the five-year period.

Tribal justice systems

    Section 105 would authorize the appropriation of $58 
million a year over the 2008-2010 period for the Department of 
the Interior to provide grants to Indian tribes to support 
tribal justice systems and for the administrative expenses of 
the Office of Tribal Justice Support. These grants could be 
used to hire judicial personnel, provide technical assistance 
and training, offer victim assistance, acquire law library 
materials, and similar purposes. CBO estimates that 
implementing this provision would cost $168 million over the 
2008-2010 period, assuming the appropriation of the specified 
amounts.
    Intergovernmental and private-sector impact: H.R. 3351 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Several provisions would benefit Indian 
tribes.
    Previous CBO estimate: On April 29, 2005, CBO transmitted a 
cost estimate for S. 536, the Native American Omnibus Act of 
2005, as ordered reported by the Senate Committee on Indian 
Affairs on March 9, 2005. The total cost of implementing H.R. 
3351 would be significantly less than that for S. 536 because 
provisions from the Senate bill that would reauthorize programs 
from the Native American Programs Act of 1974 and extend the 
authorization for the Morris K. Udall Scholarship and 
Excellence Foundation are not included in H.R. 3351.
    S. 536 also includes the provision to increase the limit on 
outstanding loans for the Indian Guaranteed Loan program, but 
CBO's April 29, 2005, estimate did not include the estimated 
cost of $10 million over the 2007-2010 period for that 
provision.
    Estimate prepared by: Federal Costs: Mike Waters and Mark 
Grabowicz; Impact on State, Local and Tribal Governments: 
Marjorie Miller; Impact on the Private Sector: Selena Caldera.
    Estimate approved by: Peter H. Fontaine; Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

INDIAN FINANCING ACT OF 1974

           *       *       *       *       *       *       *



                 TITLE II--LOAN GUARANTY AND INSURANCE

  [Sec. 201. In order]

SEC. 201. LOAN GUARANTIES AND INSURANCE.

  (a) In General.--In order to provide access to private money 
sources which otherwise would not be available, [the Secretary 
is authorized (a) to guarantee] the Secretary may--
          (1) guarantee not to exceed 90 per centum of the 
        unpaid principal and interest due on any loan made to 
        any organization of Indians having a form or 
        organization satisfactory to the Secretary, and to 
        individual [Indians; and (b) in lieu of such guaranty, 
        to insure] Indians; or
          (2) to insure loans under an agreement approved by 
        the Secretary whereby the lender will be reimbursed for 
        loses in an amount not to exceed 15 per centum of the 
        aggregate of such loans made by it, but not to exceed 
        90 per centum of the loss on any one loan.
  (b) Eligible Borrowers.--The Secretary may guarantee or 
insure loans under subsection (a) to both for-profit and 
nonprofit borrowers.

           *       *       *       *       *       *       *

  [Sec. 204.]

SEC. 204. LOAN APPROVAL.

  The application for a loan to be guaranteed hereunder shall 
be submitted to the Secretary for approval. The Secretary may 
review each loan application individually and independently 
from the lender. Upon approval, the Secretary shall issue a 
certificate as evidence of the guaranty. Such certificate shall 
be issued only when, in the judgment of the Secretary, there is 
a reasonable prospect of repayment. No loan to an individual 
Indian may be guaranteed or insured which would cause the total 
unpaid principal indebtedness to exceed $500,000. No loan to an 
economic enterprise (as defined in section 3) in excess of 
$250,000, or such lower amount as the Secretary may determine 
to be appropriate, shall be insured unless prior approval of 
the loan is obtained from the Secretary.
  [Sec. 205. (a) In General.--Any loan guaranteed or insured 
under this title, including the security given for such loan, 
may be sold or assigned by the lender to any person.
  [(b) Initial Transfers.--
          [(1) In general.--The lender of a loan guaranteed or 
        insured under this title may transfer to any individual 
        or legal entity--
                  [(A) all rights and obligations of the lender 
                in the loan or in the unguaranteed or uninsured 
                portion of the loan; and
                  [(B) any security given for the loan.
          [(2) Additional requirements.--With respect to a 
        transfer described in paragraph (1)--
                  [(A) the transfer shall be consistent with 
                such regulations as the Secretary shall 
                promulgate under subsection (i); and
                  [(B) the lender shall give notice of the 
                transfer to the Secretary.
          [(3) Responsibilities of transferee.--On any transfer 
        under paragraph (1), the transferee shall--
                  [(A) be deemed to be the lender for the 
                purpose of this title;
                  [(B) become the secured party of record; and
                  [(C) be responsible for--
                          [(i) performing the duties of the 
                        lender; and
                          [(ii) servicing the loan in 
                        accordance with the terms of the 
                        guarantee by the Secretary of the loan.
  [(c) Secondary Transfers.--
          [(1) In general.--Any transferee under subsection (b) 
        of a loan guaranteed or insured under this title may 
        transfer to any individual or legal entity--
                  [(A) all rights and obligations of the 
                transferee in the loan or in the unguaranteed 
                or uninsured portion of the loan; and
                  [(B) any security given for the loan.
          [(2) Additional requirements.--With respect to a 
        transfer described in paragraph (1)--
                  [(A) the transfer shall be consistent with 
                such regulations as the Secretary shall 
                promulgate under subsection (i); and
                  [(B) the transferor shall give notice of the 
                transfer to the Secretary.
          [(3) Acknowledgment by secretary.--On receipt of a 
        notice of a transfer under paragraph (2)(B), the 
        Secretary shall issue to the transferee an 
        acknowledgment by the Secretary of--
                  [(A) the transfer; and
                  [(B) the interest of the transferee in the 
                guaranteed or insured portion of the loan.
          [(4) Responsibilities of lender.--Notwithstanding any 
        transfer permitted by this subsection, the lender 
        shall--
                  [(A) remain obligated on the guarantee 
                agreement or insurance agreement between the 
                lender and the Secretary;
                  [(B) continue to be responsible for servicing 
                the loan in a manner consistent with that 
                guarantee agreement or insurance agreement; and
                  [(C) remain the secured creditor of record.]

SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDERLYING SECURITY.

  (a) In General.--All or any portion of a loan guaranteed 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 transfer 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 transfer 
        to the Secretary.
  [(d)] (c) Full Faith and Credit.--
          (1) * * *
          (2) [Validity.--
                  [(A) In general.--Except as provided in 
                subparagraph (B),] Validity.--Except as 
                provided by regulations in effect on the date 
                on which a loan is made, the validity of a 
                guarantee or insurance of a loan under this 
                title shall be [incontestable if the 
                obligations of the guarantee or insurance held 
                by a transferee have been acknowledged under 
                subsection (c)(3).
                  [(B) Exception for fraud or 
                misrepresentation.--Subparagraph (A) shall not 
                apply in a case in which a transferee has 
                actual knowledge of fraud or misrepresentation, 
                or participates in or condones fraud or 
                misrepresentation, in connection with a loan.] 
                incontestable.
  [(e)] (d) Damages.--Notwithstanding section 3302 of title 31, 
United States Code, the Secretary may recover from a lender of 
a loan under this title any damages suffered by the Secretary 
as a result of a material breach of the obligations of the 
lender with respect to a guarantee or insurance by the 
Secretary of the loan.
  [(f)] (e) Fees.--[The Secretary]
  (1) In General.--The Secretary may collect a fee for any loan 
or guaranteed or insured portion of a loan that is transferred 
in accordance with this section.
          (2) Compensation of fiscal transfer agent.--A fiscal 
        transfer agent designated under subsection (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 control of the fiscal transfer agent 
        and before the time at which the fiscal transfer agent 
        is contractually required to transfer such funds to the 
        Secretary or to transferees or other holders.
  [(g)] (f) Central Registration of Loans.--On promulgation of 
final regulations under subsection [(i)] (h), the Secretary 
shall--
          (1) * * *
          (2) enter into 1 or more contracts with a fiscal 
        transfer agent--
                  (A) * * *
                  (B) to carry out on behalf of the Secretary 
                the central registration and fiscal transfer 
                agent functions[, and issuance of 
                acknowledgments,] under this section.
  [(h)] (g) Pooling of Loans.--
          (1) * * *

           *       *       *       *       *       *       *

  [(i)] (h) Regulations.--Not later than 180 days after the 
date of enactment of this subsection, the Secretary shall 
develop such procedures and promulgate such regulations as are 
necessary to facilitate, administer, and promote transfers of 
loans and guaranteed and insured portions of loans under this 
section.
  Sec. 206. Loans made by any agency or instrumentality of the 
Federal Government, or by an organization of Indians from funds 
borrowed from the United States, and loans the interest on 
which is not included in gross income for the purposes of 
chapter 1 of the [Internal Revenue Code of 1954, as amended,] 
Internal Revenue Code of 1986 (except loans made by certified 
Community Development Finance Institutions) shall not be 
eligible for guaranty or insurance hereunder.

           *       *       *       *       *       *       *

  Sec. 217. (a) * * *
  (b) The Secretary may use the fund for the purpose of 
fulfilling the obligations with respect to loans or surety 
bonds guaranteed or insured under this title, but the aggregate 
of such loans or surety bonds which are insured or guaranteed 
by the Secretary shall be limited to [$500,000,000] 
$1,500,000,000.

           *       *       *       *       *       *       *

                              ----------                              


                         ACT OF AUGUST 9, 1955

AN ACT To authorize the leasing of restricted Indian lands for public, 
religious, educational, recreational, residential, business, and other 
           purposes requiring the grant of long-term leases.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
any restricted Indian lands, whether tribally or individually 
owned, may be leased by the Indian owners, with the approval of 
the Secretary of the Interior, for public, religious, 
educational, recreational, residential, or business purposes, 
including the development or utilization of natural resources 
in connection with operations under such leases, for grazing 
purposes, and for those farming purposes which require the 
making of a substantial investment in the improvement of the 
land for the production of specialized crops as determined by 
said Secretary. All leases so granted shall be for a term of 
not to exceed twenty-five years, except leases of land located 
outside the boundaries of Indian reservations in the State of 
New Mexico, leases of land on the Agua Caliente (Palm Springs) 
Reservation, the Dania Reservation, the Pueblo of Santa Ana 
(with the exception of the lands known as the ``Santa Ana 
Pueblo Spanish Grant''), the reservation of the Confederated 
Tribes of the Warm Springs Reservation of Oregon, the Moapa 
Indian reservation, the Swinomish Indian Reservation, the 
Southern Ute Reservation, the Fort Mojave Reservation, the 
reservation of the Confederated Tribes of the Umatilla Indian 
Reservation, the Burns Paiute Reservation, the Kalispel Indian 
Reservation, the pueblo of Cochiti, the pueblo of Pojoaque, the 
pueblo of Tesuque, the pueblo of Zuni, the Hualapai 
Reservation, the Spokane Reservation, the San Carlos Apache 
Reservation, the Yavapai-Prescott Community Reservations, the 
Pyramid Lake Reservation, the Gila River Reservation, the 
Soboba Indian Reservation, the Viejas Indian Reservation, the 
Tulalip Indian Reservation, the Navajo Reservation, the Cabazon 
Indian Reservation, the Muckleshoot Indian Reservation and land 
held in trust for the Muckleshoot Indian Tribe, the Mille Lacs 
Reservation with respect to a lease between an entity 
established by the Mille Lacs Band of Chippewa Indians and the 
Minnesota Historical Society, leases of [the lands comprising 
the Moses Allotment Numbered 10, Chelan County, Washington,] 
the lands comprising the Moses Allotment Numbered 8 and the 
Moses Allotment Numbered 10, Chelan County, Washington, and 
lands held in trust for the Las Vegas Paiute Tribe of Indians, 
and lands held in trust for the Twenty-nine Palms Band of 
Luiseno Mission Indians, and lands held in trust for the Reno 
Sparks Indian Colony, lands held in trust for the Torres 
Martinez Desert Cahuilla Indians, lands held in trust for the 
Guidiville Band of Pomo Indians of the Guidiville Indian 
Rancheria, lands held in trust for the Confederated Tribes of 
the Umatilla Indian Reservation, lands held in trust for the 
Confederated Tribes of the Warm Springs Reservation of Oregon, 
lands held in trust for the Cherokee Nation of Oklahoma, lands 
held in trust for the Fallon Paiute Shoshone Tribes, lands held 
in trust for the Pueblo of Santa Clara, land held in trust for 
the Yurok Tribe, land held in trust for the Hopland Band of 
Pomo Indians of the Hopland Rancheria, lands held in trust for 
the Yurok Tribe, lands held in trust for the Hopland Band of 
Pomo Indians of the Hopland Rancheria, lands held in trust for 
the Confederated Tribes of the Colville Reservation, lands held 
in trust for the Cahuilla Band of Indians of California, lands 
held in trust for the confederated Tribes of the Grand Ronde 
Community of Oregon, and the lands held in trust for the 
Confederated Salish and Kootenai Tribes of the Flathead 
Reservation, Montana, and leases to the Devils Lake Sioux 
Tribe, or any organization of such tribe, of land on the Devils 
Lake Sioux Reservation, which may be for a term of not to 
exceed ninety-nine years, and except leases of land for grazing 
purposes which may be for a term not to exceed ten years. 
Leases for public, religious, educational, recreational, 
residential, or business purposes with the consent of both 
parties may include provisions authorizing their renewal for 
one additional term of not to exceed twenty-five years, and all 
leases and renewals shall be made under such terms and 
regulations as may be prescribed by the Secretary of the 
Interior. Prior to approval of any lease or extension of an 
existing lease pursuant to this section, the Secretary of the 
Interior shall first satisfy himself that adequate 
consideration has been given to the relationship between the 
use of the leased lands and the use of neighboring lands; the 
height, quality, and safety of any structures or other 
facilities to be constructed on such lands; the availability of 
police and fire protection and other services; the availability 
of judicial forums for all criminal and civil causes arising on 
the leased lands; and the effect on the environment of the uses 
to which the leased lands will be subject.

           *       *       *       *       *       *       *

  (f) [Any lease entered into under the Act of August 9, 1955 
(69 Stat. 539), as amended, or any contract entered into under 
section 2103 of the Revised Statutes (25 U.S.C. 81), as 
amended, affecting land] Any contract, including a lease, 
affecting land within the Gila River Indian Community 
Reservation may contain a provision for the binding arbitration 
of disputes arising out of such lease or contract. [Such leases 
or contracts entered into pursuant to such Acts] Such contracts 
shall be considered within the meaning of ``commerce'' as 
defined and subject to the provisions of section 1 of title 9, 
United States Code. Any refusal to submit to arbitration 
pursuant to a binding agreement for arbitration or the exercise 
of any right conferred by title 9 to abide by the outcome of 
arbitration pursuant to the provisions of chapter 1 of title 9, 
sections 1 through 14, United States Code, shall be deemed to 
be a civil action arising under the Constitution, laws or 
treaties of the United States within the meaning of section 
1331 of title 28, United States Code.

           *       *       *       *       *       *       *

                              ----------                              


ALASKA NATIVE CLAIMS SETTLEMENT ACT

           *       *       *       *       *       *       *


         PROCEDURES FOR CONSIDERING AMENDMENTS AND RESOLUTIONS

  Sec. 36. (a) * * *

           *       *       *       *       *       *       *

  (d) Voting Standards.--(1) * * *

           *       *       *       *       *       *       *

  [(d)](3) A resolution described in subsection (a)(3) of this 
section or an amendment to the articles of incorporation 
described in section 7(g)(1)(B) shall be considered to be 
approved by the shareholders of a Native Corporation if it 
receives the affirmative vote of shares representing--
          (A) a majority of the shares present or represented 
        by proxy at the meeting relating to such resolution or 
        amendment, or
          (B) an amount of shares greater than a majority of 
        the shares present or represented by proxy at the 
        meeting relating to such resolution or amendment (but 
        not greater than two-thirds of the total voting power 
        of the corporation) if the corporation establishes such 
        a level by an amendment to its articles of 
        incorporation.

           *       *       *       *       *       *       *

  (f) Substantially All of the Assets.--For purposes of this 
section and [section 1629e of this title] section 39, a Native 
Corporation shall be considered to be transferring all or 
substantially all of its assets to a Settlement Trust only if 
such assets represent two-thirds or more of the fair market 
value of the Native Corporation's total assets.

           *       *       *       *       *       *       *


                        SETTLEMENT TRUST OPTION

  Sec. 39. (a) Conveyance of Corporate Assets.--(1) * * *

           *       *       *       *       *       *       *

  (3) Conveyances made pursuant to this subsection--
          (A) * * *
          (B) shall give rise to dissenters rights to the 
        extent provided under the laws of the State only if--
                  (i) * * *
                  (ii) a shareholder vote on such transfer is 
                required by [(a)(4) of section 1629b of this 
                title] section 36(a)(4).

           *       *       *       *       *       *       *

                              ----------                              


  SECTION 337 OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2003

                    (Division F of Public Law 108-7)

  Sec. 337. Clarification of Alaska Native Settlement Trusts. 
(a) [Section 1629b of title 43, United States Code,] Section 36 
of the Alaska Native Claims Settlement Act (43 U.S.C. 1629b) is 
amended--
          (1) * * *
          (2) [by creating the following new subsection:] in 
        subsection (d), by adding at the end the following:
  ``(d)(3) A resolution described in subsection (a)(3) of this 
section shall be considered to be approved by the shareholders 
of a Native Corporation if it receives the affirmative vote of 
shares representing--
          ``(A) * * *

           *       *       *       *       *       *       *

          (3) [by creating the following new subsection:] by 
        adding at the end the following:
  ``(f) Substantially All of the Assets.--For purposes of this 
section and section 1629e of this title, a Native Corporation 
shall be considered to be transferring all or substantially all 
of its assets to a Settlement Trust only if such assets 
represent two-thirds or more of the fair market value of the 
Native Corporation's total assets.''.
  (b) [Section 1629e(a)(3) of title 43, United States Code,] 
Section 39(a)(3) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1629e(a)(3)) is amended by striking subparagraph (B) and 
inserting in its place the following:
                  ``(B) shall give rise to dissenters rights to 
                the extent provided under the laws of the State 
                only if--
                          ``(i) * * *

           *       *       *       *       *       *       *

                              ----------                              


INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE ACT OF 2000

           *       *       *       *       *       *       *


 TITLE I--TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL LEGAL 
ASSISTANCE GRANTS

           *       *       *       *       *       *       *


SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

  For purposes of carrying out the activities under this title, 
there are authorized to be appropriated such sums as are 
necessary [for fiscal years 2000 through 2004] for fiscal years 
2004 through 2010.

                     TITLE II--INDIAN TRIBAL COURTS

SEC. 201. GRANTS.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Authorization of Appropriations.--For purposes of 
carrying out the activities under this section, there are 
authorized to be appropriated such sums as are necessary [for 
fiscal years 2000 through 2004] for fiscal years 2004 through 
2010.

           *       *       *       *       *       *       *

                              ----------                              


              SECTION 201 OF THE INDIAN TRIBAL JUSTICE ACT

SEC. 201. TRIBAL JUSTICE SYSTEMS.

  (a) Office.--There is authorized to be appropriated to carry 
out the provisions of sections 101 and 102 of this Act, 
$7,000,000 for each of the fiscal years 2000 through [2007] 
2010. None of the funds provided under this subsection may be 
used for the administrative expenses of the Office.
  (b) Base Support Funding for Tribal Justice Systems.--There 
is authorized to be appropriated to carry out the provisions of 
section 103 of this Act, $50,000,000 for each of the fiscal 
years 2000 through [2007] 2010.
  (c) Administrative Expenses for Office.--There is authorized 
to be appropriated, for the administrative expenses of the 
Office, $500,000 for each of the fiscal years 2000 through 
[2007] 2010.
  (d) Administrative Expenses for Tribal Judicial 
Conferences.--There is authorized to be appropriated, for the 
administrative expenses of tribal judicial conferences, 
$500,000 for each of the fiscal years 2000 through [2007] 2010.

           *       *       *       *       *       *       *

                              ----------                              


                          ACT OF JUNE 7, 1924

  CHAP. 331.--AN ACT To quiet the title to lands within Pueblo Indian 
land grants, and for other purposes.

           *       *       *       *       *       *       *


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 interest.
  (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.

                        Committee Correspondence

                          House of Representatives,
                                    Committee on Resources,
                                  Washington, DC, October 20, 2005.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
Rayburn House Office Building, Washington, DC.
    Dear Mr. Chairman: I request your assistance in scheduling 
H.R. 3351, the Native American Technical Corrections Act of 
2005, for consideration by the House of Representatives. This 
bill was referred primarily to the Committee on Resources and 
additionally to your committee. The Committee on Resources 
ordered it favorably reported on September 22, 2005, and hopes 
to file its bill report soon.
    The basis of your referral was the inclusion of language 
from H.R. 2186, a bill transferring land from the Army Corps of 
Engineers to the Department of the Interior to be held in trust 
for the Prairie Island Indian Community in Minnesota. Although 
the Committee on Transportation and Infrastructure has not 
acted on this bill, I understand that you do not object to the 
substance of the provision.
    By allowing the Transportation and Infrastructure Committee 
to be discharged from further consideration of H.R. 3351, you 
are not waiving any jurisdiction you may have over that bill or 
H.R. 2186. I also agree that in the unlikely event that this 
bill becomes the focus of a conference committee that I will 
support your request to be represented on that conference. I 
also agree that this discharge will not serve as precedent for 
future referrals. Finally, I would be pleased to include this 
letter and your response in the bill report on H.R. 3351 to 
memorialize our agreement.
    Thank you for your consideration of my request. I look 
forward to another Congress of extraordinary cooperation 
between our committees on matters of mutual interest.
            Sincerely,
                                          Richard W. Pombo,
                                                          Chairman.
                                ------                                

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                  Washington, DC, October 21, 2005.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
Longworth Building, Washington, DC.
    Dear Mr. Chairman: Thank you for your letter regarding H.R. 
3351, the Native American Technical Corrections Act of 2005. As 
you correctly point out, this legislation also falls within the 
jurisdiction of Transportation and Infrastructure Committee.
    I understand your strong interest in moving this important 
legislation to the House Floor as soon as possible. 
Accordingly, I will support discharging the Committee on 
Transportation and Infrastructure from further consideration of 
the bill.
    I appreciate your assurances that a decision to be 
discharged from further consideration of the bill should not be 
considered as precedent for future referrals of similar 
measures or as affecting the Transportation and Infrastructure 
Committee's subject matter jurisdiction and that you would 
support the appointment of conferees from the Committee should 
a conference with the Senate become necessary. In addition, I 
appreciate your inclusion of our letters in the Committee 
Report accompanying the bill.
    I congratulate you for your leadership on H.R. 3351 and 
look forward to working with you and your colleagues as the 
legislation advances.
            Sincerely,
                                                 Don Young,
                                                          Chairman.