[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1955 Reported in Senate (RS)]
Calendar No. 529
108th CONGRESS
2d Session
S. 1955
[Report No. 108-273]
To make technical corrections to laws relating to Native Americans, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 25, 2003
Mr. Campbell introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
May 20, 2004
Reported by Mr. Campbell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To make technical corrections to laws relating to Native Americans, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Native
American Technical Corrections Act of 2004''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definition of Secretary.
<DELETED>TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO
NATIVE AMERICANS
<DELETED>Sec. 101. National Fund for Excellence in American Indian
Education.
<DELETED>Sec. 102. Indian Financing Act Amendment.
<DELETED>Sec. 103. Exchanged Indian land.
<DELETED>Sec. 104. Indian tribal justice technical and legal
assistance.
<DELETED>Sec. 105. Tribal justice systems.
<DELETED>Sec. 106. Authorization of 99-year leases for the Prairie Band
of Potawatomi.
<DELETED>Sec. 107. Navajo healthcare contracting.
<DELETED>Sec. 108. Crow Tribal Trust Fund.
<DELETED>Sec. 109. Fallon Paiute-Shoshone Tribe Settlement Fund.
<DELETED>Sec. 110. ANCSA amendment.
<DELETED>TITLE II--COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT FUNDS
ACT
<DELETED>Sec. 201. Cowlitz Indian Tribe Distribution of Judgment Funds
Act.
<DELETED>Sec. 202. Definitions.
<DELETED>Sec. 203. Judgment distribution plan.
<DELETED>Sec. 204. Distribution and use of funds.
<DELETED>TITLE III--ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK
RESERVATION.
<DELETED>Sec. 301. Short title.
<DELETED>Sec. 302. Findings and purpose.
<DELETED>Sec. 303. Definitions.
<DELETED>Sec. 304. Distribution of judgment funds.
<DELETED>Sec. 305. Applicable law.
<DELETED>TITLE IV--UTU UTU GWAITU PAIUTE INDIAN LAND TRANSFER
<DELETED>Sec. 401. Transfer.
<DELETED>SEC. 2. DEFINITION OF SECRETARY.</DELETED>
<DELETED> In this Act, the term ``Secretary'' means the Secretary of
the Interior.</DELETED>
<DELETED>TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO
NATIVE AMERICANS</DELETED>
<DELETED>SEC. 101. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN
EDUCATION.</DELETED>
<DELETED> Title V of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458bbb) is amended--</DELETED>
<DELETED> (1) by striking the title heading and inserting
the following:</DELETED>
<DELETED>``TITLE V--NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN
EDUCATION'';</DELETED>
<DELETED> (2) in section 501 (25 U.S.C. 458bbb)--</DELETED>
<DELETED> (A) by striking the section heading and
inserting the following:</DELETED>
<DELETED>``SEC. 501. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN
EDUCATION.'';</DELETED>
<DELETED>and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 102. INDIAN FINANCING ACT AMENDMENT.</DELETED>
<DELETED> (a) Loan Guaranties and Insurance.--Section 201 of the
Indian Financing Act of 1974 (25 U.S.C. 1481) is amended--</DELETED>
<DELETED> (1) by striking ``the Secretary is authorized (a)
to guarantee'' and inserting ``the Secretary may--</DELETED>
<DELETED> ``(1) guarantee'';</DELETED>
<DELETED> (2) by striking ``members; and (b) in lieu of such
guaranty, to insure'' and inserting ``members; or</DELETED>
<DELETED> ``(2) to insure'';</DELETED>
<DELETED> (3) by striking ``Sec. 201. In order'' and
inserting the following:</DELETED>
<DELETED>``SEC. 201. LOAN GUARANTIES AND INSURANCE.</DELETED>
<DELETED> ``(a) In General.--In order''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(b) Eligible Borrowers.--The Secretary may guarantee or
insure loans under subsection (a) to both for-profit and nonprofit
borrowers.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 204. LOAN APPROVAL.''.</DELETED>
<DELETED>SEC. 103. EXCHANGED INDIAN LAND.</DELETED>
<DELETED> Notwithstanding any other provision of law, if--</DELETED>
<DELETED> (1) any portion of the Indian country (as defined
in section 1151 of title 18, United States Code) under the
jurisdiction of an Indian tribe was subject to a government
taking for a project that received any funding under Public Law
85-500;</DELETED>
<DELETED> (2) the Indian tribe applies for land to be taken
into trust by the Federal Government; and</DELETED>
<DELETED> (3) the Secretary of the Interior accepts the land
into trust on behalf of the Indian tribe;</DELETED>
<DELETED>the land shall be deemed for all purposes to have been
acquired in trust as of the date of the taking.</DELETED>
<DELETED>SEC. 104. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL
ASSISTANCE.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 105. TRIBAL JUSTICE SYSTEMS.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 106. AUTHORIZATION OF 99-YEAR LEASES FOR THE PRAIRIE BAND
OF POTAWATOMI.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by inserting ``the reservation of the Prairie
Band Potawatomi Nation Reservation,'' after ``Spanish
Grant'),''; and</DELETED>
<DELETED> (2) by inserting ``lands held in trust for the
Prairie Band Potawatomi Nation,'' before ``lands held in trust
for the Cherokee Nation of Oklahoma''.</DELETED>
<DELETED> (b) Effective Date.--The amendments made by subsection (a)
apply to any lease entered into or renewed on or after the date of
enactment of this Act.</DELETED>
<DELETED>SEC. 107. NAVAJO HEALTHCARE CONTRACTING.</DELETED>
<DELETED> Congress authorizes the Navajo Area Office of the Indian
Health Service to reprogram contract healthcare service dollars for the
Navajo Health Foundation/Sage Memorial Hospital 638 contract.</DELETED>
<DELETED>SEC. 108. CROW TRIBAL TRUST FUND.</DELETED>
<DELETED> Section 6(d) of the Crow Boundary Settlement Act of 1994
(25 U.S.C. 1776d(d)), is amended--</DELETED>
<DELETED> (1) in the subsection heading, by inserting ``and
Capital Gains'' after ``Interest'';</DELETED>
<DELETED> (2) in paragraph (1), by striking ``Only'' and
inserting ``Except as provided in paragraph (4), only'';
and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 109. FALLON PAIUTE-SHOSHONE TRIBE SETTLEMENT
FUND.</DELETED>
<DELETED> Section 102 of the Fallon Paiute Shoshone Indian Tribes
Water Rights Settlement Act of 1990 (104 Stat. 3289) is amended--
</DELETED>
<DELETED> (1) In subsection (C)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``The
income of the Fund may be obligated and expended only
for the following purposes:'' and inserting the
following: ``Notwithstanding any conflicting provision
in the original Fund plan developed in consultation
with the Secretary under subsection (f), during fiscal
year 2004 and each subsequent fiscal year, 6 percent of
the average quarterly market value of the Fund during
the immediately preceding 3 fiscal years (referred to
in this title as the `Annual 6 percent Amount') may be
expended or obligated only for the purposes specified
in subparagraphs (a) through (f) of this section. In
addition, during each fiscal year subsequent to Fund
fiscal year 2004, any unexpended and unobligated
portion of the Annual 6 percent Amount from any of the
3 immediately preceding Fund fiscal years subsequent to
fiscal year 2003, not including any income that may
accrue on that portion may also be expended or
obligated only for the following purposes:'';
and</DELETED>
<DELETED> (B) by striking paragraphs (2) through (4)
and inserting the following:</DELETED>
<DELETED> ``(2) No monies from the Fund other than the amounts
authorized in subsection (C)(1) may be expended or obligated for any
purpose.</DELETED>
<DELETED> ``(3) Notwithstanding any conflicting provision in the
original Fund plan, during fiscal year 2004 and each subsequent fiscal
year, not more than 20 percent of the Annual 6 percent Amount for the
fiscal year (referred to in this title as the `Annual 1.2 percent
Amount') may be expended or obligated under subsection (c)(1)(C) for
per capita distributions to tribal members, provided that during each
Fund fiscal year subsequent to fiscal year 2004, any unexpended and
unobligated portion of the Annual 1.2 percent Amount from any of the 3
immediately preceding Fund fiscal years subsequent to fiscal year 2003,
not including any income that may accrue on that portion, may also be
expended or obligated for such per capita payments.''; and</DELETED>
<DELETED> (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 plan for purposes of conforming the plan to this title
and making nonsubstantive updates, improvements, or corrections
to the original plan.''.</DELETED>
<DELETED>SEC. 110. ANCSA AMENDMENT.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE II--COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT FUNDS
ACT</DELETED>
<DELETED>SEC. 201. COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT FUNDS
ACT.</DELETED>
<DELETED> This title shall be known as the ``Cowlitz Indian Tribe
Distribution of Judgment Funds Act''.</DELETED>
<DELETED> SEC. 202. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) Current judgment fund.--The term ``current
judgment fund'' means the funds awarded by the Indian Claims
Commission Docket No. 218 and all interest accrued on the funds
as of the date of enactment of this Act.</DELETED>
<DELETED> (2) Initial interest.--The term ``initial
interest'' means the interest on the funds awarded by the
Indian Claims Commission Docket No. 218 during the time period
from 1 year before the date of enactment of this Act through
the date of enactment of this Act.</DELETED>
<DELETED> (3) Principal.--The term ``principal'' means the
funds awarded by the Indian Claims Commission Docket No. 218
and all interest accrued on the funds as of 1 year before the
date of enactment of this Act.</DELETED>
<DELETED> (4) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (5) Tribe.--The term ``Tribe'' means the Cowlitzq
Indian Tribe of Washington, to which the Secretary extended
Federal recognition on December 31, 2001, under part 83 of
title 25, Code of Federal Regulations.</DELETED>
<DELETED> (6) Tribal member.--The term ``tribal member''
means an individual who is an enrolled member of the Cowlitz
Indian Tribe in accordance with tribal enrollment procedures
and requirements.</DELETED>
<DELETED> (7) Tribal elder.--The term ``tribal elder'' means
a tribal member who was 62 years of age or older as of February
14, 2000.</DELETED>
<DELETED> SEC. 203. JUDGMENT DISTRIBUTION PLAN.</DELETED>
<DELETED> Notwithstanding the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1401 et seq.), or any plan prepared or
promulgated by the Secretary under that Act, the judgment funds awarded
in Indian Claims Commission Docket No. 218 and interest accrued on
those funds as of the date of enactment of this Act shall be
distributed and used in accordance with this title.</DELETED>
<DELETED> SEC. 204. DISTRIBUTION AND USE OF FUNDS.</DELETED>
<DELETED> (a) Preservation of Principal After Elderly Assistance and
Tribal Administration Payments.--</DELETED>
<DELETED> (1) In general.--Except as provided in subsection
(b), the principal shall not be distributed under this
title.</DELETED>
<DELETED> (2) Disbursements.--The Secretary shall--
</DELETED>
<DELETED> (A) maintain undistributed current
judgment funds in an interest-bearing account in trust
for the Tribe; and</DELETED>
<DELETED> (B) disburse principal or interest in
accordance with this title not later than 30 days after
receipt by the Northwest Regional Director of the
Bureau of Indian Affairs of a request by the Cowlitz
Tribal Council for a disbursement of funds.</DELETED>
<DELETED> (b) Elderly Assistance Program.--</DELETED>
<DELETED> (1) Setaside.--From the current judgment fund, the
Secretary shall set aside 20 percent for an elderly assistance
payment.</DELETED>
<DELETED> (2) Payments.--The Secretary shall provide 1
elderly assistance payment to each enrolled tribal elder not
later than 30 days after all of the following have
occurred:</DELETED>
<DELETED> (A) List of enrolled members.--The Cowlitz
Tribal Council has compiled and reviewed for accuracy a
list of all enrolled tribal members that are both a
minimum of </DELETED>\<DELETED>1/16</DELETED>\
<DELETED>Cowlitz blood and 62 years of age or older as
of February 14, 2000.</DELETED>
<DELETED> (B) Verification.--The Secretary has
verified the blood quantum and age of the tribal
members identified on the list under subparagraph
(A).</DELETED>
<DELETED> (C) Request for disbursement.--The Cowlitz
Tribal Council has made a request for disbursement of
judgment funds for the elderly assistance
payment.</DELETED>
<DELETED> (3) Death of tribal elder.--If a tribal elder
eligible for an elderly assistance payment dies before
receiving payment under this subsection, the funds that would
have been paid to the tribal elder shall be added to and
distributed in accordance with the emergency assistance program
under subsection (c).</DELETED>
<DELETED> (4) Costs.--The Secretary shall pay all costs of
distribution under this subsection out of the amount set aside
under paragraph (1).</DELETED>
<DELETED> (c) Emergency Assistance Program.--</DELETED>
<DELETED> (1) Setaside.--From the principal, the Secretary
shall set aside 10 percent for an emergency assistance
program.</DELETED>
<DELETED> (2) Distribution of interest.--Beginning the
second year after the date of enactment of this Act, interest
earned on the amount setaside--</DELETED>
<DELETED> (A) shall be distributed annually in a
lump sum to the Cowlitz Tribal Council; and</DELETED>
<DELETED> (B) shall be used to provide emergency
assistance for tribal members.</DELETED>
<DELETED> (3) Availability of interest.--Of the initial
interest, 10 percent shall be available on the date of
enactment of this Act shall be used to fund the program for the
first year after the date of enactment of this Act.</DELETED>
<DELETED> (d) Education, Vocational, and Cultural Training
Program.--</DELETED>
<DELETED> (1) Setaside.--From the principal, the Secretary
shall set aside 10 percent for an education, vocational, and
cultural training program.</DELETED>
<DELETED> (2) Distribution of interest.--Beginning the
second year after the date of enactment of this Act, interest
earned on the amount setaside--</DELETED>
<DELETED> (A) shall be distributed annually in a
lump sum to the Cowlitz Tribal Council; and</DELETED>
<DELETED> (B) shall be used to provide scholarships
to tribal members pursuing educational advancement,
including cultural and vocational training.</DELETED>
<DELETED> (3) Availability of interest.--Of the initial
interest, 10 percent shall be available upon the date of
enactment of this Act to fund the program for the first year
after the date of enactment of this Act.</DELETED>
<DELETED> (e) Housing Assistance Program.--</DELETED>
<DELETED> (1) Setaside.--From the principal, the Secretary
shall set aside 5 percent for a housing assistance
program.</DELETED>
<DELETED> (2) Distribution of interest.--Beginning the
second year after the date of enactment of this Act, interest
earned on the amount set aside--</DELETED>
<DELETED> (A) shall be disbursed annually in a lump
sum to the Cowlitz Tribal Council; and</DELETED>
<DELETED> (B) shall be--</DELETED>
<DELETED> (i) used as a supplement to any
existing tribal housing improvements program;
or</DELETED>
<DELETED> (ii) used in a separate housing
assistance Program established by the Cowlitz
Tribal Council.</DELETED>
<DELETED> (3) Availability of interest.--Of the initial
interest, 5 percent shall be available on the date of enactment
of this Act to fund the program for the first year after the
date of enactment of this Act.</DELETED>
<DELETED> (f) Economic Development, Tribal, and Cultural Centers.--
</DELETED>
<DELETED> (1) Setaside.--From the principal, the Secretary
shall set aside 21.5 percent--</DELETED>
<DELETED> (A) for economic development;
and</DELETED>
<DELETED> (B) if other funding is not available or
not adequate (as determined by the Tribe), for the
construction and maintenance of tribal and cultural
centers.</DELETED>
<DELETED> (2) Distribution of interest.--Beginning the
second year after the date of enactment of this Act, interest
earned on the amount set aside--</DELETED>
<DELETED> (A) shall be disbursed annually in a lump
sum to the Cowlitz Tribal Council; and</DELETED>
<DELETED> (B) shall be used for--</DELETED>
<DELETED> (i) property acquisition for
business or other activities that are likely to
benefit the Tribe economically or provide
employment for tribal members;</DELETED>
<DELETED> (ii) business development for the
Tribe, including collateralization of loans for
the purchase or operation of businesses,
matching funds for economic development grants,
joint venture partnerships, and other similar
ventures that are likely to produce profits for
the Tribe; and</DELETED>
<DELETED> (iii) design, construction,
maintenance, and operation of tribal centers
and cultural centers.</DELETED>
<DELETED> (3) Loan repayment.--The principal and interest of
any business loan made under paragraph (2) shall be repaid to
the economic development program for reinvestments, and
business profits shall be credited to the general fund of the
Tribe for uses to be determined by the Cowlitz Tribal
Council.</DELETED>
<DELETED> (4) Availability of interest.-- 21.5 percent of
the initial interest available upon the date of enactment of
this Act to fund the program for the first year after the date
of enactment of this Act.</DELETED>
<DELETED> (g) Natural Resources.--</DELETED>
<DELETED> (1) Setaside.--From the principal, the Secretary
shall set aside 7.5 percent for natural resources.</DELETED>
<DELETED> (2) Distribution of interest.--Beginning the
second year after the date of enactment of this Act, interest
earned on the amount set aside--</DELETED>
<DELETED> (A) shall be disbursed annually in a lump
sum to the Cowlitz Tribal Council; and</DELETED>
<DELETED> (B) may be added to any existing tribal
natural resource program to enhance the use and
enjoyment by the Tribe of existing and renewable
natural resources on tribal land.</DELETED>
<DELETED> (3) Availability of interest.--7.5 percent of the
initial interest shall be available upon the date of enactment
of this Act to fund the program for the first year after the
date of enactment of this Act.</DELETED>
<DELETED> (h) Cultural Resources.--</DELETED>
<DELETED> (1) Setaside.--From the principal, the Secretary
shall set aside 4 percent for cultural resources.</DELETED>
<DELETED> (2) Distribution of interest.--Beginning the
second year after the date of enactment of this Act, interest
earned on the amount set aside--</DELETED>
<DELETED> (A) shall be distributed annually in a
lump sum to the Cowlitz Tribal Council; and</DELETED>
<DELETED> (B) shall be used to--</DELETED>
<DELETED> (i) maintain artifacts;</DELETED>
<DELETED> (ii) collect documents;
and</DELETED>
<DELETED> (iii) archive and identify
cultural sites of tribal
significance.</DELETED>
<DELETED> (3) Availability or interest.--Of the initial
interest, 4 percent shall be available on the date of enactment
of this Act to fund the program for the first year after the
date of enactment of this Act.</DELETED>
<DELETED> (i) Health.--</DELETED>
<DELETED> (1) Setaside.--From the principal, the Secretary
shall set aside 21 percent for health.</DELETED>
<DELETED> (2) Distribution of interest.--Beginning the
second year after the date of enactment of this Act, interest
earned on the amount set aside--</DELETED>
<DELETED> (A) shall be disbursed annually in a lump
sum to the Cowlitz Tribal Council; and</DELETED>
<DELETED> (B) shall be used for the health needs of
the Tribe.</DELETED>
<DELETED> (3) Availability of interest.--21 percent of the
initial interest shall be available on the date of enactment of
this Act to fund the program for the first year after the date
of enactment of this Act.</DELETED>
<DELETED> (j) Tribal Administration Program.--</DELETED>
<DELETED> (1) Setaside.--From the principal, the Secretary
shall set aside 21 percent for tribal administration.</DELETED>
<DELETED> (2) Distribution of interest.--</DELETED>
<DELETED> (A) Initial distribution.--Of the initial
interest, 21 percent, and of the principal, the
difference between 21 percent of the initial interest
and $150,000, shall be set aside and immediately
disbursed to the Tribe for the purposes of funding
tribal administration for the first year after the date
of enactment of this Act.</DELETED>
<DELETED> (B) Subsequent distribution.--Beginning
the second year after the date of enactment of this
Act, interest earned on the remaining principal set
aside under this subsection shall be disbursed annually
in a lump sum to pay the operating costs of the Cowlitz
Tribal Council, including travel, telephone, cultural,
and other expenses incurred in the conduct of the
affairs of the Tribe and legal fees as approved by the
Cowlitz Tribal Council.</DELETED>
<DELETED> (k) General Conditions.--</DELETED>
<DELETED> (1) In general.--The conditions stated in this
subsection apply to the management and use of all funds
available under this title by the Cowlitz Tribal
Council.</DELETED>
<DELETED> (2) Administrative costs.--Not more than 10
percent of the interest earned on the principal designated for
the program under any subsection, except the programs under
subsections (i) and (j), may be used for the administrative
costs of the program.</DELETED>
<DELETED> (3) No service area.--</DELETED>
<DELETED> (A) In general.--No service area is
implied or imposed under any program under this
title.</DELETED>
<DELETED> (B) Members outside service area.--If the
costs of administering any program under this Act for
the benefit of tribal members living outside the
Tribe's Indian Health Service area are greater than 10
percent of the interest earned on the principal
designated for that program, the Cowlitz Tribal Council
may authorize the expenditure of such funds for that
program.</DELETED>
<DELETED> (3) Approval.--Before any expenditures, the
Cowlitz Tribal Council shall approve all programs and shall
publish in a publication of general circulation regulations
that provide standards and priorities for programs under this
title.</DELETED>
<DELETED> (4) Applicability of other law.--Section 7 of the
Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C.
1407) shall apply to funds available under this
title.</DELETED>
<DELETED> (5) Appeal.--</DELETED>
<DELETED> (A) In general.--Any tribal member who
believes that he or she has been unfairly denied the
right to take part in any program under this title may
appeal to the tribal secretary.</DELETED>
<DELETED> (B) Resolution.--The tribal secretary
shall bring the appeal to the Cowlitz Tribal Council
for resolution.</DELETED>
<DELETED> (C) Timely response.--The resolution shall
be made in a timely manner, and the tribal secretary
shall respond to the tribal member.</DELETED>
<DELETED>TITLE III--ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK
RESERVATION</DELETED>
<DELETED>SEC. 301. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Assiniboine and Sioux
Tribes of the Fort Peck Reservation Judgment Fund Distribution Act of
2003''.</DELETED>
<DELETED> SEC. 302. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) $2,749,354.41, representing--
</DELETED>
<DELETED> (i) interest on the principal
indebtedness for the period from August 13,
1946, through July 31, 1998; plus</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) $350,000, representing the litigation
costs and attorney's fees that the Tribe incurred to
prosecute the claims;</DELETED>
<DELETED> (4) the terms of the settlement were approved by
the Court on January 8, 1999, and judgment was entered on
January 12, 1999;</DELETED>
<DELETED> (5) on March 18, 1999, $4,522,551.84 was
transferred to the Department of the Interior;</DELETED>
<DELETED> (6) that judgment amount was deposited in an
escrow account established to provide--</DELETED>
<DELETED> (A) $350,000 for the payment of attorney's
fees and expenses; and</DELETED>
<DELETED> (B) $4,172,551.84 for pending Court-
ordered distribution to the Tribe and individual Indian
trust beneficiaries;</DELETED>
<DELETED> (7) on January 31, 2001, the Court approved a
joint stipulation that established procedures for--</DELETED>
<DELETED> (A) identification of the class of
individual Indians having an interest in the
judgment;</DELETED>
<DELETED> (B) notice to and certification of that
class; and</DELETED>
<DELETED> (C) the distribution of the judgment
amount to the Tribe and affected class of individual
Indians;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) that transferred amount represents--</DELETED>
<DELETED> (i) 54.2 percent of the Tribe's estimated
26-percent share of the amount referred to in paragraph
(6)(B); plus</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (9) under the Court-approved stipulation--
</DELETED>
<DELETED> (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.);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) those additional payments would
include--</DELETED>
<DELETED> (i) the balance of the share of
the Tribe of the distribution amount and
investment income earned on the distribution
amount;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) the portion of the
distribution amount that represents shares
attributable to individual Indians that--
</DELETED>
<DELETED> (I) cannot be located for
purposes of accepting payment;
and</DELETED>
<DELETED> (II) will not be bound by
the judgment in the case referred to in
paragraph (1); and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> SEC. 303. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) Court.--The term ``Court'' means the Court of
Federal Claims.</DELETED>
<DELETED> (2) Distribution amount.--The term ``distribution
amount'' means the amount referred to in section
302(6)(B).</DELETED>
<DELETED> (3) Judgment amount.--The term ``judgment amount''
means the amount referred to in section 302(5).</DELETED>
<DELETED> (4) Principal indebtedness.--The term ``principal
indebtedness'' means the amount referred to in section
302(3)(A).</DELETED>
<DELETED> (5) Tribe.--The term ``Tribe'' means the
Assiniboine and Sioux Tribes of the Fort Peck
Reservation.</DELETED>
<DELETED> SEC. 304. DISTRIBUTION OF JUDGMENT FUNDS.</DELETED>
<DELETED> (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 302(1) (including any
interest accrued on those amounts)--</DELETED>
<DELETED> (1) shall be made available for tribal health,
education, housing, and social services programs of the Tribe,
including--</DELETED>
<DELETED> (A) educational and youth
programs;</DELETED>
<DELETED> (B) programs for improvement of facilities
and housing;</DELETED>
<DELETED> (C) programs to provide equipment for
public utilities;</DELETED>
<DELETED> (D) programs to provide medical assistance
or dental, optical, or convalescent equipment;
and</DELETED>
<DELETED> (E) programs to provide senior citizen and
community services; and</DELETED>
<DELETED> (2) shall not be available for per capita
distribution to any member of the Tribe.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> SEC. 305. APPLICABLE LAW.</DELETED>
<DELETED> Except as provided in section 304(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).</DELETED>
<DELETED>TITLE IV--UTU UTU GWAITU PAIUTE INDIAN LAND TRANSFER</DELETED>
<DELETED>SEC. 401. TRANSFER.</DELETED>
<DELETED> Section 902(b) of the California Indian Land Transfer Act
(114 Stat. 2921) is amended--</DELETED>
<DELETED> (1) by striking ``3,525.8'' and inserting
``3,765.8''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(9) Utu utu gwaitu paiute tribe.--Lands to be
held in trust for the Utu Utu Gwaitu Paiute Tribe, Benton
Paiute Reservation are comprised of approximately 240 acres
described as follows:</DELETED>
<DELETED> ``Mount Diablo Base and
Meridian</DELETED>
<DELETED>``Township 2 South, Range 31 East</DELETED>
<DELETED> ``Section 11:</DELETED>
<DELETED> ``SE</DELETED>\<DELETED>1/2</DELETED>\
<DELETED>and E</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>of
SW</DELETED>\<DELETED>1/4</DELETED>\<DELETED>.''.</DELETED>
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. Fallon Paiute-Shoshone Tribe Settlement Fund.
Sec. 107. ANCSA amendment.
Sec. 108. Native Hawaiian cultural activities.
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 ``members; and (b) in lieu of such
guaranty, to insure'' and inserting ``members; or
``(2) to insure'';
(3) by striking ``Sec. 201. In order'' and inserting the
following:
``SEC. 201. LOAN GUARANTIES AND INSURANCE.
``(a) In General.--In order''; and
(4) by adding at the end the following:
``(b) Eligible Borrowers.--The Secretary may guarantee or insure
loans under subsection (a) to both for-profit and nonprofit
borrowers.''.
(b) Loan Approval.--Section 204 of the Indian Financing Act of 1974
(25 U.S.C. 1484) is amended by striking ``Sec. 204.'' and inserting the
following:
``SEC. 204. LOAN APPROVAL.''.
(c) Loans Ineligible for Guaranty or Insurance.--Section 206 of the
Indian Financing Act of 1974 (25 U.S.C. 1486) is amended by inserting
``(not including an eligible Native American owned or operated
Community Development Finance Institution)'' after ``Government''.
(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. FALLON PAIUTE-SHOSHONE TRIBE SETTLEMENT FUND.
(a) Settlement Fund.--Section 102 of the Fallon Paiute Shoshone
Indian Tribes Water Rights Settlement Act of 1990 (104 Stat. 3289) is
amended--
(1) in subsection (C)--
(A) in paragraph (1)--
(i) by striking ``The income of the Fund
may be obligated and expended only for the
following purposes:'' and inserting the
following: ``Notwithstanding any conflicting
provision in the original Fund plan during Fund
fiscal year 2004 and during each subsequent
Fund fiscal year, 6 percent of the average
quarterly market value of the Fund during the
immediately preceding 3 Fund fiscal years
(referred to in this title as the `Annual 6
percent Amount'), plus any unexpended and
unobligated portion of the Annual 6 percent
Amount from any of the 3 immediately preceding
Fund fiscal years that are subsequent to Fund
fiscal year 2003, less any negative income that
may accrue on that portion, may be expended or
obligated only for the following purposes:'';
and
(ii) by adding at the end the following:
``(g) Fees and expenses incurred in connection with the investment
of the Fund, for investment management, investment consulting,
custodianship, and other transactional services or matters.''; and
(B) by striking paragraph (4) and inserting the
following:
``(4) No monies from the Fund other than the amounts
authorized under paragraphs (1) and (3) may be expended or
obligated for any purpose.
``(5) Notwithstanding any conflicting provision in the
original Fund plan, during Fund fiscal year 2004 and during
each subsequent Fund fiscal year, not more than 20 percent of
the Annual 6 percent Amount for the Fund fiscal year (referred
to in this title as the `Annual 1.2 percent Amount') may be
expended or obligated under paragraph (1)(c) for per capita
distributions to tribal members, except that during each Fund
fiscal year subsequent to Fund fiscal year 2004, any unexpended
and unobligated portion of the Annual 1.2 percent Amount from
any of the 3 immediately preceding Fund fiscal years that are
subsequent to Fund fiscal year 2003, less any negative income
that may accrue on that portion, may also be expended or
obligated for such per capita payments.''; and
(2) in subsection (D), by adding at the end the following:
``Notwithstanding any conflicting provision in the original
Fund plan, the Fallon Business Council, in consultation with
the Secretary, shall promptly amend the original Fund plan for
purposes of conforming the Fund plan to this title and making
nonsubstantive updates, improvements, or corrections to the
original Fund plan.''.
(b) Definitions.--Section 107 of the Fallon Paiute Shoshone Indian
Tribes Water Rights Settlement Act of 1990 (104 Stat. 3293) is
amended--
(1) by redesignating subsections (D), (E), (F), and (G) as
subsections (F), (G), (H), and (I), respectively; and
(2) by striking subsections (B) and (C) and inserting the
following:
``(B) the term `Fund fiscal year' means a fiscal year of
the Fund (as defined in the Fund plan);
``(C) the term `Fund plan' means the plan established under
section 102(F), including the original Fund plan (the `Plan for
Investment, Management, Administration and Expenditure dated
December 20, 1991') and all amendments of the Fund plan under
subsection (D) or (F)(1) of section 102;
``(D) the term `income' means the total net return from the
investment of the Fund, consisting of all interest, dividends,
realized and unrealized gains and losses, and other earnings,
less all related fees and expenses incurred for investment
management, investment consulting, custodianship and
transactional services or matters;
``(E) the term `principal' means the total amount
appropriated to the Fallon Paiute Shoshone Tribal Settlement
Fund under section 102(B);''.
SEC. 107. 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. 108. NATIVE HAWAIIAN CULTURAL ACTIVITIES.
Section 7205(a)(3) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7515(a)(3)) is amended--
(1) by redesignating subparagraphs (K) and (L) as
subparagraphs (L) and (M), respectively; and
(2) inserting after subparagraph (J) the following:
``(K) research and educational activities relating
to Native Hawaiian culture, history, and law.''.
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
(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 Prairie Band
Potawatomi Nation,'' before ``lands held in trust for the
Cherokee Nation of Oklahoma'';
(6) by inserting ``lands held in trust for the Fallon
Paiute Shoshone Tribes,'' before ``lands held in trust for the
Pueblo of Santa Clara''; and
(7) 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), 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
hazardous waste (as defined under the
Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.
9601)).
``(2) Approval by the secretary.--
``(A) Timing.--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 180 days after the date on which an application for
approval of the lease or lease amendment is submitted
to the Secretary.
``(B) Failure to act.--If the Secretary fails to
take action on an application for approval of a lease
or lease amendment by the date specified in
subparagraph (A), the Secretary shall be deemed to have
approved the lease.''.
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.
Calendar No. 529
108th CONGRESS
2d Session
S. 1955
[Report No. 108-273]
_______________________________________________________________________
A BILL
To make technical corrections to laws relating to Native Americans, and
for other purposes.
_______________________________________________________________________
May 20, 2004
Reported with an amendment