IIA

103D CONGRESS

2D SESSION H. R. 4709

IN THE SENATE OF THE UNITED STATES

AUGUST 17 (legislative day, AUGUST 11), 1994

Received; read twice and referred to the Committee on Indian Affairs

AN ACT

To make certain technical corrections, 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. LEASING AUTHORITY OF THE INDIAN PUEBLO

4 FEDERAL DEVELOPMENT CORPORATION.

5 Notwithstanding the provisions of section 17 of the

6 Act of June 18, 1934 (25 U.S.C. 477), the Indian Pueblo

7 Federal Development Corporation, whose charter was is8 sued pursuant to such section by the Secretary of the Inte9 rior on January 15, 1993, shall have the authority to lease

10 or sublease trust or restricted Indian lands for up to 50

11 years.
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1 SEC. 2. GRAND RONDE RESERVATION ACT.

2 (a) LANDS DESCRIBED.—Section 1 of the Act enti3 tled ‘‘An Act to establish a reservation for the Confed4 erated Tribes of the Grand Ronde Community of Oregon,

5 and for other purposes’’, approved September 9, 1988

6 (102 Stat. 1594), is amended—

7 (1) in subsection (c)—

8 (A) by striking ‘‘9,879.65’’ and inserting

9 ‘‘10,120.68’’; and

10 (B) by striking all after

‘‘6 8 1 SW1⁄4SW1⁄4,W1⁄2SE1⁄4SW1⁄4 53.78’’

11 and inserting in lieu thereof the following:

‘‘6 8 1 S1⁄2E1⁄2SE1⁄4SW1⁄4 10.03

6 7 8 Tax lot 800 5.55

4 7 30 Lots 3, 4, SW1⁄4NE1⁄4,

SE1⁄4NW1⁄4,E1⁄2SW1⁄4 240

Total ............................................ 10,120.68.’’;

12 and

13 (2) by adding at the end the following:

14 ‘‘(d) CLAIMS EXTINGUISHED; LIABILITY.—

15 ‘‘(1) CLAIMS EXTINGUISHED.—All claims to

16 lands within the State of Oregon based upon recog17 nized title to the Grand Ronde Indian Reservation

18 established by the Executive order of June 30, 1857,

19 pursuant to treaties with the Kalapuya, Molalla, and

20 other tribes, or any part thereof by the Confederated
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1 Tribes of the Grand Ronde Community of Oregon,

2 or any predecessor or successor in interest, are here3 by extinguished, and any transfers pursuant to the

4 Act of April 28, 1904 (Chap. 1820; 33 Stat. 567)

5 or other statute of the United States, by, from, or

6 on behalf of the Confederated Tribes of the Grand

7 Ronde Community of Oregon, or any predecessor or

8 successor interest, shall be deemed to have been

9 made in accordance with the Constitution and all

10 laws of the United States that are specifically appli11 cable to transfers of lands or natural resources from,

12 by, or on behalf of any Indian, Indian nation, or

13 tribe of Indians (including, but not limited to, the

14 Trade and Intercourse Act of 1790 (Act of July 22,

15 1790; 25 U.S.C. 177, ch. 33, sec. 4; 1 Stat. 137)).

16 ‘‘(2) LIABILITY.—The Tribe shall assume re17 sponsibility for lost revenues, if any, to any county

18 because of the transfer of revested Oregon and Cali19 fornia Railroad grant lands in section 30, Township

20 4 South, Range 7 West.’’.

21 (b) CIVIL AND CRIMINAL JURISDICTION.—Section 3

22 of such Act (102 Stat. 1595) is amended by adding at

23 the end the following: ‘‘Such exercise shall not affect the

24 Tribe’s concurrent jurisdiction over such matters.’’.
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1 SEC. 3. CONFEDERATED TRIBES OF THE SILETZ INDIANS

2 OF OREGON.

3 Section 2 of the Act of September 4, 1980 (Public

4 Law 96–340; 94 Stat. 1072) is amended—

5 (1) by inserting ‘‘(a)’’ after ‘‘SEC. 2.’’; and

6 (2) by adding at the end the following:

7 ‘‘(b)(1) The Secretary of the Interior, acting at the

8 request of the Confederated Tribes of the Siletz Indians

9 of Oregon, shall accept (subject to all valid rights-of-way

10 and easements existing on the date of such request) any

11 appropriate warranty deed conveying to the United States

12 in trust for the Confederated Tribes of Siletz Indians of

13 Oregon, contingent upon payment of all accrued and un14 paid taxes, the following parcels of land located in Lincoln

15 County, State of Oregon:

16 ‘‘(A) In Township 10 South, Range 8 West,

17 Willamette Meridian—

18 ‘‘(i) a tract of land in the northwest and

19 the northeast quarters of section 7 consisting of

20 208.50 acres, more or less, conveyed to the

21 Tribe by warranty deed from John J. Jantzi

22 and Erma M. Jantzi on March 30, 1990; and

23 ‘‘(ii) 3 tracts of land in section 7 consist24 ing of 18.07 acres, more or less, conveyed to

25 the Tribe by warranty deed from John J.

26 Jantzi and Erma M. Jantzi on March 30, 1990.
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1 ‘‘(B) In Township 10 South, Range 10 West,

2 Willamette Meridian—

3 ‘‘(i) a tract of land in section 4, including

4 a portion of United States Government Lot 31

5 lying west and south of the Siletz River, con6 sisting of 15.29 acres, more or less, conveyed to

7 the Tribe by warranty deed from Patrick J.

8 Collson and Patricia Ann Collson on February

9 27, 1991;

10 ‘‘(ii) a tract of land in section 9, located in

11 Tract 60, consisting of 4.00 acres, more or less,

12 conveyed to the Tribe by contract of sale from

13 Gladys M. Faulkner on December 9, 1987;

14 ‘‘(iii) a tract of land in section 9, including

15 portions of the north one-half of United States

16 Government Lot 15, consisting of 7.34 acres,

17 more or less, conveyed to the Tribe by contract

18 of sale from Clayton E. Hursh and Anna L.

19 Hursh on December 9, 1987;

20 ‘‘(iv) a tract of land in section 9, including

21 a portion of the north one-half of Government

22 Lot 16, consisting of 5.62 acres, more or less,

23 conveyed to the Tribe by warranty deed from

24 Steve Jebert and Elizabeth Jebert on December

25 1, 1987;
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1 ‘‘(v) a tract of land in the southwest quar2 ter of the northwest quarter of section 9, con3 sisting of 3.45 acres, more or less, conveyed to

4 the Tribe by warranty deed from Eugenie

5 Nashif on July 11, 1988; and

6 ‘‘(vi) a tract of land in section 10, includ7 ing United States Government Lot 8 and por8 tions of United States Government Lot 7, con9 sisting of 29.93 acres, more or less, conveyed to

10 the Tribe by warranty deed from Doyle Grooms

11 on August 6, 1992.

12 ‘‘(C) In the northwest quarter of section 2 and

13 the northeast quarter of section 3, Township 7

14 South, Range 11 West, Willamette Meridian, a tract

15 of land comprising Lots 58, 59, 63, and 64, Lincoln

16 Shore Star Resort, Lincoln City, Oregon.

17 ‘‘(2) The parcels of land described in paragraph (1),

18 together with the following tracts of lands which have been

19 conveyed to the United States in trust for the Confed20 erated Tribes of Siletz Indians of Oregon—

21 ‘‘(A) a tract of land in section 3, Township 10

22 South, Range 10 West, Willamette Meridian, includ23 ing portions of United States Government Lots 25,

24 26, 27, and 28, consisting of 49.35 acres, more or

25 less, conveyed by the Siletz Tribe to the United
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1 States in trust for the Tribe on March 15, 1986;

2 and

3 ‘‘(B) a tract of land in section 9, Township 10

4 South, Range 10 West, Willamette Meridian, includ5 ing United States Government Lot 33, consisting of

6 2.27 acres, more or less, conveyed by warranty deed

7 to the United States in trust for the Confederated

8 Tribes of Siletz Indians of Oregon from Harold D.

9 Alldridge and Sylvia C. Alldridge on June 30, 1981;

10 shall be subject to the limitations and provisions of sec11 tions 3, 4, and 5 of this Act and shall be deemed to be

12 a restoration of land pursuant to section 7 of the Siletz

13 Indian Tribe Restoration Act (91 Stat. 1415; 25 U.S.C.

14 711(e)).

15 ‘‘(3) Notwithstanding any other provision of law, the

16 United States should not incur any liability for conditions

17 on any parcels of land taken into trust under this section.

18 ‘‘(4) As soon as practicable after the transfer of the

19 parcels provided in paragraphs (1) and (2), the Secretary

20 of the Interior shall convey such parcels and publish a de21 scription of such lands in the Federal Register.’’.

22 SEC. 4. TRANSFER OF PARCEL BY YSLETA DEL SUR

23 PUEBLO.

24 (a) RATIFICATION.—The transfer of the land de25 scribed in subsection (b), together with fixtures thereon,
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1 on July 12, 1991, by the Ysleta Del Sur Pueblo is hereby

2 ratified and shall be deemed to have been made in accord3 ance with the Constitution and all laws of the United

4 States that are specifically applicable to transfers of land

5 from, by, or on behalf of any Indian, Indian nation, or

6 tribe or band of Indians (including section 2116 of the

7 Revised Statutes (25 U.S.C. 177)) as if Congress had

8 given its consent prior to the transfer.

9 (b) LANDS DESCRIBED.—The lands referred to in

10 subsection (a) are more particularly described as follows:

11 Tract 1–B–1 (1.9251 acres) and Tract 1–B–2–A

12 (0.0748 acres), Block 2 San Elizario, El Paso Coun13 ty, Texas.

14 SEC. 5. AUTHORIZATION FOR 99–YEAR LEASES.

15 The second sentence of subsection (a) of the first sec16 tion of the Act of August 9, 1955 (25 U.S.C. 415(a)),

17 is amended by inserting ‘‘the Viejas Indian Reservation,’’

18 after ‘‘Soboba Indian Reservation,’’.

19 SEC. 6. WIND RIVER INDIAN IRRIGATION PROJECT.

20 Funds appropriated for construction of the Wind

21 River Indian Irrigation Project in fiscal year 1990 (Public

22 Law 101–121), fiscal year 1991 (Public Law 101–512),

23 and fiscal year 1992 (Public Law 102–154) shall be made

24 available on a nonreimbursable basis.
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1 SEC. 7. REIMBURSEMENT OF COSTS INCURRED BY GILA

2 RIVER INDIAN COMMUNITY FOR CERTAIN

3 RECLAMATION CONSTRUCTION.

4 The Secretary of the Interior is authorized to pay

5 $1,842,205 to the Gila River Indian Community as reim6 bursement for the costs incurred by the Gila River Indian

7 Community for construction allocated to irrigation on the

8 Sacaton Ranch that would have been nonreimbursable if

9 such construction had been performed by the Bureau of

10 Reclamation under section 402 of the Colorado River

11 Basin Project Act (43 U.S.C. 1542).

12 SEC. 8. RECONVEYANCE OF CERTAIN EXCESS LANDS.

13 (a) IN GENERAL.—The Congress finds that the Sac

14 and Fox Nation of Oklahoma has determined the lands

15 described in subsection (b) to be excess to their needs and

16 should be returned to the original Indian grantors or their

17 heirs. The Secretary of the Interior is authorized to accept

18 transfer of title from the Sac and Fox Nation of Oklahoma

19 of its interest in the lands described in subsection (b).

20 (b) PERSONS AND LANDS.—The lands and individ21 uals referred to in subsection (a) are as follows:

22 (1) To the United States of America in trust

23 for Sadie Davis, now Tyner, or her heirs or devisees,

24 the Surface and Surface Rights only in and to the

SE1⁄4SE1⁄4SE1⁄4SE1 25 ⁄4 of Section 28, Township 17

26 North, Range 6 East of the Indian Meridian, Lin-
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1 coln County, Oklahoma, containing 2.50 acres, more

2 or less.

3 (2) To the United States of America in trust

4 for Mabel Wakole, or her heirs or devisees, the Sur5 face and Surface Rights only in and to the

NE1⁄4NE1⁄4 of Lot 6 of NW1 6 ⁄4 of Section 14, Town7 ship 11 North, Range 4 East of the Indian Merid8 ian, Pottawatomie County, Oklahoma, containing

9 2.50 acres, more or less.

10 SEC. 9. TITLE I OF THE ACT OF JANUARY 12, 1983, PERTAIN11 ING TO THE DEVILS LAKE SIOUX TRIBE.

12 Paragraph (1) of section 108(a) of title I of the Act

13 of January 12, 1983 (96 Stat. 2515) is amended by strik14 ing out ‘‘of the date of death of the decedent’’ and insert15 ing in lieu thereof ‘‘after the date on which the Secretary’s

16 determination of the heirs of the decedent becomes final’’.

17 SEC. 10. NORTHERN CHEYENNE LAND TRANSFER.

18 (a) IN GENERAL.—Notwithstanding any contrary

19 provision of law, the Secretary of the Interior or his au20 thorized representative (‘‘Secretary’’) is hereby authorized

21 and directed to transfer by deed to Lame Deer High

22 School District No. 6, Rosebud County, Montana (‘‘School

23 District’’), all right, title, and interest of the United States

24 and the Northern Cheyenne Tribe (‘‘Tribe’’) in and to the

25 lands described below (‘‘Subject Lands’’), to be held and
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1 used by the School District for the exclusive purpose of

2 constructing and operating thereon a public high school

3 and related facilities. The Subject Lands consist of a tract

4 of approximately 40 acres within the Northern Cheyenne

5 Indian Reservation, more particularly described as follows:

A tract of land located in the W1⁄2 SE1 6 ⁄4 and the

E1⁄2 SW1 7 ⁄4 of Section 10, Township 3 South, Range

8 41 East, M.P.M., described as follows: Beginning at

the south 1 9 ⁄4 corner of said Section 10, thence south

10 89 degrees 56 minutes west 393.31 feet on and

11 along the south line of said Section 10 to the true

12 point of beginning, thence south 89 degrees 56 min13 utes west 500.0 feet on and along said Section line,

14 thence north 00 degrees 00 minutes east, 575.0 feet,

15 thence north 54 degrees 9 minutes 22 seconds east

16 2382.26 feet, thence south 23 degrees 44 minutes

17 21 seconds east 622.56 feet, thence south 51 de18 grees 14 minutes 40 seconds west 2177.19 feet to

19 the true point of beginning, containing in all 40.0

20 acres, more or less.

21 (b) DEED AND LEASE.—(1) The deed issued under

22 this section shall provide that—

23 (A) title to all coal and other minerals, includ24 ing oil, gas, and other natural deposits, within the

25 Subject Lands shall remain in the Secretary in trust
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1 for the Tribe, as provided in the Act of July 24,

2 1968 (82 Stat. 424);

3 (B) the Subject Lands may be used for the pur4 pose of constructing and operating a public high

5 school and related facilities thereon, and for no other

6 purpose;

7 (C) title to the Subject Lands, free and clear of

8 all liens and encumbrances, shall automatically re9 vert to the Secretary in trust for the Tribe, and the

10 deed shall be of no further force or effect, if, within

11 eight years of the date of the deed, classes have not

12 commenced in a permanent public high school facil13 ity established on the Subject Lands, or if such

14 classes commence at the facility within such eight15 year period, but the facility subsequently perma16 nently ceases operating as a public high school; and

17 (D) at any time after the conclusion of the cur18 rent litigation (including all trial and, if any, appel19 late proceedings) challenging the November 9, 1993,

20 decision of the Superintendent of Public Instruction

21 for the State of Montana granting the petition to

22 create the School District, and with the prior ap23 proval of the Superintendent of Public Instruction

24 (‘‘Superintendent’s Approval’’), the Tribe shall have

25 the right to replace the deed with a lease covering
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1 the Subject Lands issued under the Act of August

2 9, 1955, as amended (25 U.S.C. 415(a)) having a

3 term of 25 years, with a right to renew for an addi4 tional 25 years.

5 (2) Under the lease referred to in paragraph (1)(D),

6 the Subject Lands shall be leased rent free to the School

7 District for the exclusive purpose of constructing and op8 erating a public high school and related facilities thereon.

9 The lease shall terminate if, within eight years of the date

10 of the deed, classes have not commenced in a permanent

11 public high school facility established on the Subject

12 Lands, or if such classes commence at the facility within

13 such eight-year period, but the facility subsequently per14 manently ceases operating as a public high school. In the

15 event the Tribe seeks and obtains the Superintendent’s

16 Approval, it may tender a lease, signed by the Tribe and

17 approved by the Secretary, which complies with the provi18 sions of this subsection. Upon such tender, the deed shall

19 be of no further force or effect, and, subject to the lease20 hold interest offered to the School District, title to the

21 Subject Lands, free and clear of all liens and encum22 brances, shall automatically revert to the Secretary in

23 trust for the Tribe. The Tribe may at any time irrevocably

24 relinquish the right provided to it under this subsection
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1 by resolution of the Northern Cheyenne Tribal Council ex2 plicitly so providing.

3 (c) EFFECT OF ACCEPTANCE OF DEED.—Upon the

4 School District’s acceptance of a deed delivered under this

5 section, the School District, and any party who may subse6 quently acquire any right, title, or interest of any kind

7 whatsoever in or to the Subject Lands by or through the

8 School District, shall be subject to, be bound by, and com9 ply with all terms and conditions set forth in subpara10 graphs (A) through (D) of subsection (b)(1).

11 SEC. 11. INDIAN AGRICULTURE AMENDMENT.

12 (a) LEASING OF INDIAN AGRICULTURAL LANDS.—

13 Section 105 of the American Indian Agriculture Resource

14 Management Act (25 U.S.C. 3701 et seq.) is amended—

15 (1) in subsection (b)—

16 (A) by striking ‘‘and’’ at the end of para17 graph (3);

18 (B) by striking the period at the end of

19 paragraph (4) and inserting ‘‘; and’’; and

20 (C) by adding at the end the following:

21 ‘‘(5) shall approve leases and permits of tribally

22 owned agricultural lands at rates determined by the

23 tribal governing body.’’; and

24 (2) in subsection (c), by amending paragraph

25 (1) to read as follows: ‘‘(1) Nothing in this section
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1 shall be construed as limiting or altering the author2 ity or right of an individual allottee or Indian tribe

3 in the legal or beneficial use of his, her, or its own

4 land or to enter into an agricultural lease of the sur5 face interest of his, her, or its allotment or land

6 under any other provision of law.’’.

7 (b) TRIBAL IMMUNITY.—The American Indian Agri8 culture Resource Management Act (25 U.S.C. 3701 et

9 seq.) is amended by adding at the end the following:

10 ‘‘SEC. 306. TRIBAL IMMUNITY.

11 ‘‘Nothing in this Act shall be construed to affect,

12 modify, diminish, or otherwise impair the sovereign immu13 nity from suit enjoyed by Indian tribes.’’.

14 SEC. 12. INDIAN HEALTH AMENDMENT.

15 Section 4(n) of the Indian Health Care Improvement

16 Act (25 U.S.C. 1603(n)) is amended to read as follows:

17 ‘‘(n) ‘Health profession’ means allopathic medicine,

18 family medicine, internal medicine, pediatrics, geriatric

19 medicine, obstetrics and gynecology, podiatric medicine,

20 nursing, public health nursing, dentistry, psychiatry, oste21 opathy, optometry, pharmacy, psychology, public health,

22 social work, marriage and family therapy, chiropractic

23 medicine, environmental health and engineering, allied

24 health professions, and other health professions.’’.
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1 SEC. 13. SAN CARLOS APACHE WATER RIGHTS SETTLE2 MENT ACT OF 1992.

3 Section 3711(b)(1) of title XXXVII of the San Carlos

4 Apache Tribe Water Rights Settlement Act of 1992 (106

5 Stat. 4752) is amended by striking out ‘‘December 31,

6 1994’’ and inserting in lieu thereof ‘‘December 31, 1995’’.

7 SEC. 14. RELATIONSHIP BETWEEN BUY INDIAN ACT AND

8 MENTOR-PROTEGE PROGRAM.

9 Section 23 of the Act of June 25, 1910 (36 Stat.

10 861; 25 U.S.C. 47; commonly referred to as the ‘‘Buy In11 dian Act’’), is amended by adding at the end the following:

12 ‘‘Participation in the Mentor-Protege Program established

13 under section 831 of Public Law 101–510 or receipt of

14 assistance pursuant to any developmental assistance

15 agreement authorized under such program does not render

16 Indian labor or Indian industry ineligible to receive any

17 assistance authorized under this proviso. For the purposes

18 of this proviso, (i) no determination of affiliation or con19 trol (either direct or indirect) may be found between a pro20 tege firm and its mentor firm on the basis that the mentor

21 firm has agreed to furnish (or has furnished) to its protege

22 firm pursuant to a mentor-protege agreement any form

23 of developmental assistance described in subsection (f) of

24 such section, and (ii) the terms ‘protege firm’ and ‘mentor

25 firm’ have the meaning given such terms in subsection (c)

26 of such section 831.’’.
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1 SEC. 15. ACQUISITION OF LANDS ON WIND RIVER RESERVA2 TION.

3 (a) AUTHORITY TO HOLD LANDS IN TRUST FOR THE

4 INDIVIDUAL TRIBE.—The Secretary of the Interior is

5 hereby authorized to acquire individually in the name of

6 the United States in trust for the benefit of the Eastern

7 Shoshone Tribe of the Wind River Reservation or the

8 Northern Arapaho Tribe of the Wind River Reservation,

9 as appropriate, lands or other rights when the individual

10 assets of only one of the tribes is used to acquire such

11 lands or other rights.

12 (b) LANDS REMAIN PART OF JOINT RESERVATION

13 SUBJECT TO EXCLUSIVE TRIBAL CONTROL.—Any lands

14 acquired under subsection (a) within the exterior bound15 aries of the Wind River Reservation shall remain a part

16 of the Reservation and subject to the joint tribal laws of

17 the Reservation, except that the lands so acquired shall

18 be subject to the exclusive use and control of the tribe

19 for which such lands were acquired.

20 (c) INCOME.—The income from lands acquired under

21 subsection (a) shall be credited to the Tribe for which such

22 lands were acquired.

23 (d) SAVINGS PROVISION.—Nothing in this section

24 shall be construed to prevent the joint acquisition of lands

25 for the benefit of the Eastern Shoshone Tribe of the Wind
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1 River Reservation and the Northern Arapaho Tribe of the

2 Wind River Reservation.

Passed the House of Representatives August 16,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.