[House Report 109-298]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-298
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
NATIVE AMERICAN TECHNICAL CORRECTIONS ACT OF 2005
_______
November 16, 2005.--Ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3351]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3351) to make technical corrections to laws relating to
Native Americans, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native American
Technical Corrections Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE
AMERICANS
Sec. 101. Indian Financing Act amendments.
Sec. 102. Gila River Indian Community binding arbitration.
Sec. 103. Alaska Native Claims Settlement Act voting standards
amendment.
Sec. 104. Indian tribal justice technical and legal assistance.
Sec. 105. Tribal justice systems.
Sec. 106. ANCSA amendment.
Sec. 107. Mississippi Band of Choctaw transportation reimbursement.
Sec. 108. Indian Pueblo Land Act Amendments.
TITLE II--INDIAN LAND LEASING
Sec. 201. Prairie Island land conveyance.
Sec. 202. Authorization of 99-year leases.
TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE
AMERICANS
SEC. 101. INDIAN FINANCING ACT AMENDMENTS.
(a) Loan Guaranties and Insurance.--Section 201 of the Indian
Financing Act of 1974 (25 U.S.C. 1481) is amended--
(1) by striking ``the Secretary is authorized (a) to
guarantee'' and inserting
``the Secretary may--
``(1) guarantee'';
(2) by striking ``Indians; and (b) in lieu of such guaranty,
to insure'' and inserting
``Indians; or
``(2) to insure'';
(3) by striking ``Sec. 201. In order'' and inserting the
following:
``SEC. 201. LOAN GUARANTIES AND INSURANCE.
``(a) In General.--In order''; and
(4) by adding at the end the following:
``(b) Eligible Borrowers.--The Secretary may guarantee or insure
loans under subsection (a) to both for-profit and nonprofit
borrowers.''.
(b) Loan Approval.--Section 204 of the Indian Financing Act of 1974
(25 U.S.C. 1484) is amended by striking ``Sec. 204.'' and inserting the
following:
``SEC. 204. LOAN APPROVAL.''.
(c) Sale or Assignment of Loans and Underlying Security.--Section 205
of the Indian Financing Act of 1974 (25 U.S.C. 1485) is amended--
(1) by striking ``Sec. 205.'' and all that follows through
subsection (b) and inserting the following:
``SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDERLYING SECURITY.
``(a) In General.--All or any portion of a loan guaranteed or insured
under this title, including the security given for the loan--
``(1) may be transferred by the lender by sale or assignment
to any person; and
``(2) may be retransferred by the transferee.
``(b) Transfers of Loans.--With respect to a transfer described in
subsection (a)--
``(1) the transfer shall be consistent with such regulations
as the Secretary shall promulgate under subsection (h); and
``(2) the transferee shall give notice of the transfer to the
Secretary.'';
(2) by striking subsection (c);
(3) by redesignating subsections (d), (e), (f), (g), (h), and
(i) as subsections (c), (d), (e), (f), (g), and (h),
respectively;
(4) in paragraph (2) of subsection (c) (as redesignated by
paragraph (3))--
(A) by striking ``Validity.--'' and all that follows
through ``subparagraph (B),'' and inserting
``Validity.--Except as provided by regulations in
effect on the date on which a loan is made,''; and
(B) by striking ``incontestable'' and all that
follows and inserting ``incontestable.'';
(5) in subsection (e) (as redesignated by paragraph (3))--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Compensation of fiscal transfer agent.--A fiscal
transfer agent designated under subsection (f) may be
compensated through any of the fees assessed under this section
and any interest earned on any funds or fees collected by the
fiscal transfer agent while the funds or fees are in the
control of the fiscal transfer agent and before the time at
which the fiscal transfer agent is contractually required to
transfer such funds to the Secretary or to transferees or other
holders.''; and
(6) in subsection (f) (as redesignated by paragraph (3))--
(A) by striking ``subsection (i)'' and inserting
``subsection (h)''; and
(B) in paragraph (2)(B), by striking ``, and issuance
of acknowledgments,''.
(d) Loans Ineligible for Guaranty or Insurance.--Section 206 of the
Indian Financing Act of 1974 (25 U.S.C. 1486) is amended by striking
``Internal Revenue Code of 1954, as amended,'' and inserting ``Internal
Revenue Code of 1986 (except loans made by certified Community
Development Finance Institutions)''.
(e) Aggregate Loans or Surety Bonds Limitation.--Section 217(b) of
the Indian Financing Act of 1974 (25 U.S.C. 1497(b)) is amended by
striking ``$500,000,000'' and inserting ``$1,500,000,000''.
SEC. 102. GILA RIVER INDIAN COMMUNITY BINDING ARBITRATION.
(a) Amendments.--Subsection (f) of the first section of the Act of
August 9, 1955 (25 U.S.C. 415(f)), is amended--
(1) in the first sentence, by striking ``Any lease'' and all
that follows through ``affecting land'' and inserting ``Any
contract, including a lease, affecting land''; and
(2) in the second sentence, by striking ``Such leases or
contracts entered into pursuant to such Acts'' and inserting
``Such contracts''.
(b) Effective Date.--The amendments made by subsection (a) shall take
effect as if included in Public Law 107-159 (116 Stat. 122).
SEC. 103. ALASKA NATIVE CLAIMS SETTLEMENT ACT VOTING STANDARDS
AMENDMENT.
(a) In General.--Subsection (d)(3) of section 36 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1629b) (as amended by subsection (b))
is amended--
(1) by inserting after ``of this section'' the following:
``or an amendment to the articles of incorporation described in
section 7(g)(1)(B)''; and
(2) by inserting ``or amendment'' after ``meeting relating to
such resolution'' each place it appears.
(b) Technical Corrections.--
(1)(A) Section 337(a) of the Department of the Interior and
Related Agencies Appropriations Act, 2003 (Division F of Public
Law 108-7; 117 Stat. 278; February 20, 2003) is amended--
(i) in the matter preceding paragraph (1), by
striking ``Section 1629b of title 43, United States
Code,'' and inserting ``Section 36 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1629b)'';
(ii) in paragraph (2), by striking ``by creating the
following new subsection:'' and inserting ``in
subsection (d), by adding at the end the following:'';
and
(iii) in paragraph (3), by striking ``by creating the
following new subsection:'' and inserting ``by adding
at the end the following:''.
(B) Section 36 of the Alaska Native Claims Settlement Act (43
U.S.C. 1629b) is amended--
(i) in subsection (d)(3), by striking ``(d)''; and
(ii) in subsection (f), by striking ``section 1629e
of this title'' and inserting ``section 39''.
(2)(A) Section 337(b) of the Department of the Interior and
Related Agencies Appropriations Act, 2003 (Division F of Public
Law 108-7; 117 Stat. 278; February 20, 2003) is amended by
striking ``Section 1629e(a)(3) of title 43, United States
Code,'' and inserting ``Section 39(a)(3) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1629e(a)(3))''.
(B) Section 39(a)(3)(B)(ii) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1629e(a)(3)(B)(ii)) is amended by
striking ``(a)(4) of section 1629b of this title'' and
inserting ``section 36(a)(4)''.
(3) The amendments made by this subsection take effect on
February 20, 2003.
SEC. 104. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE.
Sections 106 and 201(d) of the Indian Tribal Justice Technical and
Legal Assistance Act of 2000 (25 U.S.C. 3666, 3681(d)) are amended by
striking ``for fiscal years 2000 through 2004'' and inserting ``for
fiscal years 2004 through 2010''.
SEC. 105. TRIBAL JUSTICE SYSTEMS.
Subsections (a), (b), (c), and (d) of section 201 of the Indian
Tribal Justice Act (25 U.S.C. 3621) are amended by striking ``2007''
and inserting ``2010''.
SEC. 106. ANCSA AMENDMENT.
All land and interests in land in the State of Alaska conveyed by the
Federal Government under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.) to a Native Corporation and reconveyed by that
Native Corporation, or a successor in interest, in exchange for any
other land or interest in land in the State of Alaska and located
within the same region (as defined in section 9(a) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1608(a)), to a Native Corporation
under an exchange or other conveyance, shall be deemed, notwithstanding
the conveyance or exchange, to have been conveyed pursuant to that Act.
SEC. 107. MISSISSIPPI BAND OF CHOCTAW TRANSPORTATION REIMBURSEMENT.
The Secretary of the Interior, acting through the Bureau of Indian
Affairs, is authorized and directed to enter into a contract in order
to accept funds from the State of Mississippi and deposit such funds in
trust account number PL7489708 at the Office of Trust Funds Management
for the benefit of the Mississippi Band of Choctaw Indians, as set
forth in the agreement executed by the Mississippi Department of
Transportation on June 7, 2005, and by the Mississippi Band of Choctaw
Indians on June 2, 2005. Thereafter, the tribe may draw down these
moneys from this trust account by resolution of the Tribal Council,
pursuant to Federal law and regulations applicable to such accounts.
SEC. 108. INDIAN PUEBLO LAND ACT AMENDMENTS.
The Act of June 7, 1924 (43 Stat. 636, chapter 331), is amended by
adding at the end the following:
``SEC. 20. CRIMINAL JURISDICTION.
``(a) In General.--Except as otherwise provided by Congress,
jurisdiction over offenses committed anywhere within the exterior
boundaries of any grant from a prior sovereign, as confirmed by
Congress or the Court of Private Land Claims to a Pueblo Indian tribe
of New Mexico shall be provided in this section.
``(b) Jurisdiction of the Pueblo.--The Pueblo has jurisdiction, as an
act of the Pueblos inherent power as an Indian tribe, over any offense
committed by a member of the Pueblo or an Indian, as defined in section
201 of the Act of April 11, 1968 (25 U.S.C. 1301), or by any other
Indian-owned entity.
``(c) Jurisdiction of the United States.--The United States has
jurisdiction over any offense described in chapter 53 of title 18,
United States Code, committed by or against an Indian as defined in
section 201 of the Act of April 11, 1968 (25 U.S. C. 1301) or any
Indian-owned entity, or that involves any Indian property or interest.
``(d) Jurisdiction of the State of New Mexico.--The State of New
Mexico shall have jurisdiction over any offense committed by a person
who is not a member of a Pueblo or an Indian tribe, as defined in
section 201 of the Act of April 11, 1968 (25 U.S.C. 1301) which offense
is not subject to the jurisdiction of the United States.''.
TITLE II--INDIAN LAND LEASING
SEC. 201. PRAIRIE ISLAND LAND CONVEYANCE.
(a) In General.--The Secretary of the Army shall convey all right,
title, and interest of the United States in and to the land described
in subsection (b), including all improvements, cultural resources, and
sites on the land, subject to the flowage and sloughing easement
described in subsection (d) and to the conditions stated in subsection
(f), to the Secretary of the Interior, to be--
(1) held in trust by the United States for the benefit of the
Prairie Island Indian Community in Minnesota; and
(2) included in the Prairie Island Indian Community
Reservation in Goodhue County, Minnesota.
(b) Land Description.--The land to be conveyed under subsection (a)
is the approximately 1290 acres of land associated with the Lock and
Dam #3 on the Mississippi River in Goodhue County, Minnesota, located
in tracts identified as GO-251, GO-252, GO-271, GO-277, GO-278, GO-284,
GO-301 through GO-313, GO-314A, GO-314B, GO-329, GO-330A, GO-330B, GO-
331A, GO-331B, GO-331C, GO-332, GO-333, GO-334, GO-335A, GO-335B, GO-
336 through GO-338, GO-339A, GO-339B, GO-339C, GO-339D, GO-339E, GO-
340A, GO-340B, GO-358, GO-359A, GO-359B, GO-359C, GO-359D, and GO-360,
as depicted on the map entitled ``United States Army Corps of Engineers
survey map of the Upper Mississippi River 9-Foot Project, Lock & Dam
No. 3 (Red Wing), Land & Flowage Rights'' and dated December 1936.
(c) Boundary Survey.--Not later than 5 years after the date of
conveyance under subsection (a), the boundaries of the land conveyed
shall be surveyed as provided in section 2115 of the Revised Statutes
(25 U.S.C. 176).
(d) Easement.--
(1) In general.--The Corps of Engineers shall retain a
flowage and sloughing easement for the purpose of navigation
and purposes relating to the Lock and Dam No. 3 project over
the portion of the land described in subsection (b) that lies
below the elevation of 676.0.
(2) Inclusions.--The easement retained under paragraph (1)
includes--
(A) the perpetual right to overflow, flood, and
submerge property as the District Engineer determines
to be necessary in connection with the operation and
maintenance of the Mississippi River Navigation
Project; and
(B) the continuing right to clear and remove any
brush, debris, or natural obstructions that, in the
opinion of the District Engineer, may be detrimental to
the project.
(e) Ownership of Sturgeon Lake Bed Unaffected.--Nothing in this
section diminishes or otherwise affects the title of the State of
Minnesota to the bed of Sturgeon Lake located within the tracts of land
described in subsection (b).
(f) Conditions.--The conveyance under subsection (a) is subject to
the conditions that the Prairie Island Indian Community shall not--
(1) use the conveyed land for human habitation;
(2) construct any structure on the land without the written
approval of the District Engineer; or
(3) conduct gaming (within the meaning of section 4 of the
Indian Gaming Regulatory Act (25 U.S.C. 2703)) on the land.
(g) No Effect on Eligibility for Certain Projects.--Notwithstanding
the conveyance under subsection (a), the land shall continue to be
eligible for environmental management planning and other recreational
or natural resource development projects on the same basis as before
the conveyance.
(h) Effect of Section.--Nothing in this section diminishes or
otherwise affects the rights granted to the United States pursuant to
letters of July 23, 1937, and November 20, 1937, from the Secretary of
the Interior to the Secretary of War and the letters of the Secretary
of War in response to the Secretary of the Interior dated August 18,
1937, and November 27, 1937, under which the Secretary of the Interior
granted certain rights to the Corps of Engineers to overflow the
portions of Tracts A, B, and C that lie within the Mississippi River 9-
Foot Channel Project boundary and as more particularly shown and
depicted on the map entitled ``United States Army Corps of Engineers
survey map of the Upper Mississippi River 9-Foot Project, Lock & Dam
No. 3 (Red Wing), Land & Flowage Rights'' and dated December 1936.
SEC. 202. AUTHORIZATION OF 99-YEAR LEASES.
(a) In General.--Subsection (a) of the first section of the Act of
August 9, 1955 (25 U.S.C. 415(a)), is amended in the second sentence:
(1) by inserting ``the reservation of the Confederated Tribes
of the Umatilla Indian Reservation,'' before ``the Burns Paiute
Reservation,'';
(2) by inserting ``the'' before ``Yavapai-Prescott'';
(3) by inserting ``the Muckleshoot Indian Reservation and
land held in trust for the Muckleshoot Indian Tribe,'' after
``the Cabazon Indian reservation,'';
(4) by inserting ``lands held in trust for the Fallon Paiute
Shoshone Tribes,'' before ``lands held in trust for the Pueblo
of Santa Clara'';
(5) by striking ``the lands comprising the Moses Allotment
Numbered 10, Chelan County, Washington,'' and inserting the
following: ``the lands comprising the Moses Allotment Numbered
8 and the Moses Allotment Numbered 10, Chelan County,
Washington''; and
(6) by inserting ``land held in trust for the Yurok Tribe,
land held in trust for the Hopland Band of Pomo Indians of the
Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply only to any lease entered into or renewed after the date of the
enactment of this Act.
Purpose of the Bill
The purpose of H.R. 3351 is to make technical corrections
to laws relating to Native Americans, and for other purposes.
Background and Need for Legislation
H.R. 3351 makes technical corrections to laws relating to
Native Americans and Alaska Natives. This legislation addresses
an number of minor, non-controversial tribal issues in one
legislative package. As ordered reported, H.R. 3351 contains
ten proposed amendments to current law in areas relating to
tribal sovereignty, culture and economic development.
Committee Action
H.R. 3351 was introduced on July 19, 2005, by Congressman
Richard Pombo (R-CA). The bill was referred to the Committee on
Resources, and was also referred to the Committee on
Transportation and Infrastructure. On September 22, 2005, the
Resources Committee met to consider the bill. Congressman Pombo
offered an en bloc amendment to strike the word ``shall'' in
section 107 and insert ``is authorized and directed to enter
into a contract in order to.'' The en bloc amendment also
struck section 203 from the bill and conformed to the table of
contents accordingly. The amendment was adopted by unanimous
consent. The bill as amended was then ordered favorably
reported to the House of Representatives by unanimous consent.
Section-by-Section Analysis
Section 1. Short title; table of contents
Section 1 states the short title of the bill and lists the
table of contents.
TITLE I. TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE
AMERICANS
Section 101. Indian Financing Act amendments
Section 101 authorizes the implementation of a secondary
market for the Bureau of Indian Affairs (BIA) loan guaranty
program codified at 25 U.S.C. 1481. This provision also
authorizes non-profit borrowers to be eligible entities for BIA
guarantees or insurance and also increases the limit of the BIA
guaranty loans outstanding from $500 million to $1.5 billion.
Section 102. Gila River Indian Community binding arbitration
Section 102 amends the Act of August 9, 1955 (25 U.S.C.
415(f)) to allow binding arbitration clauses to be included in
all contracts affecting the land within the Gila River Indian
Community. This language is taken from H.R. 327, introduced by
Congressman Raul Grijalva (D-AZ) in the 109th Congress.
Section 103. Alaska Native Claims Settlement Act voting standards
amendment
Section 103 amends the voting standards that apply to a
vote to add shareholder descendants to a Native Regional
Corporation by a majority of the shares present at the
shareholders meeting. This language is taken from H.R. 1866,
introduced by Congressman Don Young (R-AK) in the 109th
Congress.
Section 104. Indian tribal justice technical and legal assistance
Section 104 extends the authorization of appropriations for
the Indian Tribal Justice Technical and Legal Assistance Act
(25 U.S.C. 3666) until 2010.
Section 105. Tribal justice systems
Section 105 extends the authorization of appropriations for
the Indian Tribal Justice Act (25 U.S.C. 3621) through 2010.
Section 106. ANCSA amendment
Section 106 clarifies that lands conveyed by the federal
government pursuant to the Alaska Native Claims Settlement Act
(43 U.S.C. 1601) retain their non-taxable status after an
exchange of land between Alaska Native Corporations.
Section 107. Mississippi Band of Choctaw transportation reimbursement
Section 107 would authorize and direct the United States
Department of the Interior to contract with the Mississippi
Department of Transportation for the purpose of reimbursing the
Mississippi Band of Choctaw for funds advanced by the tribe for
the purposes of improving Highway 16 in Neshoba County,
Mississippi.
Section 108. Indian Pueblo Land Act amendments
This section clarifies the uncertainty and potential law
enforcement jurisdiction problems on all 19 Indian Pueblo lands
in New Mexico. This provision makes it clear that the Indian
Pueblo tribal government has criminal jurisdiction over any
offense committed by a member of the Pueblo or an Indian in
general and that the U.S. has jurisdiction over any offense by
or against an Indian not of that pueblo. The State of New
Mexico has criminal jurisdiction over any offense committed by
a person who is a non-Indian. This language is taken from H.R.
600, introduced by Congressman Tom Udall (D-NM) in the 109th
Congress.
TITLE II. INDIAN LAND LEASING
Section 201. Prairie Island land conveyance
Section 201 authorizes the transfer of lands now held by
the U.S. Army Corps of Engineers to the Department of the
Interior to be held in trust on behalf of the Prairie Island
Indian Community. A no-gaming clause is attached to the
language. The existing flowage easements by the Corps are
preserved. This language is taken from H.R. 2128, introduced by
Congressman John Kline (R-MN) in the 109th Congress.
Section 202. Authorization of 99-year leases
Section 202 authorizes the following lands to be added to
the list of exceptions to the 25-year tribal business land
lease limitation under 25 U.S.C. 415: the reservation of the
Confederated Tribes of the Umatilla Indian Reservation; the
Muckleshoot Indian Reservation and land held in trust for the
Muckleshoot Indian Tribe; the lands held in trust for the
Fallon Paiute Shoshone Tribes; the lands comprising Moses
Allotment Numbered 8, Chelan County, Washington; land held in
trust for the Yurok Tribe; and land held in trust for the
Hopland Band of Pomo Indians of the Hopland Rancheria.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to make technical corrections to laws
relating to Native Americans.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3351--Native American Technical Corrections Act of 2005
Summary: H.R. 3351 would make a number of changes and
technical corrections to current laws concerning Native
Americans. The bill would triple the maximum limit on
outstanding principal for the Indian Guaranteed Loan program
from $500 million to $1.5 billion. It would extend the
authorization of appropriations for grants to Indian tribes for
justice training and technical assistance, as well as for civil
and criminal legal assistance grants. It also would extend the
authorization of appropriations for an Office of Tribal Justice
Support and for support to tribal systems. CBO estimates that
implementing H.R. 3351 would cost $2 million in 2006 and about
$210 million over the 2006-2010 period, assuming appropriation
of the necessary amounts.
H.R. 3351 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs no state, local, or tribal
governments. Several provisions would benefit Indian tribes.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3351 is shown in the following table.
The cost of this legislation would fall within budget functions
450 (community and regional development) and 750
(administration of justice).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2006 2007 2008 2009 2010
------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for
Indian Programs Reauthorized by
H.R. 3351:
Estimated Authorization 6 62 2 2 2
Level \1\..................
Estimated Outlays........... 12 61 13 5 2
Proposed Changes:
Increased Limit for Indian
Guaranteed Loans Program:
Estimated Authorization 0 2 5 5 6
Level..................
Estimated Outlays....... 0 (*) 2 3 5
Technical and Legal
Assistance for Tribal
Justice:
Estimated Authorization 10 10 10 11 11
Level..................
Estimated Outlays....... 2 5 7 9 11
Tribal Justice Systems:
Authorization Level..... 0 0 58 58 58
Estimated Outlays....... 0 0 52 58 58
Total Changes:
Estimated 10 12 73 74 75
Authorization Level
Estimated Outlays... 2 5 61 70 74
Total Spending Under H.R. 3351:
Estimated Authorization 16 74 75 76 77
Level......................
Estimated Outlays........... 14 66 74 75 76
------------------------------------------------------------------------
\1\ The 2006 amount reflects appropriations provided in that year for
affected programs by the Department of the Interior appropriations
act. Because there is no authorization for Technical and Legal
Assistance in 2006 and appropriations for the Department of Justice
have not yet been enacted, the 2006 amount includes no funding for
that program. Amounts for 2007 and later reflect specified authorized
levels in current law for affected programs.
Note: *=less than $500,000; components may not sum to totals because of
rounding.
Basis of Estimated: For this estimate, CBO assumes that
H.R. 3351 will be enacted during 2006 and that the necessary
amounts will be appropriated for each year.
Increased limit for Indian guaranteed loans
The Indian Guaranteed Loan program currently guarantees
around $400 million in outstanding loans to Indian Tribes,
Alaska Natives, and individual Indian-owned businesses to help
develop and encourage Indian management of Indian resources.
CBO estimates that if appropriations for the program continue
at current rates, the outstanding value of guaranteed loans
would reach the current statutory limit of $500 million in
2007. After reaching that limit, the program would only be able
to guarantee new loans to the extent that existing ones are
repaid. Under this bill, the limit of $500 million on the value
of outstanding loans would increase to $1.5 billion.
Under credit reform procedures, funds must be appropriated
in advance to cover the subsidy cost of such loan guarantees,
measured on a present value basis. The cost of such subsidies
depends on the volume of loans guaranteed and the risk
associated with different types of projects. The current loan-
guarantee program has an estimated average subsidy rate of
about 5 percent. Based on information from the department, CBO
estimates that new guarantee commitments would average about
$100 million a year over the next five years. Accounting for
the gradual disbursement of new loans under those commitments,
CBO estimates that guaranteeing new loans over the 2007-2010
period would cost about $10 million, subject to appropriation
of the necessary amounts.
Technical and legal assistance for tribal justice
Section 104 could authorize the appropriation of such sums
as may be necessary for fiscal years 2006 through 2010 to the
Department of Justice to provide grants to support tribal
courts and legal assistance programs. In 2005, $10 million was
appropriated for these programs. CBO estimates that continuing
this program at the 2005 level and adjusting for anticipated
inflation would require appropriations of $52 million and
result in outlays of $34 million over the five-year period.
Tribal justice systems
Section 105 would authorize the appropriation of $58
million a year over the 2008-2010 period for the Department of
the Interior to provide grants to Indian tribes to support
tribal justice systems and for the administrative expenses of
the Office of Tribal Justice Support. These grants could be
used to hire judicial personnel, provide technical assistance
and training, offer victim assistance, acquire law library
materials, and similar purposes. CBO estimates that
implementing this provision would cost $168 million over the
2008-2010 period, assuming the appropriation of the specified
amounts.
Intergovernmental and private-sector impact: H.R. 3351
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Several provisions would benefit Indian
tribes.
Previous CBO estimate: On April 29, 2005, CBO transmitted a
cost estimate for S. 536, the Native American Omnibus Act of
2005, as ordered reported by the Senate Committee on Indian
Affairs on March 9, 2005. The total cost of implementing H.R.
3351 would be significantly less than that for S. 536 because
provisions from the Senate bill that would reauthorize programs
from the Native American Programs Act of 1974 and extend the
authorization for the Morris K. Udall Scholarship and
Excellence Foundation are not included in H.R. 3351.
S. 536 also includes the provision to increase the limit on
outstanding loans for the Indian Guaranteed Loan program, but
CBO's April 29, 2005, estimate did not include the estimated
cost of $10 million over the 2007-2010 period for that
provision.
Estimate prepared by: Federal Costs: Mike Waters and Mark
Grabowicz; Impact on State, Local and Tribal Governments:
Marjorie Miller; Impact on the Private Sector: Selena Caldera.
Estimate approved by: Peter H. Fontaine; Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
INDIAN FINANCING ACT OF 1974
* * * * * * *
TITLE II--LOAN GUARANTY AND INSURANCE
[Sec. 201. In order]
SEC. 201. LOAN GUARANTIES AND INSURANCE.
(a) In General.--In order to provide access to private money
sources which otherwise would not be available, [the Secretary
is authorized (a) to guarantee] the Secretary may--
(1) guarantee not to exceed 90 per centum of the
unpaid principal and interest due on any loan made to
any organization of Indians having a form or
organization satisfactory to the Secretary, and to
individual [Indians; and (b) in lieu of such guaranty,
to insure] Indians; or
(2) to insure loans under an agreement approved by
the Secretary whereby the lender will be reimbursed for
loses in an amount not to exceed 15 per centum of the
aggregate of such loans made by it, but not to exceed
90 per centum of the loss on any one loan.
(b) Eligible Borrowers.--The Secretary may guarantee or
insure loans under subsection (a) to both for-profit and
nonprofit borrowers.
* * * * * * *
[Sec. 204.]
SEC. 204. LOAN APPROVAL.
The application for a loan to be guaranteed hereunder shall
be submitted to the Secretary for approval. The Secretary may
review each loan application individually and independently
from the lender. Upon approval, the Secretary shall issue a
certificate as evidence of the guaranty. Such certificate shall
be issued only when, in the judgment of the Secretary, there is
a reasonable prospect of repayment. No loan to an individual
Indian may be guaranteed or insured which would cause the total
unpaid principal indebtedness to exceed $500,000. No loan to an
economic enterprise (as defined in section 3) in excess of
$250,000, or such lower amount as the Secretary may determine
to be appropriate, shall be insured unless prior approval of
the loan is obtained from the Secretary.
[Sec. 205. (a) In General.--Any loan guaranteed or insured
under this title, including the security given for such loan,
may be sold or assigned by the lender to any person.
[(b) Initial Transfers.--
[(1) In general.--The lender of a loan guaranteed or
insured under this title may transfer to any individual
or legal entity--
[(A) all rights and obligations of the lender
in the loan or in the unguaranteed or uninsured
portion of the loan; and
[(B) any security given for the loan.
[(2) Additional requirements.--With respect to a
transfer described in paragraph (1)--
[(A) the transfer shall be consistent with
such regulations as the Secretary shall
promulgate under subsection (i); and
[(B) the lender shall give notice of the
transfer to the Secretary.
[(3) Responsibilities of transferee.--On any transfer
under paragraph (1), the transferee shall--
[(A) be deemed to be the lender for the
purpose of this title;
[(B) become the secured party of record; and
[(C) be responsible for--
[(i) performing the duties of the
lender; and
[(ii) servicing the loan in
accordance with the terms of the
guarantee by the Secretary of the loan.
[(c) Secondary Transfers.--
[(1) In general.--Any transferee under subsection (b)
of a loan guaranteed or insured under this title may
transfer to any individual or legal entity--
[(A) all rights and obligations of the
transferee in the loan or in the unguaranteed
or uninsured portion of the loan; and
[(B) any security given for the loan.
[(2) Additional requirements.--With respect to a
transfer described in paragraph (1)--
[(A) the transfer shall be consistent with
such regulations as the Secretary shall
promulgate under subsection (i); and
[(B) the transferor shall give notice of the
transfer to the Secretary.
[(3) Acknowledgment by secretary.--On receipt of a
notice of a transfer under paragraph (2)(B), the
Secretary shall issue to the transferee an
acknowledgment by the Secretary of--
[(A) the transfer; and
[(B) the interest of the transferee in the
guaranteed or insured portion of the loan.
[(4) Responsibilities of lender.--Notwithstanding any
transfer permitted by this subsection, the lender
shall--
[(A) remain obligated on the guarantee
agreement or insurance agreement between the
lender and the Secretary;
[(B) continue to be responsible for servicing
the loan in a manner consistent with that
guarantee agreement or insurance agreement; and
[(C) remain the secured creditor of record.]
SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDERLYING SECURITY.
(a) In General.--All or any portion of a loan guaranteed or
insured under this title, including the security given for the
loan--
(1) may be transferred by the lender by sale or
assignment to any person; and
(2) may be retransferred by the transferee.
(b) Transfers of Loans.--With respect to a transfer described
in subsection (a)--
(1) the transfer shall be consistent with such
regulations as the Secretary shall promulgate under
subsection (h); and
(2) the transferee shall give notice of the transfer
to the Secretary.
[(d)] (c) Full Faith and Credit.--
(1) * * *
(2) [Validity.--
[(A) In general.--Except as provided in
subparagraph (B),] Validity.--Except as
provided by regulations in effect on the date
on which a loan is made, the validity of a
guarantee or insurance of a loan under this
title shall be [incontestable if the
obligations of the guarantee or insurance held
by a transferee have been acknowledged under
subsection (c)(3).
[(B) Exception for fraud or
misrepresentation.--Subparagraph (A) shall not
apply in a case in which a transferee has
actual knowledge of fraud or misrepresentation,
or participates in or condones fraud or
misrepresentation, in connection with a loan.]
incontestable.
[(e)] (d) Damages.--Notwithstanding section 3302 of title 31,
United States Code, the Secretary may recover from a lender of
a loan under this title any damages suffered by the Secretary
as a result of a material breach of the obligations of the
lender with respect to a guarantee or insurance by the
Secretary of the loan.
[(f)] (e) Fees.--[The Secretary]
(1) In General.--The Secretary may collect a fee for any loan
or guaranteed or insured portion of a loan that is transferred
in accordance with this section.
(2) Compensation of fiscal transfer agent.--A fiscal
transfer agent designated under subsection (f) may be
compensated through any of the fees assessed under this
section and any interest earned on any funds or fees
collected by the fiscal transfer agent while the funds
or fees are in the control of the fiscal transfer agent
and before the time at which the fiscal transfer agent
is contractually required to transfer such funds to the
Secretary or to transferees or other holders.
[(g)] (f) Central Registration of Loans.--On promulgation of
final regulations under subsection [(i)] (h), the Secretary
shall--
(1) * * *
(2) enter into 1 or more contracts with a fiscal
transfer agent--
(A) * * *
(B) to carry out on behalf of the Secretary
the central registration and fiscal transfer
agent functions[, and issuance of
acknowledgments,] under this section.
[(h)] (g) Pooling of Loans.--
(1) * * *
* * * * * * *
[(i)] (h) Regulations.--Not later than 180 days after the
date of enactment of this subsection, the Secretary shall
develop such procedures and promulgate such regulations as are
necessary to facilitate, administer, and promote transfers of
loans and guaranteed and insured portions of loans under this
section.
Sec. 206. Loans made by any agency or instrumentality of the
Federal Government, or by an organization of Indians from funds
borrowed from the United States, and loans the interest on
which is not included in gross income for the purposes of
chapter 1 of the [Internal Revenue Code of 1954, as amended,]
Internal Revenue Code of 1986 (except loans made by certified
Community Development Finance Institutions) shall not be
eligible for guaranty or insurance hereunder.
* * * * * * *
Sec. 217. (a) * * *
(b) The Secretary may use the fund for the purpose of
fulfilling the obligations with respect to loans or surety
bonds guaranteed or insured under this title, but the aggregate
of such loans or surety bonds which are insured or guaranteed
by the Secretary shall be limited to [$500,000,000]
$1,500,000,000.
* * * * * * *
----------
ACT OF AUGUST 9, 1955
AN ACT To authorize the leasing of restricted Indian lands for public,
religious, educational, recreational, residential, business, and other
purposes requiring the grant of long-term leases.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
any restricted Indian lands, whether tribally or individually
owned, may be leased by the Indian owners, with the approval of
the Secretary of the Interior, for public, religious,
educational, recreational, residential, or business purposes,
including the development or utilization of natural resources
in connection with operations under such leases, for grazing
purposes, and for those farming purposes which require the
making of a substantial investment in the improvement of the
land for the production of specialized crops as determined by
said Secretary. All leases so granted shall be for a term of
not to exceed twenty-five years, except leases of land located
outside the boundaries of Indian reservations in the State of
New Mexico, leases of land on the Agua Caliente (Palm Springs)
Reservation, the Dania Reservation, the Pueblo of Santa Ana
(with the exception of the lands known as the ``Santa Ana
Pueblo Spanish Grant''), the reservation of the Confederated
Tribes of the Warm Springs Reservation of Oregon, the Moapa
Indian reservation, the Swinomish Indian Reservation, the
Southern Ute Reservation, the Fort Mojave Reservation, the
reservation of the Confederated Tribes of the Umatilla Indian
Reservation, the Burns Paiute Reservation, the Kalispel Indian
Reservation, the pueblo of Cochiti, the pueblo of Pojoaque, the
pueblo of Tesuque, the pueblo of Zuni, the Hualapai
Reservation, the Spokane Reservation, the San Carlos Apache
Reservation, the Yavapai-Prescott Community Reservations, the
Pyramid Lake Reservation, the Gila River Reservation, the
Soboba Indian Reservation, the Viejas Indian Reservation, the
Tulalip Indian Reservation, the Navajo Reservation, the Cabazon
Indian Reservation, the Muckleshoot Indian Reservation and land
held in trust for the Muckleshoot Indian Tribe, the Mille Lacs
Reservation with respect to a lease between an entity
established by the Mille Lacs Band of Chippewa Indians and the
Minnesota Historical Society, leases of [the lands comprising
the Moses Allotment Numbered 10, Chelan County, Washington,]
the lands comprising the Moses Allotment Numbered 8 and the
Moses Allotment Numbered 10, Chelan County, Washington, and
lands held in trust for the Las Vegas Paiute Tribe of Indians,
and lands held in trust for the Twenty-nine Palms Band of
Luiseno Mission Indians, and lands held in trust for the Reno
Sparks Indian Colony, lands held in trust for the Torres
Martinez Desert Cahuilla Indians, lands held in trust for the
Guidiville Band of Pomo Indians of the Guidiville Indian
Rancheria, lands held in trust for the Confederated Tribes of
the Umatilla Indian Reservation, lands held in trust for the
Confederated Tribes of the Warm Springs Reservation of Oregon,
lands held in trust for the Cherokee Nation of Oklahoma, lands
held in trust for the Fallon Paiute Shoshone Tribes, lands held
in trust for the Pueblo of Santa Clara, land held in trust for
the Yurok Tribe, land held in trust for the Hopland Band of
Pomo Indians of the Hopland Rancheria, lands held in trust for
the Yurok Tribe, lands held in trust for the Hopland Band of
Pomo Indians of the Hopland Rancheria, lands held in trust for
the Confederated Tribes of the Colville Reservation, lands held
in trust for the Cahuilla Band of Indians of California, lands
held in trust for the confederated Tribes of the Grand Ronde
Community of Oregon, and the lands held in trust for the
Confederated Salish and Kootenai Tribes of the Flathead
Reservation, Montana, and leases to the Devils Lake Sioux
Tribe, or any organization of such tribe, of land on the Devils
Lake Sioux Reservation, which may be for a term of not to
exceed ninety-nine years, and except leases of land for grazing
purposes which may be for a term not to exceed ten years.
Leases for public, religious, educational, recreational,
residential, or business purposes with the consent of both
parties may include provisions authorizing their renewal for
one additional term of not to exceed twenty-five years, and all
leases and renewals shall be made under such terms and
regulations as may be prescribed by the Secretary of the
Interior. Prior to approval of any lease or extension of an
existing lease pursuant to this section, the Secretary of the
Interior shall first satisfy himself that adequate
consideration has been given to the relationship between the
use of the leased lands and the use of neighboring lands; the
height, quality, and safety of any structures or other
facilities to be constructed on such lands; the availability of
police and fire protection and other services; the availability
of judicial forums for all criminal and civil causes arising on
the leased lands; and the effect on the environment of the uses
to which the leased lands will be subject.
* * * * * * *
(f) [Any lease entered into under the Act of August 9, 1955
(69 Stat. 539), as amended, or any contract entered into under
section 2103 of the Revised Statutes (25 U.S.C. 81), as
amended, affecting land] Any contract, including a lease,
affecting land within the Gila River Indian Community
Reservation may contain a provision for the binding arbitration
of disputes arising out of such lease or contract. [Such leases
or contracts entered into pursuant to such Acts] Such contracts
shall be considered within the meaning of ``commerce'' as
defined and subject to the provisions of section 1 of title 9,
United States Code. Any refusal to submit to arbitration
pursuant to a binding agreement for arbitration or the exercise
of any right conferred by title 9 to abide by the outcome of
arbitration pursuant to the provisions of chapter 1 of title 9,
sections 1 through 14, United States Code, shall be deemed to
be a civil action arising under the Constitution, laws or
treaties of the United States within the meaning of section
1331 of title 28, United States Code.
* * * * * * *
----------
ALASKA NATIVE CLAIMS SETTLEMENT ACT
* * * * * * *
PROCEDURES FOR CONSIDERING AMENDMENTS AND RESOLUTIONS
Sec. 36. (a) * * *
* * * * * * *
(d) Voting Standards.--(1) * * *
* * * * * * *
[(d)](3) A resolution described in subsection (a)(3) of this
section or an amendment to the articles of incorporation
described in section 7(g)(1)(B) shall be considered to be
approved by the shareholders of a Native Corporation if it
receives the affirmative vote of shares representing--
(A) a majority of the shares present or represented
by proxy at the meeting relating to such resolution or
amendment, or
(B) an amount of shares greater than a majority of
the shares present or represented by proxy at the
meeting relating to such resolution or amendment (but
not greater than two-thirds of the total voting power
of the corporation) if the corporation establishes such
a level by an amendment to its articles of
incorporation.
* * * * * * *
(f) Substantially All of the Assets.--For purposes of this
section and [section 1629e of this title] section 39, a Native
Corporation shall be considered to be transferring all or
substantially all of its assets to a Settlement Trust only if
such assets represent two-thirds or more of the fair market
value of the Native Corporation's total assets.
* * * * * * *
SETTLEMENT TRUST OPTION
Sec. 39. (a) Conveyance of Corporate Assets.--(1) * * *
* * * * * * *
(3) Conveyances made pursuant to this subsection--
(A) * * *
(B) shall give rise to dissenters rights to the
extent provided under the laws of the State only if--
(i) * * *
(ii) a shareholder vote on such transfer is
required by [(a)(4) of section 1629b of this
title] section 36(a)(4).
* * * * * * *
----------
SECTION 337 OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 2003
(Division F of Public Law 108-7)
Sec. 337. Clarification of Alaska Native Settlement Trusts.
(a) [Section 1629b of title 43, United States Code,] Section 36
of the Alaska Native Claims Settlement Act (43 U.S.C. 1629b) is
amended--
(1) * * *
(2) [by creating the following new subsection:] in
subsection (d), by adding at the end the following:
``(d)(3) A resolution described in subsection (a)(3) of this
section shall be considered to be approved by the shareholders
of a Native Corporation if it receives the affirmative vote of
shares representing--
``(A) * * *
* * * * * * *
(3) [by creating the following new subsection:] by
adding at the end the following:
``(f) Substantially All of the Assets.--For purposes of this
section and section 1629e of this title, a Native Corporation
shall be considered to be transferring all or substantially all
of its assets to a Settlement Trust only if such assets
represent two-thirds or more of the fair market value of the
Native Corporation's total assets.''.
(b) [Section 1629e(a)(3) of title 43, United States Code,]
Section 39(a)(3) of the Alaska Native Claims Settlement Act (43
U.S.C. 1629e(a)(3)) is amended by striking subparagraph (B) and
inserting in its place the following:
``(B) shall give rise to dissenters rights to
the extent provided under the laws of the State
only if--
``(i) * * *
* * * * * * *
----------
INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE ACT OF 2000
* * * * * * *
TITLE I--TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL LEGAL
ASSISTANCE GRANTS
* * * * * * *
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
For purposes of carrying out the activities under this title,
there are authorized to be appropriated such sums as are
necessary [for fiscal years 2000 through 2004] for fiscal years
2004 through 2010.
TITLE II--INDIAN TRIBAL COURTS
SEC. 201. GRANTS.
(a) * * *
* * * * * * *
(d) Authorization of Appropriations.--For purposes of
carrying out the activities under this section, there are
authorized to be appropriated such sums as are necessary [for
fiscal years 2000 through 2004] for fiscal years 2004 through
2010.
* * * * * * *
----------
SECTION 201 OF THE INDIAN TRIBAL JUSTICE ACT
SEC. 201. TRIBAL JUSTICE SYSTEMS.
(a) Office.--There is authorized to be appropriated to carry
out the provisions of sections 101 and 102 of this Act,
$7,000,000 for each of the fiscal years 2000 through [2007]
2010. None of the funds provided under this subsection may be
used for the administrative expenses of the Office.
(b) Base Support Funding for Tribal Justice Systems.--There
is authorized to be appropriated to carry out the provisions of
section 103 of this Act, $50,000,000 for each of the fiscal
years 2000 through [2007] 2010.
(c) Administrative Expenses for Office.--There is authorized
to be appropriated, for the administrative expenses of the
Office, $500,000 for each of the fiscal years 2000 through
[2007] 2010.
(d) Administrative Expenses for Tribal Judicial
Conferences.--There is authorized to be appropriated, for the
administrative expenses of tribal judicial conferences,
$500,000 for each of the fiscal years 2000 through [2007] 2010.
* * * * * * *
----------
ACT OF JUNE 7, 1924
CHAP. 331.--AN ACT To quiet the title to lands within Pueblo Indian
land grants, and for other purposes.
* * * * * * *
SEC. 20. CRIMINAL JURISDICTION.
(a) In General.--Except as otherwise provided by Congress,
jurisdiction over offenses committed anywhere within the
exterior boundaries of any grant from a prior sovereign, as
confirmed by Congress or the Court of Private Land Claims to a
Pueblo Indian tribe of New Mexico shall be provided in this
section.
(b) Jurisdiction of the Pueblo.--The Pueblo has jurisdiction,
as an act of the Pueblos inherent power as an Indian tribe,
over any offense committed by a member of the Pueblo or an
Indian, as defined in section 201 of the Act of April 11, 1968
(25 U.S.C. 1301), or by any other Indian-owned entity.
(c) Jurisdiction of the United States.--The United States has
jurisdiction over any offense described in chapter 53 of title
18, United States Code, committed by or against an Indian as
defined in section 201 of the Act of April 11, 1968 (25 U.S. C.
1301) or any Indian-owned entity, or that involves any Indian
property or interest.
(d) Jurisdiction of the State of New Mexico.--The State of
New Mexico shall have jurisdiction over any offense committed
by a person who is not a member of a Pueblo or an Indian tribe,
as defined in section 201 of the Act of April 11, 1968 (25
U.S.C. 1301) which offense is not subject to the jurisdiction
of the United States.
Committee Correspondence
House of Representatives,
Committee on Resources,
Washington, DC, October 20, 2005.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
Rayburn House Office Building, Washington, DC.
Dear Mr. Chairman: I request your assistance in scheduling
H.R. 3351, the Native American Technical Corrections Act of
2005, for consideration by the House of Representatives. This
bill was referred primarily to the Committee on Resources and
additionally to your committee. The Committee on Resources
ordered it favorably reported on September 22, 2005, and hopes
to file its bill report soon.
The basis of your referral was the inclusion of language
from H.R. 2186, a bill transferring land from the Army Corps of
Engineers to the Department of the Interior to be held in trust
for the Prairie Island Indian Community in Minnesota. Although
the Committee on Transportation and Infrastructure has not
acted on this bill, I understand that you do not object to the
substance of the provision.
By allowing the Transportation and Infrastructure Committee
to be discharged from further consideration of H.R. 3351, you
are not waiving any jurisdiction you may have over that bill or
H.R. 2186. I also agree that in the unlikely event that this
bill becomes the focus of a conference committee that I will
support your request to be represented on that conference. I
also agree that this discharge will not serve as precedent for
future referrals. Finally, I would be pleased to include this
letter and your response in the bill report on H.R. 3351 to
memorialize our agreement.
Thank you for your consideration of my request. I look
forward to another Congress of extraordinary cooperation
between our committees on matters of mutual interest.
Sincerely,
Richard W. Pombo,
Chairman.
------
House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC, October 21, 2005.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
Longworth Building, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
3351, the Native American Technical Corrections Act of 2005. As
you correctly point out, this legislation also falls within the
jurisdiction of Transportation and Infrastructure Committee.
I understand your strong interest in moving this important
legislation to the House Floor as soon as possible.
Accordingly, I will support discharging the Committee on
Transportation and Infrastructure from further consideration of
the bill.
I appreciate your assurances that a decision to be
discharged from further consideration of the bill should not be
considered as precedent for future referrals of similar
measures or as affecting the Transportation and Infrastructure
Committee's subject matter jurisdiction and that you would
support the appointment of conferees from the Committee should
a conference with the Senate become necessary. In addition, I
appreciate your inclusion of our letters in the Committee
Report accompanying the bill.
I congratulate you for your leadership on H.R. 3351 and
look forward to working with you and your colleagues as the
legislation advances.
Sincerely,
Don Young,
Chairman.