II

104TH CONGRESS

2D SESSION H. R. 2726

IN THE SENATE OF THE UNITED STATES

JANUARY 24, 1996

Received

AN ACT

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 Fed3 eral services to the Pokagon Band of Potawatomi Indians’’

4 (25 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 in23 serting ‘‘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

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

7 Indians and the Little River Band of Ottawa Indians Act

8 (25 U.S.C. 1300k–3) is amended by striking ‘‘TRIBE’’ and

9 inserting ‘‘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

22 eligible for membership in such Band’’ and in23 serting ‘‘each of the Bands shall submit to the

24 Secretary 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

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

5 ‘‘Each 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 strik9 ing ‘‘(under the Indian Self-Determination and Education

10 Assistance Act (25 U.S.C. 450b(e))), as amended,’’ and

11 inserting ‘‘under the Indian Self-Determination and Edu12 cation 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

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

16 assistance to the Pascua Yaqui Indians of Arizona, and

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

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

19 Yaqui Tribe’’.

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

21 Section 3(7) of the Indian Lands Open Dump Clean22 up Act of 1994 (25 U.S.C. 3902(7); 108 Stat. 4165) is

23 amended by striking ‘‘under section 6944 of the Solid

24 Waste Disposal Act (42 U.S.C. 6941 et seq.)’’ and insert-
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1 ing ‘‘under section 4004 of the Solid Waste Disposal Act

2 (42 U.S.C. 6944)’’.

3 SEC. 6. AMERICAN INDIAN TRUST FUND MANAGEMENT RE4 FORM ACT OF 1994.

5 (a) MAINTENANCE OF RECORDS.—Section

6 303(c)(5)(D) of the American Indian Trust Fund Man7 agement Reform Act of 1994 (25 U.S.C. 4043(c)(5)(D);

8 108 Stat. 4247) is amended by striking ‘‘made under

9 paragraph (3)(B)’’ and inserting ‘‘made under subpara10 graph (C)’’.

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

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

13 4046(d); 108 Stat. 4249) is amended by striking ‘‘Advi14 sory Board’’ and inserting ‘‘advisory board’’.

15 SEC. 7. INDIAN SELF-DETERMINATION CONTRACT REFORM

16 ACT OF 1994.

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

18 Contract Reform Act of 1994 (108 Stat. 4254) is amend19 ed by striking ‘‘subsection (e)’’ and inserting ‘‘subsection

20 (e) of section 105’’.

21 SEC. 8. AUBURN INDIAN RESTORATION.

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

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

24 amended—
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1 (1) in subsection (a)(2), by striking ‘‘as pro2 vided in section 107’’ and inserting ‘‘as provided in

3 section 207’’; and

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

5 and inserting ‘‘section 204’’.

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

7 section 206 of the Auburn Indian Restoration Act (25

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

9 and inserting ‘‘Interim Council’’.

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

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

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

13 108 Stat. 4636) is amended by striking ‘‘provisions of sub14 section (b)’’ and inserting ‘‘provisions of this subsection’’.

15 (b) APPLICABILITY.—Section 9(a) of the Crow

16 Boundary Settlement Act of 1994 (25 U.S.C. 1776g(a);

17 108 Stat. 4640) is amended by striking ‘‘The Act’’ and

18 inserting ‘‘This Act’’.

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

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

21 108 Stat. 4641) is amended by striking ‘‘(collectively re22 ferred to in this subsection as the ‘Suspension Accounts’)’’

23 and inserting ‘‘(collectively referred to in this section as

24 the ‘Suspension Accounts’)’’.
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1 SEC. 10. TLINGIT AND HAIDA STATUS CLARIFICATION ACT.

2 The first sentence of section 205 of the Tlingit and

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

4 amended by striking ‘‘Indian tribes’’ and inserting ‘‘In5 dian Tribes’’.

6 SEC. 11. NATIVE AMERICAN LANGUAGES ACT.

7 Section 103 of the Native American Languages Act

8 (25 U.S.C. 2902) is amended—

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

10 5351(4) of the Indian Education Act of 1988 (25

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

12 9161(4) of the Elementary and Secondary Edu13 cation Act of 1965 (20 U.S.C. 7881(4))’’; and

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

15 of Public Law 100–297 (20 U.S.C. 4909)’’ and in16 serting ‘‘section 9212(1) of the Elementary and Sec17 ondary Education Act of 1965 (20 U.S.C.

18 7912(1))’’.

19 SEC. 12. PONCA RESTORATION ACT.

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

21 983c) is amended—

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

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

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

25 inserting ‘‘, Woodbury or Pottawattomie Counties of

26 Iowa, or Charles Mix County’’.
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1 SEC. 13. REVOCATION OF CHARTER OF INCORPORATION

2 OF THE MINNESOTA CHIPPEWA TRIBE

3 UNDER 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

7 of June 18, 1934, commonly known as the ‘‘Indian Reor8 ganization Act’’ (48 Stat. 988, chapter 576; 25 U.S.C.

9 477) is hereby accepted and that charter of incorporation

10 is hereby revoked.

11 SEC. 14. 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. 15. IN-LIEU FISHING SITE TRANSFER AUTHORITY.

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

19 2945) is amended by adding at the end the following new

20 subsection:

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

22 transfer funds to the Department of the Interior to be

23 used for purposes of the continued operation and mainte24 nance of sites improved or developed under this section.’’.
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1 SEC. 16. 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. 17. 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. 18. 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); 102 Stat. 1578) is amended—

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

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

8 ‘‘modifications are’’.

9 SEC. 19. OPTION TO INCORPORATE SELF-DETERMINATION

10 PROVISIONS INTO SELF-GOVERNANCE.

11 Section 403 of the Indian Self-Determination and

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

13 by adding the following new subsection:

14 ‘‘(l) INCORPORATE SELF-DETERMINATION PROVI15 SIONS.—At the option of a participating tribe or tribes,

16 any or all provisions of title I of this Act shall be made

17 part of an agreement entered into under title III of this

18 Act or this title. The Secretary is obligated to include such

19 provisions at the option of the participating tribe or tribes.

20 If such provision is incorporated it shall have the same

21 force and effect as if set out in full in title III or this

22 title.’’.

Passed the House of Representatives January 23,

1996.

Attest: Robin H. Carle,

Clerk.