Union Calendar No. 217

104TH CONGRESS

1ST SESSION H. R. 2726

[Report No. 104–444]

A BILL

To make certain technical corrections in laws relatDing to Native Americans, and for other purposes. ECEMBER 30 (legislative day, DECEMBER 22), 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 217

104TH CONGRESS

1ST SESSION H. R. 2726

[Report No. 104–444]

To make certain technical corrections in laws relating to Native Americans,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 6, 1995

Mr. GALLEGLY introduced the following bill; which was referred to the

Committee on Resources

DECEMBER 30 (legislative day, DECEMBER 22), 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on December 6, 1995]

A BILL

To make certain technical corrections in laws relating to

Native Americans, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. CORRECTION TO POKAGON RESTORATION ACT.

2 Section 9 of the Act entitled ‘‘An Act to restore Federal

3 services to the Pokagon Band of Potawatomi Indians’’ (25

4 U.S.C. 1300j–7a) is amended—

5 (1) by striking ‘‘Bands’’ each place it appears

6 and inserting ‘‘Band’’;

7 (2) in subsection (a), by striking ‘‘respective’’;

8 and

9 (3) in subsection (b)—

10 (A) in paragraph (1)—

11 (i) in the first sentence—

12 (I) by striking ‘‘membership rolls

13 that contain’’ and inserting ‘‘a mem14 bership roll that contains’’; and

15 (II) by striking ‘‘in such’’ and in16 serting ‘‘in the’’; and

17 (ii) in the second sentence, by striking

18 ‘‘Each such’’ and inserting ‘‘The’’;

19 (B) in paragraph (2)—

20 (i) by striking ‘‘rolls have’’ and insert21 ing ‘‘roll has’’; and

22 (ii) by striking ‘‘such rolls’’ and insert23 ing ‘‘such roll’’;

24 (C) in the heading for paragraph (3), by

25 striking ‘‘ROLLS’’ and inserting ‘‘ROLL’’; and
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1 (D) in paragraph (3), by striking ‘‘rolls are

2 maintained’’ and inserting ‘‘roll is maintained’’.

3 SEC. 2. CORRECTION TO ODAWA AND OTTAWA RESTORA4 TION ACT.

5 (a) REAFFIRMATION OF RIGHTS.—The heading of sec6 tion 5(b) of the Little Traverse Bay Bands of Odawa Indi7 ans and the Little River Band of Ottawa Indians Act (25

8 U.S.C. 1300k–3) is amended by striking ‘‘TRIBE’’ and in9 serting ‘‘BANDS’’.

10 (b) MEMBERSHIP LIST.—Section 9 of the Little Tra11 verse Bay Bands of Odawa and the Little River Band of

12 Ottawa Indians Act (25 U.S.C. 1300k–7) is amended—

13 (1) in subsection (a)—

14 (A) by striking ‘‘Band’’ the first place it

15 appears and inserting ‘‘Bands’’; and

16 (B) by striking ‘‘the Band.’’ and inserting

17 ‘‘the respective Bands.’’; and

18 (2) in subsection (b)(1)—

19 (A) in the first sentence, by striking ‘‘the

20 Band shall submit to the Secretary membership

21 rolls that contain the names of all individuals el22 igible for membership in such Band’’ and insert23 ing ‘‘each of the Bands shall submit to the Sec24 retary a membership roll that contains the
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1 names of all individuals that are eligible for

2 membership in such Band’’; and

3 (B) in the second sentence, by striking ‘‘The

4 Band, in consultation’’ and inserting ‘‘Each

5 such Band, in consultation’’.

6 SEC. 3. INDIAN DAMS SAFETY ACT OF 1994.

7 Section 4(h) of the Indian Dams Safety Act of 1994

8 (25 U.S.C. 3803(h); 108 Stat. 1562) is amended by striking

9 ‘‘(under the Indian Self-Determination and Education As10 sistance Act (25 U.S.C. 450b(e))), as amended,’’ and insert11 ing ‘‘under the Indian Self-Determination and Education

12 Assistance Act (25 U.S.C. 450 et seq.)’’.

13 SEC. 4. PASCUA YAQUI INDIANS OF ARIZONA.

14 Section 4(b) of the Act entitled ‘‘An Act to provide for

15 the extension of certain Federal benefits, services, and as16 sistance to the Pascua Yaqui Indians of Arizona, and for

17 other purposes’’ (25 U.S.C. 1300f–3(b)) is amended by

18 striking ‘‘Pascua Yaqui tribe’’ and inserting ‘‘Pascua Yaqui

19 Tribe’’.

20 SEC. 5. INDIAN LANDS OPEN DUMP CLEANUP ACT OF 1994.

21 Section 3(7) of the Indian Lands Open Dump Cleanup

22 Act of 1994 (25 U.S.C. 3902(7); 108 Stat. 4165) is amended

23 by striking ‘‘under section 6944 of the Solid Waste Disposal

24 Act (42 U.S.C. 6941 et seq.)’’ and inserting ‘‘under section

25 4004 of the Solid Waste Disposal Act (42 U.S.C. 6944)’’.
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1 SEC. 6. AMERICAN INDIAN TRUST FUND MANAGEMENT RE2 FORM ACT OF 1994.

3 (a) MAINTENANCE OF RECORDS.—Section

4 303(c)(5)(D) of the American Indian Trust Fund Manage5 ment Reform Act of 1994 (25 U.S.C. 4043(c)(5)(D); 108

6 Stat. 4247) is amended by striking ‘‘made under paragraph

7 (3)(B)’’ and inserting ‘‘made under subparagraph (C)’’.

8 (b) ADVISORY BOARD.—Section 306(d) of the Indian

9 Trust Fund Management Reform Act of 1994 (25 U.S.C.

10 4046(d); 108 Stat. 4249) is amended by striking ‘‘Advisory

11 Board’’ and inserting ‘‘advisory board’’.

12 SEC. 7. INDIAN SELF-DETERMINATION CONTRACT REFORM

13 ACT OF 1994.

14 Section 102(11) of the Indian Self-Determination Con15 tract Reform Act of 1994 (108 Stat. 4254) is amended by

16 striking ‘‘subsection (e)’’ and inserting ‘‘subsection (e) of

17 section 105’’.

18 SEC. 8. AUBURN INDIAN RESTORATION.

19 (a) ECONOMIC DEVELOPMENT.—Section 203 of the

20 Auburn Indian Restoration Act (25 U.S.C. 1300l–1) is

21 amended—

22 (1) in subsection (a)(2), by striking ‘‘as provided

23 in section 107’’ and inserting ‘‘as provided in section

24 207’’; and

25 (2) in subsection (b), by striking ‘‘section 104’’

26 and inserting ‘‘section 204’’.
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1 (b) INTERIM GOVERNMENT.—The last sentence of sec2 tion 206 of the Auburn Indian Restoration Act (25 U.S.C.

3 1300l–4) is amended by striking ‘‘Interim council’’ and in4 serting ‘‘Interim Council’’.

5 SEC. 9. CROW BOUNDARY SETTLEMENT ACT OF 1994.

6 (a) ENFORCEMENT.—Section 5(b)(3) of the Crow

7 Boundary Settlement Act of 1994 (25 U.S.C. 1776c(B)(3);

8 108 Stat. 4636) is amended by striking ‘‘provisions of sub9 section (b)’’ and inserting ‘‘provisions of this subsection’’.

10 (b) APPLICABILITY.—Section 9(a) of the Crow Bound11 ary Settlement Act of 1994 (25 U.S.C. 1776g(a); 108 Stat.

12 4640) is amended by striking ‘‘The Act’’ and inserting

13 ‘‘This Act’’.

14 (c) ESCROW FUNDS.—Section 10(b) of the Crow

15 Boundary Settlement Act of 1994 (25 U.S.C. 1776h(b); 108

16 Stat. 4641) is amended by striking ‘‘(collectively referred

17 to in this subsection as the ‘Suspension Accounts’)’’ and in18 serting ‘‘(collectively referred to in this section as the ‘Sus19 pension Accounts’)’’.

20 SEC. 10. TLINGIT AND HAIDA STATUS CLARIFICATION ACT.

21 The first sentence of section 205 of the Tlingit and

22 Haida Status Clarification Act (25 U.S.C. 1215) is amend23 ed by striking ‘‘Indian tribes’’ and inserting ‘‘Indian

24 Tribes’’.
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1 SEC. 11. NATIVE AMERICAN LANGUAGES ACT.

2 Section 103 of the Native American Languages Act (25

3 U.S.C. 2902) is amended—

4 (1) in paragraph (2), by striking ‘‘under section

5 5351(4) of the Indian Education Act of 1988 (25

6 U.S.C. 2651(4))’’ and inserting ‘‘under section

7 9161(4) of the Improving America’s Schools Act of

8 1994 (20 U.S.C. 7881(4))’’; and

9 (2) in paragraph (3), by striking ‘‘section 4009

10 of Public Law 100–297 (20 U.S.C. 4909)’’ and insert11 ing ‘‘section 9212(1) of the Improving America’s

12 Schools Act of 1994 (20 U.S.C. 7912(1))’’.

13 SEC. 12. PONCA RESTORATION ACT.

14 Section 5 of the Ponca Restoration Act (25 U.S.C.

15 983c) is amended—

16 (1) by inserting ‘‘Sarpy, Burt, Platte, Stanton,

17 Holt, Hall, Wayne,’’ before ‘‘Knox’’; and

18 (2) by striking ‘‘or Charles Mix County’’ and in19 serting ‘‘, Woodbury or Pottawattomie Counties of

20 Iowa, or Charles Mix County’’.

21 SEC. 13. YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS

22 SETTLEMENT ACT OF 1994.

23 Section 112(b) of the Yavapai-Prescott Indian Tribe

24 Water Rights Settlement Act of 1994 (108 Stat. 4532) is

25 amended by striking ‘‘December 31, 1995’’ and inserting

26 ‘‘June 30, 1996’’.
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1 SEC. 14. REVOCATION OF CHARTER OF INCORPORATION OF

2 THE MINNESOTA CHIPPEWA TRIBE UNDER

3 THE INDIAN REORGANIZATION ACT.

4 The request of the Minnesota Chippewa Tribe to sur5 render the charter of incorporation issued to that tribe on

6 September 17, 1937, pursuant to section 17 of the Act of

7 June 18, 1934, commonly known as the ‘‘Indian Reorga8 nization Act’’ (48 Stat. 988, chapter 576; 25 U.S.C. 477)

9 is hereby accepted and that charter of incorporation is here10 by revoked.

11 SEC. 15. ADVISORY COUNCIL ON CALIFORNIA INDIAN POL12 ICY ACT OF 1992.

13 Section 5(6) of the Advisory Council on California In14 dian Policy Act of 1992 (106 Stat. 2133; 25 U.S.C. 651

15 note) is amended by striking ‘‘18 months’’ and inserting

16 ‘‘36 months’’.

17 SEC. 16. SAN CARLOS APACHE TRIBE WATER RIGHTS SET18 TLEMENT ACT OF 1992.

19 Section 3711(b)(1) of the San Carlos Apache Tribe

20 Water Rights Settlement Act of 1992 (title XXXVII of Pub21 lic Law 102–575; 25 U.S.C. 390 note) is amended by strik22 ing ‘‘December 31, 1995’’ and inserting ‘‘December 31,

23 1996’’.
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1 SEC. 17. IN-LIEU FISHING SITE TRANSFER AUTHORITY.

2 Section 401 of Public Law 100–581 (102 Stat. 2944–

3 2945) is amended by adding at the end the following new

4 subsection:

5 ‘‘(g) The Secretary of the Army is authorized to trans6 fer funds to the Department of the Interior to be used for

7 purposes of the continued operation and maintenance of

8 sites improved or developed under this section.’’.

9 SEC. 18. ADOLESCENT TRANSITIONAL LIVING FACILITY.

10 Notwithstanding any other provision of law, any funds

11 that were provided to the Ponca Indian Tribe of Nebraska

12 for any of the fiscal years 1992 through 1995, and that were

13 retained by that Indian tribe, pursuant to a self-determina14 tion contract with the Secretary of Health and Human

15 Services that the Indian tribe entered into under section

16 102 of the Indian Self-Determination and Education As17 sistance Act (25 U.S.C. 450f) to carry out programs and

18 functions of the Indian Health Service may be used by that

19 Indian tribe to acquire, develop, and maintain a transi20 tional living facility for adolescents, including land for that

21 facility.

22 SEC. 19. EXPENDITURE OF MESCALERO APACHE TRIBE

23 JUDGMENT FUNDS.

24 Notwithstanding any other provision of law, or any

25 distribution plan approved pursuant to the Indian Tribal

26 Judgment Funds Use or Distribution Act (25 U.S.C. 1401
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1 et seq.), the Secretary of the Interior may reprogram, in

2 accordance with the Resolutions, approved by the Mescalero

3 Apache Tribal Council on January 24, 1995, any and all

4 remaining funds (principal and interest accounts) regard5 ing specific changes in the Secretarial Plans for the use of

6 the funds in Docket Nos. 22–G, 30, 48, 30–A, and 48–A,

7 awarded in satisfaction of the judgments by the Indian

8 Claims Commission.

9 SEC. 20. ESTABLISHMENT OF A BAND ROLL.

10 Section 5(d)(2) of the Lac Vieux Desert Band of Lake

11 Superior Chippewa Indians Act (25 U.S.C. 1300h–3(d)(2);

12 102 Stat. 1578) is amended—

13 (1) by inserting ‘‘and base roll’’ after ‘‘require14 ment’’; and

15 (2) by striking ‘‘modification is’’ and inserting

16 ‘‘modifications are’’.

17 SEC. 21. OPTION TO INCORPORATE SELF-DETERMINATION

18 PROVISIONS INTO SELF-GOVERNANCE.

19 Section 403 of the Indian Self-Determination and

20 Education Assistance Act (25 U.S.C. 458cc) is amended by

21 adding the following new subsection:

22 ‘‘(l) INCORPORATE SELF-DETERMINATION PROVI23 SIONS.—At the option of a participating tribe or tribes, any

24 or all provisions of title I of this Act shall be made part

25 of an agreement entered into under title III of this Act or
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1 this title. The Secretary is obligated to include such provi2 sions at the option of the participating tribe or tribes. If

3 such provision is incorporated it shall have the same force

4 and effect as if set out in full in title III or this title.’’.