[109th Congress Public Law 221]
[From the U.S. Government Printing Office]
[DOCID: f:publ221.109]
[[Page 335]]
NATIVE AMERICAN TECHNICAL CORRECTIONS ACT OF 2006
[[Page 120 STAT. 336]]
Public Law 109-221
109th Congress
An Act
To make technical corrections to laws relating to Native Americans, and
for other purposes. <<NOTE: May 12, 2006 - [H.R. 3351]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Native American Technical
Corrections Act of 2006. 25 USC 1451 note.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native American
Technical Corrections Act of 2006''.
(b) Table of Contents.--The table of contents of 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. Alaska Native Claims Settlement Act technical amendment.
Sec. 102. ANCSA amendment.
Sec. 103. Mississippi Band of Choctaw transportation reimbursement.
Sec. 104. Fallon Paiute Shoshone tribes settlement.
TITLE II--INDIAN LAND LEASING
Sec. 201. Prairie Island land conveyance.
Sec. 202. Authorization of 99-year leases.
Sec. 203. Certification of rental proceeds.
TITLE III--NATIONAL INDIAN GAMING COMMISSION FUNDING AMENDMENT
Sec. 301. National Indian Gaming Commission funding amendment.
TITLE IV--INDIAN FINANCING
Sec. 401. Indian Financing Act Amendments.
TITLE V--NATIVE AMERICAN PROBATE REFORM TECHNICAL AMENDMENT
Sec. 501. Clarification of provisions and amendments relating to
inheritance of Indian lands.
TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE
AMERICANS
SEC. 101. ALASKA NATIVE CLAIMS SETTLEMENT ACT TECHNICAL AMENDMENT.
(a)(1) 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) <<NOTE: 43 USC 1629b.>> is amended--
(A) in the matter preceding paragraph (1), by striking
``Section 1629b of title 43, United States Code,'' and inserting
[[Page 120 STAT. 337]]
``Section 36 of the Alaska Native Claims Settlement Act (43
U.S.C. 1629b)'';
(B) in paragraph (2), by striking ``by creating the
following new subsection:'' and inserting ``in subsection (d),
by adding at the end the following:''; and
(C) in paragraph (3), by striking ``by creating the
following new subsection:'' and inserting ``by adding at the end
the following:''.
(2) Section 36 of the Alaska Native Claims Settlement Act (43 U.S.C.
1629b) is amended in subsection (f), by striking ``section 1629e of this
title'' and inserting ``section 39''.
(b)(1) 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) <<NOTE: 43 USC 1629e.>> 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))''.
(2) 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)''.
(c) <<NOTE: Effective date. 43 USC 1629b note. Alaska. 43 USC
1613a.>> The amendments made by this section take effect on February 20,
2003.
SEC. 102. 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. 103. MISSISSIPPI BAND OF CHOCTAW TRANSPORTATION REIMBURSEMENT.
The <<NOTE: Effective date.>> Secretary of the Interior is
authorized and directed, within the 3-year period beginning on the date
of enactment of this Act, to accept funds from the State of Mississippi
pursuant to the contract signed by the Mississippi Department of
Transportation on June 7, 2005, and by the Mississippi Band of Choctaw
Indians on June 2, 2005. The amount shall not exceed $776,965.30 and
such funds shall be deposited in the trust account numbered PL7489708 at
the Office of Trust Funds Management for the benefit of the Mississippi
Band of Choctaw Indians. 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. 104. FALLON PAIUTE SHOSHONE TRIBES SETTLEMENT.
(a) Settlement Fund.--Section 102 of the Fallon Paiute Shoshone
Indian Tribes Water Rights Settlement Act of 1990 (Public Law 101-618;
104 Stat. 3289) is amended--
(1) in subsection (C)--
(A) in paragraph (1)--
(i) by striking the matter preceding
subparagraph (a) and inserting the following:
``Notwithstanding any
[[Page 120 STAT. 338]]
conflicting provision in the original Fund plan
during Fund fiscal year 2006 or any subsequent
Fund fiscal year, 6 percent of the average
quarterly market value of the Fund during the
immediately preceding 3 Fund fiscal years
(referred to in this title as the `Annual 6
percent Amount'), plus any unexpended and
unobligated portion of the Annual 6 percent Amount
from any of the 3 immediately preceding Fund
fiscal years that are subsequent to Fund fiscal
year 2005, less any negative income that may
accrue on that portion, may be expended or
obligated only for the following purposes:''; and
(ii) by adding at the end the following:
``(g) Fees and expenses incurred in connection with the
investment of the Fund, for investment management, investment
consulting, custodianship, and other transactional services or
matters.''; and
(B) by striking paragraph (4) and inserting the
following:
``(4) No monies from the Fund other than the amounts authorized
under paragraphs (1) and (3) may be expended or obligated for any
purpose.
``(5) Notwithstanding any conflicting provision in the original Fund
plan, during Fund fiscal year 2006 and during each subsequent Fund
fiscal year, not more than 20 percent of the Annual 6 percent Amount for
the Fund fiscal year (referred to in this title as the `Annual 1.2
percent Amount') may be expended or obligated under paragraph (1)(c) for
per capita distributions to tribal members, except that during each Fund
fiscal year subsequent to Fund fiscal year 2006, any unexpended and
unobligated portion of the Annual 1.2 percent Amount from any of the 3
immediately preceding Fund fiscal years that are subsequent to Fund
fiscal year 2005, less any negative income that may accrue on that
portion, may also be expended or obligated for such per capita
payments.''; and
(2) in subsection (D), by adding at the end the following:
``Notwithstanding any conflicting provision in the original Fund
plan, the Fallon Business Council, in consultation with the
Secretary, shall promptly amend the original Fund plan for
purposes of conforming the Fund plan to this title and making
nonsubstantive updates, improvements, or corrections to the
original Fund plan.''.
(b) Definitions.--Section 107 of the Fallon Paiute Shoshone Indian
Tribes Water Rights Settlement Act of 1990 (Public Law 101-618; 104
Stat. 3293) is amended--
(1) by redesignating subsections (D), (E), (F), and (G) as
subsections (F), (G), (H), and (I), respectively; and
(2) by striking subsections (B) and (C) and inserting the
following:
``(B) the term `Fund fiscal year' means a fiscal year of the
Fund (as defined in the Fund plan);
``(C) the term `Fund plan' means the plan established under
section 102(F), including the original Fund plan (the `Plan for
Investment, Management, Administration and Expenditure dated
December 20, 1991') and all amendments of the Fund plan under
subsection (D) or (F)(1) of section 102;
[[Page 120 STAT. 339]]
``(D) the term `income' means the total net return from the
investment of the Fund, consisting of all interest, dividends,
realized and unrealized gains and losses, and other earnings,
less all related fees and expenses incurred for investment
management, investment consulting, custodianship and
transactional services or matters;
``(E) the term `principal' means the total amount
appropriated to the Fallon Paiute Shoshone Tribal Settlement
Fund under section 102(B);''.
TITLE II--INDIAN LAND LEASING
SEC. 201. PRAIRIE ISLAND LAND <<NOTE: Minnesota.>> 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 <<NOTE: Deadline.>> 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.
[[Page 120 STAT. 340]]
(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 striking ``Moapa Indian reservation'' and inserting
``Moapa Indian Reservation'';
(2) by inserting ``the Confederated Tribes of the Umatilla
Indian Reservation,'' before ``the Burns Paiute Reservation'';
(3) by inserting ``the'' before ``Yavapai-Prescott'';
(4) by inserting ``the Muckleshoot Indian Reservation and
land held in trust for the Muckleshoot Indian Tribe,'' after
``the Cabazon Indian Reservation,'';
(5) by striking ``lands comprising the Moses Allotment
Numbered 10, Chelan County, Washington,,'' and inserting ``the
lands comprising the Moses Allotment Numbered 8 and the Moses
Allotment Numbered 10, Chelan County, Washington,'';
(6) by inserting ``land held in trust for the Prairie Band
Potawatomi Nation,'' before ``lands held in trust for the
Cherokee Nation of Oklahoma'';
(7) by inserting ``land held in trust for the Fallon Paiute
Shoshone Tribes,'' before ``lands held in trust for the Pueblo
of Santa Clara''; and
(8) 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,''.
[[Page 120 STAT. 341]]
(b) <<NOTE: 25 USC 415 note.>> Effective Date.--The amendments made
by subsection (a) shall apply to any lease entered into or renewed after
the date of enactment of this Act.
SEC. 203. <<NOTE: 25 USC 494a.>> CERTIFICATION OF RENTAL PROCEEDS.
Notwithstanding any other provision of law, any actual rental
proceeds from the lease of land acquired under the first section of the
Act entitled ``An Act to provide for loans to Indian tribes and tribal
corporations, and for other purposes'' (25 U.S.C. 488) certified by the
Secretary of the Interior 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. NATIONAL INDIAN GAMING COMMISSION FUNDING AMENDMENT.
(a) Powers of the Commission.--Section 7 of the Indian Gaming
Regulatory Act (25 U.S.C. 2706) is amended by adding at the end the
following:
``(d) Application of Government Performance and Results Act.--
``(1) In general.--In carrying out any action under this
Act, the Commission shall be subject to the Government
Performance and Results Act of 1993 (Public Law 103-62; 107
Stat. 285).
``(2) Plans.--In addition to any plan required under the
Government Performance and Results Act of 1993 (Public Law 103-
62; 107 Stat. 285), the Commission shall submit a plan to
provide technical assistance to tribal gaming operations in
accordance with that Act.''.
(b) Commission Funding.--Section 18(a)(2) of the Indian Gaming
Regulatory Act (25 U.S.C. 2717(a)(2)) is amended by striking
subparagraph (B) and inserting the following:
``(B) The total amount of all fees imposed during
any fiscal year under the schedule established under
paragraph (1) shall not exceed 0.080 percent of the
gross gaming revenues of all gaming operations subject
to regulation under this Act.''.
TITLE IV--INDIAN FINANCING
SEC. 401. INDIAN FINANCING ACT AMENDMENTS.
(a) In General.--Section 201 of the Indian Financing Act of 1974 (25
U.S.C. 1481) is amended--
(1) by striking ``Sec. 201. In order'' and inserting the
following:
``SEC. 201. LOAN GUARANTIES AND INSURANCE.
``(a) In General.--In order'';
(2) by striking ``the Secretary is authorized (a) to
guarantee'' and inserting ``the Secretary may--
``(1) guarantee'';
[[Page 120 STAT. 342]]
(3) by striking ``members; and (b) in lieu of such guaranty,
to insure'' and inserting ``members; or
``(2) insure''; 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) 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 subsection (c) (as redesignated by paragraph (3)), by
striking paragraph (2) and inserting the following:
``(2) Validity.--Except as provided in 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.'';
(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,''.
(c) Loans Ineligible for Guaranty or Insurance.--Section 206 of the
Indian Financing Act of 1974 (25 U.S.C. 1486) is amended
[[Page 120 STAT. 343]]
by inserting ``(not including an eligible Community Development Finance
Institution)'' after ``Government''.
(d) 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''.
TITLE V--NATIVE AMERICAN PROBATE REFORM TECHNICAL AMENDMENT
SEC. 501. CLARIFICATION OF PROVISIONS AND AMENDMENTS RELATING TO
INHERITANCE OF INDIAN LANDS.
(a) Clarifications Relating to Applicable Laws.--
(1) In general.--Section 207(g)(2) of the Indian Land
Consolidation Act (25 U.S.C. 2206(g)(2)) is amended--
(A) in the matter preceding subparagraph (A), by
striking ``described in paragraph (1)'' and inserting
``specified in paragraph (1)''; and
(B) in subparagraph (B), by striking ``identified in
Federal law'' and inserting ``identified in such law''.
(2) Limitation on effect of paragraph.--Section 207(g) of
the Indian Land Consolidation Act (25 U.S.C. 2206(g)) is amended
by striking paragraph (3) and inserting the following:
``(3) Limitation on effect of paragraph.--Except to the
extent that this Act would amend or otherwise affect the
application of a Federal law specified or described in paragraph
(1) or (2), nothing in paragraph (2) limits the application of
this Act to trust or restricted land, interests in such land, or
any other trust or restricted interests or assets.''.
(b) Transfer and Exchange; Land for Which Patents Have Been Executed
and Delivered.--
(1) Transfer and exchange of land.--Section 4 of the Act of
June 18, 1934 (25 U.S.C. 464), is amended to read as follows:
``SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LANDS AND SHARES OF
INDIAN TRIBES AND CORPORATIONS.
``Except as provided in this Act, no sale, devise, gift, exchange,
or other transfer of restricted Indian lands or of shares in the assets
of any Indian tribe or corporation organized under this Act shall be
made or approved: Provided, That such lands or interests may, with the
approval of the Secretary of the Interior, be sold, devised, or
otherwise transferred to the Indian tribe in which the lands or shares
are located or from which the shares were derived, or to a successor
corporation: Provided further, That, subject to section 8(b) of the
American Indian Probate Reform Act of 2004 (Public Law 108-374; 25
U.S.C. 2201 note), lands and shares described in the preceding proviso
shall descend or be devised to any member of an Indian tribe or
corporation described in that proviso or to an heir or lineal descendant
of such a member in accordance with the Indian Land Consolidation Act
(25 U.S.C. 2201 et seq.), including a tribal probate code approved, or
regulations promulgated under, that Act: Provided further, That the
Secretary of the Interior may authorize any voluntary exchanges of lands
of equal value and the voluntary exchange of shares of equal value
whenever such exchange, in the judgment of the Secretary,
[[Page 120 STAT. 344]]
is expedient and beneficial for or compatible with the proper
consolidation of Indian lands and for the benefit of cooperative
organizations.''.
(2) Land for which patents have been executed and
delivered.--Section 5 of the Act of February 8, 1887 (25 U.S.C.
348) is amended in the second proviso by striking ``That'' and
inserting ``That, subject to section 8(b) of the American Indian
Probate Reform Act of 2004 (Public Law 108-374; 118 Stat.
1810),''.
(3) Effective dates.--Section 8 of the American Indian
Probate Reform Act of 2004 (25 U.S.C. 2201 note; 118 Stat. 1809)
is amended by striking subsection (b) and inserting the
following:
``(b) Effective Dates.--
``(1) In general.--Except as provided in paragraph (2), the
amendments made by this Act apply on and after the date that is
1 year after the date on which the Secretary makes the
certification required under subsection (a)(4).
``(2) Exceptions.--The following provisions of law apply as
of the date of enactment of this Act:
``(A) Subsections (e) and (f) of section 207 of the
Indian Land Consolidation Act (25 U.S.C. 2206) (as
amended by this Act).
``(B) Subsection (g) of section 207 of the Indian
Land Consolidation Act (25 U.S.C. 2206) (as in effect on
March 1, 2006).
``(C) The amendments made by section 4, section 5,
paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10),
and (11) of section 6(a), section 6(b)(3), and section 7
of this Act.''.
(c) <<NOTE: 25 USC 348 note.>> Effective Date of Amendments.--The
amendments made by subsection (b) shall take effect as if included in
the enactment of the American Indian Probate Reform Act of 2004 (Public
Law 108-374; 118 Stat. 1773).
Approved May 12, 2006.
LEGISLATIVE HISTORY--H.R. 3351:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 109-228, Pt. 1 (Comm. on Resources).
CONGRESSIONAL RECORD:
Vol. 151 (2005):
Nov. 16, considered and passed
House.
Vol. 152 (2006):
Apr. 7, considered and passed
Senate, amended.
May 2, House concurred in Senate
amendment.
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