S. 536

Native American Omnibus Act of 2005

Latest
        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 536 Reported in Senate (RS)]

Calendar No. 100
109th CONGRESS
1st Session
S. 536

[Report No. 109-67]

To make technical corrections to laws relating to Native Americans, and
for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 7, 2005

Mr. McCain (for himself and Mr. Dorgan) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs

May 12, 2005

Reported by Mr. McCain, without amendment

_______________________________________________________________________

A BILL

To make technical corrections to laws relating to Native Americans, and
for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Native American
Omnibus Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--TECHNICAL AMENDMENTS TO LAWS RELATING TO NATIVE AMERICANS

Subtitle A--General Provisions

Sec. 101. Indian Financing Act amendments.
Sec. 102. Indian tribal justice technical and legal assistance.
Sec. 103. Tribal justice systems.
Sec. 104. Indian Pueblo Land Act amendments.
Sec. 105. Prairie Island land conveyance.
Sec. 106. Binding arbitration for Gila River Indian Community
reservation contracts.
Sec. 107. Puyallup Indian Tribe land claims settlement amendments.
Sec. 108. Definition of Native American.
Sec. 109. Fallon Paiute Shoshone Tribes settlement.
Sec. 110. Washoe tribe of Nevada and California land conveyance.
Sec. 111. Indian arts and crafts.
Sec. 112. Colorado River Indian Reservation boundary correction.
Sec. 113. Native American Programs Act of 1974.
Sec. 114. Research and educational activities.
Subtitle B--Indian Education Provisions

Sec. 121. Definition of Indian student count.
Sec. 122. Native Nations leadership, management, and policy.
Subtitle C--Border Preparedness

Sec. 131. Border preparedness on Indian land.
TITLE II--OTHER AMENDMENTS TO LAWS RELATING TO NATIVE AMERICANS

Subtitle A--Indian Land Leasing

Sec. 201. Authorization of 99-year leases.
Sec. 202. Certification of rental proceeds.
Subtitle B--Navajo Health Contracting

Sec. 211. Navajo health contracting.
Subtitle C--Probate Technical Correction

Sec. 221. Probate reform.

SEC. 2. DEFINITION OF SECRETARY.

In this Act, the term ``Secretary'' means the Secretary of the
Interior.

TITLE I--TECHNICAL AMENDMENTS TO LAWS RELATING TO NATIVE AMERICANS

Subtitle A--General Provisions

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 ``members; and (b) in lieu of such
guaranty, to insure'' and inserting ``members; 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 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 inserting
``(not including an eligible Native American owned or operated
Community Development Finance Institution)'' after ``Government''.
(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. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE.

Sections 106 and 201(d) of the Indian Tribal Justice Technical and
Legal Assistance Act (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. 103. 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. 104. INDIAN PUEBLO LAND ACT AMENDMENTS.

(a) In General.--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 as 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 of another Indian tribe,
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 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 an Indian tribe, which offense is not subject to
the jurisdiction of the United States.''.

SEC. 105. 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, 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 to
the Secretary of War and the letters of the Secretary of War in
response to the Secretary dated August 18, 1937, and November 27, 1937,
under which the Secretary 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. 106. BINDING ARBITRATION FOR GILA RIVER INDIAN COMMUNITY
RESERVATION CONTRACTS.

(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--
(A) by striking ``Any lease'' and all that follows
through ``affecting land'' and inserting ``Any
contract, including a lease, affecting land''; and
(B) by striking ``such lease or contract'' and
inserting ``such contract''; 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 the Act of August 9, 1955 (69 Stat. 539,
chapter 615) and Public 107-159 (116 Stat. 122).

SEC. 107. PUYALLUP INDIAN TRIBE LAND CLAIMS SETTLEMENT AMENDMENTS.

(a) In General.--The Secretary shall--
(1) accept the conveyance of the parcels of land within the
Puyallup Reservation described in subsection (b); and
(2) hold the land in trust for the benefit of the Puyallup
Indian Tribe.
(b) Land Description.--The parcels of land referred to in
subsection (a) are as follows:
(1) Parcel a.--Lot B, boundary line adjustment 9508150496:
according to the map thereof recorded August 15, 1995, records
of Pierce County Auditor, situate in the city of Fife, county
of Pierce, State of Washington.
(2) Parcel b.--Lots 3 and 4, Pierce County Short Plat No.
8908020412: according to the map thereof recorded August 2,
1989, records of Pierce County Auditor, together with portion
of SR 5 abutting lot 4, conveyed by deed recorded under
recording number 9309070433, described as follows:
That portion of Government lot 1, sec. 07, T. 20 N., R. 4
E., of the Willamette Meridian, described as commencing at
Highway Engineer's Station (hereinafter referred to as HES) AL
26 6+38.0 P.O.T. on the AL26 line survey of SR 5, Tacoma to
King County line: Thence S8854'30" E., along the north line of
said lot 1 a distance of 95 feet to the true point of
beginning: Thence S0105'30" W87.4' feet: Thence westerly to a
point opposite HES AL26 5+50.6 P.O.T. on said AL26 line survey
and 75 feet easterly therefrom; Thence northwesterly to a point
opposite AL26 5+80.6 on said AL26 line survey and 55 feet
easterly therefrom: Thence northerly parallel with said line
survey to the north line of said lot 1: Thence N8854'30" E.,
to the true point of beginning.
Except that portion of lot 4 conveyed to the State of
Washington by deed recorded under recording number 9308100165
and more particularly described as follows:
Commencing at the northeast corner of said lot 4: Thence
N8953'30" W., along the north line of said lot 4 a distance of
147.44 feet to the true point of beginning and a point of
curvature; thence southwesterly along a curve to the left, the
center of which bears S006'30" W., 55.00 feet distance,
through a central angle of 8901'00", an arc distance of 85.45
feet; Thence S0105'30" W., 59.43 feet; Thence N8854'30" W.,
20.00 feet to a point on the westerly line of said lot 4;
Thence N057'10" E., along said westerly line 113.15 feet to
the northwest corner of said lot 4; Thence S8953'30" east
along said north line, a distance of 74.34 feet to the true
point of beginning.
Chicago Title Insurance Company Order No. 4293514 Lot A
boundary line adjustment recorded under Recording No.
9508150496. According to the map thereof recorded August 15,
1995, records of Pierce County Auditor.
Situate in the city of Fife, county of Pierce, State of
Washington.
(3) Additional lots.--Any lots acquired by the Tribe
located in block 7846, 7850, 7945, 7946, 7949, 7950, 8045, or
8049 in the Indian Addition to the city of Tacoma, State of
Washington.

SEC. 108. DEFINITION OF NATIVE AMERICAN.

Section 2(9) of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001(9)) is amended--
(1) by inserting ``or was'' after ``is''; and
(2) by inserting after ``indigenous to'' the following:
``any geographic area that is now located within the boundaries
of''.

SEC. 109. FALLON PAIUTE SHOSHONE TRIBES SETTLEMENT.

(a) Settlement Fund.--Section 102 of the Fallon Paiute Shoshone
Indian Tribes Water Rights Settlement Act of 1990 (104 Stat. 3289) is
amended--
(1) in subsection (C)--
(A) in paragraph (1)--
(i) by striking ``The income of the Fund
may be obligated and expended only for the
following purposes:'' and inserting the
following: ``Notwithstanding any conflicting
provision in the original Fund plan during Fund
fiscal year 2004 and during each 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 2003, 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 2004 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 2004, 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 2003, 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 (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;
``(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);''.

SEC. 110. WASHOE TRIBE OF NEVADA AND CALIFORNIA LAND CONVEYANCE.

Section 2 of Public Law 108-67 (117 Stat. 880) is amended by
striking ``the parcel'' and all that follows and inserting ``a portion
of Lots 3 and 4, as shown on the United States and Encumbrance Map
revised January 10, 1991, for the Toiyabe National Forest, Ranger
District Carson -1, located in the S \1/2\ of NW \1/4\ and N \1/2\ of
SW \1/4\ of the SE \1/4\ of sec. 27, T. 15N, R. 18E, Mt. Diablo Base
and Meridian, comprising 24.3 acres.''.

SEC. 111. INDIAN ARTS AND CRAFTS.

(a) Criminal Proceedings; Civil Actions; Misrepresentations.--
Section 5 of the Indian Arts and Crafts Act of 1990 (25 U.S.C. 305d) is
amended to read as follows:

``SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS.

``(a) Definition of Federal Law Enforcement Officer.--In this
section, the term `Federal law enforcement officer' has the meaning
given the term in section 115(c) of title 18, United States Code.
``(b) Criminal Proceedings.--
``(1) Referral.--On receiving a complaint of a violation of
section 1159 of title 18, United States Code, the Board may
refer the complaint to any Federal law enforcement officer for
appropriate investigation.
``(2) Findings.--The findings of an investigation under
paragraph (1) shall be submitted to--
``(A) the Attorney General; and
``(B) the Board.
``(3) Recommendations.--On receiving the findings of an
investigation in accordance with paragraph (2), the Board may--
``(A) recommend to the Attorney General that
criminal proceedings be initiated under section 1159 of
that title; and
``(B) provide such support to the Attorney General
relating to the criminal proceedings as the Attorney
General determines appropriate.
``(c) Civil Actions.--In lieu of, or in addition to, any criminal
proceeding under subsection (a), the Board may recommend that the
Attorney General initiate a civil action pursuant to section 6.''.
(b) Section 6 of the Indian Arts and Crafts Act of 1990 (25 U.S.C.
305e) is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively;
(3) by inserting before subsection (b) (as redesignated by
paragraph (2)) the following:
``(a) Definitions.--In this section:
``(1) Indian.--The term `Indian' means an individual that--
``(A) is a member of an Indian tribe; or
``(B) is certified as an Indian artisan by an
Indian tribe.
``(2) Indian product.--The term `Indian product' has the
meaning given the term in any regulation promulgated by the
Secretary.
``(3) Indian tribe.--
``(A) In general.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
``(B) Inclusion.--The term `Indian tribe' includes
an Indian group that has been formally recognized as an
Indian tribe by--
``(i) a State legislature;
``(ii) a State commission; or
``(iii) another similar organization vested
with State legislative tribal recognition
authority.
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior.'';
(4) in subsection (c) (as redesignated by paragraph (2))--
(A) by striking ``of this section''; and
(B) by striking ``suit'' and inserting ``the civil
action'';
(5) by striking subsection (d) (as redesignated by
paragraph (2)) and inserting the following:
``(d) Persons That May Initiate Civil Actions.--
``(1) In general.--A civil action under subsection (b) may
be initiated by--
``(A) the Attorney General, at the request of the
Secretary acting on behalf of--
``(i) an Indian tribe;
``(ii) an Indian; or
``(iii) an Indian arts and crafts
organization;
``(B) an Indian tribe, acting on behalf of--
``(i) the tribe;
``(ii) a member of that tribe; or
``(iii) an Indian arts and crafts
organization;
``(C) an Indian; or
``(D) an Indian arts and crafts organization.
``(2) Disposition of amounts recovered.--
``(A) In general.--Except as provided in
subparagraph (B), an amount recovered in a civil action
under this section shall be paid to the Indian tribe,
the Indian, or the Indian arts and crafts organization
on the behalf of which the civil action was initiated.
``(B) Exceptions.--
``(i) Attorney general.--In the case of a
civil action initiated under paragraph (1)(A),
the Attorney General may deduct from the
amount--
``(I) the amount of the cost of the
civil action and reasonable attorney's
fees awarded under subsection (c), to
be deposited in the Treasury and
credited to appropriations available to
the Attorney General on the date on
which the amount is recovered; and
``(II) the amount of the costs of
investigation awarded under subsection
(c), to reimburse the Board for the
activities of the Board relating to the
civil action.
``(ii) Indian tribe.--In the case of a
civil action initiated under paragraph (1)(B),
the Indian tribe may deduct from the amount--
``(I) the amount of the cost of the
civil action; and
``(II) reasonable attorney's
fees.'';
(6) in subsection (e), by striking ``(e) In the event
that'' and inserting the following:
``(e) Savings Provision.--If''; and
(7) by striking subsection (f) and inserting the following:
``(f) Regulations.--Not later than 180 days after the date of
enactment of the Native American Omnibus Act of 2005, the Board shall
promulgate regulations to include in the definition of the term `Indian
product' examples of each Indian product to provide guidance and notice
to Indian artisans, suppliers of the artisans, and consumers of Indian
arts and crafts.''.
(c) Conforming Amendment.--Section 1159(c) of title 18, United
States Code, is amended by striking paragraph (3) and inserting the
following:
``(3) the term `Indian tribe'--
``(A) has the meaning given the term in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b); and
``(B) includes an Indian group that has been
formally recognized as an Indian tribe by--
``(i) a State legislature;
``(ii) a State commission; or
``(iii) another similar organization vested
with State legislative tribal recognition
authority; and''.

SEC. 112. COLORADO RIVER INDIAN RESERVATION BOUNDARY CORRECTION.

(a) Findings.--Congress finds that--
(1) the Act of March 3, 1865, created the Colorado River
Indian Reservation along the Colorado River in Arizona and
California for the ``Indians of said river and its
tributaries'';
(2) in 1873 and 1874, President Grant issued Executive
orders to expand the Reservation southward and to secure the
southern boundary of the Reservation at a clearly recognizable
geographic location in order to forestall encroachment by non-
Indians and conflicts with the Indians of the Reservation;
(3) in 1875, Chandler Robbins conducted the Robbins Survey,
delineating the new southern boundary of the Reservation, which
included the La Paz land as part of the Reservation;
(4) on May 15, 1876, President Grant issued an Executive
order establishing the boundaries of the Reservation as the
boundaries delineated by the Robbins Survey;
(5) in 1907, as a result of increasingly frequent
trespasses by miners and cattle and at the request of the
Bureau of Indian Affairs, the General Land Office provided for
a resurvey of the southern and southeastern areas of the
Reservation;
(6) in 1914, the General Land Office accepted and approved
the Harrington Survey, which confirmed the boundaries that were
delineated by the Robbins Survey and established by Executive
order in 1876;
(7) on November 19, 1915, the Secretary of the Interior
reversed the decision of the General Land Office to accept the
Harrington Survey, and, on the recommendation of the Secretary
on November 22, 1915, President Wilson issued Executive Order
2273 to correct the error in location of the southern boundary
line of the Reservation, effectively excluding the La Paz land
from the Reservation;
(8) historical evidence compiled by the Department of the
Interior supports the conclusion that--
(A) the recommendation of the Secretary in 1915
that the President issue an Executive order to correct
an error in locating the southern boundary was in
error; and
(B) the La Paz land should not have been excluded
from the Reservation; and
(9) the La Paz land continues to hold cultural and
historical significance, as well as economic development
potential, for the Tribe, which has consistently sought to have
the La Paz land restored to the Reservation.
(b) Purposes.--The purposes of this section are--
(1) to correct the south boundary of the Reservation by
reestablishing the boundary as the boundary was delineated by
the Robbins Survey and affirmed by the Harrington Survey;
(2) to restore the La Paz land to the Reservation, subject
to Federal law;
(3) to provide for continued public access to the La Paz
land for recreational purposes; and
(4) to require the Secretary to ensure that the Reservation
boundary, as corrected by this section, is resurveyed and
marked in accordance with the public system of surveys extended
over the land.
(c) Definitions.--In this section:
(1) Harrington survey.--The term ``Harrington Survey''
means the survey of the Reservation conducted by Guy Harrington
in 1912.
(2) La paz land.--The term ``La Paz land'' means the
approximately 16,000 acres attributed to the Reservation by the
Robbins Survey.
(3) Map.--The term ``Map'' means the map prepared by the
Secretary, acting through the Bureau of Land Management,
entitled ``Colorado River Indian Reservation Boundary
Correction'' and dated January 4, 2005.
(4) Reservation.--The term ``Reservation'' means the
Colorado River Indian Reservation.
(5) Robbins survey.--The term ``Robbins Survey'' means the
survey of the Reservation conducted by Chandler Robbins in
1875.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Tribe.--The term ``Tribe'' includes any tribe a member
of which resides on the Reservation.
(d) Boundary Correction.--
(1) In general.--The boundaries of the Reservation shall
include the boundaries that were delineated by the Robbins
Survey, affirmed by the Harrington Survey, including the
approximately 15,375 acres of Federal land described as ``Land
Identified for Transfer to Colorado River Indian Tribes'' on
the Map.
(2) Review.--The Map shall be available for review at the
Bureau of Land Management.
(3) Resurvey and marking.--The Secretary shall ensure that
the boundary described in paragraph (1) is surveyed and clearly
marked in accordance with the public system of surveys extended
over the land.
(e) Restoration of Rights, Title, and Interest.--
(1) In general.--Subject to paragraph (2) and other
provisions of Federal law, all right, title, and interest of
the United States to the land in the boundaries described in
subsection (d)(1) that were excluded from the Reservation
pursuant to Executive Order 2273 (relating to the southern
boundary line of the Reservation)--
(A) are restored to the Reservation; and
(B) shall be held in trust by the United States on
behalf of the Tribe.
(2) Exclusions.--
(A) State land.--The 2 parcels of land belonging to
the State of Arizona (totaling 320 acres and 520 acres,
respectively) that are identified on the Map as ``State
Land'' shall be excluded from the land described in
paragraph (1).
(B) Water rights.--The land described in subsection
(d)(1) shall not include any Federal reserve water
right to surface water or ground water from any source.
(C) Public access.--The public shall have continued
access to the land described in subsection (d)(1) for
hunting and other recreational purposes in existence on
the date of enactment of this Act, in accordance with
any rule or regulation promulgated by the Tribe.
(D) Economic activity.--
(i) In general.--The land described in
subsection (d)(1) shall be subject to any
right-of-way, easement, lease, or mining claim
in existence on the date of enactment of this
Act.
(ii) Reclamation projects.--The United
States reserves the right to continue any
reclamation project relating to the land
described in subsection (d)(1) in existence on
the date of enactment of this Act, including
the right to access and remove mineral
materials for maintenance of the Colorado
River.
(iii) Additional rights-of-way.--
Notwithstanding any other provision of law, the
Secretary, in consultation with the Tribe,
shall grant any additional right-of-way
(including an expansion or renewal of an
existing right-of-way) for a road, utility, or
another accommodation to an adjoining landowner
or holder of a right-of-way (or their
successors and assigns) if the Secretary
determines that--
(I) the proposed right-of-way is
necessary to the applicant;
(II) the acquisition of the
proposed right-of-way will not cause
significant harm to the Tribe; and
(III) the proposed right-of-way--
(aa) complies with part 169
of title 25, Code of Federal
Regulations; and
(bb) is consistent with
this subsection and other
generally applicable Federal
laws unrelated to the
acquisition of interests on
trust land.
(iv) Exception for roads and utilities.--
Section 169.3 of title 25, Code of Federal
Regulations, shall not apply to the expansion
or renewal of a right-of-way in existence on
the date of enactment of this Act for a road or
utility.
(v) Fees.--If the holder of a lease,
easement, or right-of-way substantially
complies with all terms of the lease, easement,
or right-of-way, the fees charged for the
renewal of the lease, easement, or right-of-way
under this section shall be not greater than
the applicable Federal rate for such a lease,
easement, or right-of-way at the time of the
renewal.
(f) Gaming.--Land taken into trust under this section shall not--
(1) be considered to have been taken into trust for gaming;
or
(2) be used for gaming (as that term is used in the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).

SEC. 113. NATIVE AMERICAN PROGRAMS ACT OF 1974.

(a) Intra-Departmental Council on Native American Affairs.--Section
803B(d)(1) of the Native American Programs Act of 1974 (42 U.S.C.
2991b-2(d)(1)) is amended by striking ``There'' and all that follows
and inserting the following: ``There is established in the Office of
the Secretary the Intra-Departmental Council on Native American
Affairs. The Commissioner and the Director of the Indian Health Service
shall serve as co-chairpersons of the Council. The co-chairpersons
shall advise the Secretary on all matters affecting Native Americans
that involve the Department.''.
(b) Authorization of Appropriations.--Section 816 of the Native
American Programs Act of 1974 (42 U.S.C. 2992d) is amended--
(1) by striking subsections (a) through (c) and inserting
the following:
``(a) In General.--There are authorized to be appropriated--
``(1) to carry out section 803(d), $8,000,000 for each of
fiscal years 2006 through 2010; and
``(2) to carry out provisions of this title other than
section 803(d) and any other provision having an express
authorization of appropriations, such sums as are necessary for
each of fiscal years 2006 through 2010.
``(b) Limitation.--Not less than 90 percent of the funds made
available to carry out this title for a fiscal year (other than funds
made available to carry out sections 803(d), 803A, 803C, and 804, and
any other provision of this title having an express authorization of
appropriations) shall be expended to carry out section 803(a).'';
(2) by redesignating subsection (d) as subsection (c); and
(3) by striking subsection (e).
(c) Reports.--Section 811A of the Native American Programs Act of
1974 (42 U.S.C. 2992-1) is amended--
(1) by striking the section heading and all that follows
through ``each year,'' and inserting the following:

``SEC. 811A. REPORTS.

``Every 5 years, the Secretary shall''; and
(2) by striking ``an annual report'' and inserting ``a
report''.

SEC. 114. RESEARCH AND EDUCATIONAL ACTIVITIES.

Section 7205(a)(3) of the Native Hawaiian Education Act (20 U.S.C.
7515(a)(3)) is amended--
(1) by redesignating subparagraphs (K) and (L) as
subparagraphs (L) and (M), respectively; and
(2) by inserting after subparagraph (J) the following:
``(K) research and educational activities relating
to Native Hawaiian law;''.

Subtitle B--Indian Education Provisions

SEC. 121. DEFINITION OF INDIAN STUDENT COUNT.

Section 117(h) of the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2327(h)) is amended by striking
paragraph (2) and inserting the following:
``(2) Indian student count.--
``(A) In general.--The term `Indian student count'
means a number equal to the total number of Indian
students enrolled in each tribally-controlled
postsecondary vocational and technical institution, as
determined in accordance with subparagraph (B).
``(B) Determination.--
``(i) Enrollment.--For each academic year,
the Indian student count shall be determined on
the basis of the enrollments of Indian students
as in effect at the conclusion of--
``(I) in the case of the fall term,
the third week of the fall term; and
``(II) in the case of the spring
term, the third week of the spring
term.
``(ii) Calculation.--For each academic
year, the Indian student count for a tribally-
controlled postsecondary vocational and
technical institution shall be the quotient
obtained by dividing--
``(I) the sum of the credit-hours
of all Indian students enrolled in the
tribally-controlled postsecondary
vocational and technical institution
(as determined under clause (i));
divided by
``(II) 12.
``(iii) Summer term.--Any credit earned in
a class offered during a summer term shall be
counted in the determination of the Indian
student count for the succeeding fall term.
``(iv) Students without secondary school
degrees.--
``(I) In general.--A credit earned
at a tribally-controlled postsecondary
vocational and technical institution by
any Indian student that has not
obtained a secondary school degree (or
the recognized equivalent of such a
degree) shall be counted toward the
determination of the Indian student
count if the institution at which the
student is enrolled has established
criteria for the admission of the
student on the basis of the ability of
the student to benefit from the
education or training of the
institution.
``(II) Presumption.--The
institution shall be presumed to have
established the criteria described in
subclause (I) if the admission
procedures for the institution include
counseling or testing that measures the
aptitude of a student to successfully
complete a course in which the student
is enrolled.
``(III) Credits toward secondary
school degree.--No credit earned by an
Indian student for the purpose of
obtaining a secondary school degree (or
the recognized equivalent of such a
degree) shall be counted toward the
determination of the Indian student
count under this clause.
``(v) Continuing education programs.--Any
credit earned by an Indian student in a
continuing education program of a tribally-
controlled postsecondary vocational and
technical institution shall be included in the
determination of the sum of all credit hours of
the student if the credit is converted to a
credit-hour basis in accordance with the system
of the institution for providing credit for
participation in the program.''.

SEC. 122. NATIVE NATIONS LEADERSHIP, MANAGEMENT, AND POLICY.

(a) Findings.--Congress finds that--
(1) the policy of the United States favors self-
determination for Indian tribes;
(2) consistent with the policy described in paragraph (1),
Indian tribes are increasingly taking control of the affairs of
the tribes in order to realize in practice most of the status
afforded the tribes in treaties, court decisions, and
legislation;
(3) as a result of the increasing control of the tribes,
tribes require enhanced leadership preparation and greater
access to information relating to research and analysis of
successful models for tribal government and business
operations, similar to the information regularly available to
Federal, State, and local government agencies;
(4) enabling Indian tribes to develop strong leadership and
governing policy is consistent with Federal policy supporting
tribal self-determination and increases the likelihood that
tribal governments will achieve political and economic self-
determination; and
(5) during the last 5 years, the Morris K. Udall
Scholarship and Excellence in National Environmental Policy
Foundation, in cooperation with the Native Nations Institute at
the University of Arizona, pursuant to section 6(7) of the
Morris K. Udall Scholarship and Excellence in National
Environmental and Native American Public Policy Act of 1992 (20
U.S.C. 5604(7)), has provided to Indian tribes the leadership
and management training, policy analysis, and research of the
quality and type required to assist Indian tribes to achieve
self-determination.
(b) Definitions.--Section 4 of the Morris K. Udall Scholarship and
Excellence in National Environmental and Native American Public Policy
Act of 1992 (20 U.S.C. 5602) is amended--
(1) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) the terms `Indian tribe' and `tribe' have the meaning
given the term `Indian tribe' in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b);''.
(c) Authority of Foundation.--Section 7(a)(1) of the Morris K.
Udall Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5605(a)(1)) is amended by
striking subparagraph (C) and inserting the following:
``(C) Fields of study.--
``(i) In general.--The Foundation may award
scholarships, fellowships, internships, and grants to
eligible individuals in accordance with this Act for
study in fields relating to the environment and Native
American and Alaska Native health care and tribal
public policy.
``(ii) Minimum criteria.--A scholarship,
fellowship, internship, or grant awarded under this
section shall be awarded to an eligible individual that
meets the minimum criteria established by the
Foundation.
``(iii) State-recognized tribes, bands, nations,
and groups.--Notwithstanding the definition of `Indian
tribe' under section 4, the Foundation may make an
award under this section to an individual that is a
member of a Native American tribe, band, nation, or
other organized group or community that is recognized
by a State.''.
(d) Authorization of Appropriations.--Section 13 of the Morris K.
Udall Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5609) is amended by
striking subsection (c) and inserting the following:
``(c) Training in Tribal Leadership, Management, and Policy.--
``(1) In general.--There is authorized to be appropriated
to carry out section 6(7)--
``(A) $2,500,000 for each of fiscal years 2007 and
2008;
``(B) $4,000,000 for each of fiscal years 2009 and
2010; and
``(C) $13,500,000 for each of fiscal years 2011
through 2016.
``(2) Limitations.--An appropriation made pursuant to this
subsection shall not be subject to section 7(c).''.

Subtitle C--Border Preparedness

SEC. 131. BORDER PREPAREDNESS ON INDIAN LAND.

Subtitle D of title IV of the Homeland Security Act of 2002 (6
U.S.C. 251 et seq.) is amended by adding at the end the following:

``SEC. 447. BORDER PREPAREDNESS PILOT PROGRAM ON INDIAN LAND.

``(a) Definitions.--In this section:
``(1) Indian land.--The term `Indian land' means--
``(A) all land within the boundaries of any Indian
reservation; and
``(B) any land the title to which is--
``(i) held in trust by the United States
for the benefit of an Indian tribe or
individual; or
``(ii) held by any Indian tribe or
individual--
``(I) subject to a restriction by
the United States against alienation;
and
``(II) over which an Indian tribe
exercises governmental authority.
``(2) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community that is recognized by the Secretary as--
``(A) eligible for the special programs and
services provided by the United States to Indians
because of their status as Indians; and
``(B) possessing powers of self-government.
``(3) Tribal government.--The term `tribal government'
means the governing body of an Indian tribe.
``(b) Purpose.--The purpose of this section is to require the
Secretary, acting through the Under Secretary for Border and
Transportation Security, to establish a pilot program for tribal
governments on Indian land located on or near the border of the United
States with Canada or Mexico in order to--
``(1) facilitate the coordination of the response of an
Indian tribe to a threat to the security of an international
border of the United States with the responses of Federal,
State, and local governments;
``(2) enhance the capability of an Indian tribe as a first
responder to an illegal crossing of an immigrant over an
international border of the United States; and
``(3) provide assistance to Indian tribes in the use by the
tribes of effective aerial and ground surveillance
technologies, integrated communication systems and equipment,
and personnel training.
``(c) Pilot Program.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary, acting through the
Undersecretary for Border and Transportation Security, shall
provide funds and other assistance to tribal governments in
accordance with the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
``(2) Use of funds and assistance.--
``(A) In general.--A tribal government shall use
any funds or assistance provided under paragraph (1)
consistent with the purposes of this section.
``(B) Administration by tribal governments.--A
tribal government that receives any funds or assistance
under paragraph (1) shall administer the funds or
assistance in accordance with the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450 et seq.).
``(3) Selection criteria.--In selecting a tribal government
to receive funds or assistance under paragraph (1), the
Secretary may take into consideration--
``(A) the distance between the Indian land in the
jurisdiction of the tribal government and an
international border of the United States;
``(B) the extent to which a border enforcement
effort effects the resources of the Indian tribe; and
``(C) the interests of the Indian tribe.
``(d) Reports.--
``(1) Tribal governments.--
``(A) In general.--Not later than 1 year after
receiving funds or assistance under subsection (c), a
tribal government shall submit to the Secretary a
report in such a manner and containing such information
as the Secretary may require.
``(B) Inclusion.--A report under subparagraph (A)
shall include a description of--
``(i) any funds or assistance received by
the tribal government under this section;
``(ii) the use of the funds or assistance
by the tribal government; and
``(iii) any obstacle encountered by the
tribal government in administering the funds or
assistance.
``(2) Secretary.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing--
``(A) the information contained in the reports
under paragraph (1);
``(B) the degree of success of the Secretary in
implementing the pilot program; and
``(C) any recommendation, including a legislative
recommendation, of the Secretary relating to the pilot
program.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2006 through 2008.''.

TITLE II--OTHER AMENDMENTS TO LAWS RELATING TO NATIVE AMERICANS

Subtitle A--Indian Land Leasing

SEC. 201. 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 reservation of 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 ``Washington,,'' and inserting
``Washington,'';
(6) by inserting ``land held in trust for the Prairie Band
Potawatomi Nation,'' before ``land held in trust for the
Cherokee Nation of Oklahoma'';
(7) by inserting ``land held in trust for the Fallon Paiute
Shoshone Tribes,'' before ``land 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,''.
(b) 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. 202. CERTIFICATION OF RENTAL PROCEEDS.

Notwithstanding any other provision of law, any actual rental
proceeds from the lease of land acquired under section 1 of Public Law
91-229 (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.

Subtitle B--Navajo Health Contracting

SEC. 211. NAVAJO HEALTH CONTRACTING.

The Navajo Health Foundation/Sage Memorial Hospital in Ganado,
Arizona, shall be considered to be a tribal contractor under the Indian
Self-Determination and Education Assistance Act for the purposes of
section 102(d) and subsections (k) and (o) of section 105 of that Act
(25 U.S.C. 450f(d), 450j) provided that the Hospital remains the
authorized tribal organization (as defined in section 4 of that Act (25
U.S.C. 450b)) of the Navajo Nation.

Subtitle C--Probate Technical Correction

SEC. 221. PROBATE REFORM.

(a) Nontestamentary Disposition.--Subsection (a)(2)(D)(iv)(I)(aa)
of section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206)
(as amended by section 3(a) of the American Indian Probate Reform Act
of 2004 (Public Law 108-374)) is amended--
(1) by striking ``clause (iii)'' and inserting ``this
subparagraph''; and
(2) in subitem (BB), by striking ``any co-owner'' and
inserting ``not more than 1 co-owner''.
(b) Applicable Federal Law.--Subsection (h)(2) of section 207 of
the Indian Land Consolidation Act (25 U.S.C. 2206) (as amended by
section 3(d) of the American Indian Probate Reform Act of 2004 (Public
Law 108-374)) is amended--
(1) by inserting ``specifically'' after ``pertains''; and
(2) in subparagraph (B), by striking ``allotted lands'' and
inserting ``trust or restricted allotments''.
(c) Partition of Highly Fractionated Indian Land.--Subsection (d)
of section 205 of the Indian Land Consolidation Act (25 U.S.C. 2204)
(as amended by section 4 of the American Indian Probate Reform Act of
2004 (Public Law 108-374)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (G)(ii)(I), by striking ``a
higher value of the land'' and inserting ``a value of
the land that is equal to or greater than that of the
earlier appraisal''; and
(B) in subparagraph (I)(iii)--
(i) in subclause (III), by inserting ``(if
any)'' after ``this section''; and
(ii) in subclause (IV)(bb), by striking
``to implement this section'' and inserting
``under paragraph (5)''; and
(2) in the second sentence of paragraph (5), by striking
``shall'' and inserting ``may''.
(d) Purchase Option at Probate.--Subsection (p)(6) of section 207
of the Indian Land Consolidation Act (25 U.S.C. 2206) (as added by
section 6(a)(2) of the American Indian Probate Reform Act of 2004
(Public Law 108-374)) is amended--
(1) in the first sentence, by striking ``Proceeds'' and
inserting the following:
``(A) In general.--Proceeds''; and
(2) by striking the second sentence and inserting the
following:
``(B) Holding in trust.--Proceeds described in
subparagraph (A) shall be deposited and held in an
account as trust personalty if the interest sold would
otherwise pass to--
``(i) the heir, by intestate succession
under subsection (a); or
``(ii) the devisee in trust or restricted
status under subsection (b)(1).''.
(e) Tribal Probate Codes.--Section 206 of the Indian Land
Consolidation Act (25 U.S.C. 2205) is amended--
(1) in subsection (b)(3), by striking subparagraph (A) and
inserting the following:
``(A) the date that is 1 year after the date on
which the Secretary makes the certification required
under section 8(a)(4) of the American Indian Probate
Reform Act of 2004; or''; and
(2) in paragraph (2)(A)(i)(II)(bb) of subsection (c) (as
amended by section 6(a)(3) of the American Indian Probate
Reform Act of 2004 (Public Law 108-374)), by inserting ``in
writing'' after ``agrees''.
(f) Effective Date.--The amendments made by this section take
effect as if included in the American Indian Probate Reform Act of 2004
(Public Law 108-374).

Calendar No. 100

109th CONGRESS

1st Session

S. 536

[Report No. 109-67]

_______________________________________________________________________

A BILL

To make technical corrections to laws relating to Native Americans, and
for other purposes.

_______________________________________________________________________

May 12, 2005

Reported without amendment