89–010

Calendar No. 949

106TH CONGRESS REPORT

2d Session " ! SENATE 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

REPORT

[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

2

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.

3

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 noncomplying 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).

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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, payas-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).

By fiscal year, in millions of dollars—

2001 2002 2003 2004 2005

CHANGES IN DIRECT SPENDING

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

5

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

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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

ø ¿. 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 øSeptember 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

* * * * * * *

The Indian Self Determination and Education Assistance

Act

25 U.S.C. § 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) øand section 16¿, section 16

of the Act of June 18, 1934 (48 Stat. 987, chapter 576; 25

U.S.C. 476), øshall not¿ and the Act of July 3, 1952 (25

7

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, øand

section¿ section 476 of this title, øshall 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.

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.

The Indian Child Protection and Family Violence Protection

Act

25 U.S.C. § 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 øany 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; øor crimes against persons¿ crimes against persons;

or offenses committed against children.

* * * * * * *

The Indian Health Care Improvement Act

25 U.S.C. § 1601, et seq.

* * * * * * *

§ 1616p. AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary

for each fiscal year through ø2000¿ 2001 to carry out this

chapter.

* * * * * * *

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§ 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 ø2000¿ 2001 to carry out this

subchapter.

§ 1647. AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary for

each fiscal year through fiscal year ø2000¿ 2001 to carry

out this subchapter.

* * * * * * *

§ 1660d. AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary

for each fiscal year through fiscal year ø2000¿ 2001 to

carry out this subchapter.

* * * * * * *

§ 1663. AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary for

each fiscal year through fiscal year ø2000¿ 2001 to carry

out this subchapter.

* * * * * * *

§ 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 ø2000¿ 2001 to carry out this

subchapter.

* * * * * * *

Indian Alcohol and substance abuse Prevention and

Treatment Act of 1986

25 U.S.C. § 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, øand¿ 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,

øand¿ 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

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necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998,

1999, øand¿ 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, øand¿ 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, øand¿ 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, øand¿ 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, øand¿ 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, øand¿ 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, øand¿ 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, øand¿ 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, øand¿ 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 necVerDate 11-MAY-2000 10:11 Oct 16, 2000 Jkt 089010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR501.XXX pfrm04 PsN: SR501
10

essary for each of the fiscal years 1994, 1995, 1996, 1997, 1998,

1999, øand¿ 2000, and 2001.

* * * * * * *

Morris K. Udall Scholarship and Excellence in National

Environmental Policy

20 U.S.C. § 5604(7)

§ 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.;

* * * * * * *

§ 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).

§ 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.

* * * * * * *

Distribution of Judgment Funds

25 U.S.C. 1407

§ 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 øor¿

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(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.

* * * * * * *

Æ