[Senate Report 107-247]
[From the U.S. Government Publishing Office]
Calendar No. 556
107th Congress Report
SENATE
2d Session 107-247
======================================================================
IMPROVE PROGRAMS RELATIVE TO NATIVE AMERICANS
_______
August 28, 2002.--Ordered to be printed
Filed under authority of the order of the Senate of July 29, 2002
_______
Mr. Inouye, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 2711]
The Committee on Indian Affairs, to which was referred the
bill (S. 2711) to reauthorize and improve programs relative to
Native Americans, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
Purpose
The purpose of S. 2711 is to provide a more effective means
of addressing a number of narrowly-focused provisions in one
bill, obviating the need for the introduction and enactment of
separate smaller bills. S. 2711 contains twenty-one provisions,
including the extension of several expiring authorizations,
amending provisions of statutes relating to particular Indian
tribes, and modifying certain Native American programs.
Background and Need
S. 2711 contains separate provisions dealing with a variety
of topics including the reauthorization of statutes authorizing
Native American programs such as the Bosque Redondo Memorial
Act, the Navajo-Hopi Land Settlement Act of 1974, the Indian
Health Care Improvement Act, the Indian Alcohol and Substance
Abuse Prevention and Treatment Act of 1986, the Indian Child
Protection and Family Violence Prevention Act, the Native
American Programs Act of 1974, the Native Hawaiian Health Care
Improvement Act, and the Four Corners Interpretive Center Act.
The bill also provides for technical amendments to provisions
relating to particular Indian tribes and to general laws
relating to Native American programs. A more detailed
explanation of each amendment is included in the bill's
section-by-section analysis.
Legislative History
S. 2711 was introduced by Senator Inouye, for himself and
for Senator Campbell, on July 9, 2002, and was referred to the
Committee on Indian Affairs. On July 18, 2002, the Committee
favorably reported S. 2711 to the full Senate, but since that
time, the Committee has been called upon to make a number of
changes in the bill, as reported.
Section-by-Section Analysis
Section 1. Short Title; Table of Contents. Section 1 sets
forth the Short Title of the Act as the ``Indian Programs
Reauthorization and Technical Amendments Act of 2002'' and
provides a Table of Contents.
TITLE I--REAUTHORIZATIONS
Section 101. Bosque Redondo Memorial Act. Section 101
extends the authorization period under the Bosque Redondo
Memorial Act, 114 Stat. 2365. The authorizing language was
drafted in 1999 with the intent that it would become law in
1999 however the Act was not enacted into law until November
2000. Because the authorization of appropriations was not
updated to reflect the actual date of enactment of the Act, and
the full appropriation was made in 2001, this section changes
the authorization of appropriations for $2 million to 2001,
instead of $1 million in 2000 and $500,000 in each of fiscal
years 2001 and 2002. The authorization for the carryover of
funds is extended from 2002 to 2006.
Section 102. Navajo-Hopi Land Settlement Act of 1974.
Section 102 extends the authorization period for the programs
authorized by the Navajo-Hopi Land Settlement Act of 1974.
Because the Act's authorization period expired on September 30,
2000, this section extends the authorization of the Navajo-Hopi
Land Settlement Act of 1974, 25 U.S.C. Sec. 640d et seq.,
through fiscal year 2006.
Section 103. Indian Health Care Improvement Act. Section
103 extends the authorization period for the programs
authorized by the Indian Health Care Improvement Act. Because
the Act's authorization period expired on September 30, 2001,
this section extends the authorization of the Indian Health
Care Improvement Act, 25 U.S.C. Sec. 1601 et seq., through
fiscal year 2006.
Section 104. Indian Alcohol and Substance Abuse Prevention
and Treatment Act of 1986. Section 104 extends the
authorization period of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986. Because the Act's
authorization period expired on September 30, 2001, this
section extends the authorization of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986, 25 U.S.C.
Sec. 2401 et seq., through September 30, 2006.
Section 105. Indian Child Protection and Family Violence
Prevention Act. Section 105 extends the authorization period of
the Indian Child Protection and Family Violence Prevention Act.
Because the Act's authorization period expired on September 30,
2001, this section extends the authorization of the Indian
Child Protection and Family Violence Prevention Act, 25 U.S.C.
Sec. 3201 et seq., through September 30, 2006.
Section 106. Native American Programs Act of 1974. Section
106 extends the authorization period of the Native American
Programs Act of 1974. Because the Act's authorization period
expired on September 30, 2001, this section extends the
authorization of the Native American Programs Act of 1974, 42
U.S.C. Sec. 2991 et seq., through September 30, 2006.
Section 107. Native Hawaiian Health Care Improvement Act.
Section 107 extends the authorization period of the Native
Hawaiian Health Care Improvement Act. Because the Act's
authorization period expired on September 30, 2001, this
section extends the authorization of the Native Hawaiian Health
Care Improvement Act, 42 U.S.C. Sec. 11701 et seq., through
September 30, 2006.
Section 108. Four Corners Interpretive Center Act. Section
108 extends the authorization period of the Four Corners
Interpretive Center Act. Because one section of the Act's
authorization period expired on September 30, 2001, and another
section will expire on September 30, 2002, this section extends
the authorization of all provisions of the Four Corners
Interpretive Center Act, 113 Stat. 1706, for an additional two
years from the current expiration dates.
TITLE II--PROVISIONS RELATING TO PARTICULAR INDIAN TRIBES
Section 201. Authorization of 99-year Leases for
Confederated Tribes of the Umatilla Indian Reservation. Section
201 amends the Act of August 9, 1955, 25 U.S.C. Sec. 415, to
authorize the Confederated Tribes of the Umatilla Indian
Reservation to lease trust lands, regardless of location, for a
period not to exceed 99 years. The general 25-year lease
authority affecting most Indian tribes was amended to provide
for 99-year leases, and since that time, a number of tribes
with the 25-year restriction on the term of leases that is
contained in tribally-specific legislation have called upon the
Committee to amend their tribally-specific statutes to conform
with the change in the general lease authority.
Section 202. Cow Creek Land Selection. Section 202 amends
the Cow Creek Band of Umpqua Tribe of Indians Recognition Act,
25 U.S.C. Sec. 712 et seq. to clarify that acquired lands shall
be treated as on-reservation land for the purpose of processing
acquisitions of real property into trust. The Cow Creek Band of
Umpqua Indians was restored to Federal recognition in 1982, and
the Restoration Act authorized the tribe to acquire lands
within an identified area for purposes of restoring the lands
to reservation status. The Department of the Interior has been
treating the applications for the taking of land into trust by
the Cow Creek Band as if the lands were off-reservation lands,
in direct conflict with the provisions of the Restoration Act
which provide that the lands acquired by the Band are to be
treated as part of the Band's reservation. The last sentence of
the paragraph of the existing law that is amended by section
202 provides that none of the lands acquired by the Band may be
used for purposes of conducting gaming under the authority of
the Indian Gaming Regulatory Act. The Band does operate a hotel
and casino on lands that were taken into trust under the
authority of another section of the Restoration Act.
Section 203. Navajo-Hopi Relocation Impact Study. Section
203 amends the Navajo-Hopi Land Settlement Act of 1974, 25
U.S.C. Sec. 640d et seq. to authorize a relocation impact
study. The Secretary of the Interior shall, not later than 90
days after the enactment of this provision, enter into a
contract to conduct a study to determine whether the purposes
of the Act have been achieved and whether recommended
activities should be carried out to mitigate the consequences
of the implementation of the Navajo-Hopi Land Settlement Act.
The study shall include an analysis of five specified factors:
(1) the long-term effects of the relocation programs; (2) the
ongoing needs of the populations relocated under this Act; (3)
the ongoing needs of the other communities affected by
relocations under this Act; (4) the effects of termination of
the relocation programs; (5) other appropriate factors, as
determined by the Secretary. The Secretary shall issue a report
not later than one year after the date of enactment of this
provision. One million dollars is authorized to carry out this
provision.
Section 204. Mississippi Band of Choctaw Indians. Section
204 clarifies and corrects the legal descriptions or recording
information for certain lands already placed into trust and
reservation status for the Mississippi Band of Choctaw Indians
so that those descriptions and recording information conform to
the deeds of record and to the book and page numbers at which
said deeds were recorded. This is accomplished by referencing
the Report of May 17, 2002, which contains the correct legal
descriptions and recording information. This section does not
authorize any additional lands to be placed into trust.
Section 205. Modification of Pueblo de Cochiti Settlement.
Section 205 amends the Pueblo de Cochiti Settlement, section 1
of Public Law 102-358, 106 Stat. 960, by requiring that the
modifications regarding the use of the settlement funds as
described in the First Amendment to Operation and Maintenance
Agreement for Implementation of Cochiti Wetlands Solution be
implemented.
Section 206. Chippewa Cree Tribe of the Rocky Boy's
Reservation settlement modifications. As part of the Chippewa
Cree Tribe of the Rocky Boy's Reservation Indian Reserved Water
Rights Settlement and Water Supply Enhancement Act of 1999
(Act), Public Law 106-163, the courts, including all appeals,
must ratify the water rights compact that had been agreed to by
the State of Montana and the Tribe within three years from the
date of petition for ratification. The State of Montana and the
Tribe jointly petitioned the Montana Water Court on February
14, 2000. A final decision, including appeals, has not been
issued. Section 206 extends the period in which the courts have
to ratify the water rights compact from three years to five
years.
Section 207. Disposal of Oil Shale Reserve Numbered 2.
Section 3405(c) of Public Law 105-261 conveyed certain land
from the Department of Energy to the Ute Tribe of the Uintah
and Ouray Reservation in Utah. Although such land was expressly
exempted from trust status or Federal management authority,
there was no express exemption from the Non-Intercourse Act
restrictions on leasing or conveyancing of the lands under 25
U.S.C. Sec. 177. The Tenth Circuit Court of Appeals has
repeatedly held that non-trust lands held in fee by a tribe are
subject to the restrictions on alienation imposed by the Non-
Intercourse Act and the Bureau of Indian Affairs Superintendent
has refused to approve documents required to develop the land
because the lands are exempted from trust management. Section
207 exempts such land from Federal restrictions on alienation.
It also exempts any grant, lease, exploration or development
agreement, or other conveyance of such land from being subject
to approval by the Secretary of the Interior.
Section 208. Land of Pechanga Band of Luiseno Mission
Indians. The Pechanga Band of Luiseno Mission Indians has a
pending fee-to-trust application for certain land. On March 21,
2002, the Secretary of the Interior issued a Notice of Decision
to accept such land into trust for the Band. A local private
utility seeks to have the land condemned so that a transmission
line could be constructedon lands on which sites sacred to the
Band are located. Section 208 prohibits the transfer or other
conveyance of the land for condemnation until the Secretary of the
Interior renders a final decision on the pending fee-to-trust
application and final decisions have been rendered on all appeals
relating to that decision.
Section 209. Quinault Indian Nation Water Feasibility
Study. Section 209 authorizes the Secretary of the Interior to
conduct a water source, quantity, and quality feasibility study
for the Quinault Indian Nation. The Secretary shall publish a
notice of the availability of the results of the study and,
upon request, make the results of the study available to the
public.
Section 210. Waiver of Repayment of Expert Assistance Loans
to the Pueblo of Santo Domingo. Section 210 cancels any
balances due on loans made to the Pueblo of Santo Domingo for
expert witness fees and expenses. As a result of a judgment
award from the Federal Claims Court, the Congress was to have
appropriated $15 million, in $5 million increments, for the use
of the Pueblo. In reliance on the judgment and Congress'
commitment to appropriate the funds, the Pueblo entered into
contracts and other legal commitments, however the Congress
failed to fully appropriate even the first increment. In the
past, the Congress has enacted similar provisions canceling
balances due and owing on loans made to other tribes for expert
witness fees and expenses for other tribes, given similar
circumstances.
Section 211. Trinity River Record of Decision. Section 211
affirms that the record of decision by the United States Fish
and Wildlife Service entitled ``Trinity River Mainstream
Fishery Restoration'' issued by the Secretary of the Interior
on December 19, 2000 complies with all provisions of law and
shall be implemented as soon as practicable. The record of
decision may only be modified with the concurrence of the Hoopa
Valley Tribe and the Yurok Tribe.
TITLE III--NATIVE AMERICAN PROGRAMS
Section 301. Trademarks for Indian Arts and Crafts. Section
301 clarifies the authority of the Indian Arts and Crafts Board
pursuant to the Indian Arts and Crafts Act (25 U.S.C. Sec. 305
et seq.) to develop and implement a trademark registration
program, the nature of the ownership of the trademarks
involved, and the types of Indian arts and crafts products to
be protected.
Section 302. Tribally-Controlled Postsecondary Vocational
and Technical Institutions. Section 311 of the Carl D. Perkins
Vocational and Technical Education Act of 1998, 20 U.S.C.
Sec. 2301 et seq., prohibits the offset of funds appropriated
under the Perkins Act by reductions in other vocational
education monies. Regulations enacted pursuant to the Act
provide that any grantee whose program is subject to a
``supplemental not supplant'' provision must use a restricted
indirect cost rate. Tribal colleges receive funds pursuant to
section 311 and therefore are within the scope of the
regulations even thought the regulations are intended for
grantees who receive State vocational funds. Tribal colleges do
not receive State vocational funds nor do they have a tax base
from which to raise such funds. Section 302 exempts tribal
colleges from Section 311.
Section 303. Self-Determination Act Provisions. Subsection
(a) of Section 303 mandates that the Equal Access to Justice
Act, 5 U.S.C.Sec. 504 note, shall apply to an administrative
appeal filed by a tribe or tribal organization that is pending
on or filed after October 5, 1988 and that regards disputes
involving contracts, grant agreements, compacts, or any other
agreements authorized by the Indian Self-Determination and
Education Assistance Act, 25 U.S.C. Sec. 450 et seq., or the
Tribally Controlled Schools Act of 1988, 25 U.S.C. Sec. 2501 et
seq. Further subsection (a) clarifies that fees or other
expenses claimed for services rendered on an administrative
appeal on or after March 29, 1996 and claims for fees or other
expenses asserted after March 29, 1996, but resulting from
services provided prior to March 29, 1996, shall be $125 per
hour, unless a higher fee is justified.
Subsection (b) of Section 303 authorizes a tribe
negotiating for or operating a self-governance compact, funding
agreement, or other agreement to incorporate Title V provisions
into Title IV self-governance agreements upon the tribe's
request.
Section 304, Indian Land Consolidation. Section 304 amends
the Indian Land Consolidation Act, 25 U.S.C. Sec. 2201 et seq.,
to clarify that any portion of the fee interest in a parcel of
land may be requested to be taken into trust and to authorize
probate judges to immediately approve agreements between heirs
or devisees, including agreements that are not part of the
decedent's estates.
Committee Recommendation and Tabulation of Vote
The Committee on Indian Affairs in an open business session
on July 18, 2002 ordered S. 2711 to be reported favorably to
the Senate with arecommendation that the bill do pass.
Cost and Budgetary Considerations
At the time of filing this report, the cost estimate of the
Congressional Budget Office on S. 2711 has not yet been
received. Compliance with Senate rule XXVI, paragraph 11(a) is
therefore impracticable at this time.
Executive Communications
The Committee has received no official communication from
the Administration on the provisions of S. 2711.
Regulatory and Paperwork Impact
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee finds that S. 2711 will
not require the promulgation of regulations so the regulatory
and paperwork impact should be minimal, if any.
Changes in Existing Law
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by a
bill are required to be set forth in the accompanying Committee
report. The Committee finds that enactment of S. 2711 will
result in the following changes in existing law. The matter to
be deleted is indicated in bold brackets. The matter to be
inserted is indicated in italic.
BOSQUE REDONDO MEMORIAL ACT
114 Stat. 2369
Section 206(a) of the Bosque Redondo Memorial Act is
amended as follows:
(a) In General.--There is authorized to be appropriated to
carry out this title $2,000,000 for fiscal year 2001.
Section 206(b) of the Bosque Redondo Memorial Act is
amended as follows:
(b) Carryover.--Any funds made available under this section
that are unexpended at the end of the fiscal year for which
those funds are appropriated, shall remain available for use by
the Secretary through September 30, [2002] 2006 for the
purposes for which those funds were available.
NAVAJO-HOPI LAND SETTLEMENT ACT OF 1974
25 U.S.C. Sec. 640d
Section 25(a)(8) of Public Law 93-531 is amended as
follows: (8) For the purposes of carrying out the provisions of
section 640d-14 of this title, there is authorized to be
appropriated not to exceed $30,000,000 [annually for fiscal
years 1995, 1996, 1997, 1998, 1999, and 2000] for each of
fiscal years 2002 through 2006.
INDIAN HEALTH CARE IMPROVEMENT ACT
25 U.S.C. Sec. 1601 et seq.
Title I of the Indian Health Care Improvement Act is
amended as follows: [Sec. 123. There are authorized to be
appropriated such sums as may be necessary for each fiscal year
through fiscal year 2000 to carry out this subchapter.] Sec.
123. Authorization of Appropriations._There are authorized to
be appropriated to carry out this title such sums as are
necessary for each of fiscal years 2002 through 2006.
Section 209(m) of the Indian Health Care Improvement Act is
amended as follows: [(6) There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal
year 1993 and such sums as may be necessary for each of the
fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.]
Section 209 of the Indian Health Care Improvement Act is
amended as follows: (n) Authorization of Appropriations._There
are authorized to be appropriated to carry out this section
such sums as are necessary for each of fiscal years 2002
through 2006.
Section 211 of the Indian Health Care Improvement Act is
amended as follows: [(g) Authorization of Appropriations.--
There are authorized to be appropriated for each of the fiscal
years 1996 through 2000 such sums as may be necessary to carry
out the purposes of this section.] (g) Authorization of
Appropriations._There are authorized to be appropriated to
carry out this section such sums as are necessary for each of
fiscal years 2002 through 2006.
Section 213 of the Indian Health Care Improvement Act is
amended as follows: [(b) There are authorized to be
appropriated to carry out this section $15,000,000 for fiscal
year 1993 and such sums as may be necessary for each of the
fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.] (b)
Authorization of Appropriations._There are authorized to be
appropriated to carry out this section such sums as are
necessary for each of fiscal years 2002 through 2006.
Section 214(b) of the Indian Health Care Improvement Act is
amended as follows: [(6) There are authorized to be
appropriated to carry out the purposes of this subsection not
more than $12,000,000 for fiscal year 1993 and such sums as may
be necessary for each of the fiscal years 1994, 1995, 1996,
1997, 1998, 1999, and 2000.] (6) Authorization of
Appropriations._There are authorized to be appropriated to
carry out this subsection such sums as are necessary for each
of fiscal years 2002 through 2006.
Section 215 of the Indian Health Care Improvement Act is
amended as follows: [(g) Authorization of appropriations. There
are authorized to be appropriated to carry out this section
$15,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the fiscal years 1994, 1995, 1996, 1997,
1998, 1999, and 2000.]
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as are
necessary for each of fiscal years 2002 through 2006.
Section 216 of the Indian Health Care Improvement Act is
amended as follows: [(e) Authorization of appropriations. There
are authorized to be appropriated to carry out this section
$5,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the fiscal years 1994, 1995, 1996, 1997,
1998, 1999, and 2000.]
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as are
necessary for each of fiscal years 2002 through 2006.
Title II of the Indian Health Care Improvement Act is
amended as follows: [Sec. 224. Except as provided in sections
209(m), 211, 213, 214(b)(5), 215, and 216 of this title, there
are authorized to be appropriated such sums as may be necessary
for each fiscal year through fiscal year 2000 to carry out this
subchapter.]
Sec. 224. Authorization of Appropriations.--There are
authorized to be appropriated to carry out this title (other
than sections 209(m), 211(g), 213(b), 214(b)(6), 215(g), and
216(e) such sums as are necessary for each of fiscal years 2002
through 2006.
Title III of the Indian Health Care Improvement Act is
amended as follows: [Sec. 309. There are authorized to be
appropriated such sums as may be necessary for each fiscal year
through fiscal year 2000 to carry out this subchapter.]
Sec. 309. Authorization of Appropriations.--There are
authorized to be appropriated to carry out this title such sums
as are necessary for each of fiscal years 2002 through 2006.
Title IV of the Indian Health Care Improvement Act is
amended as follows: [Sec. 407. There are authorized to be
appropriated such sums as may be necessary for each fiscal year
through fiscal year 2000 to carry out this subchapter.] Sec.
407. Authorization of Appropriations._There are authorized to
be appropriated to carry out this title such sums as are
necessary for each of fiscal years 2002 through 2006.
Title V of the Indian Health Care Improvement Act is
amended as follows: [Sec.514. There are authorized to be
appropriated such sums as may be necessary for each fiscal year
through fiscal year 2000 to carry out this subchapter.] Sec.
514. Authorization of Appropriations.--There are authorized to
be appropriated to carry out this title such sums as are
necessary for each of fiscal years 2002 through 2006.
Title VI of the Indian Health Care Improvement Act is
amended as follows: [Sec. 603. There are authorized to be
appropriated such sums as may be necessary for each fiscal year
through fiscal year 2000 to carry out this subchapter.] Sec.
603. Authorization of Appropriations.--There are authorized to
be appropriated to carry out this title such sums as are
necessary for each of fiscal years 2002 through 2006.
Section 703 of the Indian Health Care Improvement Act is
amended as follows: [(d)(1) There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal
year 1993 and such sums as are necessary for each of the fiscal
years 1994, 1995, 1996, 1997, 1998, 1999, and 2000. (2) Twenty
percent of the funds appropriated pursuant to this subsection
shall be used to make grants to urban Indian organizations
funded under subchapter IV of this chapter.] (d) Authorization
of Appropriations._(1) In general._Subject to paragraph (2),
there are authorized to be appropriated to carry out this
section such sums as are necessary for each of fiscal years
2002 through 2006.
(2) Grants.--Of the funds made available under paragraph
(1) for a fiscal year, 20 percent shall be used to provide
grants to urban Indian organizations funded under title V.
Section 706 of the Indian Health Care Improvement Act is
amended as follows: [(d) Authorization of Appropriations.--
There are authorized to be appropriated, for each of fiscal
years 1996 through 2000, such sums as may be necessary to carry
out subsection (b) of this section.] (d) Authorization of
Appropriations.--There are authorized to be appropriated to
carry out this section such sums as are necessary for each of
fiscal years 2002 through 2006.
Section 708 of the Indian Health Care Improvement Act is
amended as follows: [(f)(1) There are authorized to be
appropriated to carry out this section $22,000,000 for fiscal
year 1993 and such sums as may be necessary for each of the
fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000. (2)
Ten percent of the funds appropriated pursuant to this section
shall be used to make grants to urban Indian organizations
funded under subchapter IV of this chapter.] (f) Authorization
of Appropriations._(1) In general._Subject to paragraph (2),
there are authorized to be appropriated to carry out this
section such sums as are necessary for each of fiscal years
2002 through 2006. (2) Grants._Of the funds made available
under paragraph (1) for a fiscal year, 10 percent shall be used
to provide grants to urban Indian organizations funded under
title V.
Section 710 of the Indian Health Care Improvement Act is
amended as follows: [(b) For the purposes of carrying out
subsection (a) of this section, there are authorized to be
appropriated $2,000,000 for fiscal years 1993 and 1994. No
funding] (b) Authorization of Appropriations._(1) In general._
There are authorized to be appropriated to carry out this
section such sums as are necessary for each of fiscal years
2002 through 2006. (2) Staffing and operation._No funding shall
be available for staffing or operation of this facility. [None
of the funding] (3) Administrative purposes._None of the
funding appropriated to carry out subsection (a) of this
section shall be used for administrative purposes.
Section 711 of the Indian Health Care Improvement Act is
amended as follows: [(h) There are authorized to be
appropriated for each of fiscal years 1996 through 2000, such
sums as may be necessary to carry out the purposes of this
section. Such sums shall remain available until expended.] (h)
Authorization of Appropriations._There are authorized to be
appropriated to carry out this section such sums as are
necessary for each of fiscal years 2002 through 2006, to remain
available until expended.
Title VII of the Indian Health Care Improvement Act is
amended as follows: [Sec. 714. Except as provided in sections
703, 706, 708, 710, and 711 of this title, there are authorized
to be appropriated such sums as may be necessary for each
fiscal year through fiscal year 2000 to carry out the
provisions of this subchapter.] Sec. 714. Authorization of
Appropriations._There are authorized to be appropriated to
carry out this title (other than sections 703(d), 706(d),
708(f), 710(b), and 711(h) such sums as are necessary for each
of fiscal years 2002 through 2006.
Section 821 of the Indian Health Care Improvement Act is
amended as follows: [(i) There are authorized to be
appropriated for each of the fiscal years 1996 through 2000
such sums as may be necessary to carry out this section. Such
sums shall remain available until expended.] (i) Authorization
of Appropriations._There are authorized to be appropriated to
carry out this section such sums as are necessary for each of
fiscal years 2002 through 2006, to remain available until
expended.
Title VIII of the Indian Health Care Improvement Act is
amended as follows: [Sec. 825. Except as provided in section
821 of this title, there are authorized to be appropriated such
sums as may be necessary for each fiscal year through fiscal
year 2000 to carry out this subchapter.] Sec. 825.
Authorization of Appropriations._There are authorized to be
appropriated to carry out this title (other than section 821)
such sums as are necessary for each of fiscal years 2002
through 2006.
INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT ACT OF 1996
25 U.S.C. Sec. 2401 et seq.
Section 4206(d) of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 is amended as follows:
[(1) The Secretary] In general._The Secretary of the Interior
may make grants to Indian tribes adopting a resolution pursuant
to subsection (a) of this section to provide technical
assistance in the development of a Tribal Action Plan. The
Secretary shall allocate funds based on need. [(2) There are
authorized to be appropriated for grants underthis subsection
not more than $2,000,000 for fiscal year 1993 and such sums as are
necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998,
1999, and 2000.] (2) Authorization of appropriations._There are
authorized to be appropriated to carry out this subsection such sums as
are necessary for each of fiscal years 2002 through 2006.
Section 4206(f) of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 is amended as follows:
[(f)(1) The Secretary] (f) Grants for In-School Training
Programs._(1) In general._The Secretary of the Interior may
make grants to Indian tribes adopting a resolution pursuant to
subsection (a) of this section to implement and develop
community and in-school training, education, and prevention
programs on alcohol and substance abuse, fetal alcohol syndrome
and fetal alcohol effect. [(2) Funds] (2) Use of funds._Funds
provided under this section may be used for, but are limited
to, the development and implementation of tribal programs for--
(A) youth employment; (B) youth recreation; (C) youth cultural
activities; (D) community awareness programs; and (E) community
training and education programs. [(3) There are authorized to
be appropriated to carry out the provisions of this subsection
$5,000,000 for fiscal year 1993 and such sums as are necessary
for each of the fiscal years 1994, 1995, 1996, 1997, 1998,
1999, and 2000.] (3) Authorization of appropriations.--There
are authorized to be appropriated to carry out this subsection
such sums as are necessary for each of fiscal years 2002
through 2006.
Section 4210 of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 is amended as follows:
[(b) Authorization of appropriations--There are authorized to
carry out this section $500,000 for fiscal year 1993 and such
sums as may be necessary for each of the fiscal years 1994,
1995, 1996, 1997, 1998, 1999, and 2000.] (b) Authorization of
Appropriations._There are authorized to be appropriated to
carry out this section such sums as are necessary for each of
fiscal years 2002 through 2006.
Section 4212(a) of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 is amended as follows:
[The Assistant Secretary of Indian Affairs] (1) In general._The
Assistant Secretary of Indian Affairs shall develop and
implement pilot programs in selected schools funded by the
Bureau of Indian Affairs (subject to the approval of the local
school board or contract school board) to determine the
effectiveness of summer youth programs in furthering the
purposes and goals of this chapter. [The Assistant Secretary
shall] (2) Defrayment of costs._The Assistant Secretary shall
defray all costs associated with the actual operation and
support of the pilot programs in the school from funds
appropriated for this section. [For the pilot programs there
are authorized to be appropriated such sums as may be necessary
for each of the fiscal years 1994, 1995, 1996, 1997, 1998,
1999, and 2000.] (3) Authorization of appropriations._There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2002 through
2006.
Section 4213(e) of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 is amended as follows:
[(1) For the planning and design, construction, and renovation
of, or purchase or lease of land or facilities for, emergency
shelters and half-way houses to provide emergency care for
Indian youth, there are authorized to be appropriated
$10,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the fiscal years 1994, 1995, 1996, 1997,
1998, 1999, and 2000. (2) For the staffing and operation of
emergency shelters and half-way houses, there are authorized to
be appropriated $5,000,000 for fiscal 1993 and $7,000,000 for
each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999,
and 2000. (3) The Secretary of the Interior shall allocate
funds appropriated pursuant to this subsection on the basis of
priority of need of the various Indian tribes and such funds,
when allocated, shall be subject to contracting or available
for grants pursuant to the Indian Self-Determination Act [25
U.S.C.A. Sec. 450f et seq.].] (1) In general._There are
authorized to be appropriated to carry out planning and design,
construction, and renovation of, or to purchase or lease land
or facilities for, emergency shelters and halfway houses to
provided emergency care for Indian youth, such sums as are
necessary for each of fiscal years 2002 through 2006. (2)
Staffing and operation._There is authorized to be appropriated
for staffing and operation of emergency shelters and halfway
houses described in paragraph (1) $7,000,000 for each of fiscal
years 2002 through 2006. (3) Allocation._(A) In general._The
Secretary of the Interior shall allocate funds made available
under this subsection to Indian tribes on the basis of priority
of need of the Indian tribes. (B) Contracting and grants._Funds
allocated under subparagraph (A) shall be subject to
contracting or available for grants under the Indian Self-
Determination Act (25 U.S.C. Sec. 450f et seq.). [(4) Funds]
(4) Conditions for use.--Funds appropriated under the authority
of this subsection may be used by any Indian tribe or tribal
organization to purchase or lease any land or facilities if--
(A) the Secretary of the Interior determines that no Federal
land or facilities are reasonably available for emergency
shelters or halfway houses described insubsection (a) of this
section to serve the needs of that Indian tribe or tribal organization,
and (B) the Indian tribe or tribal organization enters into an
agreement with the Secretary of the Interior that requires the Indian
tribe or tribal organization to use the land or facilities for
emergency shelters or half-way houses described in subsection (a) of
this section. [(5) Nothing in this chapter may be construed--] (5)
Effect on other authority._Nothing in this Act (A) [to limit] limits
the authority for contracts with, or grants to, Indian tribes or tribal
organizations under the Indian Self-Determination Act for the
construction, improvement, renovation, operation, repair, land
acquisition, or maintenance of tribal juvenile detention facilities,
emergency shelters, or half-way [houses, or] houses; or (B) [to
require] requires a lease of tribal facilities to the United States to
qualify for financial assistance for the facilities under this or any
other Act.
Section 4216(a) of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 is amended as follows:
[(3) For the purpose of providing the assistance required by
this subsection, there are authorized to be appropriated--(A)
$500,000 under paragraph (1)(A) for fiscal year 1993 and such
sums as may be necessary for each of the fiscal years 1994,
1995, 1996, 1997, 1998, 1999, and 2000, (B) $500,000 under
paragraph (1)(B) for fiscal year 1993 and such sums as may be
necessary for each of the fiscal years 1994, 1995, 1997, 1997,
1998, 1999, and 2000, and (C) $500,000 under paragraph (1)(C)
for fiscal year 1993 and such sums as may be necessary for each
of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and
2000.] (3) Authorization of appropriations._There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2002 through
2006.
Section 4216(b) of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 is amended as follows:
[(2) For the purpose of establishing the program required by
paragraph (1), there are authorized to be appropriated
$2,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the fiscal years 1994, 1995, 1996, 1997,
1998, 1999, and 2000.] (2) Authorization of appropriations._
There are authorized to be appropriated to carry out this
subsection such sums as are necessary for each of fiscal years
2002 through 2006.
Section 4218 of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 is amended as follows:
[(b) Authorization.--For the purposes of providing the training
required by subsection (a) of this section, there are
authorized to be appropriated $2,000,000 for fiscal year 1993
and such sums as may be necessary for each of the fiscal years
1994, 1995, 1996, 1997, 1998, 1999 and 2000.] (b) Authorization
of Appropriations._There are authorized to be appropriated to
carry out this section such sums as are necessary for each of
fiscal years 2002 though 2006.
Section 4220 of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 is amended as follows:
[(b) Authorization.--(1) For the purpose of constructing or
renovating juvenile detention centers as provided in subsection
(a) of this section, there are authorized to be appropriated
$10,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the fiscal years 1994, 1995, 1996, 1997,
1998, 1999, and 2000. (2) For the purpose of staffing and
operating juvenile detention centers, there are authorized to
be appropriated $7,000,000 for fiscal year 1993 and such sums
as may be necessary for each of the fiscal years 1994, 1995,
1996, 1997, 1998, 1999, and 2000.] (b) Authorization of
Appropriations._There are authorized to be appropriated to
carry out this section sums as are necessary for each of fiscal
years 2002 through 2006.
INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT
25 U.S.C. Sec. 3201 et seq.
Section 409 of the Indian Child Protection and Family
Violence Prevention Act is amended as follows: [(e)
Authorization of Appropriations.--There is hereby authorized to
be appropriated to carry out the provisions of this section
$10,000,000 for each of the fiscal years 1992, 1993, 1994,
1995, 1996, and 1997.] (e) Authorization of Appropriations._
There is authorized to be appropriated to carry out this
section $10,000,000 for each of fiscal years 2002 through 2006.
Section 410 of the Indian Child Protection and Family
Violence Prevention Act is amended as follows: [(h)
Authorization of Appropriations.--There are authorized to be
appropriated to carry out the provisions of this section
$3,000,000 for each of the fiscal years 1992, 1993, 1994, 1995,
1996, and 1997.] (h) Authorization of Appropriations._There is
authorized to be appropriated to carry out this section
$3,000,000 for each of fiscal years 2002 through 2006.
Section 411 of the Indian Child Protection and Family
Violence Prevention Act is amended as follows: [(i)
Authorization of appropriations.--There are authorized to be
appropriated to carry out the provisions of this section
$30,000,000 for each of the fiscal years 1992, 1993, 1994,
1995, 1996, and 1997.] (i) Authorization of Appropriations._
There is authorized to be appropriated to carry out this
section $30,000,000 for each of fiscal years 2002 through 2006.
NATIVE AMERICAN PROGRAMS ACT OF 1974
42 U.S.C. Sec. 2991 et seq.
Section 816 of the Native American Programs Act of 1974 is
amended as follows: [(a) There are authorized to be
appropriated for the purpose of carrying out the provisions of
this subchapter (other than sections 803(d), 803A, 803C of this
title, subsection (e) of this section, and any other provision
of this subchapter for which there is an express authorization
of appropriations), such sums as may be necessary for each of
fiscal years 1999, 2000, 2001, and 2002. (b) Not less than 90
per centum of the funds made available to carry out the
provisions of this subchapter (other than sections 803(d),
803A, 803C, 804 of this title, subsection (e) of this section,
and any other provision of this subchapter for which there is
an express authorization of appropriations) for a fiscal year
shall be expended to carry out section 803(a) of this title for
such fiscal year. (c) There is authorized to be appropriated
$8,000,000 for each of fiscal years 1999, 2000, 2001, and 2002,
for the purpose of carrying out the provisions of section
803(d) of this title.] (a) In General._There are authorized to
be appropriated--(1) to carry out section 803(d), $8,000,000
for each of fiscal years 2002 through 2006; and (2) to carry
out provisions of this title other than section 803(d) and any
other provision having an express authorization of
appropriations, such sums as are necessary for each of fiscal
years 2002 through 2006. (b) Limitation._Not less than 90
percent of the funds made available to carry out this title for
a fiscal year (other than funds made available to carry out
section 803(d), 803A, 803C, 804, and any other provision of
this title having an express authorization of appropriations)
shall be expended to carry out section 803(a). [(d)](c)(1) For
fiscal year 1994, there are authorized to be appropriated such
sums as may be necessary for the purpose of--(A) establishing
demonstration projects to conduct research related to Native
American studies and Indian policy development; and (B)
continuing the development of a detailed plan, based in part on
the results of the projects, for the establishment of a
National Center for Native American Studies and Indian Policy
Development. (2) such a plan shall be delivered to the Congress
not later than 30 days after September 30, 1992. [(e) There are
authorized to be appropriated to carry out section 803C of this
title such sums as may be necessary for each of fiscal years
1999, 2000, 2001, and 2002.]
Section 803A(f) of the Native American Programs Act of 1974
is amended as follows: [(f) Authorization of Appropriations;
Investment in Obligations of United States.--There is
authorized to be appropriated for each of the fiscal years 2000
and 2001, $1,000,000 for the purpose of carrying out the
provisions of this section. Any amount appropriated under this
paragraph shall remain available for expenditure without fiscal
year limitation.] (f) Authorization of Appropriations._(1) In
general._There is authorized to be appropriated to carry out
this section $1,000,000 for each of fiscal years 2002 through
2006, to remain available until expended. [(2) The revolving
loan fund] (2) Revolving loan fund._The revolving loan fund'
that is required to be established under subsection (a)(1) of
this section shall be maintained as a separate account. Any
portion of the revolving loan fund that is not required for
expenditure shall be invested in obligations of the United
States or in obligations guaranteed or insured by the United
States.
NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT
42 U.S.C. Sec. 11701 et seq.
Section 6 of the Native Hawaiian Health Care Improvement
Act is amended as follows: [(h) Authorization of
Appropriations.--(1) There are authorized to be appropriated
such sums as may be necessary for fiscal years 1993 through
2001 to carry out subsection (a)(1) of this section. (2) There
are authorized to be appropriated such sums as may be necessary
to carry out subsection (a)(2) of this section.] (h)
Authorization of Appropriations._There are authorized to be
appropriated such sums as are necessary to carry out this
section for each of fiscal years 2002 through 2006.
Section 10 of the Native Hawaiian Health Care Improvement
Act is amended as follows: [(c) Authorization of
Appropriations.--There are authorized to be appropriated such
sums as may be necessary for fiscal year 1993 through 2001 for
the purpose of funding the scholarship assistance provided
under subsection (a) of this section.] (c) Authorization of
Appropriations._There are authorized to be appropriated such
sums as are necessary to carry out his section for each of
fiscal years 2002 through 2006.
FOUR CORNERS INTERPRETIVE CENTER ACT
113 Stat. 1703
Section 7 of the Four Corners Interpretive Center Act is
amended as follows: (a) Authorizations.--There are authorized
to be appropriated to the Department of the Interior to carry
out this Act--(1) $2,000,000 for fiscal year 2000; and (2)
$50,000 for each of fiscal years 2001 through [2005] 2007 for
maintenance and operation of the Center, program development,
or staffing in a manner consistent with the requirements of
section 5(b). (b) Carryover.--Funds made available under
subsection (a)(1) that are unexpended at the end of the fiscal
year for which those funds are appropriated, may be used by the
Secretary through fiscal year [2002] 2004 for the purposes for
which those funds are made available. (c) Reservation of
Funds.--The Secretary may reserve funds appropriated pursuant
to this Act until a grant proposal meeting the requirements of
this Act is submitted, but no later than September 30, [2001]
2003.
ACT OF AUGUST 9, 1955
25 U.S.C. Sec. 415
Subsection (a) of the first section of the Act of August 9,
1955 is amended in the second sentence as follows: All leases
so granted shall be for a term of not to exceed twenty-five
years, except leases of land located outside the boundaries of
Indian reservations in the State of New Mexico, leases of land
on the Agua Caliente (Palm Springs) Reservation, the Dania
Reservation, the Pueblo of Santa Ana (with the exception of the
lands known as the ``Santa Ana Pueblo Spanish Grant''), the
reservation of the Confederated Tribes of the Warm Springs
Reservation of Oregon, the Moapa Indian Reservation, the
Swinomish Indian Reservation, the Southern Ute Reservation, the
Fort Mojave Reservation, the reservation of the Confederated
Tribes of the Umatilla Indian Reservation, the Burns Paiute
Reservation, the Coeur d'Alene Indian Reservation, the Kalispel
Indian Reservation, the pueblo of Cochiti, the pueblo of
Pojoaque, the pueblo of Tesuque, the pueblo of Zuni, the
Hualapai Reservation, the Spokane Reservation, the San Carlos
Apache Reservation, the Yavapai-Prescott Community Reservation,
the Pyramid Lake Reservation, the Gila River Reservation, the
Soboba Indian Reservation, the Viejas Indian Reservation, the
Tulalip Indian Reservation, the Navajo Reservation, the Cabazon
Indian Reservation, the Mille Lacs Indian Reservation with
respect to a lease between an entity established by the Mille
Lacs Band of Chippewa Indians and the Minnesota Historical
Society, leases of the lands comprising the Moses Allotment
Numbered 10, Chelan County, [Washington,,] Washington, and
lands held in trust for the Las Vegas Paiute Tribe of Indians,
and lands held in trust for the Twenty-nine Palms Band of
Luiseno Mission Indians, and lands held in trust for the Reno
Sparks Indian Colony, lands held in trust for the Torres
Martinez Desert Cahuilla Indians, lands held in trust for the
Guidiville Band of Pomo Indians of the Guidiville Indian
Rancheria, lands held in trust for the Confederated Tribes of
the Umatilla Indian Reservation, lands held in trust for the
Confederated Tribes of the Warm Springs Reservation of Oregon,
lands held in trust for the Cherokee Nation of Oklahoma, land
held in trust for the Pueblo of Santa Clara, lands held in
trust for the Confederated Tribes of the Colville Reservation,
lands held in trust for the Cahuilla Band of Indians of
California, lands held in trust for the Confederated Tribes of
the Grande Ronde Community of Oregon, and the land held in
trust for the Confederated Salish and Kootenai Tribes of the
Flathead Reservation, Montana, and leases to the Devils Lake
Sioux Tribe, or any organization of such tribe, of land on the
Devils Lake Sioux Reservation, which may be for a term of not
to exceed ninety-nine years, and except leases of land for
grazing purposes which may be for a term of not to exceed ten
years.
COW CREEK LAND SELECTION
25 U.S.C. Sec. 712 et seq.
Section 7 of the Cow Creek Band of Umpqua Tribe of Indians
Recognition Act is amended in the third sentence as follows:
Real property taken into trust pursuant to this section shall
become part of the Tribe's reservation, and shall be treated as
on-reservation land for the purpose of processing acquisitions
of real property into trust. Real property taken into trust
pursuant to this section shall not be considered to have been
taken into trust for gaming (as that term is used in the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).
NAVAJO-HOPI RELOCATION IMPACT STUDY
25 U.S.C. Sec. 640d et seq.
Section 32 of Public Law 93-531 is amended as follows:
[Sec. 32] Sec. 33. Nothing in this Act prohibits the
Commissioner from providing relocation assistance to families
certified as eligible, regardless of their current place of
residence, with funds appropriated to implement Public Law 93-
531.
Public Law 93-531 is amended as follows: Sec. 34. Navajo-
Hopi Relocation Impact Study. (a) In General._Not later than 90
days after the date of enactment of this section, the Secretary
shall enter into a contract with an independent contractor
under which the independent contractor shall complete, not
later than 1 year after the date of enactment of this section,
a study to determine whether--(1) the purposes of this Act have
been achieved; and (2) recommended activities should be carried
out to mitigate the consequences of the implementation of this
Act. (b) Scope._The study conducted under subsection (a) shall
include an analysis of--(1) the long-term effects of the
relocation programs under this Act; (2) the ongoing needs of
the populations relocated under this Act; (3) the ongoing needs
of the other communities affected by relocations under this
Act, including communities affected by section 10(f); (4) the
effects of termination of the relocation programs under this
Act, including the effects of--(A) closure of the Office of
Navajo and Hopi Indian Relocation; and (B) transfer of
responsibilities of that Office to other Federal agencies and
the Navajo Nation in accordance with applicable provisions of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.); and (5) other appropriate factors, as
determined by the Secretary. (c) Report._Not later than 1 year
after the date of enactment of this section, the Secretary
shall submit to Congress, the Hopi Tribe, and the Navajo Nation
a report that describes the results of the study conducted
under subsection (a). (d) Funding._Of amounts made available to
the Office of Navajo and Hopi Indian Relocation, not more than
$1,000,000 shall be made available to the Secretary to carry
out this section.
MISSISSIPPI BAND OF CHOCTAW INDIANS
Public Law 106-228
Section 1(a)(2) of Public Law 106-228 is amended as
follows: (2) all land held in fee by the Mississippi Band of
Choctaw Indians located within the boundaries of the State of
Mississippi, as shown in the [report entitled ``Report of Fee
Lands owned by the Mississippi Ban of Choctaw Indians'', dated
September 28, 1999, on file in the Office of the
Superintendent, Choctaw Agency, Bureau of Indian Affairs,
Department of the Interior, is hereby declared] report entitled
``Report of May 17, 2002, Clarifying and Correcting Legal
Descriptions or Recording Information for Certain Lands placed
into Trust and Reservation Status for the Mississippi Band of
Choctaw Indians by Section 1(a)(2) of Pub. L. 106-228, as
amended by Title VIII, Section 811 of Pub. L. 106-568'', on
file in the Office of the Superintendent, Choctaw Agency,
Bureau of Indian Affairs, Department of the Interior, is
declared to be held by the United States in trust for the
benefit of the Mississippi Band of Choctaw Indians; and
MODIFICATION OF PUEBLO DE COCHITI SETTLEMENT
Public Law 102-358
Section 1 of Public Law 102-358 is amended as follows: The
Secretary of the Interior and the Secretary of the Army are
authorized and directed to [implement the settlement]
implement--(1) the settlement; agreement negotiated under the
authority of Public Law 100-202 by the Pueblo de Cochiti of New
Mexico, a federally recognized Indian Tribe, and the United
States Army Corps of Engineers, as set forth in the report of
the Corps of Engineers entitled ``Report on Investigations, Wet
Field Solution'', dated July 24, 1990, addressing seepage
problems at the Chociti Dam on tribal lands[.]; and (2) the
modifications regarding the use of the settlement funds as
described in the agreement known as the ``First Amendment to
Operation and Maintenance Agreement for Implementation of
Cochiti Wetlands Solution'', executed--(A) on October 22, 2001,
by the Army Corps of Engineers; (B) on October 25, 2001, by the
Pueblo de Cochiti of New Mexico; and (C) on November 8, 2001,
by the Secretary of the Interior.
CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION SETTLEMENT
MODIFICATION
Public Law 106-163
Section 101(b)(3) of the Chippewa Cree Tribe of The Rocky
Boy's Reservation Indian Reserved Water Rights Settlement and
Water Supply Enhancement Act of 1999 (Public Law 106-163; 113
Stat. 1782) is amended as follows: (3) Effect of failure of
approval to become final.--In the event the approval by the
appropriate court, including any direct appeal, does not become
final within [3 years] 5 years after the filing of the decree,
or the decree is approved but is subsequently set aside by the
appropriate court--(A) the approval, ratification, and
confirmation of the Compact by the United States shall be null
and void; and (B) except as provided in subsections (a) and
(c)(3) of section 5 and section 105(e)(1), this Act shall be of
no further force and effect.
DISPOSAL OF OIL SHALE RESERVE NUMBERED 2
Public Law 105-261
Section 3405(c) of the Public Law 105-261 is amended as
follows: [(3) The land conveyed to the Tribe under subsection
(b) shall not revert to the United States for management in
trust status.] (3) With respect to the land conveyed to the
Tribe under subsection (b)--(A) the land shall not be subject
to any Federal restriction on alienation; and (B) no grant,
lease, exploration or development agreement, or other
conveyance of the land (or any interest in the land) that is
authorized by the governing body of the Tribe shall be subject
to approval by the Secretary of the Interior or any other
Federal official.
INDIAN ARTS AND CRAFTS ACT
25 U.S.C. Sec. 305 et seq.
Section 2(g) of the Act of August 27, 1935 is amended as
follows: (g)(1) to create for the Board, or for an individual
Indian or Indian tribe or Indian arts and crafts organization,
trademarks of genuineness and quality for Indian products and
trademarks for the products of an individual Indian or
particular Indian tribe or Indian arts and crafts organization;
(2) to establish standards and regulations for the use of
Government-owned trademarks by corporations, associations, or
individuals, and to charge for such use under such licenses;
(3) to register any such trademark owned by the Government in
the United States Patent and Trademark Office without charge
[and assign it and the goodwill associated with it to an
individual Indian or Indian tribe without charge; and]; (4) [to
pursue or defend in the courts any appeal or proceeding with
respect to any final determination of that office] to file with
the United States Patent and Trademark Office, and prosecute,
an application for any trademark or other mark described in
paragraph (1) that is owned by an individual Indian, Indian
tribe, or Indian arts and crafts organization, for registration
without charge in the United States Patent and Trademark
Office; (5)(A) to assign any trademark described in paragraph
(2) that is owned by the federal Government, and the goodwill
associated with the trademark, to an individual Indian, Indian
tribe, or Indian arts and crafts organization; and (B) to
record any such assignment in the United States Patent and
Trademark Office, without charge; and (6) to pursue or defend
in the appropriate courts of the United States any appeal or
proceeding with respect to any final determination of the
United States Patent and Trademark Office;
CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION ACT OF 1998
20 U.S.C. Sec. 2301 et seq.
Section 311(a) of the Carl D. Perkins Vocational and
Technical Education Act of 1998 is amended as follows: [Funds
made available] (1) In General._Except as provided in paragraph
(2), funds made available under this chapter for vocational and
technical education activities shall supplement, and shall not
supplant, non-Federal funds expended to carry out vocational
and technical education activities and tech-prep activities.
(2) Exemption for tribally controlled post secondary vocational
and technical institutions._Paragraph (1) shall not apply to
funds made available under section 117.
INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT
25 U.S.C. Sec. 450 et seq.
Section 1210 of the Indian Self-Determination and Education
Assistance Act is amended as follows: [(c) Application of Laws
to Administrative Appeals.--The Equal Access to Justice Act
(Public Law 96-481, Act of October 1, 1980; 92 Stat. 2325, as
amended, section 504 of Title 5, and section 2412 of Title 28,
shall apply to administrative appeals pending on or filed after
October 5, 1988, by tribal organizations regarding self-
determination contracts.] (c) Application of Laws to
Administrative Appeals._(1) In general._The Equal Access to
Justice Act (5 U.S.C. 504 note; Public Law 96-481), section 504
of title 5, United States Code, and section 2412 of title 28,
United States Code, shall apply to an administrative appeal by
a tribal organization that--(A) is pending on or filed after
October 5, 1998; and (B) relates to a contract, a grant
agreement, or any other agreement or compact authorized under--
(i) this Act; or (ii) the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.). (2) Fee._(A) In general._In the
case of any claim for a fee described in subparagraph (B), the
fee shall be $125 per hour, unless an appropriate Federal
agency determines by regulation that an increase in the cost of
living or a special factor, such as the limited availability of
qualified attorneys or agents for the proceedings involved,
justifies a higher fee. (B) Description of Claim._A claim
described in this subparagraph is--(i) a claim by a person for
a fee for services relating to an appeal described in paragraph
(1) that are performed on or after March 29, 1996; or (ii) a
claim by a person for a fee for services that--(I) is asserted
on or after March 29, 1996; but (II) is for a fee for services
relating to an appeal described in paragraph (1) performed
before that date.
Section 403 of the Indian Self-Determination and Education
Assistance Act is amended as follows: [(l) Incorporate self-
determination provisions At the option of a participating tribe
or tribes, any or all provisions of Part A of this subchapter
shall be made part of an agreement entered into under title III
of this Act or this part. The Secretary is obligated to include
such provisions at the option of the participating tribe or
tribes. If such provision is incorporated it shall have the
same force and effect as if set out in full in title III or
this part.] (l) Incorporation of Self-Determination
Provisions._(l) In general._At the option of any participating
Indian tribe, any or all of the provisions of title I or V
shall be incorporated in a compact or funding agreement entered
into under this title. (2) Force and effect._A provision
incorporated under paragraph (l) shall--(A) have the same force
and effect as if included in this title; and (B) be deemed to--
(i) supplement or supplant any related provision in this title
as appropriate; and (ii) apply to any agency subject to this
title. (3) Timing._In any case in which an Indian tribe
requests incorporation of a provision under paragraph (l)
during the negotiation stage of a compact or funding agreement
described in that paragraph, the incorporation shall--(A) be
considered to be effective immediately; and (B) control the
negotiation and any resulting compact or funding agreement.
INDIAN LAND CONSOLIDATION ACT
25 U.S.C. 2216
Section 206(c)(2)(B) of the Indian Land Consolidation Act
(25 U.S.C. 2205(c)(2)(B)) is amended as follows: A non-Indian
devisee described in subparagraph (A) or a non-Indian devisee
described in section [207(a)(6)(B)] 207(a)(6) of this title,
may retain a life estate in the interest involved, including a
life estate to the revenue produced from the interest. The
amount of any payment required under paragraph (1) shall be
reduced to reflect the value of any life estate reserved by a
non-Indian devisee under this subparagraph.
Section 207(g) of the Indian Land Consolidation Act (25
U.S.C. 2206(g)) is amended as follows: [(5) Effective date. The
provisions of this section shall not apply to the estate of an
individual who dies prior to the day that is 365 days after the
Secretary takes the certification required under paragraph
(4).] (5) Effective date._(A) In general._Except as provided in
subparagraph (B), this section shall not apply to the estate of
an individual who dies before the date that is 1 year after the
date on which the Secretary makes the certification required
under paragraph (4). (B) Approval._Subsection (e) takes effect
on November 7, 2000.
Section 217(c) of the Indian Land Consolidation Act (25
U.S.C. 2216(c)) is amended as follows: [(c) Acquisition of
Interest by Secretary.--An Indian, or the recognized tribal
government of a reservation, in possession of an interest in
trust or restricted lands, at least a portion of which is in
trust or restricted status on November 7, 2000 and located
within a reservation, may request that the interest be taken
into trust by the Secretary.] (c) Acquisition of Interest by
Secretary._(l) Request.--(A) In general._An Indian, or the
recognized tribal government of a reservation, that is in
possession of any portion of the fee interest in a parcel of
land described in subparagraph (B) may request that the
interest be taken into trust by the Secretary. (B) Land._A
parcel of land described in this subparagraph is any parcel of
land--(i) that is located within a reservation; and (ii) at
least a portion of the ownership interest in which is held by
the Secretary, in trust or restricted status, on November 7,
2000. [Upon] (2) Interest._Upon such a request, the Secretary
shall forthwith take such interest into trust.