[Senate Report 109-67]
[From the U.S. Government Publishing Office]
Calendar No. 100
109th Congress Report
SENATE
1st Session 109-67
======================================================================
MAKING TECHNICAL CORRECTIONS TO LAWS RELATING TO NATIVE AMERICANS, AND
FOR OTHER PURPOSES
_______
May 12, 2005.--Ordered to be printed
_______
Mr. McCain, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 536]
The Committee on Indian Affairs, to which was referred the
bill (S. 536) to make technical corrections to laws relating to
Native Americans, and for other purposes, having considered the
same, reports favorably thereon without amendment and
recommends that the bill (as amended) do pass.
Purpose
The purpose of S. 536 is to address miscellaneous
provisions related to Indians or Indian tribes in one bill,
obviating the need for the introduction and enactment of
separate smaller bills. S. 536 contains twelve provisions,
including amendments to statutes relating to particular Indian
tribes, and modifications to certain programs related to Native
Americans.
Background
The Native American Omnibus Act of 2005 contains separate
provisions dealing with a variety of topics including the
Indian Financing Act of 1974, the Indian Arts and Crafts Act,
The Act of June 7, 1924 (also known as the Indian Pueblo Act),
Border Preparedness on Indian Lands Pilot Project, Native
American Programs Act of 1974, and Colorado River Indian
Reservation Boundary Correction Act. The bill also provides
technical amendments to provisions relating to particular
Indian tribes and to general laws relating to Native American
programs. A more detailed explanation of each provision is
included in the section-by-section analysis included in this
report.
Legislative History
The Native American Omnibus Act of 2005 (S. 536) was
introduced on March 7, 2005, by Senator McCain and was referred
to the Committee on Indian Affairs. On March 9, 2005, the
Committee on Indian Affairs convened a business meeting to
consider S. 536 and other measures that had been referred to
it, and on that date the Committee favorably reported the bill.
Committee Recommendation and Tabulation of Vote
On March 9, 2005, the Committee on Indian Affairs, in an
open session, adopted S. 536 by voice vote and ordered the bill
reported favorably to the Senate.
Section-by-Section Analysis of S. 536
Section 1. Short title: Table of Contents
Section 1 provides the short title of the Act as the Native
American Omnibus Act of 2005 and provides a Table of Contents
for the bill.
Section 2. Definition of Secretary
Section 2 defines the term ``Secretary'' to mean the
Secretary of the Interior.
Title I--Technical Amendments to Laws Relating to Native Americans
SUBTITLE A--GENERAL PROVISIONS
Section 101. Indian Financing Act amendments
Section 101 amends the Indian Financing Act of 1974 (Pub.
L. 93-262) to clarify that non-profit tribal entities are
eligible for the Bureau of Indian Affairs (BIA) Loan Guaranty
Program. In addition, because the BIA is fast reaching its $500
million limit on the amount of loans it can have outstanding,
this section will increase that number to $1.5 billion.
Finally, this section makes Community Development Finance
Institutions (CDFIs) eligible as lenders for the BIA Loan
Guaranty program.
Section 102. Indian Tribal Justice Technical and Legal Assistance
Section 102 extends the authorization for appropriations
contained in section 106 of the Indian Tribal Justice Technical
and Legal Assistance Act (Pub. L. 106-559, 25 U.S.C. 3666,
3681(d)) through fiscal year 2010. This section authorizes
appropriations for civil and criminal legal assistance grants
to Indian legal services programs.
Section 103. Tribal Justice systems
Section 103 re-authorizes section 201 of the Indian Tribal
Justice Act (Pub. L. 106-559, 25 U.S.C. 3621) through fiscal
year 2010. This section authorizes appropriations for Indian
tribal court grants.
Section 104. Indian Pueblo Land Act amendments
Section 104 amends the Act of June 7, 1924 (43 Stat. 636,
chapter 331) also known as the Indian Pueblo Lands Act of 1924,
to clarify the uncertainty and potential law enforcement
problems resulting from a Federal district court decision in
the case of the United States v. Gutierrez \1\ No. CR 00-375 LH
(D.N.M. Dec. 1, 2000).
---------------------------------------------------------------------------
\1\ The Gutierrez decision created uncertainty and the potential
for a void in criminal jurisdiction on Pueblo lands. The proposed
amendment to the Indian Pueblo Lands Act makes clear that the Pueblos
have jurisdiction, as part of the Pueblos' inherent power as an Indian
tribe, over any offense committed by a member of the Pueblo or of
another Federally-recognized Indian tribe, or by any other Indian-owned
entity committed anywhere within the exterior boundaries of any grant
to a Pueblo from a prior sovereign, as confirmed by Congress or the
Court of Private Lands Claims.
The legislation also makes clear that the United States has
jurisdiction over any offense within these grants described in chapter
53 of title 18, United States Code, committed by or against a member of
any federally recognized Indian tribe or any Indian-owned entity, or
that involves any Indian property or interest. Finally, the legislation
makes clear that the State of New Mexico shall have jurisdiction over
any offense within these grants committed by a person who is not a
member of a Federally-recognized Indian tribe, provided that the
offense is not subject to the jurisdiction of the United States.
Nothing in this amendment is intended to diminish the scope of
Pueblo Civil jurisdiction within the exterior boundaries of Pueblo
grants, which is defined by Federal and Tribal laws and court
decisions. The decision overturned precedent regarding the
jurisdictional status of the lands within the boundaries of New Mexico
Pueblo land grants and resulted in creating a potential void in
criminal jurisdiction. Section 5 provides a clarification of the
Pueblos regarding criminal jurisdiction on New Mexico Pueblo lands.
---------------------------------------------------------------------------
Section 105. Prairie Island land conveyance
Section 105 authorizes the transfer of lands now held by
the United States Army Corps of Engineers to the Department of
the Interior to be held in trust for the benefit of the Prairie
Island Indian Community in Red Wing, Minnesota. The transfer
will have no effect on the tax status of the lands, nor will
the Prairie Island Indian Community be permitted to develop
commercial or gaming facilities on the land. The U.S.
government's existing flowage easements will be maintained.
Section 106. Binding arbitration for Gila River Indian Community
Reservation contracts
Section 106 amends Act of August 9, 1955, (Pub. L. 86-326)
to allow binding arbitration clauses to be included in all
contracts, including leases, that affect tribally-owned land
within the Gila River Indian Community reservation. All leases
including subleases, master leases and tenant leases would be
included under this provision. The tribe intends to conform to
standard leasing terms to attract potential tenants to the
reservation.
Section 107. Puyallup Indian Tribes Land claims settlement amendments
Section 107 provides for the expansion of the Port of
Tacoma's shipping terminal and other port facilities, the Port
Commission of Tacoma, Washington and the Puyallup Tribal
Council executed a cooperative economic development agreement
for the expansion of the Port of Tacoma. Under the terms of the
agreement, the Tribe is required to relocate its gaming
operations from its current location to another location within
the Puyallup reservation boundaries. Section 11 authorizes the
Federal government to take into trust on behalf of the Puyallup
tribe 2 parcels within the Puyallup reservation. The Washington
State Congressional delegation, the State of Washington, the
Cities of Tacoma, Fife, and Puyallup support the transfer.
Section 108. Definition of Native American
The Native American Graves Protection and Repatriation Act
(NAGPRA) (Pub. L. 101-601) is amended in section 2(9), by
inserting the words `or was' after the words `that is'. This
change is intended to clarify that in the context of
repatriations, the term `Native American' refers to a member of
a tribe, a people, or a culture that is or was indigenous to
the United States.
Section 109. Fallon Paiute Shoshone Tribes Settlement
Section 109 amends the Fallon Paiute Shoshone Indian Tribes
Water Rights Settlement Act of 1990 (Pub. L. 101-618, 104 Stat.
3289) to adjust the spending rule set forth in that Act for the
Tribe's Settlement Fund. The Settlement Fund was fully
appropriated in 1995 and currently contains $43 million.
Section 106 would authorize expenditure of 6% of the average
market value of the Settlement Fund over the preceding three
years. Current authorization to temporarily spend 20% of the
Funds principal would be eliminated.
Section 110. Washoe Tribe of Nevada and California land conveyance
The Washoe Tribe Lake Tahoe Access Act (P.L. 108-67)
intended to take into trust 24.3 acres of land near Lake Tahoe
for the benefit of the Washoe Tribe. Almost 150 years after the
Washoe people were forcibly removed from Lake Tahoe, this
legislation sought to restore to the Tribes a place that is
central to their existence and to which they have essential
cultural connections. Section 110 will correct a small, but
very important, error in the land description included in the
original legislation. This change does not affect the number of
acres conveyed to the Tribe.
Section 111. Indian arts and crafts
Enforcing the criminal law that prohibits the sale of
Indian arts and crafts misrepresented as an Indian product is
often stalled by the other responsibilities of the FBI
including investigating terrorism activity and violent crimes
on Indian lands. Section 111 supplements the existing federal
investigative authority by authorizing other federal
investigative bodies, such as the BIA, in addition to the FBI,
to investigate these offenses.
Section 112. Colorado River Indian Reservation boundary correction
Section 112 corrects the south boundary of the Reservation
by reestablishing the boundary as it was delineated in the
original 1875 survey. The restoration does not include 840
acres of land owned by the State of Arizona. The bill provides
that no water rights issues are affected and existing rights,
including mining claims and public recreational access subject
to reasonable tribal rules are protected.
Section 113. Native American Programs Act of 1974
Section 113 reauthorizes the Native American Programs Act
of 1974. Administered by the Administration for Native
Americans in the Department of Health and Human Services, the
Native American Programs Act provides grants to tribes for
social and economic development projects; projects related to
the preservation and vitality of Native languages; projects to
strengthen tribal environmental regulatory enhancement; and
establishes the Inter-Departmental Council of Native American
Affairs.
Section 114. Research and educational activities
Section 114 amends the Native Hawaiian Education Act to
include research and education activities relating to Native
Hawaiian law.
SUBTITLE B--INDIAN EDUCATION PROVISIONS
Section 121. Definition of Indian student count
Section 121 amends the Perkins Vocational and Technical
Education Act to provide a definition of ``Indian student
count'' which uses a credit hour-based formula (rather than
full-time equivalent), and to require a student count to be
made each semester (both the Fall and Spring semesters), rather
than once per year. These changes to student count for
tribally-controlled postsecondary vocational and technical
institutions are modeled on the Indian student count provisions
of the Tribally Controlled Colleges or Universities Assistance
Act.
Section 122. Native Nations leadership, management, and policy
Section 122 authorizes funding for leadership training,
strategic and organizational development, and research and
policy analysis to assist American Indian nations to achieve
effective self-governance and sustainable economic development.
This provision renews authorized funding for Native Nations
Institute programs for a period of 10 years, beginning in
fiscal year 2007.
SUBTITLE C--BORDER PREPAREDNESS
Section 132. Border preparedness on Indian lands
Section 132 authorizes the Secretary of Homeland Security,
to establish a pilot program to enhance an Indian tribe's
response to border activity. It authorizes the Secretary to
establish the selection criteria for participation in the
program including the tribes' proximity to the border and the
extent to which border crossing activity impacts tribal
resources. This program will enhance tribal first responder
capabilities, provides aid for aerial and ground surveillance
technologies, and facilitates coordination and cooperation with
federal, state, local and tribal governments in protecting the
border.
Title II--Other Amendments to Laws Relating to Native Americans
SUBTITLE A--INDIAN LAND LEASING
Section 201. Authorization of 99-year leases
Section 201 amends Title 25 U.S.C. Section 415 to provide
that leases of restricted lands held by the Confederated Tribes
on the Umatilla Indian Reservation, Muckleshoot Indian
Reservation, Prairie Band Potawatomi Nation, Fallon Paiute
Shoshone Tribes, Yurok Tribe, and the Hopland Band of Pomo
Indians of the Hopland Rancheria may be of terms not to exceed
99 years.
Section 202. Certification of rental proceeds
This section provides that any revenues accrued from
renting lands acquired under the Farmers Home Administration
Direct Loan Account, 25 U.S.C. 488, shall be considered the
rental value of that land and considered the appraisal value of
that land.
SUBTITLE B--NAVAJO HEALTH CONTRACTING
Section 211. Navajo health contracting
Section 211 authorizes the Navajo Health Foundation/Sage
Memorial Hospital on the Navajo Reservation to be considered a
tribal contractor under the Indian Self-Determination and
Education Assistance Act for the purposes of section 102(d) and
subsections 9(k) and (o) of section 105 of that Act, allowing
the hospital to obtain the benefits of coverage under the
Federal Tort Claims Act and secure VA drug discounts.
SUBTITLE C--PROBATE TECHNICAL CORRECTION
Section 221. Probate reform
Section 221 amends sections 205, 206 and 207 of the Indian
Land Consolidation Act (25 U.S.C. Sec. Sec. 2204, 2205 and
2206) (``ILCA''), as amended by the American Indian Probate
Reform Act of 2004 (``AIPRA''), by correcting provisions
relating to non-testamentary disposition, partition of highly
fractionated Indian land, and Tribal probate codes. These
amendments include amendments to subsection (h)(2) of section
207 of the ILCA (25 U.S.C. Sec. 2206) which are intended to
clarify the original intent of the American Probate Reform Act
of 2004 to the effect that nothing in the ILCA affects the
application of special laws that pertain or relate in any way
to the trust or restricted allotments, or interests therein, of
specific Indian tribes. Some lands of specific Indian tribes
were allotted under special statutes that applied only to those
specifically identified tribes (i.e., identified in the
statute). Similarly, in other instances, Congress enacted
tribal-specific or reservation-specific statutes applicable to
the inheritance or devise of trust or restricted allotments or
interests in trust or restricted allotments. The limited
purpose of the amendment to section 207(h)(2) of ILCA set forth
in Section 221 is to clarify any potential ambiguity in the
AIPRA, the intent of which was that no provision of ILCA would
in any way supercede, replace, interfere or otherwise affect
the application of any such special laws. If these special laws
are to be amended, they should be addressed on a case by case
basis, and not by way of a law of general application like the
AIPRA.
Cost and Budgetary Considerations
The cost estimate for S. 536 as calculated by the
Congressional Budget Office, is set forth below:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 29, 2005.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 536, the Native
American Onmibus Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mike Waters.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 536--Native American Omnibus Act of 2005
Summary: S. 536 would make a number of changes and
technical corrections to current laws concerning Native
Americans. The bill would extend the authorization of
appropriations for Indian tribal courts and other judicial
systems, for the Native American Programs Act of 1974, and for
the Morris K. Udall Scholarship and Excellence in Environmental
Policy Foundation. It also would authorize a pilot program to
enhance border preparedness on Indian lands. CBO estimates that
implementing S. 536 would cost $7 million in 2006 and $405
million over the 2006-2010 period, assuming appropriation of
the amounts CBO estimates would be necessary.
S. 536 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments. Several provisions would benefit Indian tribes.
Estimated cost to the Federal government: The estimated
budgetary impact of S. 536 is shown in the following table. The
cost of this legislation would fall within budget functions 450
(community and regional development), 500 (education, training,
employment and social services), and 750 (administration of
justice).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
2005 2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for Indian Programs
Reauthorized by S. 536:
Authorization Level \1\......................... 54 58 58 0 0 0
Estimated Outlays............................... 53 98 73 10 2 0
Proposed Changes:
Technical and Legal Assistance for Tribal
Justice:
Estimated Authorization Level............... 0 8 8 8 9 9
Estimated Outlays........................... 0 2 4 6 7 8
Tribal Justice Systems:
Authorization Level......................... 0 0 0 58 58 58
Estimated Outlays........................... 0 0 0 52 58 58
Native American Programs Act of 1974:
Estimated Authorization Level............... 0 50 51 52 53 54
Estimated Outlays........................... 0 5 38 49 51 53
Morris K. Udall Scholarship:
Authorization Level......................... 0 0 3 3 4 4
Estimated Outlays........................... 0 0 3 3 4 4
Subtotal: Proposed Changes:
Estimated Authorization Level............... 0 58 62 121 124 125
Estimated Outlays........................... 0 7 45 110 120 125
Total Spending Under S. 536:
Estimated Authorization Level................... 54 116 120 121 124 125
Estimated Outlays............................... 53 105 118 120 122 123
----------------------------------------------------------------------------------------------------------------
\1\ The 2005 amount reflects appropriations provided in that year. The amounts for 2006 and 2007 are the
existing authorizations for programs reauthorized by S. 536.
Basis of estimate: For this estimate, CBO assumes that S.
536 will be enacted during 2005 and that the necessary amounts
will be appropriated for each fiscal year.
Technical and Legal Assistance for Tribal Justice. Section
102 would 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, a total of $8 million was
appropriated for these programs. CBO estimates that continuing
this program at that level and adjusting for anticipated
inflation over the 2006-2010 period would cost $27 million.
Tribal Justice Systems. Section 103 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, or for similar
purposes. CBO estimates that implementing this provision would
cost $168 million over the 2008-2010 period, assuming the
appropriation of the specified amounts.
Native American Programs Act of 1974. Section 113 would
reauthorize several programs created under the Native American
Programs Act of 1974. CBO estimates that implementing this
section would cost $195 million over the 2006-2010 period.
S. 536 would reauthorize an Interior Department program
that provides matching grants to tribal governments to help
them plan, design, and implement efforts to improve
environmental quality on tribal lands. The bill would authorize
the appropriation of $8 million a year over the 2006-2010
period for that grant program to train tribal employees,
develop tribal laws on envirorunental quality, and enforce and
monitor those laws. Assuming appropriation of the authorized
amounts, CBO estimates that this provision would cost $30
million over the five-year period.
The bill also would authorize the appropriation of such
sums as necessary for projects, training, and services that
support at-risk youth, and elderly or disabled Native
Americans. These funds also could be used for economic
development and to support the use of native languages. About
$42 million was allocated to these activities in 2005. CBO
estimates that continuing the program at that level, adjusted
for anticipated inflation, would cost $165 million over the
2006-2010 period.
Morris K. Udall Scholarship. Section 122 of the bill would
amend and extend the authorization for the Morris K. Udall
Scholarship and Excellence Foundation, which provides
management and leadership training for Native American and
Alaskan Native health care and policy professionals. These
training activities are currently authorized through 2005.
Funding for 2005 totaled approximately $1 million. The bill
would authorize appropriations of $2.5 million for each of the
years 2007 and 2008, $4.0 million for each of the years 2009
and 2010, and $13.5 million per year from 2011 through 2016. We
estimate that this provision would cost $2.5 million in 2007
(the first year of the extended authorization). Outlays over
the 2006-2010 period would total $13 million.
Border Preparedness on Indian Lands. Section 132 would
authorize the appropriation of such sums as may be necessary
over the 2006-2008 period to the Department of Homeland
Security (DHS) to provide funds to Indian tribes near U.S.
borders. The funds would help the tribes to improve their
capacity to handle security incidents and threats along U.S.
borders and to coordinate with federal agencies. The assistance
could include surveillance technologies, communications
equipment, and personnel training. Based upon information
obtained from DHS, CBO estimates that implementing this
provision would cost less than $500,000 a year.
Intergovernmental and private-sector impact: S. 536
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.
Estimate prepared by: Federal Costs: Kathleen FitzGerald--
Native American Programs Act, Deborah Kalcevic--Morris K. Udall
Foundation, Mark Grabowicz--Indian Tribal Justice Technical and
Legal Assistance, Mike Waters--Tribal Justice Systems and
Border Preparedness; impact on state, local, and Tribal
governments: Marjorie Miller, Impact on the private sector:
Selena Caldera.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
Regulatory and Paperwork Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires that each report accompanying a bill to
evaluate the regulatory and paperwork impact that would be
incurred in carrying out the bill. The Committee has concluded
that S. 536 will reduce regulatory or paperwork requirements
and impacts.
Executive Communication
The Committee has received an official communication from
the Administration on the provisions of S. 536.
U.S. Department of the Interior,
Office of the Secretary,
Washington, DC, May 10, 2005.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: This letter sets forth the views of the
Department of the Interior on S. 536, a bill ``to make
technical corrections to laws relating to Native Americans, and
for other purposes.'' We support the enactment of S. 536 as
ordered reported by the Senate Committee on Indian Affairs on
March 9, 2005. However, the Department suggests the following
amendments be made to the bill.
SECTION 101. INDIAN FINANCING ACT AMENDMENTS
Section 101 of the bill would amend the Indian Financing
Act of 1974 with the intent of expediting the implementation of
a secondary market for loans guaranteed under the Bureau of
Indian Affairs Loan Guaranty Program. We request the following
amendment be made to this section which will allow Indian and
non-Indian lenders to loan money to Indian-owned businesses.
This will allow the Bureau of Indian Affairs (BIA) to provide
financial assistance to a broader number of American Indians
and Alaska Natives.
We suggest that Section 101(d) be amended to read:
(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 Community
Development Finance Institution)'' after ``Government''.
The Administration has some additional concerns regarding
compensation of secondary market fiscal agents and funding for
the cost of administering the secondary market, which we look
forward to discussing with the Committee.
SECTION 104. INDIAN PUEBLO LAND ACT AMENDMENTS
Section 104 provides for the Indian Pueblo Land Act
amendments to clarify criminal jurisdiction with the exterior
boundaries of the Pueblo owned land grants. Criminal
jurisdiction within the Pueblo grants has long been a problem
for many of the Pueblos, the counties and cities in which they
are located, and the U.S. Attorney's office. We support the
legislative attempt to clarify the jurisdictional issues.
However, we suggest sections 20(b) and (c) be amended because
it does not precisely track the allocation of jurisdiction
applicable in Indian country generally under the Indian Civil
Rights Act (ICRA). The ICRA recognizes the inherent
jurisdiction of tribes over any person who is an ``Indian.''
This definition would ensure that Pueblo would have
jurisdiction over certain persons who are not enrolled members
of a tribe, such as minor children who have not yet been
enrolled as a member.
In subsection (b) by adding a ``,'' after Pueblo and by
striking ``of another Indian tribe'' and inserting in lieu
thereof ``non-member Indian''.
In subsection (d) by striking ``a member of an Indian
tribe'' and inserting in lieu thereof ``an Indian''.
SECTION 105. PRAIRIE ISLAND LAND CONVEYANCE
Section 105 would take land including all improvements,
cultural resources, and sites on the land, into trust for the
Prairie Island Indian Community. We suggest striking the words
``all improvements'' from Sec. 105(a) so it reads as follows:
(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 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 (t), to the Secretary, to be--* * *
The Department feels this change is necessary to address
any uncertainty about the Government having a fiduciary
obligation to repair and maintain any acquired improvements.
In addition, section 105 would require a boundary survey to
be conducted no later than 5 years after the date of
conveyance. The boundary survey should be required prior to the
conveyance, to avoid any disputes or the need for corrections
after the conveyance has occurred.
SECTION 106. BINDING ARBITRATION FOR GILA RIVER INDIAN COMMUNITY
RESERVATION CONTRACTS
This section would provide the Gila River Indian Community
the authority to enter into binding arbitration agreements for
any lease or contract the tribe may enter into affecting the
tribe's land. We want to make it clear that it is our view that
this section would not require the United States to enter into
binding arbitration or waive the sovereign immunity of the
United States.
SECTION 111. INDIAN ARTS AND CRAFTS
The Department requests that the amendments to the Indian
Arts and Crafts Act (Act) include a provision authorizing the
Indian Arts and Craft Board (Board) to recommend the Secretary
impose administrative fines for violations of the Act.
Administrative fines would be imposed for those violations that
would not otherwise serious enough to warrant a full civil or
criminal action being pursued by the United States Attorney
General. Many other federal agencies, including those within
the Department, have the authority to levy administrative
fines. Granting the Board similar authority would allow it to
take action in meritorious cases for which the Attorney General
is unlikely to devote resources.
In addition, the Department requests that any amounts
recovered as a result of an administrative fine or civil
action, after making reimbursements contemplated in this
section, be paid to the Indian Arts and Crafts Board for
statutorily mandated nonenforcement activities such as
trademark protection and the promotion of authentic Indian Arts
and Crafts.
The Department supports extending investigative authority
to other federal law enforcement agencies. To facilitate the
usefulness of that, we suggest the Committee clarify a
potential jurisdictional issue that may arise. Specifically,
BIA law enforcement may not investigate outside of Indian
country. When off reservation, the Officer may only ``observe''
a violation rather than continue his investigation without
contacting the appropriate federal enforcement agency, in most
cases the FBI. The investigating officer should be granted the
authority to be able to cross jurisdictions for the express
purpose of enforcing the Indian Arts and Crafts Act. For
example, BIA law enforcement officers should be granted the
authority to specifically investigate violations of the Indian
Arts and Crafts Act outside of Indian country. The Department
will work with the Department of Justice on this expansion of
jurisdictional authority.
Section 111(b)(7) states in part that the Department shall
promulgate regulations which includes a definition of ``Indian
product'' and ``examples of each Indian product''. The
regulations currently provide such a list. Therefore, this
provision should be deleted. However if this provision remains,
the phrase ``examples of each Indian product'' should be
amended to ``examples of Indian products'' so that the
published list does not become an exclusive list that courts
interpret as precluding action for items that may not be
specifically included on the list. In addition, the Department
is concerned that the amended definitions do not include a
definition for ``product of a particular Indian tribe or Indian
arts and crafts organization.'' Excluding products of a
particular Indian tribe or Indian arts and crafts organization
could potentially remove the right of a tribe to protect their
cultural heritage by using their tribal name in the description
of a particular art or craft work for which their Tribe
specializes in or is particularly known for.
The Department requests an additional conforming amendment
be made to the Indian Arts and Crafts Act. The trademark
provision, section 102 of the Act, permits the Board to
register any trademark owned by the Government in the U.S.
Patent and Trademark Office (USPTO) without charge and assign
it and the goodwill associated with it to an individual Indian
or Indian tribe without charge. The Act, however, does not
permit the board to register trademarks owned by individual
Indian artists, artisans, tribes, and businesses for arts and
crafts marketing purposes. Under the Lanham Act, the party
registering the trademark must also own the mark. Therefore, if
the Board attempted to register a trademark owned, for example,
by a Navajo tribal arts and crafts enterprise, the application
would be denied. Therefore, the word ``government'' should be
struck in order to allow the Board to act as an agent and file
without charge trademark registration applications with the
USPTO for trademarks that are owned by an individual Indian,
Indian tribe, or Indian arts and crafts organization.
Finally, the Department of Justice advises that there may
be constitutional concerns with section 111(b), which would
amend section 6 of the Act by defining the term ``Indian
tribe'' to include ``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.''
Section 111 (c) would add the same definition to 18 U.S.C.
1159(c). Under the Constitution, only the federal government
has authority to recognize Indian tribes. See, e.g., McClanahan
v. Arizona State Tax Comm'n, 411 U.S. 164, 172 n.7 (1973)
(source of Federal authority over Indian matters ``derives from
Federal responsibility for regulating commerce with Indian
tribes and for treaty making''). In the absence of such federal
recognition, the term ``Indian tribe'' might be viewed as a
racial classification subject to strict scrutiny under Adarand
Constructors, Inc. v. Pena, 515 U.S 200, 235 (1995), rather
than the more deferential review accorded to classifications
based on membership in a federally recognized Indian tribe
under Morton v. Mancari, 417 U.S. 535 (1974). The part of this
definition relating to recognition by state entities should be
deleted.
SECTION 114. RESEARCH AND EDUCATIONAL ACTIVITIES
Section 114 would add an additional authorized use of funds
(research and educational activities relating to Native
Hawaiian law) to the Education for Native Hawaiians program,
which is administered by the Department of Education. The
Department of Education objects to this amendment. The purpose
of the program should continue to be to strengthen educational
programs and services for Native Hawaiians (pre-K through
postsecondary), in order to raise the educational achievement
of that population. This additional authorized activity,
research on Native Hawaiian law, would be for a different
purpose and thus has the potential to dilute the impact of the
program. Moreover, the Department of Education has already
received earmarked funding, through the fiscal year 2005
omnibus appropriations act, to establish a center of education
in Native Hawaiian law at the University of Hawaii. The
proposed amendment to allow for the support of research and
education in Native Hawaiian law would, in other words, be
enacted after the appropriation of funding for such research
and education (and most likely after the Department of
Education has made a grant for the new center). Therefore, this
provision is unnecessary.
SECTION 121. DEFINITION OF INDIAN STUDENT COUNT
Section 121 amends the definition of ``Indian student
count'' used in the formula by which the Department of
Education calculates awards to tribally-controlled
postsecondary vocational and technical institutions under the
Carl D. Perkins Vocational and Technical Education Act.
Education has advised that it is developing the Indian student
count data needed to calculate the FY 2005 awards, and is
concerned that if the definitional changes were to go into
effect in FY 2005, they would likely delay the FY 2005 grants.
In order to prevent any disruption of the award of these
grants, Education recommends that section 121 be amended to
clarify that its definition changes would take effect beginning
in FY 2006.
SECTION 122. NATIVE NATIONS LEADERSHIP, MANAGEMENT, AND POLICY
Section 122 would amend the Morris K. Udall Scholarship and
Excellence in National Environmental and Native American Public
Policy Act of 1992 (20 U.S.C. 5602). The Department of Justice
advises that there may be constitutional concerns with the
amendment to the Morris K. Udall Scholarship Act of 1992, 20
U.S.C. 5605(a)(1). The amendment to subparagraph (C) would
permit awards to members of state-recognized tribes. As stated
above, Department of Justice is concerned that this may be
viewed as a racial classification subject to strict scrutiny
under Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 235
(1995), rather than the more deferential review accorded to
classifications based on membership in a federally recognized
Indian tribe under Morton v. Mancari, 417 U.S. 535 (1974).
Therefore, the Department of Justice recommends that Section
122(c)(C)(iii) be deleted.
SECTION 132. BORDER PREPAREDNESS ON INDIAN LAND
Section 132 would amend Subtitle D of Title IV of the
Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) by adding
a new Section 447 entitled ``Border Preparedness Pilot Program
on Indian Land.'' The Department of the Interior supports the
amendments outlined in the new Section 447. By specifically
including Indian tribes, it enhances their ability to protect
the border integrity of the United States. However, the
Department of Homeland Security recommends the following
amendments:
Proposed section 447(a)(2): The Department of Homeland
Security believes that the proposed definition of Indian tribe
would preclude the participation of Alaska Native
organizations. Therefore, the Department of Homeland Security
recommends amending the definition to read as follows:
(2) Indian Tribe.--The term ``Indian tribe'' means
all Indian entities listed in the Federal Register list
of Indian entities recognized as eligible to receive
services from the United States, published pursuant to
section 104 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 479a-l).
Proposed Section 447(b) and (c)(1): The Department of
Homeland Security conducts preparedness programs, such as the
proposed pilot program, through its Office of Domestic
Preparedness. To ensure that the tribes are treated equitably
and provided access to the full range of preparedness programs,
the Department of Homeland Security recommends that the matter
preceding paragraph (1) of subsection (b) be amended by
striking ``Under Secretary for Board and Transportation
Security'' and inserting ``Office of Domestic Preparedness''.
The Department of Homeland Security recommends that a similar
amendment be made to proposed section (c)(I).
Finally, to clarify jurisdiction, the Department of
Homeland Security recommends that proposed section 447 be
amended by redesignating proposed subsection (e) as proposed
subsection (f); and after proposed subsection (d), by inserting
the following new subsection:
``(e) Limitation.--Nothing in this section shall be
construed as a grant of statutory authority to an Indian tribe,
tribal organization, or tribal government to exercise any
authority vested in the Secretary of Homeland Security or
enforce any customs, immigration, or maritime law.''
Title II--Other Amendments to Laws Relating to Native Americans
SECTION 211. NAVAJO HEALTH CONTRACTING
Section 211 would require that the Navajo Health
Foundation/Sage Memorial Hospital at Ganado, AZ, be considered
a tribal contractor under the Indian Self-Determination and
Education Assistance Act (ISDEAA) for purposes of extending
Federal Tort Claims Act (FTCA) coverage to contract employees,
to provide access to the Federal sources of supply, and to make
patient records eligible for storage by Federal Records Centers
to the same extent and in the same manner as other Department
of Health and Human Services patient records.
If enacted, this section would allow Navajo Nation Health
Foundation (NHF) access to these services and benefits. This
access to benefits and services would continue until such time
as the NHF's current funding is adjusted by Congress to allow
them to fully negotiate a contract under ISDEAA. This provision
would establish a precedent for tribes/tribal organizations
seeking to negotiate an ISDEAA contract to seek legislative
authorization to select certain provisions in the ISDEAA that
would be applied to them until such time as they are able to
complete all requirements required in the ISDEAA.
The Department of Health and Human Services is concerned
that this provision circumvents the contracting requirements of
the ISDEAA and selectively makes provisions applicable to the
Navajo Health Foundation. In addition, the Department of
Justice is concerned with selectively extending FTCA coverage
to entities that do not meet the full set of requirements under
the ISDEAA. For these reasons, the Department of Health and
Human Services and Department of Justice recommend that section
211 be deleted.
SECTION 221. PROBATE REFORM
The Department recommends some additional amendments be
made to the American Indian Probate Reform Act (AIPRA). We
recommend adding a new subsection (g) to 6 section 221 that
would delete the paragraph in AIPRA regarding Family Cemetery
Plots. The Department does not hold or manage any cemetery
plots in trust status. Therefore, they would not be subject to
the Department's probate procedures. Family cemetery plot
probate issues fall outside the jurisdiction of the federal
government.
``(g) Rule of Construction.--Subsection (i) 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 by striking
paragraph (7).''.
In addition, we request the following technical amendments
be included in this section:
Under Partition of highly fractionated Indian lands,
section 2204(d)(2)(I)(iii)(IV)(aa) should be amended by
striking ``less'' and inserting in lieu thereof ``more''.
Under Descent and distribution, estate planning--
section 2206(f)(2)(A) should be amended by
striking ``advise''
section 2206(f)(2)(B) should be amended by
striking ``among'' and inserting in lieu thereof ``as
authorized by the Secretary for''
general rules governing probate, section 2206(k)(2)(A)(ii)(I)
should be amended by striking ``date of enactment'' and
inserting in lieu thereof ``effective date''.
Additional Amendments
The Department also suggests additional amendments be added
to S. 536. We recommend the following two amendments to the
Shivwits Water Rights Settlement and the Individuals with
Disabilities Education Act be added to the end of Title II. We
also recommend two new titles be added to the bill that would
provide a technical correction to address the decisions in
Youpee v. Babbitt and DuMarce v. Norton and give the Secretary
the authority to address unclaimed property.
SUBTITLE D--SHIVWITS WATER RIGHTS SETTLEMENT
Section 10 of P.L. 106-263 authorizes a water rights and
habitat acquisition program for the Santa Clara and Virgin
Rivers as a safety net to address environmental consequences of
the water settlement agreement that may not have been evident
at the time of enactment. Congress appropriated the $3.0
million authorized to be appropriated by Section 10. When the
Department attempted to implement the provision in Section 10,
which was intended to maintain the $3.0 million in an interest
bearing account, the Treasury Department advised that the
language in Section 10 was insufficient for this purpose. Based
on guidance from Treasury Department, the proposed technical
amendment was developed to correct the deficiency in the
original statutory language.
Section 10 of the Shivwits Band of the Paiute Indian Tribe
of Utah Water Rights Settlement Act of August 18, 2000, Public
Law 106-263 (114 Stat. 737), is amended by:
(1) Deleting the second sentence in subsection 10(f) (114
Stat. 744) which reads: ``The Secretary is authorized to
deposit and maintain this appropriation in an interest bearing
account, said interest to be used for the purposes of this
section.''
(2) Adding the following subsection 10(g):
``(g) Establishment of Acquisition Fund.--There is
established in the Treasury of the United States a fund
to be known as the Santa Clara Water Rights and Habitat
Acquisition Fund (hereinafter called the ``Acquisition
Fund''). The Secretary shall deposit into the
Acquisition Fund the funds appropriated pursuant to
subsection (f). The Acquisition Fund principal and any
income thereon shall be managed in accordance with this
section 10.''
(3) Adding the following subsection 10(h):
``(h) Investment of Acquisition Fund.--The Secretary
of the Interior may request the Secretary of the
Treasury to invest such portion of the Acquisition Fund
as is not, in the Secretary of the Interior's judgment,
required to meet the current needs of the fund. Such
investments shall be made by the Secretary of the
Treasury in public debt securities with maturities
suitable to the needs of the fund, as determined by the
Secretary of the Interior, and bearing interest at a
rate determined by the Secretary of the Treasury,
taking into consideration current market yields on
outstanding marketable obligations of the United States
of comparable maturity.''
SUBTITLE E--INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT
Section 611(e)(1)(A) of, the Individuals with Disabilities
Education Act (IDEA), as amended by Public Law 108-446, the
Individuals with Disabilities Education Improvement Act of 2004
allows states and outlying areas to reserve money for state
administrative purposes, but omitted language allowing the
Secretary of the Interior to reserve money for state
administrative purposes. While arguably the Department of
Education can permit this use of funds in regulations, the
support for this use would be more clearly supported if it were
included in the statute. The suggested addition to section
611(e)(1)(A) provided below, would clarify that the Secretary
of the Interior is not barred from reserving a portion of the
Special Education, Part B dollars, for administrative costs,
similar to all states and outlying areas that also receive
these dollars.
In addition, section 611(h)(1)(A), now imposes statutory
deadlines as to when the Department of the Interior is to
distribute the IDEA Part B dollars they receive. This provision
is unlike any requirement imposed on any state or outlying
area. This provision requires the Secretary of the Interior to
distribute these dollars without first determining what the
need is at each school, or without looking first to the dollars
appropriated to the Department of the Interior for special
education services. Therefore, the Department of the Interior
will no longer be able to use the individual need of each
student as the basis for the distribution of the Part B dollars
or ensure that funding given to the schools is being used
properly. Therefore, the Department recommends the deletion of
section 611(h)(1)(A)(i) and (ii), which would allow the
Secretary of the Interior to distribute IDEA Part B dollars
based on student need and removes the distribution dates.
Section 611 of the Individuals with Disabilities Education
Act is amended by:
(1) Adding subsection (iii) to section 611(e)(1)(A):
``(iii) The Secretary of the Interior may reserve for
each fiscal year not more than 5 percent of the amount
the Department of the Interior receives under (h)(1)(A)
for the fiscal year or $800,000 (adjusted in accordance
with subparagraph B), whichever is greater.''.
(2) Deleting in section 611(h)(1)(A) the following
sentence: ``Of the amounts described in the preceding
sentence--(i) 80 percent shall be allocated to such schools by
July 1 of that fiscal year; and (ii) 20 percent shall be
allocated to such schools by September 30 of that fiscal
year''.
Youpee and Sisseton-Wahpeton
A new title should be added to S. 536 that would provide a
technical correction to address the decisions in Youpee v.
Babbitt and DuMarce v. Norton. The United States Supreme Court
in Youpee held the escheat provision of the Indian Land
Consolidation Act as unconstitutional. In DuMarce, the District
Court for the District of South Dakota found unconstitutional a
statute under which any interest of less than two and a half
acres would automatically escheat to the Sisseton Wahpeton
Sioux Tribe. As a result of these two decisions, the Department
is faced with having to revest interests that escheated under
both statutes back to the rightful heir. We request that a new
title be added declaring that any interest that escheated
pursuant to these Acts be vested in the tribe to which they
escheated unless they have been revested in the name of the
heirs of the allottee by the Secretary since the escheatment.
The provision should provide that the escheat of those
interests to the tribes involved a taking by the United States
and should provide compensation to the heirs of those escheated
interests.
Unclaimed Property
Under state law, a state may sell or auction off certain
personal property that has not been claimed by an owner within
a certain amount of time, usually within 5 years. This is not
the case with inactive Individual Indian Money accounts or real
property interests. Often times the whereabouts of account
owners are unknown to the Department because account holders do
not respond to our requests for address information and our
repeated attempts to locate them have been unsuccessful. This
may be because the small amount in their account does not make
such effort worthwhile. However, the Department must account
for every interest regardless of size and we do not have the
authority to stop administering accounts where whereabouts of
the owner are unknown. We must have the authority to close
these small accounts and restore economic value to the assets
if the owner does not claim their interest within a certain
amount of time. If the owner does not come forward, the revenue
generated from the interest should be held in a general holding
account against which claims could be made in the future if the
owner's whereabouts become known or used to further the
fractionation program.
Conclusion
The Department looks forward to working with the Committee
on addressing the above issues. The Office of Management and
Budget has advised that there is no objection to the
presentation of this report from the standpoint of the
Administration's program.
Sincerely,
Matt Eames,
Director, Office of Congressional and Legislative Affairs.
Changes in Existing Law
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
enactment of S. 536 will result in the following changes in
existing law, (existing law proposed to be omitted is enclosed
in black brackets and the new language to be added in italic,
existing law in which no change is proposed is shown in roman):
Indian Financing Act Amendments
(Pub. L. 93-262)
25 U.S.C. 1481
Section 201 of Public Law 93-262 is amended as follows:
[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
losses 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.
25 U.S.C. 1484
Section 204 of the Indian Financing Act of 1974 is amended
as follows:
[SEC. 204.] SEC. 204. LOAN APPROVAL.
25 U.S.C. 1486
Section 206 of the Indian Financing Act of 1974 is amended
as follows: 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
1936 (except loans made by certified Community Development
Finance Institutions) shall not be eligible for guaranty or
insurance hereunder.
25 U.S.C. 1497(B)
Section 217(b) of the Indian Financing Act of 1974 is
amended as follows:
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.
Indian Tribal Justice Technical and Legal Assistance
(Pub. L. 106-559)
25 U.S.C. 3666
Section 106 of the Indian Tribal Justice Technical and
Legal Assistance Act is amended as follows:
For purposes of carrying out the activities under this
subchapter, there are authorized to be appropriated such sums
as are necessary for fiscal years [2000] 2004 through [2004]
2010.
25 U.S.C. 3681(d)
Section 201(d) of the Indian Tribal Justice Technical and
Legal Assistance Act is amended as follows:
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] 2004 through [2004] 2010.
Indian Tribal Justice Systems
(Pub. L. 106-559)
25 U.S.C. 3621(a)(b)(c)(d)
Section 201 of the Indian Tribal Justice Act are amended as
follows:
(a) There is authorized to be appropriated to carry out the
provisions of sections 3611 and 3612 of this title, $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) There is authorized to be appropriated to carry out the
provisions of section 3613 of this title $50,000,000 for each
of the fiscal years 2000 through [2007] 2010.
(c) 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) 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.
Indian Pueblo Land Act Amendments
(43 Stat. 636, Chapter 331)
The Act of June 7, 1924, also known as the Indian Pueblo
Land Act is amended as follows:
At the end of 43 Stat. 636 insert 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 form 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 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 a member
of any Indian tribe 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.
Gila River Indian Community Mandatory Binding Arbitration
25 U.S.C. 415(f)
Section (f) of the Act of August 5, 1955 is amended as
follows:
(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 925 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. 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, 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.
Definition of Native American
25 U.S.C. 3001(9)
25 U.S.C. 3001(9) is amended as follows:
(9) ``Native American'' means of, or relating to, a
tribe, people, or culture that is or was indigenous to
any geographic area that is now located within the
boundaries of the United States.
Fallon Paiute-Shoshone Tribe Settlement
(P.L. 101-618)
104 Stat. 3289
Section 102(C) of the Fallon Paiute Shoshone Indian Tribes
Water Rights Settlement Act of 1990 (104 Stat. 3289) is amended
as follows:
(C)(1) [The income of the Fund may be obligated and
expended only for the following purposes:] 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 ``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:
(a) Tribal economic development, including
development of long-term profit-making opportunities
for the Fallon Paiute-Shoshone Tribe (hereinafter
referred to in the Act as ``Tribes'') and its tribal
members, and the development of employment
opportunities for tribal members;
(b) Tribal governmental services and facilities;
(c) Per capita distributions to tribal members;
(d) Rehabilitation and betterment of the irrigation
system on the Fallon Paiute Shoshone Indian Reservation
(hereinafter referred to in the Act as ``Reservation'')
not including lands added to the Reservation pursuant
to the provisions of Public Law 95-337, 92 Stat. 455;
(e) Acquisition of lands, water rights or related
property interests located outside the Reservation from
willing sellers, and improvement of such lands;
(f) Acquisition of individually-owned land, water
rights or related property interests on the Reservation
from willing sellers, including those held in trust by
the United States.
(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.
(2) Except as provided in subsection (C)(3) of this
section, the principal of the Fund shall not be obligated or
expended.
(3) In obligating and expending funds for the purposes set
forth in subsections (C)(1)(d), (C)(1)(e) and (C)(1)(f) of this
section, the Tribes may obligate and expend no more than 20
percent of the principal of the Fund, provided that any amounts
so obligated and expended from principal must be restored to
the principal from repayments of such amounts expended for the
purposes identified in this subsection, or from income earned
on the remaining principal.
[(4) In obligating and expending funds for the purpose set
forth in subsection (C)(1)(c), no more than twenty percent of
the annual income from the Fund may be obligated or expended
for the purpose of providing per capita payments to tribal
members.] (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.
(D) The Tribes shall invest, manage, and use the monies
appropriated to the Fund for the purposes set forth in this
section in accordance with the plan developed in consultation
with the Secretary under subsection (F) of this section.
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 the
purposes of conforming the Fund plan to this title and making
non-substantive updates, improvements, or corrections to the
original Fund plan.
(E) Upon the request of the Tribes, the Secretary shall
invest the sums deposited in, accruing to, and remaining in the
Fund, in interest-bearing deposits and securities in accordance
with the Act of June 24, 1938, 52 Stat. 1037, 25 U.S.C. 162a,
as amended. All income earned on such investments shall be
added to the Fund.
(F)(1) The Tribes shall develop a plan, in consultation
with the Secretary, for the investment, management,
administration and expenditure of the monies in the Fund, and
shall submit the plan to the Secretary. The plan shall set
forth the manner in which such monies will be managed,
administered, and expended for the purposes outlined in
subsection (C)(1) of this section. Such plan may be revised and
updated by the Tribes in consultation with the Secretary.
(2) The plan shall include a description of a project for
the rehabilitation and betterment of the existing irrigation
system on the Reservation. The rehabilitation and betterment
project shall include measures to increase the efficiency of
irrigation deliveries. The Secretary may assist in the
development of the rehabilitation and betterment project, and
the Tribes shall use its best efforts to implement the project
within four years of the time when appropriations authorized in
subsection (B) of this section become available.
(3) Upon the request of the Tribes, the Secretary of the
Treasury and the Secretary of the Interior shall make available
to the Tribes, monies from the Fund to serve any of the
purposes set forth in subsection (C)(1) of this section, except
that no disbursement shall be made to the Tribes unless and
until they adopt the plan required under this section.
(G) The provisions of section 7 of Public Law 93-134, 87
Stat. 468, as amended by section 4 of Public Law 97-458, 96
Stat. 2513, 25 U.S.C. 1407, shall apply to any funds which may
be distributed per capita under subsection (C)(1)(c) of this
section.
104 Stat. 3293
Section 107 of the Fallon Paiute Shoshone Indian Tribes
Water Rights Settlement Act of 1990 is amended as follows:
For the purposes of this title, and for no other purpose--
(A) the term ``Fallon Paiute Shoshone Tribal
Settlement Fund'' or ``Fund'' means the Fund
established under section 102(A) of this Act to
enable the Fallon Paiute Shoshone Tribes to
carry out the purposes set forth in section
102(C)(1) of this title;
[(B) the term ``income'' means all interest,
dividends, gains and other earnings resulting
from the investment of the principal of the
Fallon Paiute Shoshone Tribal Settlement Fund,
and the earnings resulting from the investment
of such income;] (B) the term ``Fund fiscal
year'' means a fiscal year of the fund (as
defined in the Fund plan);
[(C) the term ``rincipal'' means the total
sum of monies appropriated to the Fallon Paiute
Shoshone Tribal Settlement Fund under section
102(3) of this Act;] (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);
[(D)] (F) the term ``Reservation'' means the
lands set aside for the benefit of the Fallon
Paiute Shoshone Tribes by the orders of the
Department of the Interior of April 20, 1907,
and November 21, 1917, as expanded and
confirmed by the Act of August 4, 1978, Public
Law 95-337, 92 Stat. 457;
[(E)] (G) the term ``Secretary'' means the
Secretary of the Department of the Interior;
[(F)] (H) the term ``tribal members'' means
the enrolled members of the Fallon Paiute
Shoshone Tribes; and
[(G)] (I) the term ``tribes'' means the
Fallon Paiute-Shoshone Tribe.
Washoe Tribes of Nevada and California Land Conveyance
Pub. L. 108-67
117 Stat. 880
Section 2 of Public Law 108-67 is amended as follows:
Subject to valid existing rights, the easement reserved
under section 3, and the condition stated in section 4, the
Secretary of Agriculture shall convey to the Secretary of the
Interior, in trust for the Tribe, for no consideration, all
right, title, and interest in [the parcel of land comprising
approximately 24.3 acres, located within the Lake Tahoe Basin
Management Unit north of Skunk Harbor, Nevada, and more
particularly described as Mount Diablo Meridian, T15N, R18E,
section 27, lot 3.] 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.
Indian Arts and Crafts
25 U.S.C. 305(d)
Section 5 of the Act of August 27, 1935 is amended as
follows:
[SEC. 5. REFERRAL FOR CRIMINAL AND CIVIL VIOLATIONS; COMPLAINTS;
RECOMMENDATIONS] 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 proceedings under subsection (a), the Board may
recommend that the Attorney General initiate a civil action
pursuant to section 6.
Section 6 of the Act of August 27, 1935 is amended as
follows:
Sec. 305e. Cause of action for misrepresentation of Indian produced
goods and products
(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. 450(b)).
(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.
[(a)] (b) Injunctive or Other Equitable Relief; Damages.--A
person specified in subsection (c) may, in a civil action in a
court of competent jurisdiction, bring an action against a
person who, directly or indirectly, offers or displays for sale
or sells a good, with or without a Government trademark, in a
manner that falsely suggests it is Indian produced, an Indian
product, or the product of a particular Indian or Indian tribe
or Indian arts and crafts organization, resident within the
United States, to--
(1) obtain injunctive or other equitable relief; and
(2) recover the greater of--
(A) treble damages; or
(B) in the case of each aggrieved individual
Indian, Indian tribe, or Indian arts and crafts
organization, not less than $1,000 for each day
on which the offer or display for sale or sale
continues.
For purposes of paragraph (2)(A), damages shall include any
and all gross profits accrued by the defendant as a result of
the activities found to violate this subsection.
[(b)] (c) Punitive Damages; Attorney's Fee.--In addition to
the relief specified in subsection (a), the court may award
punitive damages and the costs of [suit] the civil action and a
reasonable attorney's fee.
[ (c) Persons Who May Initiate Civil Actions.--
(1) A civil action under subsection (a) may be
commenced--
(A) by the Attorney General of the United
States upon request of the Secretary of the
Interior on behalf of an Indian who is a member
of an Indian tribe or on behalf of an Indian
tribe or Indian arts and crafts organization;
(B) by an Indian tribe on behalf of itself,
an Indian who is a member of the tribe, or on
behalf of an Indian arts and crafts
organization; or
(C) by an Indian arts and crafts organization
on behalf of itself, or by an Indian on behalf
of himself or herself.
(2) Any amount recovered pursuant to this section
shall be paid to the individual Indian, Indian tribe,
or Indian arts and crafts organization, except that--
(A) in the case of paragraph (1)(A), the
Attorney General may deduct from the amount
recovered--
(i) the amount for the costs of suit
and reasonable attorney's fees awarded
pursuant to subsection (b) and deposit
the amount of such costs and fees as a
reimbursement credited to
appropriations currently available to
the Attorney General at the time of
receipt of the amount recovered; and
(ii) the amount for the costs of
investigation awarded pursuant to
subsection (b) and reimburse the Board
the amount of such costs incurred as a
direct result of Board activities in
the suit; and
(B) in the case of paragraph (1)(B), the
amount recovered for the costs of suit and
reasonable attorney's fees pursuant to
subsection (b) may be deducted from the total
amount awarded under subsection (a)(2).
(d) Definitions.--As used in this section--
(1) the term ``Indian'' means any individual who is a
member of an Indian tribe; or for the purposes of this
section is certified as an Indian artisan by an Indian
tribe;
(2) subject to subsection (f), the terms ``Indian
product'' and ``product of a particular Indian tribe or
Indian arts and crafts organization'' has the meaning
given such term in regulations which may be promulgated
by the Secretary of the Interior;
(3) the term ``Indian tribe'' means--
(A) any Indian tribe, band, nation, Alaska
Native village, or other organized group or
community which is recognized as eligible for
the special programs and services provided by
the United States to Indians because of their
status as Indians; or
(B) any Indian group that has been formally
recognized as an Indian tribe by a State
legislature or by a State commission or similar
organization legislatively vested with State
tribal recognition authority; and
(4) the term ``Indian arts and crafts organization''
means any legally established arts and crafts marketing
organization composed of members of Indian tribes.]
(d) Persons Who 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;
(D) an Indian arts and craft 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.--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.
[(e) In the Event That] (e) Savings Provision.--If any
provision of this section is held invalid, it is the intent of
Congress that the remaining provisions of this section shall
continue in full force and effect.
[(f) Regulations.--Not later than 180 days after the date
of enactment of the Indian Arts and Crafts Enforcement Act of
2000 [enacted Nov. 9, 2000], the Board shall promulgate
regulations to include in the definition of the term ``Indian
product'' specific examples of such product to provide guidance
to Indian artisans as well as to purveyors and consumers of
Indian arts and crafts, as defined under this Act [25 U.S.C.
Sec. Sec. 305 et seq.].]
(f) Regulations.--Not later than 180 days after the
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.
Section 1159 ( c) of title 18, United States Code is
amended as follows:
(c) As used in this section--
(1) the term ``Indian'' means any individual who is a
member of an Indian tribe, or for the purposes of this section
is certified as an Indian artisan by an Indian tribe;
(2) the terms ``Indian product'' and ``product of a
particular Indian tribe or Indian arts and crafts
organization'' has the meaning given such term in regulations
which may be promulgated by the Secretary of the Interior;
[(3) the term ``Indian tribe'' means--
[(A) any Indian tribe, band, nation, Alaska Native village,
or other organized group or community which is recognized as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians; or
[(B) any Indian group that has been formally recognized as
an Indian tribe by a State legislature or by a State commission
or similar organization legislatively vested with State tribal
recognition authority; and]
(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
(4) the term ``Indian arts and crafts organization''
means any legally established arts and crafts marketing
organization composed of members of Indian tribes.
Native American Programs Act of 1974
Title 42. The Public Health and Welfare
CHAPTER 34--ECONOMIC OPPORTUNITY PROGRAM
SEC. 2991B-2(D) INTRA-DEPARTMENTAL COUNCIL ON NATIVE AMERICAN AFFAIRS
(1) [There is established in the Office of the Secretary
the Intra-Departmental Council on Native American Affairs. The
Commissioner shall be the chairperson of such Council and shall
advise the Secretary on all matters affecting Native Americans
that involve the Department. The Director of the Indian Health
Service shall serve as vice chairperson of the Council.] 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.
Sec. 2992d. AUTHORIZATION OF APPROPRIATIONS
[(a) There are authorized to be appropriated for the
purpose of carrying out the provisions of this subchapter
(other than sections 2991b(d), 2991b-1, 2991b-3 of this title,
subsection (e) of this section, and any other provision of this
subchapter for which there is an express authorization of
appropriations), such sums as may be necessary for each of
fiscal years 1999, 2000, 2001, and 2002.]
(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) Not less than 90 per centum of the funds made
available to carry out the provisions of this subchapter (other
than sections 2991b(d), 2991b-1, 2991b-3, 2991c of this title,
subsection (e) of this section, and any other provision of this
subchapter for which there is an express authorization of
appropriations) for a fiscal year shall be expended to carry
out section 2991b(a) of this title for such fiscal year.]
(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).
[(c) There is authorized to be appropriated $8,000,000 for
each of fiscal years 1999, 2000, 2001, and 2002, for the
purpose of carrying out the provisions of section 2991b(d) of
this title.]
[(d)] (c) (1) For fiscal year 1994, there are authorized to
be appropriated such sums as may be necessary for the purpose
of--
(A) establishing demonstration projects to
conduct research related to Native American
studies and Indian policy development; and
(B) continuing the development of a detailed
plan, based in part on the results of the
projects, for the establishment of a National
Center for Native American Studies and Indian
Policy Development.
(2) Such a plan shall be delivered to the Congress not
later than 30 days after September 30, 1992.
[(e) There are authorized to be appropriated to carry out
section 2991b-3 of this title such sums as maybe necessary for
each of fiscal years 1999, 2000, 2001, and 2002.]
Sec. 2992-1. [Annual report]
SEC. 811A. REPORTS.
[The Secretary shall, not later than January 31 of each
year] Every 5 years, the Secretary shall prepare and transmit
to the President pro tempore of the Senate and the Speaker of
the House of Representatives [an annual report] a report on the
social and economic conditions of American Indians, Native
Hawaiians, other Native American Pacific Islanders (including
American Samoan Natives), and Alaska Natives, together with
such recommendations to Congress as the Secretary considers to
be appropriate.
Research and Educational Activities
20 U.S.C. 7515
Section 7205(a)(3) of the Native Hawaiian Education Act (20
U.S.C. 7515(a)(3)) is amended by the following:
(J) research and data collection activities to determine
the educational status and needs of Native Hawaiian children
and adults;
(K) research and educational activities relating to Native
Hawaiian law;
[(K)] (L) other research and evaluation activities related
to programs carried out under this part; and
[(L)] (M) other activities, consistent with the purposes of
this part, to meet the educational needs of Native Hawaiian
children and adults.
Definition of Indian Student Count
20 U.S.C. 2327
Section 117(h) of the Carl D. Perkins Vocational and
Technical Education Act of 1998 (20 U.S.C. 2327(h)) is amended
by the following:
[(2) Indian student count.--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,
determined as follows:
[(A) Registrations.--The registrations of
Indian students as in effect on October 1 of
each year.
[(B) Summer term.--Credits or clock hours
toward a certificate earned in classes offered
during a summer term shall be counted toward
the computation of the Indian student count in
the succeeding fall term.
[(C) Admission criteria.--Credits or clock
hours toward a certificate earned in classes
during a summer term shall be counted toward
the computation of the Indian student count if
the institution at which the student is in
attendance has established criteria for the
admission of such student on the basis of the
student's ability to benefit from the education
or training offered. The institution shall be
presumed to have established such criteria if
the admission procedures for such studies
include counseling or testing that measures the
student's aptitude to successfully complete the
course in which the student has enrolled. No
credit earned by such student for purposes of
obtaining a secondary school degree or its
recognized equivalent shall be counted toward
the computation of the Indian student count.
[(D) Determination of hours.--Indian students
earning credits in any continuing education
program of a tribally controlled postsecondary
vocational and technical institution shall be
included in determining the sum of all credit
or clock hours.
[(E) Continuing education.--Credits or clock
hours earned in a continuing education program
shall be converted to the basis that is in
accordance with the institution's system for
providing credit for participation in such
programs.]
(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.
Native Nations Leadership, Management, and Policy
20 U.S.C. 5602
(a) 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
as follows:
(5) the term ``foundation'' means the Morris K. Udall
scholarship and Excellence in national Environmental
Policy Foundation established under section 5603(a) of
this title.
(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);
[6] (7) the term ``Institute'' means the United
States Institute for Environmental Conflict Resolution
established pursuant to section 5605(a)(1)(D) of this
title;
[7] (8) the term ``institution of higher education''
has the same meaning given to such term by section 1001
of this title;
[8] (9) the term ``state'' means each of the several
States, the District of Columbia, Guam, the Virgin
Islands, American Samoa, the commonwealth of the
Northern Mariana Islands, the Republic of the Marshall
Islands, the Federal States of Micronesia, and the
Republic of Palau (until the Compact of Free
Association is ratified) and
[9] (10) the term ``Trust Fund'' means the Morris K.
Udall Scholarship and Excellence in National
Environmental Policy Trust Fund established in section
5606 of this title.
(b) 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 as follows:
[(C) The Foundation may award scholarships,
fellowships, internships and grants to eligible
individuals in accordance with the provisions
of this chapter for study in fields related to
the environment and Native American and Alaska
Native health care and tribal public policy.
Such scholarships, fellowships, internships and
grants shall be awarded to eligible individuals
who meet the minimum criteria established by
the Foundations.]
(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
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 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.
(c) 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 as follows:
[(c) Training of professionals in health care and public
policy there is authorized to be appropriated to carry out
section 5604(7) of this title $12,300,000 for the 5-fiscal year
period beginning with the fiscal year in which this subsection
is enacted.]
(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).
Border Preparedness on Indian Land
6 U.S.C. 251
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 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 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
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 such sums as are necessary to carry out this section for
each of fiscal years 2006 through 2008.
Authorization of 99-year Leases
25 U.S.C. 415(a)
(a) Authorized Purposes; Term; Approval by Secretary.--
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 the 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 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 Coeur d'Alene Indian 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 Reservation,
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
Indian 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 compromising
the Moses Allotment Numbered 10, Helen County, Washington, 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
Reservation, lands held in trust for the Fallon Paiute Shoshone
Tribes, lands held in trust for the Cherokee Nation of
Oklahoma, land held in trust for the Prairie Band of Potawatomi
Nation, 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 Confederated Tribes of the Coville
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 of not to exceed ten
years. Leases for public, religious, educational, recreational,
residential, or business purposes (except leases the initial
term of which extends for more than seventy-four years) 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.