S. 631

A bill to provide grants to ensure full and fair participation in certain decisionmaking processes of the Bureau of Indian Affairs.

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II

109th CONGRESS

1st Session

S. 631

IN THE SENATE OF THE UNITED STATES

March 15, 2005

Mr. Dodd (for himself and Mr. Lieberman) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

A BILL

To provide grants to ensure full and fair participation in certain decisionmaking processes of the Bureau of Indian Affairs.

1.

Grant program

(a)

Definitions

In this section:

(1)

Acknowledged Indian tribe

The term acknowledged Indian tribe means an Indian tribe, band, nation, pueblo, or other organized group or community that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(2)

Eligible entity

The term eligible entity means an eligible Indian group or eligible local government.

(3)

Eligible Indian group

The term eligible Indian group means a group that—

(A)

is an acknowledged Indian tribe or has petitioned the Secretary to be acknowledged as an Indian tribe; and

(B)

needs financial assistance to facilitate fair participation in a pending action, as determined by the Secretary.

(4)

Eligible local government

The term eligible local government means a municipality or county that needs financial assistance to facilitate fair participation in a pending action.

(5)

Pending action

The term pending action means—

(A)

a pending action in which—

(i)
(I)

an Indian group seeks Federal acknowledgment; or

(II)

an Indian tribe the status of which as a federally acknowledged Indian tribe has been terminated seeks to be restored to federally acknowledged status;

(ii)

a federally acknowledged Indian tribe asserts trust status with respect to land within the boundaries of an area over which a local government exercises jurisdiction;

(iii)

a federally acknowledged Indian tribe files a petition with the Secretary requesting that land within the boundaries of an area over which a local government exercises jurisdiction be taken into trust for the benefit of the Indian tribe; and

(iv)

an Indian group or a federally acknowledged Indian tribe asserts a claim to land based on a treaty or a law specifically applicable to transfers of land or natural resources from, by, or on behalf of any Indian, Indian tribe, Indian group, or band of Indians (including the Act of July 22, 1790 (1 Stat. 137, chapter 33), the Act of March 30, 1802 (2 Stat. 139, chapter 13), and the Act of June 30, 1834 (4 Stat. 729, chapter 161) (commonly known as the Trade and Intercourse Acts)); or

(B)

any other action or proposed action relating to an Indian group or federally acknowledged Indian tribe if the Secretary determines that the action or proposed action is likely to significantly affect the citizens represented by a local government.

(6)

Secretary

The term Secretary means the Secretary of the Interior.

(b)

Grants

Subject to the availability of funds, on application of an eligible entity, the Secretary shall provide a grant to the eligible entity to assist eligible entity in participating in the decisionmaking process relating to a pending action, if the Secretary determines that the assistance—

(1)

is necessary to protect the interests of the Government or eligible entity; and

(2)

would promote the interest of just administration in the Bureau of Indian Affairs.

(c)

Amount

A grant provided under this section to an eligible entity for any single pending action shall not exceed $500,000 in any fiscal year.

(d)

Use of grant

A grant provided under this section may be used only to pay expenses incurred after the date of enactment of this Act.

(e)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $8,000,000 for each fiscal year.