S.Amdt. 3256Senate108th Congress (2003-2005)

S.Amdt. 3256

Submitted June 1, 2004

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Senate amendment submitted

June 1, 2004

Text

Submitted

TEXT OF AMENDMENTS

SA 3251. Mr. TALENT submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1068. SENSE OF CONGRESS ON AMERICA'S NATIONAL WORLD WAR
I MUSEUM.

(a) Findings.--Congress makes the following findings:
(1) The Liberty Memorial Museum in Kansas City, Missouri,
was built in 1926 in honor of those individuals who served in
World War I in defense of liberty and the Nation.
(2) The Liberty Memorial Association, a nonprofit
organization which originally built the Liberty Memorial
Museum, is responsible for the finances, operations, and
collections management of the Liberty Memorial Museum.

[[Page S6292]]

(3) The Liberty Memorial Museum is the only public museum
in the Nation that exists for the exclusive purpose of
interpreting the experiences of the United States and its
allies in the World War I years (1914-1918), both on the
battlefield and on the home front.
(4) The Liberty Memorial Museum project began after the
1918 Armistice through the efforts of a large-scale, grass-
roots civic and fundraising effort by the citizens and
veterans of the Kansas City metropolitan area. After the
conclusion of a national architectural design competition,
ground was broken in 1921, construction began in 1923, and
the Liberty Memorial Museum was opened to the public in 1926.
(5) In 1994, the Liberty Memorial Museum closed for a
massive restoration and expansion project. The restored
museum reopened to the public on Memorial Day, 2002, during a
gala rededication ceremony.
(6) Exhibits prepared for the original museum buildings
presaged the dramatic, underground expansion of core
exhibition gallery space, with over 30,000 square feet of new
interpretive and educational exhibits currently in
development. The new exhibits, along with an expanded
research library and archives, will more fully utilize the
many thousands of historical objects, books, maps, posters,
photographs, diaries, letters, and reminiscences of World War
I participants that are preserved for posterity in the
Liberty Memorial Museum's collections. The new core
exhibition is scheduled to open on Veterans Day, 2006.
(7) The City of Kansas City, the State of Missouri, and
thousands of private donors and philanthropic foundations
have contributed millions of dollars to build and later to
restore this national treasure. The Liberty Memorial Museum
continues to receive the strong support of residents from the
States of Missouri and Kansas and across the Nation.
(8) Since the restoration and rededication of 2002, the
Liberty Memorial Museum has attracted thousands of visitors
from across the United States and many foreign countries.
(9) There remains a need to preserve in a museum setting
evidence of the honor, courage, patriotism, and sacrifice of
those Americans who offered their services and who gave their
lives in defense of liberty during World War I, evidence of
the roles of women and African Americans during World War I,
and evidence of other relevant subjects.
(10) The Liberty Memorial Museum seeks to educate a diverse
group of audiences through its comprehensive collection of
historical materials, emphasizing eyewitness accounts of the
participants on the battlefield and the home front and the
impact of World War I on individuals, then and now. The
Liberty Memorial Museum continues to actively acquire and
preserve such materials.
(11) A great opportunity exists to use the invaluable
resources of the Liberty Memorial Museum to teach the
``Lessons of Liberty'' to the Nation's schoolchildren through
on-site visits, classroom curriculum development, distance
learning, and other educational initiatives.
(12) The Liberty Memorial Museum should always be the
Nation's museum of the national experience in the World War I
years (1914-1918), where people go to learn about this
critical period and where the Nation's history of this
monumental struggle will be preserved so that generations of
the 21st century may understand the role played by the United
States in the preservation and advancement of democracy,
freedom, and liberty in the early 20th century.
(13) This initiative to recognize and preserve the history
of the Nation's sacrifices in World War I will take on added
significance as the Nation approaches the centennial
observance of this event.
(14) It is fitting and proper to refer to the Liberty
Memorial Museum as ``America's National World War I Museum''.
(b) Sense of Congress.--Congress--
(1) recognizes the Liberty Memorial Museum in Kansas City,
Missouri, including the museum's future and expanded
exhibits, collections, library, archives, and educational
programs, as ``America's National World War I Museum'';
(2) recognizes that the continuing collection,
preservation, and interpretation of the historical objects
and other historical materials held by the Liberty Memorial
Museum enhance the knowledge and understanding of the
Nation's people of the American and allied experience during
the World War I years (1914-1918), both on the battlefield
and on the home front;
(3) commends the ongoing development and visibility of
``Lessons of Liberty'' educational outreach programs for
teachers and students throughout the Nation; and
(4) encourages the need for present generations to
understand the magnitude of World War I, how it shaped the
Nation, other countries, and later world events, and how the
sacrifices made then helped preserve liberty, democracy, and
other founding principles for generations to come.
______

SA 3252. Mr. ALLARD submitted an amendment intended to be proposed by
him to the bill S. 2400, to authorize appropriations for fiscal year
2005 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe personnel strengths for such fiscal year for the Armed
Services, and for other purposes; which was ordered to lie on the
table; as follows:

At the end of title XXVIII, add the following:

SEC. 2844. TREATMENT OF PROCEEDS OF SALE OF REAL PROPERTY AT
ROCKY MOUNTAIN ARSENAL, COLORADO, DISPOSED OF
FOR COMMERCIAL, HIGHWAY, OR OTHER PUBLIC USE.

Section 5(c) of the Rocky Mountain Arsenal National
Wildlife Refuge Act of 1992 (Public Law 102-402; 106 Stat.
1966; 16 U.S.C. 668dd note) is amended by striking paragraph
(2) and inserting the following new paragraphs:
``(2) Any amounts realized by the United States upon the
sale of property as described in paragraph (1) shall be
transferred to the National Fish and Wildlife Foundation for
use in constructing a visitor center and an environmental
education center for the refuge.
``(3) The use by the Foundation of amounts transferred to
the Foundation under paragraph (2) shall be subject to the
following:
``(A) Applicable provisions of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et
seq.), except that such use shall not be subject to section
10(a) of such Act (16 U.S.C. 3709(a)).
``(B) Such terms and conditions as the Foundation and the
United States Fish and Wildlife Service shall jointly agree
upon with respect to the construction of the visitor center
and the environmental education center.
``(4) If the amount transferred to the Foundation under
paragraph (2) is excess to the amount required for the
construction of the visitor center and the environmental
education center, the Foundation shall use the amount of the
excess to pay costs associated with the operation and
maintenance of the centers.''.
______

SA 3253. Mr. ALLARD (for himself and Mr. Pryor) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:

On page 84, between the matter following line 13 and line
14, insert the following:

SEC. 535. QUALIFICATIONS FOR APPOINTMENT AS DEAN OF THE
FACULTY AT THE UNITED STATES AIR FORCE ACADEMY.

Section 9335(a) of title 10, United States Code, is amended
by inserting before the period at the end of the second
sentence the following: ``, except that, if the Dean is not
an officer of the Air Force on active duty, the Dean shall be
a retired officer or former officer of the Air Force, and a
person may not be appointed or assigned as Dean unless that
person holds the highest academic degree in that person's
academic field''.
______

SA 3254. Mr. ALLARD (for himself and Mr. Pryor) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:

On page 84, between the matter following line 13 and line
14, insert the following:

SEC. 535. REPEAL OF REQUIREMENT FOR OFFICER TO RETIRE UPON
TERMINATION OF SERVICE AS SUPERINTENDENT OF THE
AIR FORCE ACADEMY.

(a) Repeals.--Sections 8921 and 9333a of title 10, United
States Code, are repealed.
(b) Clerical Amendments.--Subtitle D of title 10, United
States Code, is amended--
(1) in the table of sections at the beginning of chapter
867, by striking the item relating to section 8921; and
(2) in the table of sections at the beginning of chapter
903, by striking the item relating to section 9333a.
______

SA 3255. Mr. SARBANES (for himself and Ms. Mikulski) submitted an
amendment intended to be proposed by him to the bill S. 2400, to
authorize appropriations for fiscal year 2005 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Services, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title III, insert the
following:

SEC. 353. SENSE OF THE SENATE REGARDING RESIDENTIAL
COMMUNITIES INITIATIVE.

(a) Findings.--The Senate finds the following:

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(1) There are approximately 750,000 school-aged children of
members of the active duty Armed Forces in the United States.
(2) Approximately 650,000 of those students are currently
being served in public schools across the United States.
(3) The Department of the Army has embarked on a housing
initiative, the Residential Communities Initiative, which
will result in 70,770 new family housing units at 34
installations and a corresponding increase in the number of
school-aged children housed at those installations.
(4) The Secretary of the Army is authorized to include new
school facilities in privatized housing contracts; however,
the Secretary of the Army has not been using this authority
to its fullest advantage. As a result, local educational
agencies are being severely impacted by increased student-age
populations.
(5) Local educational agencies are struggling under
increasing financial burdens as a result of State budget cuts
that have reduced the rate of growth for education spending
to its lowest point since the 1990-1991 recession and this
burden is exacerbated by a stagnate Federal education budget
that actually cuts total education funding in fiscal year
2006 through fiscal year 2009 by $5,000,000.
(b) Sense of the Senate.--It is the sense of the Senate
that the Department of the Army should support, through a
dedicated fund, the construction of schools in local
educational agencies whose student populations are severely
impacted by housing developed through the Residential
Communities Initiative.
______

SA 3256. Mr. CAMPBELL submitted an amendment intended to be proposed
by him to the bill S. 1955, to make technical corrections to laws
relating to Native Americans, and for other purposes; which was ordered
to lie on the table; as follows:

In lieu of the matter proposed to be inserted, 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 2004''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

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

Sec. 101. National Fund for Excellence in American Indian Education.
Sec. 102. Indian Financing Act Amendments.
Sec. 103. Indian tribal justice technical and legal assistance.
Sec. 104. Tribal justice systems.
Sec. 105. Crow Tribal Trust Fund.
Sec. 106. ANCSA amendment.
Sec. 107. Washoe Tribe of Nevada and California land conveyance.

TITLE II--ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK RESERVATION

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
Sec. 204. Distribution of judgment funds.
Sec. 205. Applicable law.

TITLE III--INDIAN LAND LEASING

Sec. 301. Authorization of 99-year leases.
Sec. 302. Certification of rental proceeds.
Sec. 303. Montana Indian Tribes; agreement with Dry Prairie Rural Water
Association, Incorporated.
Sec. 304. Authorization of leases of restricted land for terms of 99
years.

TITLE IV--NAVAJO HEALTH CONTRACTING

Sec. 401. Navajo health contracting.

SEC. 2. DEFINITION OF SECRETARY.

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

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

SEC. 101. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN
EDUCATION.

Title V of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458bbb) is amended--
(1) by striking the title heading and inserting the
following:

``TITLE V--NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION'';

(2) in section 501 (25 U.S.C. 458bbb)--
(A) by striking the section heading and inserting the
following:

``SEC. 501. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN
EDUCATION.'';

and
(B) in subsection (a), by striking ``the American Indian
Education Foundation'' and inserting ``a foundation to be
known as the `National Fund for Excellence in American Indian
Education' ''; and
(3) in section 503(2) (25 U.S.C. 458bbb-2(2)), by striking
``Foundation'' the second place it appears and inserting
``National Fund for Excellence in American Indian
Education''.

SEC. 102. 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) 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)''.
(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''.

SEC. 103. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL
ASSISTANCE.

Sections 106 and 201(d) of the Indian Tribal Justice
Technical and Legal Assistance Act (25 U.S.C. 3666, 3681(d))
are amended by striking ``for fiscal years 2000 through
2004'' and inserting ``for fiscal years 2004 through 2010''.

SEC. 104. 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. 105. CROW TRIBAL TRUST FUND.

Section 6(d) of the Crow Boundary Settlement Act of 1994
(25 U.S.C. 1776d(d)), is amended--
(1) in the subsection heading, by inserting ``and Capital
Gains'' after ``Interest'';
(2) in paragraph (1), by striking ``Only'' and inserting
``Except as provided in paragraph (4), only''; and
(3) by adding at the end the following:
``(4) Distribution of capital gains.--Notwithstanding
subsection (f) or any other provision of law, capital gains
and any other noninterest income received on funds in the
Crow Tribal Trust Fund shall be available for distribution by
the Secretary to the Crow Tribe to the extent that the
balance in the Crow Tribal Trust Fund (including capital
gains) exceeds $85,000,000, for the same uses and subject to
the same restrictions in paragraphs (1) and (3) as are
applicable to distributions of interest.''.

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. WASHOE TRIBE OF NEVADA AND CALIFORNIA LAND
CONVEYANCE.

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

TITLE II--ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK RESERVATION

SEC. 201. SHORT TITLE.

This title may be cited as the ``Assiniboine and Sioux
Tribes of the Fort Peck Reservation Judgment Fund
Distribution Act of 2004''.

SEC. 202. FINDINGS.

Congress finds that--
(1) on December 18, 1987, the Assiniboine and Sioux Tribes
of the Fort Peck Reservation and 5 individual Fort Peck
tribal members filed a complaint in the United States Claims
Court (currently the Court of Federal Claims) in the case of
Assiniboine and Sioux Tribes of the Fort Peck Reservation v.
United States of America, Docket No. 773-87-L, to recover
interest earned on trust funds while those funds were held in
special deposit accounts and Indian Moneys-Proceeds of Labor
accounts;
(2) the Court held that the United States was liable for
any income derived from investment of the trust funds of the
Tribe and individual members of the Tribe for the period
during which those funds were held in special deposit
accounts and Indian Moneys-Proceeds of Labor accounts;
(3) on December 31, 1998, the plaintiffs entered into a
settlement with the United States for claims made in the case
for payment by the United States of--
(A) $1,339,415.33, representing interest earned on funds
while held in special deposit accounts at the Fort Peck
Agency during the period August 13, 1946, through September
30, 1981;
(B) $2,749,354.41, representing--
(i) interest on the principal indebtedness for the period
from August 13, 1946, through July 31, 1998; plus

[[Page S6294]]

(ii) $364.27 in per diem interest on the principal
indebtedness for each day during the period commencing August
1, 1998, and ending on the date on which the judgment is
paid; and
(C) $350,000, representing the litigation costs and
attorney's fees that the Tribe incurred to prosecute the
claims;
(4) the terms of the settlement were approved by the Court
on January 8, 1999, and judgment was entered on January 12,
1999;
(5) on March 18, 1999, $4,522,551.84 was transferred to the
Department of the Interior;
(6) that judgment amount was deposited in an escrow account
established to provide--
(A) $350,000 for the payment of attorney's fees and
expenses; and
(B) $4,172,551.84 for pending Court-ordered distribution to
the Tribe and individual Indian trust beneficiaries;
(7) on January 31, 2001, the Court approved a joint
stipulation that established procedures for--
(A) identification of the class of individual Indians
having an interest in the judgment;
(B) notice to and certification of that class; and
(C) the distribution of the judgment amount to the Tribe
and affected class of individual Indians;
(8)(A) on or about February 14, 2001, in accordance with
the Court-approved stipulation, $643,186.73 was transferred
to an account established by the Secretary for the benefit of
the Tribe; and
(B) that transferred amount represents--
(i) 54.2 percent of the Tribe's estimated 26-percent share
of the amount referred to in paragraph (6)(B); plus
(ii) 50 percent of the Tribe's estimated 26-percent share
of interest and capital gains earned on the judgment amount
from the period beginning March 18, 1999, and ending on
December 31, 2000;
(9) under the Court-approved stipulation--
(A) that transferred amount is to remain available for use
by the Tribe in accordance with a plan adopted under the
Indian Tribal Judgment Funds Use or Distribution Act (25
U.S.C. 1401 et seq.);
(B) the Tribe will most likely receive additional payments
from the distribution amount once the identification of all
individuals eligible to share in the distribution amount is
completed and the pro rata shares are calculated; and
(C) those additional payments would include--
(i) the balance of the share of the Tribe of the
distribution amount and investment income earned on the
distribution amount;
(ii) the portion of the distribution amount that represents
income derived on funds in special deposit accounts that are
not attributable to the Tribe or any individual Indian; and
(iii) the portion of the distribution amount that
represents shares attributable to individual Indians that--

(I) cannot be located for purposes of accepting payment;
and
(II) will not be bound by the judgment in the case referred
to in paragraph (1); and

(10) under the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1401 et seq.), the Secretary is
required to submit to Congress for approval an Indian
judgment fund use or distribution plan.

SEC. 203. DEFINITIONS.

In this title:
(1) Court.--The term ``Court'' means the Court of Federal
Claims.
(2) Distribution amount.--The term ``distribution amount''
means the amount referred to in section 202(6)(B).
(3) Judgment amount.--The term ``judgment amount'' means
the amount referred to in section 202(5).
(4) Principal indebtedness.--The term ``principal
indebtedness'' means the amount referred to in section
202(3)(A).
(5) Tribe.--The term ``Tribe'' means the Assiniboine and
Sioux Tribes of the Fort Peck Reservation.

SEC. 204. DISTRIBUTION OF JUDGMENT FUNDS.

(a) In General.--Notwithstanding any provision of the
Indian Tribal Judgment Funds Use or Distribution Act (25
U.S.C. 1401 et seq.), the share of the Tribe of the
distribution amount, and such additional amounts as may be
awarded to the Tribe by the Court with respect to the case
referred to in section 202(1) (including any interest accrued
on those amounts)--
(1) shall be made available for tribal health, education,
housing, and social services programs of the Tribe,
including--
(A) educational and youth programs;
(B) programs for improvement of facilities and housing;
(C) programs to provide equipment for public utilities;
(D) programs to provide medical assistance or dental,
optical, or convalescent equipment; and
(E) programs to provide senior citizen and community
services; and
(2) shall not be available for per capita distribution to
any member of the Tribe.
(b) Budget Specification.--The specific programs for which
funds are made available under subsection (a)(1), and the
amount of funds allocated to each of those programs, shall be
specified in an annual budget developed by the Tribe and
approved by the Secretary.

SEC. 205. APPLICABLE LAW.

Except as provided in section 204(a), all funds distributed
under this title are subject to sections 7 and 8 of the
Indian Tribal Judgment Funds Use or Distribution Act (25
U.S.C. 1407, 1408).

TITLE III--INDIAN LAND LEASING

SEC. 301. 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 striking ``Washington,,'' and inserting
``Washington,'';
(5) by inserting ``lands held in trust for the Fallon
Paiute Shoshone Tribes,'' before ``lands held in trust for
the Pueblo of Santa Clara''; 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 to any lease entered into or renewed after the
date of enactment of this Act.

SEC. 302. CERTIFICATION OF RENTAL PROCEEDS.

Notwithstanding any other provision of law, any actual
rental proceeds from the lease of land acquired under section
1 of Public Law 91-229 (25 U.S.C. 488) certified by the
Secretary of the Interior shall be deemed--
(1) to constitute the rental value of that land; and
(2) to satisfy the requirement for appraisal of that land.

SEC. 303. MONTANA INDIAN TRIBES; AGREEMENT WITH DRY PRAIRIE
RURAL WATER ASSOCIATION, INCORPORATED.

(a) In General.--The Assiniboine and Sioux Tribes of the
Fort Peck Indian Reservation (referred to in this section as
the ``Tribes'') may, with the approval of the Secretary of
the Interior, enter into a lease or other temporary
conveyance of water rights recognized under the Fort Peck-
Montana Compact (Montana Code Annotated 85-20-201) for the
purpose of meeting the water needs of the Dry Prairie Rural
Water Association, Incorporated (or any successor entity), in
accordance with section 5 of the Fort Peck Reservation Rural
Water System Act of 2000 (114 Stat. 1454).
(b) Conditions of Lease.--With respect to a lease or other
temporary conveyance described in subsection (a)--
(1) the term of the lease or conveyance shall not exceed
100 years; and
(2)(A) the lease or conveyance may be approved by the
Secretary of the Interior without monetary compensation to
the Tribes; and
(B) the Secretary of the Interior shall not be subject to
liability for any claim or cause of action relating to the
compensation or consideration received by the Tribes under
the lease or conveyance.
(c) No Permanent Alienation of Water.--Nothing in this
section authorizes any permanent alienation of any water by
the Tribes.

SEC. 304. AUTHORIZATION OF LEASES OF RESTRICTED LAND FOR
TERMS OF 99 YEARS.

The first section of the Act of August 9, 1955 (25 U.S.C.
415) (as amended by section 3), is amended by adding at the
end the following:
``(h) Authorization of Leases of Tribally Owned Restricted
Land for Terms of 99 Years.--
``(1) In general.--Notwithstanding subsection (a), any
restricted Indian land that is owned by an Indian tribe may
be leased by the tribal owner, with the approval of the
Secretary of the Interior, for a term of not longer than 99
years, for--
``(A) public, religious, educational, recreational,
residential, or business purposes; and
``(B) any other purpose stated in subsection (a), unless
the Secretary determines that the principal purpose of the
lease is for--
``(i) exploration, development, or extraction of a mineral
resource; or
``(ii) storage of materials listed as high level
radioactive waste (as defined in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101)).
``(2) Approval by the secretary.--To the maximum extent
practicable under law, the Secretary shall approve or
disapprove a lease described in subsection (a) or an
amendment to such a lease not later than the date that is 270
days after the date on which an application for approval of
the lease or lease amendment is submitted to the
Secretary.''.

TITLE IV--NAVAJO HEALTH CONTRACTING

SEC. 401. NAVAJO HEALTH CONTRACTING.

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

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