[Pages S3397-S3399]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3587. Mr. McCONNELL (for Mr. McCain) submitted an amendment 
intended to be proposed by Mr. McConnell to the bill H.R. 3351, to make 
technical corrections to laws relating to Native Americans, and for 
other purposes; 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 2006''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

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

Sec. 101. Alaska Native Claims Settlement Act technical amendment.
Sec. 102. ANCSA amendment.
Sec. 103. Mississippi Band of Choctaw transportation reimbursement.
Sec. 104. Fallon Paiute Shoshone tribes settlement.

                     TITLE II--INDIAN LAND LEASING

Sec. 201. Prairie Island land conveyance.
Sec. 202. Authorization of 99-year leases.
Sec. 203. Certification of rental proceeds.

     TITLE III--NATIONAL INDIAN GAMING COMMISSION FUNDING AMENDMENT

Sec. 301. National Indian Gaming Commission funding amendment.

                       TITLE IV--INDIAN FINANCING

Sec. 401. Indian Financing Act Amendments.

      TITLE V--NATIVE AMERICAN PROBATE REFORM TECHNICAL AMENDMENT

Sec. 501. Clarification of provisions and amendments relating to 
              inheritance of Indian lands.

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

     SEC. 101. ALASKA NATIVE CLAIMS SETTLEMENT ACT TECHNICAL 
                   AMENDMENT.

       (a)(1) Section 337(a) of the Department of the Interior and 
     Related Agencies Appropriations Act, 2003 (Division F of 
     Public Law 108-7; 117 Stat. 278; February 20, 2003) is 
     amended--
       (A) 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)'';
       (B) in paragraph (2), by striking ``by creating the 
     following new subsection:'' and inserting ``in subsection 
     (d), by adding at the end the following:''; and
       (C) in paragraph (3), by striking ``by creating the 
     following new subsection:'' and inserting ``by adding at the 
     end the following:''.
       (2) Section 36 of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1629b) is amended in subsection (f), by striking 
     ``section 1629e of this title'' and inserting ``section 39''.
       (b)(1) Section 337(b) of the Department of the Interior and 
     Related Agencies Appropriations Act, 2003 (Division F of 
     Public Law 108-7; 117 Stat. 278; February 20, 2003) is 
     amended by striking ``Section 1629e(a)(3) of title 43, United 
     States Code,'' and inserting ``Section 39(a)(3) of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1629e(a)(3))''.
       (2) Section 39(a)(3)(B)(ii) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1629e(a)(3)(B)(ii)) is amended by 
     striking ``(a)(4) of section 1629b of this title'' and 
     inserting ``section 36(a)(4)''.
       (c) The amendments made by this section take effect on 
     February 20, 2003.

     SEC. 102. ANCSA AMENDMENT.

       All land and interests in land in the State of Alaska 
     conveyed by the Federal Government under the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.) to a Native 
     Corporation and reconveyed by that Native Corporation, or a 
     successor in interest, in exchange for any other land or 
     interest in land in the State of Alaska and located within 
     the same region (as defined in section 9(a) of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1608(a)), to a Native 
     Corporation under an exchange or other conveyance, shall be 
     deemed, notwithstanding the conveyance or exchange, to have 
     been conveyed pursuant to that Act.

     SEC. 103. MISSISSIPPI BAND OF CHOCTAW TRANSPORTATION 
                   REIMBURSEMENT.

       The Secretary of the Interior is authorized and directed, 
     within the 3-year period beginning on the date of enactment 
     of this Act, to accept funds from the State of Mississippi 
     pursuant to the contract signed by the Mississippi Department 
     of Transportation on June 7, 2005, and by the Mississippi 
     Band of Choctaw Indians on June 2, 2005. The amount shall not 
     exceed $776,965.30 and such funds shall be deposited in the 
     trust account numbered PL7489708 at the Office of Trust Funds 
     Management for the benefit of the Mississippi Band of Choctaw 
     Indians. Thereafter, the tribe may draw down these moneys 
     from this trust account by resolution of the Tribal Council, 
     pursuant to Federal law and regulations applicable to such 
     accounts.

     SEC. 104. FALLON PAIUTE SHOSHONE TRIBES SETTLEMENT.

       (a) Settlement Fund.--Section 102 of the Fallon Paiute 
     Shoshone Indian Tribes Water Rights Settlement Act of 1990 
     (Public Law 101-618; 104 Stat. 3289) is amended--
       (1) in subsection (C)--
       (A) in paragraph (1)--
       (i) by striking the matter preceding subparagraph (a) and 
     inserting the following: ``Notwithstanding any conflicting 
     provision in the original Fund plan during Fund fiscal year 
     2006 or any subsequent Fund fiscal year, 6 percent of the 
     average quarterly market value of the Fund during the 
     immediately preceding 3 Fund fiscal years (referred to in 
     this title as the `Annual 6 percent Amount'), plus any 
     unexpended and unobligated portion of the Annual 6 percent 
     Amount from any of the 3 immediately preceding Fund fiscal 
     years that are subsequent to Fund fiscal year 2005, less any 
     negative income that may accrue on that portion, may be 
     expended or obligated only for the following purposes:''; and
       (ii) by adding at the end the following:
       ``(g) Fees and expenses incurred in connection with the 
     investment of the Fund, for investment management, investment 
     consulting, custodianship, and other transactional services 
     or matters.''; and

[[Page S3398]]

       (B) by striking paragraph (4) and inserting the following:
       ``(4) No monies from the Fund other than the amounts 
     authorized under paragraphs (1) and (3) may be expended or 
     obligated for any purpose.
       ``(5) Notwithstanding any conflicting provision in the 
     original Fund plan, during Fund fiscal year 2006 and during 
     each subsequent Fund fiscal year, not more than 20 percent of 
     the Annual 6 percent Amount for the Fund fiscal year 
     (referred to in this title as the `Annual 1.2 percent 
     Amount') may be expended or obligated under paragraph (1)(c) 
     for per capita distributions to tribal members, except that 
     during each Fund fiscal year subsequent to Fund fiscal year 
     2006, any unexpended and unobligated portion of the Annual 
     1.2 percent Amount from any of the 3 immediately preceding 
     Fund fiscal years that are subsequent to Fund fiscal year 
     2005, less any negative income that may accrue on that 
     portion, may also be expended or obligated for such per 
     capita payments.''; and
       (2) in subsection (D), by adding at the end the following: 
     ``Notwithstanding any conflicting provision in the original 
     Fund plan, the Fallon Business Council, in consultation with 
     the Secretary, shall promptly amend the original Fund plan 
     for purposes of conforming the Fund plan to this title and 
     making nonsubstantive updates, improvements, or corrections 
     to the original Fund plan.''.
       (b) Definitions.--Section 107 of the Fallon Paiute Shoshone 
     Indian Tribes Water Rights Settlement Act of 1990 (Public Law 
     101-618; 104 Stat. 3293) is amended--
       (1) by redesignating subsections (D), (E), (F), and (G) as 
     subsections (F), (G), (H), and (I), respectively; and
       (2) by striking subsections (B) and (C) and inserting the 
     following:
       ``(B) the term `Fund fiscal year' means a fiscal year of 
     the Fund (as defined in the Fund plan);
       ``(C) the term `Fund plan' means the plan established under 
     section 102(F), including the original Fund plan (the `Plan 
     for Investment, Management, Administration and Expenditure 
     dated December 20, 1991') and all amendments of the Fund plan 
     under subsection (D) or (F)(1) of section 102;
       ``(D) the term `income' means the total net return from the 
     investment of the Fund, consisting of all interest, 
     dividends, realized and unrealized gains and losses, and 
     other earnings, less all related fees and expenses incurred 
     for investment management, investment consulting, 
     custodianship and transactional services or matters;
       ``(E) the term `principal' means the total amount 
     appropriated to the Fallon Paiute Shoshone Tribal Settlement 
     Fund under section 102(B);''.

                     TITLE II--INDIAN LAND LEASING

     SEC. 201. PRAIRIE ISLAND LAND 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 striking ``Moapa Indian reservation'' and inserting 
     ``Moapa Indian Reservation'';
       (2) by inserting ``the Confederated Tribes of the Umatilla 
     Indian Reservation,'' before ``the Burns Paiute 
     Reservation'';
       (3) by inserting ``the'' before ``Yavapai-Prescott'';
       (4) by inserting ``the Muckleshoot Indian Reservation and 
     land held in trust for the Muckleshoot Indian Tribe,'' after 
     ``the Cabazon Indian Reservation,'';
       (5) by striking ``lands comprising the Moses Allotment 
     Numbered 10, Chelan County, Washington,,'' and inserting 
     ``the lands comprising the Moses Allotment Numbered 8 and the 
     Moses Allotment Numbered 10, Chelan County, Washington,'';
       (6) by inserting ``land held in trust for the Prairie Band 
     Potawatomi Nation,'' before ``lands held in trust for the 
     Cherokee Nation of Oklahoma'';
       (7) by inserting ``land held in trust for the Fallon Paiute 
     Shoshone Tribes,'' before ``lands held in trust for the 
     Pueblo of Santa Clara''; and
       (8) by inserting ``land held in trust for the Yurok Tribe, 
     land held in trust for the Hopland Band of Pomo Indians of 
     the Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to any lease entered into or renewed after the 
     date of enactment of this Act.

     SEC. 203. CERTIFICATION OF RENTAL PROCEEDS.

       Notwithstanding any other provision of law, any actual 
     rental proceeds from the lease of land acquired under the 
     first section of the Act entitled ``An Act to provide for 
     loans to Indian tribes and tribal corporations, and for other 
     purposes'' (25 U.S.C. 488) certified by the Secretary of the 
     Interior shall be deemed--
       (1) to constitute the rental value of that land; and
       (2) to satisfy the requirement for appraisal of that land.

     TITLE III--NATIONAL INDIAN GAMING COMMISSION FUNDING AMENDMENT

     SEC. 301. NATIONAL INDIAN GAMING COMMISSION FUNDING 
                   AMENDMENT.

       (a) Powers of the Commission.--Section 7 of the Indian 
     Gaming Regulatory Act (25 U.S.C. 2706) is amended by adding 
     at the end the following:
       ``(d) Application of Government Performance and Results 
     Act.--
       ``(1) In general.--In carrying out any action under this 
     Act, the Commission shall be subject to the Government 
     Performance and Results Act of 1993 (Public Law 103-62; 107 
     Stat. 285).
       ``(2) Plans.--In addition to any plan required under the 
     Government Performance and Results Act of 1993 (Public Law 
     103-62; 107 Stat. 285), the Commission shall submit a plan to 
     provide technical assistance to tribal gaming operations in 
     accordance with that Act.''.
       (b) Commission Funding.--Section 18(a)(2) of the Indian 
     Gaming Regulatory Act (25 U.S.C. 2717(a)(2)) is amended by 
     striking subparagraph (B) and inserting the following:
       ``(B) The total amount of all fees imposed during any 
     fiscal year under the schedule established under paragraph 
     (1) shall not exceed 0.080 percent of the gross gaming 
     revenues of all gaming operations subject to regulation under 
     this Act.''.

                       TITLE IV--INDIAN FINANCING

     SEC. 401. INDIAN FINANCING ACT AMENDMENTS.

       (a) In General.--Section 201 of the Indian Financing Act of 
     1974 (25 U.S.C. 1481) is amended--
       (1) by striking ``Sec. 201. In order'' and inserting the 
     following:

[[Page S3399]]

     ``SEC. 201. LOAN GUARANTIES AND INSURANCE.

       ``(a) In General.--In order'';
       (2) by striking ``the Secretary is authorized (a) to 
     guarantee'' and inserting ``the Secretary may--
       ``(1) guarantee'';
       (3) by striking ``members; and (b) in lieu of such 
     guaranty, to insure'' and inserting ``members; or
       ``(2) insure''; and
       (4) by adding at the end the following:
       ``(b) Eligible Borrowers.--The Secretary may guarantee or 
     insure loans under subsection (a) to both for-profit and 
     nonprofit borrowers.''.
       (b) Sale or Assignment of Loans and Underlying Security.--
     Section 205 of the Indian Financing Act of 1974 (25 U.S.C. 
     1485) is amended--
       (1) by striking ``Sec. 205.'' and all that follows through 
     subsection (b) and inserting the following:

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

       ``(a) In General.--All or any portion of a loan guaranteed 
     or insured under this title, including the security given for 
     the loan--
       ``(1) may be transferred by the lender by sale or 
     assignment to any person; and
       ``(2) may be retransferred by the transferee.
       ``(b) Transfers of Loans.--With respect to a transfer 
     described in subsection (a)--
       ``(1) the transfer shall be consistent with such 
     regulations as the Secretary shall promulgate under 
     subsection (h); and
       ``(2) the transferee shall give notice of the transfer to 
     the Secretary.'';
       (2) by striking subsection (c);
       (3) by redesignating subsections (d), (e), (f), (g), (h), 
     and (i) as subsections (c), (d), (e), (f), (g), and (h), 
     respectively;
       (4) in subsection (c) (as redesignated by paragraph (3)), 
     by striking paragraph (2) and inserting the following:
       ``(2) Validity.--Except as provided in regulations in 
     effect on the date on which a loan is made, the validity of a 
     guarantee or insurance of a loan under this title shall be 
     incontestable.'';
       (5) in subsection (e) (as redesignated by paragraph (3))--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Compensation of fiscal transfer agent.--A fiscal 
     transfer agent designated under subsection (f) may be 
     compensated through any of the fees assessed under this 
     section and any interest earned on any funds or fees 
     collected by the fiscal transfer agent while the funds or 
     fees are in the control of the fiscal transfer agent and 
     before the time at which the fiscal transfer agent is 
     contractually required to transfer such funds to the 
     Secretary or to transferees or other holders.''; and
       (6) in subsection (f) (as redesignated by paragraph (3))--
       (A) by striking ``subsection (i)'' and inserting 
     ``subsection (h)''; and
       (B) in paragraph (2)(B), by striking ``, and issuance of 
     acknowledgments,''.
       (c) Loans Ineligible for Guaranty or Insurance.--Section 
     206 of the Indian Financing Act of 1974 (25 U.S.C. 1486) is 
     amended by inserting ``(not including an eligible Community 
     Development Finance Institution)'' after ``Government''.
       (d) Aggregate Loans or Surety Bonds Limitation.--Section 
     217(b) of the Indian Financing Act of 1974 (25 U.S.C. 
     1497(b)) is amended by striking ``$500,000,000'' and 
     inserting ``$1,500,000,000''.

      TITLE V--NATIVE AMERICAN PROBATE REFORM TECHNICAL AMENDMENT

     SEC. 501. CLARIFICATION OF PROVISIONS AND AMENDMENTS RELATING 
                   TO INHERITANCE OF INDIAN LANDS.

       (a) Clarifications Relating to Applicable Laws.--
       (1) In general.--Section 207(g)(2) of the Indian Land 
     Consolidation Act (25 U.S.C. 2206(g)(2)) is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``described in paragraph (1)'' and inserting ``specified in 
     paragraph (1)''; and
       (B) in subparagraph (B), by striking ``identified in 
     Federal law'' and inserting ``identified in such law''.
       (2) Limitation on effect of paragraph.--Section 207(g) of 
     the Indian Land Consolidation Act (25 U.S.C. 2206(g)) is 
     amended by striking paragraph (3) and inserting the 
     following:
       ``(3) Limitation on effect of paragraph.--Except to the 
     extent that this Act would amend or otherwise affect the 
     application of a Federal law specified or described in 
     paragraph (1) or (2), nothing in paragraph (2) limits the 
     application of this Act to trust or restricted land, 
     interests in such land, or any other trust or restricted 
     interests or assets.''.
       (b) Transfer and Exchange; Land for Which Patents Have Been 
     Executed and Delivered.--
       (1) Transfer and exchange of land.--Section 4 of the Act of 
     June 18, 1934 (25 U.S.C. 464), is amended to read as follows:

     ``SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LANDS 
                   AND SHARES OF INDIAN TRIBES AND CORPORATIONS.

       ``Except as provided in this Act, no sale, devise, gift, 
     exchange, or other transfer of restricted Indian lands or of 
     shares in the assets of any Indian tribe or corporation 
     organized under this Act shall be made or approved: Provided, 
     That such lands or interests may, with the approval of the 
     Secretary of the Interior, be sold, devised, or otherwise 
     transferred to the Indian tribe in which the lands or shares 
     are located or from which the shares were derived, or to a 
     successor corporation; Provided further, That, subject to 
     section 8(b) of the American Indian Probate Reform Act of 
     2004 (Public Law 108-374; 25 U.S.C. 2201 note), lands and 
     shares described in the preceding proviso shall descend or be 
     devised to any member of an Indian tribe or corporation 
     described in that proviso or to an heir or lineal descendant 
     of such a member in accordance with the Indian Land 
     Consolidation Act (25 U.S.C. 2201 et seq.), including a 
     tribal probate code approved, or regulations promulgated 
     under, that Act: Provided further, That the Secretary of the 
     Interior may authorize any voluntary exchanges of lands of 
     equal value and the voluntary exchange of shares of equal 
     value whenever such exchange, in the judgment of the 
     Secretary, is expedient and beneficial for or compatible with 
     the proper consolidation of Indian lands and for the benefit 
     of cooperative organizations.''.
       (2) Land for which patents have been executed and 
     delivered.--Section 5 of the Act of February 8, 1887 (25 
     U.S.C. 348) is amended in the second proviso by striking 
     ``That'' and inserting ``That, subject to section 8(b) of the 
     American Indian Probate Reform Act of 2004 (Public Law 108-
     374; 118 Stat. 1810),''.
       (3) Effective dates.--Section 8 of the American Indian 
     Probate Reform Act of 2004 (25 U.S.C. 2201 note; 118 Stat. 
     1809) is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Effective Dates.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     amendments made by this Act apply on and after the date that 
     is 1 year after the date on which the Secretary makes the 
     certification required under subsection (a)(4).
       ``(2) Exceptions.--The following provisions of law apply as 
     of the date of enactment of this Act:
       ``(A) Subsections (e) and (f) of section 207 of the Indian 
     Land Consolidation Act (25 U.S.C. 2206) (as amended by this 
     Act).
       ``(B) Subsection (g) of section 207 of the Indian Land 
     Consolidation Act (25 U.S.C. 2206) (as in effect on March 1, 
     2006).
       ``(C) The amendments made by section 4, section 5, 
     paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10), and 
     (11) of section 6(a), section 6(b)(3), and section 7 of this 
     Act.''.
       (c) Effective Date of Amendments.--The amendments made by 
     subsection (b) shall take effect as if included in the 
     enactment of the American Indian Probate Reform Act of 2004 
     (Public Law 108-374; 118 Stat. 1773).

                          ____________________