I

104TH CONGRESS

1ST SESSION H. R. 2726

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

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,

3 SECTION 1. CORRECTION TO POKAGON RESTORATION ACT.

4 Section 9 of the Act entitled ‘‘An Act to restore Fed5 eral services to the Pokagon Band of Potawatomi Indians’’

6 (25 U.S.C. 1300j–7a) is amended—

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

8 and inserting ‘‘Band’’;

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

10 and
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1 (3) in subsection (b)—

2 (A) in paragraph (1)—

3 (i) in the first sentence—

4 (I) by striking ‘‘membership rolls

5 that contain’’ and inserting ‘‘a mem6 bership roll that contains’’; and

7 (II) by striking ‘‘in such’’ and in8 serting ‘‘in the’’; and

9 (ii) in the second sentence, by striking

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

11 (B) in paragraph (2)—

12 (i) by striking ‘‘rolls have’’ and insert13 ing ‘‘roll has’’; and

14 (ii) by striking ‘‘such rolls’’ and in15 serting ‘‘such roll’’;

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

17 striking ‘‘ROLLS’’ and inserting ‘‘ROLL’’; and

18 (D) in paragraph (3), by striking ‘‘rolls are

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

20 SEC. 2. CORRECTION TO ODAWA AND OTTAWA RESTORA21 TION ACT.

22 (a) REAFFIRMATION OF RIGHTS.—The heading of

23 section 5(b) of the Little Traverse Bay Bands of Odawa

24 and the Little River Band of Ottawa Indians Act (25
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1 U.S.C. 1300k–3) is amended by striking ‘‘TRIBE’’ and in2 serting ‘‘BANDS’’.

3 (b) MEMBERSHIP LIST.—Section 9 of the Little Tra4 verse Bay Bands of Odawa and the Little River Band of

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

6 (1) in subsection (a)—

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

8 appears and inserting ‘‘Bands’’; and

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

10 ‘‘the respective Bands.’’; and

11 (2) in subsection (b)(1)—

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

13 Band shall submit to the Secretary membership

14 rolls that contain the names of all individuals

15 eligible for membership in such Band’’ and in16 serting ‘‘each of the Bands shall submit to the

17 Secretary a membership roll that contains the

18 names of all individuals that are eligible for

19 membership in such Band’’; and

20 (B) in the second sentence, by striking

21 ‘‘The Band, in consultation’’ and inserting

22 ‘‘Each such Band, in consultation’’.

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

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

25 (108 Stat. 1562) is amended by striking ‘‘(under the In-
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1 dian Self-Determination and Education Assistance Act

2 (25 U.S.C. 450b(e)), as amended,’’ and inserting ‘‘under

3 the Indian Self-Determination and Education Assistance

4 Act (25 U.S.C. 450 et seq.)’’.

5 SEC. 4. PASCUA YAQUI INDIANS OF ARIZONA.

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

7 for the extension of certain Federal benefits, services, and

8 assistance to the Pascua Yaqui Indians of Arizona, and

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

10 by striking ‘‘Pascua Yaqui tribe’’ and inserting ‘‘Pascua

11 Yaqui Tribe’’.

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

13 Section 3(7) of the Indian Lands Open Dump Clean14 up Act of 1994 (108 Stat. 4165) is amended by striking

15 ‘‘under section 6944 of the Solid Waste Disposal Act (42

16 U.S.C. 6941 et seq.)’’ and inserting ‘‘under section 4004

17 of the Solid Waste Disposal Act (42 U.S.C. 6944)’’.

18 SEC. 6. AMERICAN INDIAN TRUST FUND MANAGEMENT RE19 FORM ACT OF 1994.

20 (a) MAINTENANCE OF RECORDS.—Section

21 303(c)(5)(D) of the American Indian Trust Fund Man22 agement Reform Act of 1994 (108 Stat. 4247) is amended

23 by striking ‘‘made under paragraph (3)(B)’’ and inserting

24 ‘‘made under subparagraph (C)’’.
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1 (b) ADVISORY BOARD.—Section 306(d) of the Indian

2 Trust Fund Management Reform Act (25 U.S.C.

3 4046(d)) is amended by striking ‘‘Advisory Board’’ and

4 inserting ‘‘advisory board’’.

5 SEC. 7. INDIAN SELF-DETERMINATION CONTRACT REFORM

6 ACT OF 1994.

7 Section 102(11) of the Indian Self-Determination

8 Contract Reform Act of 1994 (108 Stat. 4254) is amend9 ed by striking ‘‘subsection (e)’’ and inserting ‘‘subsection

10 (e) of section 105’’.

11 SEC. 8. AUBURN INDIAN RESTORATION.

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

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

14 amended—

15 (1) in subsection (a)(2), by striking ‘‘as pro16 vided in section 107’’ and inserting ‘‘as provided in

17 section 207’’; and

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

19 and inserting ‘‘section 204’’.

20 (b) INTERIM GOVERNMENT.—The last sentence of

21 section 206 of the Auburn Indian Restoration Act (25

22 U.S.C. 1300l–4) is amended by striking ‘‘Interim council’’

23 and inserting ‘‘Interim Council’’.
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1 SEC. 9. CROW BOUNDARY SETTLEMENT ACT OF 1994.

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

3 Boundary Settlement Act of 1994 (108 Stat. 4636) is

4 amended by striking ‘‘provisions of subsection (b)’’ and

5 inserting ‘‘provisions of this subsection’’.

6 (b) APPLICABILITY.—Section 9 of the Crow Bound7 ary Settlement Act of 1994 (108 Stat. 4640) is amended

8 by striking ‘‘The Act’’ and inserting ‘‘This Act’’.

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

10 Boundary Settlement Act of 1994 (108 Stat. 4641) is

11 amended by striking ‘‘(collectively referred to in this sub12 section as the ‘Suspension Accounts’)’’ and inserting

13 ‘‘(collectively referred to in this section as the ‘Suspension

14 Accounts’)’’.

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

16 The first sentence of section 205 of the Tlingit and

17 Haida Status Clarification Act (25 U.S.C. 1215) is

18 amended by striking ‘‘Indian tribes’’ and inserting ‘‘In19 dian Tribes’’.

20 SEC. 11. NATIVE AMERICAN LANGUAGES ACT.

21 Section 103 of the Native American Languages Act

22 (25 U.S.C. 2902) is amended—

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

24 5351(4) of the Indian Education Act of 1988 (25

25 U.S.C. 2651(4))’’ and inserting ‘‘under section
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1 9161(4) of the Improving America’s Schools Act of

2 1994 (20 U.S.C. 7881(4))’’; and

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

4 of Public Law 100–297 (20 U.S.C. 4909)’’ and in5 serting ‘‘section 9212(1) of the Improving America’s

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

7 SEC. 12. PONCA RESTORATION ACT.

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

9 983c) is amended—

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

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

12 (2) by striking ‘‘or Charles Mix County’’ and

13 inserting ‘‘, Woodbury or Pottawattomie Counties of

14 Iowa, or Charles Mix County’’.

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

16 SETTLEMENT ACT OF 1994.

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

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

19 is amended by striking ‘‘December 31, 1995’’ and insert20 ing ‘‘June 30, 1996’’.

21 SEC. 14. REVOCATION OF CHARTER OF INCORPORATION

22 OF THE MINNESOTA CHIPPEWA TRIBE

23 UNDER THE INDIAN REORGANIZATION ACT.

24 The request of the Minnesota Chippewa Tribe to sur25 render the charter of incorporation issued to that tribe on
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1 September 17, 1937, pursuant to section 17 of the Act

2 of June 18, 1934, commonly known as the ‘‘Indian Reor3 ganization Act’’ (48 Stat. 988, chapter 576; 25 U.S.C.

4 477) is hereby accepted and that charter of incorporation

5 is hereby revoked.

6 SEC. 15. ADVISORY COUNCIL ON CALIFORNIA INDIAN POL7 ICY ACT OF 1992.

8 Section 5(6) of the Advisory Council on California In9 dian Policy Act of 1992 (106 Stat. 2133; 25 U.S.C. 651

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

11 ‘‘36 months’’.

12 SEC. 16. SAN CARLOS APACHE TRIBE WATER RIGHTS SET13 TLEMENT ACT OF 1992.

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

15 Water Rights Settlement Act of 1992 (title XXXVII of

16 Public Law 102–575) is amended by striking ‘‘December

17 31, 1995’’ and inserting ‘‘December 31, 1996’’.

18 SEC. 17. IN-LIEU FISHING SITE TRANSFER AUTHORITY.

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

20 2945) is amended by adding at the end the following new

21 subsection:

22 ‘‘(g) The Secretary of the Army is authorized to

23 transfer funds to the Department of the Interior to be

24 used for purposes of the continued operation and mainte25 nance of sites improved or developed under this section.’’.
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1 SEC. 18. ADOLESCENT TRANSITIONAL LIVING FACILITY.

2 Notwithstanding any other provision of law, any

3 funds that were provided to the Ponca Indian Tribe of

4 Nebraska for any of the fiscal years 1992 through 1995,

5 and that were retained by that Indian tribe, pursuant to

6 a self-determination contract with the Secretary of Health

7 and Human Services that the Indian tribe entered into

8 under section 102 of the Indian Self-Determination and

9 Education Assistance Act (25 U.S.C. 450f) to carry out

10 programs and functions of the Indian Health Service may

11 be used by that Indian tribe to acquire, develop, and main12 tain a transitional living facility for adolescents, including

13 land for that facility.

14 SEC. 19. EXPENDITURE OF MESCALERO APACHE TRIBE

15 JUDGMENT FUNDS.

16 Notwithstanding any other provision of law, or any

17 distribution plan approved pursuant to the Indian Tribal

18 Judgment Funds Use or Distribution Act (25 U.S.C. 1401

19 et seq.), the Secretary of the Interior may reprogram, in

20 accordance with the Resolutions, approved by the Mesca21 lero Apache Tribal Council on January 24, 1995, any and

22 all remaining funds (principal and interest accounts) re23 garding specific changes in the Secretarial Plans for the

24 use of the funds in Docket Nos. 22–G, 30, 48, 30–A, and

25 48–A, awarded in satisfaction of the judgments by the In26 dian Claims Commission.’’.
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1 SEC. 20. ESTABLISHMENT OF A BAND ROLL.

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

3 Lake Superior Chippewa Indians Act (25 U.S.C. 1300h–

4 3(d)(2)) is amended—

5 (1) by inserting ‘‘and base roll’’ after ‘‘require6 ment’’; and

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

8 ‘‘modifications are’’.

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