Senate Report 106-501 - TO MAKE CERTAIN TECHNICAL CORRECTIONS IN LAWS RELATING TO NATIVE AMERICANS, AND FOR OTHER PURPOSES

[Senate Report 106-501]
[From the U.S. Government Publishing Office]

Calendar No. 949
106th Congress Report
SENATE
2d Session 106-501

======================================================================

TO MAKE CERTAIN TECHNICAL CORRECTIONS IN LAWS RELATING TO NATIVE
AMERICANS, AND FOR OTHER PURPOSES

_______

October 12 (legislative day, September 22), 2000.--Ordered to be
printed

_______

Mr. Campbell, from the Committee on Indian Affairs, submitted the
following

R E P O R T

[To accompany S. 3031]

[Including cost estimate of the Congressional Budget Office]

The Committee on Indian Affairs, to which was referred the
bill (S. 3031) to make certain technical corrections in laws
relating to Native Americans, and for other purposes, having
considered the same, reports favorably thereon with an
amendment in the nature of a substitute and recommends that the
bill, as amended, do pass.

Purpose of the Bill

The purpose of S. 3031, the Native American Laws Technical
Corrections Act of 2000, is to make technical corrections to
certain Federal Indian statutes.

Background and Need for Legislation

The bill provides an opportunity to address a number of
minor, noncontroversial issues in one package, as opposed to
introducing and attempting to legislate a number of smaller
bills. S. 3031 contains seven separate provisions dealing with
a variety of topics including a one-year reauthorization of the
Indian Health Care Improvement Act and the Indian Alcohol and
Substance Abuse Prevention and Treatment Act, as well as a
clarification of a bill signed into law earlier this year
designating certain acreage acquired by the Mississippi Band of
Choctaw as trust lands. A more detailed explanation of each
amendment is included in the bill's section-by-section
analysis. S. 3031 would make certain technical corrections in
laws relating to Native Americans.

Section-by-Section Analysis

Section 101. Technical correction to an act affecting the
status of Mississippi Choctaw Lands and adding such lands to
the Choctaw reservation. Section 1 corrects a technical error
made in Section 1(a)(2) of Public Law 106-228, which takes
certain lands into trust for the Mississippi Band of Choctaw
Indians. The lands declared ``trust lands'' are incorrectly
referenced as contained in a report dated September 28, 1999.
This section strikes the date, ``September 28, 1999'' and
inserts the correct date of ``February 7, 2000.''
Section 102. Technical corrections concerning the Five
Civilized Tribes of Oklahoma. This section makes several
corrections with respect to the approval of contracts relative
to the property of the Choctaw, Chickasaw, Cherokee, Creek, and
Seminole Indian tribes. Indian tribes participating in self-
governance pursuant to the Indian Self Determination and
Education Assistance Act, as amended, 25 U.S.C. 450 et seq.,
are exempt from the provisions of 25 U.S.C. Section 81. Four of
the Five Civilized Tribes are self-governance tribes. However,
these tribes are still subject to the requirements of 25 U.S.C.
section 82(a) which imposes nearly identical requirements. In
addition, subsection (c) eliminates several antiquated and
unused provisions of Federal law that cross-reference sections
81 and 82(a).
Section 103. Waiver of repayment of expert assistance loans
to the Red Lake Band of Chippewa Indians and the Minnesota
Chippewa Tribes. Pursuant to Public Law 88-168 (77 Stat. 301),
this section provides for the cancellation of balances due and
owing on loans made to the Red Lake Band of Chippewa Indians
and the Minnesota Chippewa Tribe to assist them in determining
their total losses due to the mismanagement of their timber
resources by the BIA in claims brought in the Indian Claims
Commission (ICC).
Section 104. Technical amendment to the Indian Child
Protection and Family Violence Protection Act. This section
amends section 408(b) of the Indian Child Protection and Family
Violence Prevention Act, 25 U.S.C. 3207(b), by amending the
provision relating to minimum standards of character to be
considered for current or prospective Bureau of Indian Affairs
(BIA) employees in positions that involve regular contact with
Indian children. As amended, the Act requires that an applicant
or employee be found guilty of a felony or of two misdemeanors
before the person can be denied employment or dismissed from
current employment.
Section 105. Technical amendment to extend the
authorization period under the Indian Health Care Improvement
Act. Because the Act's authorization expires September 20,
2000, This section extends the authorization of the Indian
Health Care Improvement Act, 25 U.S.C. 1601, et seq., through
September 30, 2001.
Section 106. Technical amendment to extend the
authorization period under the Indian Alcohol and Substance
Abuse Prevention and Treatment Act of 1986. Because the Act's
authorization expires September 30, 2000, this section extends
the authorization of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 (25 U.S.C. 2401 et seq.)
through fiscal year 2001.
Section 107. Native Nations Institute. This section amends
the Morris K. Udall and Excellence in National Environmental
and Native American Public Policy Act of 1992 to expand
opportunities to assist Indian tribal governments in developing
leadership and management curricula and training. The program--
called the ``Native Nations Institute for Leadership,
Management and Policy''--will be facilitated by a partnership
between the University of Arizona, the Udall Foundation and the
Harvard Project on American Indian Economic Development.
Section 108. Technical Amendment Regarding the Treatment of
Certain Income for Purposes of Federal Assistance. This section
amends 25 U.S.C. 1407 by including in such section payments
made to the Bois Forte Band of Chippewa Indians pursuant to the
agreements of such Band to voluntarily restrict its rights to
hunt and fish in territory ceded under the Treaty of September
30, 1854 (10 Stat. 1109).
Title II/Section 201-204. Santa Fe Indian School. This
section provides that the tract of land known as the ``Santa Fe
Indian School'', consisting of 105.265 acres which are owned by
the United States and administered by the Bureau of Indian
Affairs will be held in trust for the 19 Pueblos of New Mexico
for purposes of culture, education and health only. If the
lands are used for any non-complying purposes, the lands shall
revert to the United States.

Legislative History

S. 3031 was introduced on September 12, 2000, by Chairman
Campbell and was referred to the Committee on Indian Affairs.
On September 27, 2000, the Committee on Indian Affairs ordered
a substitute amendment to S. 3031 favorably reported to the
Senate.

Committee Recommendation and Tabulation of Vote

On September 27, 2000, the Committee on Indian Affairs, in
an open business session adopted an amendment in the nature of
a substitute to S. 3031 and ordered the bill, as amended,
reported favorably to the full Senate.

Cost and Budgetary Considerations

The cost estimate for S. 3031, as provided by the
Congressional Budget Office, is set forth below:

U.S. Congress,
Congressional Budget Office,
Washington, DC, October 12, 2000.
Hon. Ben Nighthorse Campbell,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3031, the Native
American Laws Technical Corrections Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lisa Cash
Driskill.
Sincerely,
Steven Lieberman
(For Dan L. Crippen, Director).
Enclosure.

S. 3031--Native American Laws Technical Corrections Act of 2000

Summary: S. 3031 would make technical corrections in
several laws relating to Native Americans. The bill would
eliminate a current requirement on some tribes to repay certain
loans for expert assistance. It also would authorize the
appropriation of $12.3 million over the next five years for the
Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation. Finally, it would exclude
certain income for purposes of determining federal assistance
to individuals.
CBO estimates that eliminating the requirement to repay
certain loans for expert assistance loans as directed by S.
3031 would increase direct spending by about $4 million in
2001; therefore, pay-as-you-go procedures would apply. In
addition, the bill would increase federal assistance payments
by a small amount. CBO also estimates that implementing the
provisions in S. 3031 relating to education of Native Americans
would cost $11 million over the 2001-2005 period, assuming
appropriation of the authorized amount.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments. Enacting this legislation would benefit some
Indian tribes.
Estimated Cost to the Federal Government: The estimated
budgetary impact of S. 3031 is shown in the following table.
The costs of this legislation fall within budget functions 450
(community and regional development), and 500 (education,
training, employment, and social services).

Estimated Budget Authority......................................... 4 (\1\) (\1\) (\1\) (\1\)
Estimated Outlays.................................................. 4 (\1\) (\1\) (\1\) (\1\)

CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...................................... 2 2 2 3 3
Estimated Outlays.................................................. 1 2 2 3 3
----------------------------------------------------------------------------------------------------------------
\1\ = Less than $500,000.

Basis of estimate

Direct spending
Section 103 of S. 3031 would eliminate the requirement to
repay loans for expert assistance made by the federal
government to the Red Lake Bank of the Chippewa Indians and the
Minnesota Chippewa Tribes. Under current law, the tribes would
only be required to pay back such loans in the event they win a
judgment sufficient to cover the amount of the loans. S. 3031
would eliminate that requirement so that such loans would not
be paid back in the event of either a favorable or unfavorable
judgment. The current amount of principal and interest owed to
the federal government for these loans is about $7 million.
Based on information from the Bureau of Indian Affairs
(BIA), all court cases that have led to loans for expert
assistance should be completed by 2007. Under current law, CBO
assumes that there is a 50 percent chance that the loans will
be paid back by 2007. By eliminating the probability of this
repayment, the bill would increase the cost of these
outstanding loans by about $4 million. That cost would be
recorded in 2001 because any change in a federal loan program
is governed by the Federal Credit Reform Act, which requires
that the cost of such a change be calculated on a present value
basis and recorded in the year that the change is effective.
Section 108 of the bill would reduce the income on which
federal assistance programs are determined by $550 per person
for the Fort Bois Band of Chippewa Indians. The state of
Minnesota pays this amount to the Fort Bois Band to voluntarily
restrict their tribal rights to hunting and fishing. Reducing
the income on which federal assistance is paid would only
affect federal assistance to about 100 people. Thus, any
increase in federal assistance payments would total less than
$55,000 a year.
Spending Subject to Appropriation
Section 105 of S. 3031 would extend through 2001 the
authority to appropriate funding for the Indian Health Service
(IHS) under the Indian Health Care Improvement Act. Similarly,
section 106 would extend the authorization of appropriations
for many activities of BIA under the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986. Both of
these acts expired on September 30, 2000. But H.R. 4578, the
Department of the Interior and Related Agencies Appropriation
Act, 2001, which was enacted on October 11, 2000, contains
appropriations for IHS and BIA for fiscal year 2001. Since this
appropriation act will allow the IHS and BIA to continue the
activities that S. 3031 would reauthorize, the one-year
extensions in sections 105 and 106 would have no additional
budgetary effect.
Section 107 would authorize the appropriation of $12.3
million over a five-year period to the Morris K. Udall
Scholarship and Excellence in National Environmental Policy
Foundation to provide leadership and management training to
Indians and Indian tribes. Based on information from the
foundation, CBO estimates that the authorized level would
likely be spread across five years with $2 million to $3
million used each year.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. The net
changes in outlays that are subject to pay-as-you-go procedures
are shown in the following table.

----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------------------------
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
Changes in outlays........................ 0 0 0 0 0 0 0 0 0 0
Changes in receipts....................... Not applicable
----------------------------------------------------------------------------------------------------------------

Intergovernmental and private-sector impact: S. 3031
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. enacting this legislation would benefit
some Indian tribes.
Estimate prepared by: Federal Costs: Bureau of Indian
Affairs: Lisa Cash Driskill; Indian Health Service: Eric
Rollins; and Morris K. Udall Scholarship: Deborah Kalcevic.
Impact on State, Local, and Tribal Governments: Marjorie
Miller. Impact on the Private Sector: Lauren Marks.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.

Regulatory Impact Statement

Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires that each report accompanying a bill to
evaluate the regulatory paperwork impact that would be incurred
in implementing the legislation. The Committee has concluded
that enactment of S. 3031 will create only de minimis
regulatory or paperwork burdens.

Executive Communications

The Committee has received no official communication from
the Administration on the provisions of the bill.

Changes in Existing Law

In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes to existing law made by
the bill are required to be set out in the accompanying
Committee report. The Committee finds that enactment of the
amendment in the nature of a substitute to S. 3031 will result
in the following changes in existing law. The matter to be
deleted is indicated in black brackets [ ]. The matter to be
inserted is indicated in italic.

Mississippi Band of Choctaw Indians Lands

Public Law 106-228

Section 1(a)(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 Band of Choctaw
Indians,'' dated [September 28, 1999] February 7, 2000 on file
in the Office of the Superintendent, Choctaw Agency, Bureau of
Indian Affairs, Department of the Interior, is hereby declared
to be held by the United States in Trust for the benefit of the
Mississippi Band of Choctaw Indians; and

* * * * * * *

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The Indian Self Determination and Education Assistance Act

25 U.S.C. Sec. 4501(c)

* * * * * * *

(A) In general.--Except as provided in
subparagraph (B), for the term of the Contract,
section 2103 of the Revised Statues (25 U.S.C.
81) [and section 16], section 16 of the Act of
June 18, 1934 (48 Stat. 987, chapter 576; 25
U.S.C. 476), [shall not] and the Act of July 3,
1952 (25 U.S.C. 82a), shall not apply to any
contract entered into in connection with this
Contract. 25 U.S.C. 458cc(h)(2);

* * * * * * *

(2) For the period that an agreement entered into
under this part is in effect, the provisions of section
81 of this title, [and section] section 476 of this
title, [shall not] and the Act of July 3, 1952 (25
U.S.C. 82(a), shall not apply to attorney and other
professional contracts by Indian tribal governments
participating in Self-Governance under this part.
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Waiver of Repayment of Expert Assistance Loans to the Red Lake Band of
Chippewa Indians and Minnesota Chippewa Indians

Pursuant to the authority set forth in the Indian Expert
Assistance Loan Act of 1963, Pub. L. 88-168, 77 Stat. 301, the
amount of the two loans made to the Red Lake Band of Chippewa
Indians and the Minnesota Chippewa Tribe are declared
nonrepayable.
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The Indian Child Protection and Family Violence Protection Act

25 U.S.C. Sec. 3207(b)

* * * * * * *

(b) Criminal Records.--The minimum standards of character
that are to be prescribed under this section shall ensure that
none of the individuals appointed to positions described in
subsection (a) have been found guilty of, or entered a plea of
nolo contendere or guilty to [any offense] any felonious
offense, or any of 2 more misdemeanors offenses under Federal,
State, or tribal law involving crimes of violence; sexual
assault, molestation, exploitation, contact or prostitution;
[or crimes against persons] crimes against persons; or offenses
committed against children.

* * * * * * *

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The Indian Health Care Improvement Act

25 U.S.C. Sec. 1601, et seq.

* * * * * * *

Sec. 1616p. Authorization of Appropriations.--There are authorized to
be appropriated such sums as may be necessary for
each fiscal year through [2000] 2001 to carry out
this chapter.

* * * * * * *

Sec. 1621w. Authorization of Appropriations.--Except as provided in
sections 1621h(m), 1621j, 16211, 1621m(b)(5),
1621n, and 1621o of this title, there are
authorized to be appropriated such sums as may be
necessary for each fiscal year through fiscal year
[2000] 2001 to carry out this subchapter.

Sec. 1647. Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each
fiscal year through fiscal year [2000] 2001 to
carry out this subchapter.

* * * * * * *

Sec. 1660d. Authorization of Appropriations.--There are authorized to
be appropriated such sums as may be necessary for
each fiscal year through fiscal year [2000] 2001 to
carry out this subchapter.

* * * * * * *

Sec. 1663. Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each
fiscal year through fiscal year [2000] 2001 to
carry out this subchapter.

* * * * * * *

Sec. 1680o. Authorization of Appropriations.--Except as provided in
section 1680k of this title, there are authorized
to be appropriated such sums as may be necessary
for each fiscal year through fiscal year [2000]
2001 to carry out this subchapter.

* * * * * * *

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Indian Alcohol and substance abuse Prevention and Treatment Act of 1986

25 U.S.C. Sec. 2401, et seq.

* * * * * * *

Sec. 2412 (d)(2) Authorization of Appropriations.--There
are authorized to be appropriated for grants under this
subsection not more than $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, and 2001.

* * * * * * *

(f)(3) Authorization of Appropriations.--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 may be necessary for each of the fiscal years 1994, 1995,
1996, 1997, 1998, 1999, [and] 2000, and 2001.

* * * * * * *

Sec. 2416 6(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out the provisions of
this subsection $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, and 2001.

* * * * * * *

Sec. 2433 (e) Authorization.--
(1) For the planning and design, construction, and
renovation of, or purchase or lease of land or
facilities for, emergency shelters and halfway 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, and 2001.
(2) For the staffing and operation of emergency
shelters and half-way houses, there are authorized to
be appropriated $5,000,000 for fiscal year 1993 and
$7,000,000 for each of the fiscal years 1994, 1995,
1996, 1997, 1998, 1999, [and] 2000, and 2001.

* * * * * * *

Sec. 2442 (d)(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, and 2001.
(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, 1996, 1997, 1998, 1999, [and]
2000, and 2001.
(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, and 2001.
(b) Marijuana Eradication and Interdiction.--
(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, and
2001.

* * * * * * *

Sec. 2451 (b) Authorization.--For the purposes of providing
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, and 2001.

* * * * * * *

Sec. 2453 (b) Authorization.--
(1) For the purposes 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, and
2001.
(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, and
2001.

* * * * * * *

----------

Morris K. Udall Scholarship and Excellence in National Environmental
Policy

20 U.S.C. Sec. 5604(7)

Sec. 5604. Purpose of Foundation

It is the purpose of the Foundation to--
(1) * * *

* * * * * * *

(7) develop resources to properly train Native
American and Alaska Native professionals in health care
and public policy, by conducting management and
leadership training of Native Americans, Alaska
Natives, and others involved in tribal leadership,
providing assistance and resources for policy analysis,
and carrying out other appropriate activities.;

* * * * * * *

Sec. 5608. Administrative provisions

* * * * * * *

(b) The Institute.--The authorities set forth above shall,
with the exception of paragraph (4), apply to the Institute
established pursuant to section 6506a of this title and to the
activities of the Foundation under section (7).

Sec. 5609. Authorization of appropriations

(a) Trust Fund.--

* * * * * * *

(b) Environmental Dispute Resolution Fund.--

* * * * * * *

(c) Training of Professionals in Health Care and Public
Policy.--There is authorized to be appropriated to carry out
section 6(7) $12,3000,000 for the 5 year period beginning with
the first fiscal year that begins after the date of enactment
of this subsection.

* * * * * * *

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Distribution of Judgment Funds

25 U.S.C. 1407

Sec. 1407. Tax exemption; resources exemption limitation

None of the funds which--
(1) * * *
(2) On January 12, 1983, are to be distributed per
capita or are held in trust pursuant to a plan approved
by the Congress prior to January 12, 1983 [or]
(3) were distributed pursuant to a plan approved by
Congress after December 31, 1981 but prior to January
12, 1983, and any purchases made with such funds, or
(4) are paid by the State of Minnesota to the Bois
Forte Band of Chippewa Indians pursuant to the
agreements of such Band to voluntarily restrict tribal
rights to hunt and fish in territory ceded under the
Treaty of September 30, 1854 (10 Stat. 1109), including
all interest accrued on such funds during any period in
which such funds are held in a minor's trust, including
all interest and investment income accrued thereon
while such funds are so held in trust.

* * * * * * *