I

103D CONGRESS

2D SESSION H. R. 4709

To make certain technical corrections, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 30, 1994

Mr. RICHARDSON (for himself and Mr. THOMAS of Wyoming) introduced the

following bill; which was referred to the Committee on Natural Resources

A BILL

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 ‘‘9,811.32’’ and inserting

9 ‘‘10,239.65’’; and

10 (B) by striking all after ‘‘5 8 17 All

11 5.55’’ and inserting in lieu thereof the follow12 ing:

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

6 8 1 S1⁄2E1⁄2,SE1⁄4SW1⁄4 9.00

6 7 8 Tax lot 800 5.55

4 7 30 W1⁄2 320.0

4 7 30 SW1⁄4NE1⁄4 40.0

Total ............................................ 10,239.65.’’;

13 and

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

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

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

17 lands within the State or Oregon based upon recog18 nized title to the Grand Ronde Indian Reservation

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

20 pursuant to treaties with the Kalapuya, Molalla, and

21 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 United States and the

17 Tribe shall share equally liability for lost revenues,

18 if any, to any county because of the transfer of

19 revested Oregon and California Railroad grant lands

20 in section 30, Township 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 liens, rights10 of-way, licenses, leases, permits, and easements existing

11 on the date of such request) any deed or other instrument

12 conveying to the United States in trust for the Confed13 erated Tribes of Siletz Indians of Oregon the following

14 parcels of land located in Lincoln County, State of Oregon:

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

16 Willamette Meridian—

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

18 the northeast quarters of section 7 consisting of

19 208.50 acres, more or less, conveyed to the

20 Tribe by warranty deed from John J. Jantzi

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

22 ‘‘(ii) 3 tracts of land in section 7 consist23 ing of 18.07 acres, more or less, conveyed to

24 the Tribe by warranty deed from John J.

25 Jantzi and Erma M. Jantzi on March 30, 1990,

26 and
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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; and

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 Allridge 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.

12 ‘‘(3) As soon as practicable after the transfer of the

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

14 of the Interior shall convey such parcels and publish a de15 scription of such lands in the Federal Register.’’.

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

17 PUEBLO.

18 (a) RATIFICATION.—The transfer of the land de19 scribed in subsection (b), together with fixtures thereon,

20 on July 12, 1991, by the Ysleta Del Sur Pueblo is hereby

21 ratified and shall be deemed to have been made in accord22 ance with the Constitution and all laws of the United

23 States that are specifically applicable to transfers of land

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

25 tribe or band of Indians (including section 2116 of the
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1 Revised Statutes (25 U.S.C. 177)) as if Congress had

2 given its consent prior to the transfer.

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

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

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

6 (0.0748 acres), Block 2 San Elizario, El Paso Coun7 ty, Texas.

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

9 The second sentence of subsection (a) of the first sec10 tion of the Act of August 9, 1955 (25 U.S.C. 415(a)),

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

12 after ‘‘Soboba Indian Reservation,’’.

13 SEC. 6. WIND RIVER INDIAN IRRIGATION PROJECT.

14 Funds appropriated for construction of the Wind

15 River Indian Irrigation Project in fiscal year 1990 (Public

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

17 fiscal year 1992 (Public Law 102–154), and hereafter

18 shall be made available on a nonreimbursable basis.

19 SEC. 7. REIMBURSEMENT OF COSTS INCURRED BY GILA

20 RIVER FARMS FOR CERTAIN RECLAMATION

21 CONSTRUCTION.

22 The Secretary of the Interior is authorized to pay

23 $1,842,205 to the Gila River Farms as reimbursement for

24 the costs incurred by the Gila River Farms for construc25 tion allocated to irrigation on the Sacaton Ranch that
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1 would have been nonreimbursable if such construction had

2 been performed by the Bureau of Reclamation under sec3 tion 402 of the Colorado River Basin Project Act (43

4 U.S.C. 1542).

5 SEC. 8. RECONVEYANCE OF CERTAIN EXCESS LANDS.

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

7 and Fox Nation of Oklahoma has determined the lands

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

9 should be returned to the original grantors or their heirs.

10 The Secretary of the Interior shall convey, without consid11 eration, to the persons as specified in subsection (b), all

12 right, title, and interest of the United States in and to

13 the lands described in subsection (b).

14 (b) PERSONS AND LANDS.—The lands and individ15 uals referred to in subsection (a) are as follows:

16 (1) To Sadie Davis, now Tyner, or her heirs or

17 devisees, the lands in Lincoln County, Oklahoma, described as the SE1⁄4SE1⁄4SE1⁄4SE1 18 ⁄4 of Section 28,

19 Township 17 North of Range 6 East, containing two

20 and one half acres, more or less.

21 (2) To Mabel Wakole, or her heirs, the lands in

22 Pottawatomie County, Oklahoma, described as the

NE1⁄4NE1⁄4 of Lot 6 of NW1 23 ⁄4 of Section 14, Town24 ship 11 North, Range 4 East, containing 2.50 acres.
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1 SEC. 9. TITLE I OF THE ACT OF JANUARY 12, 1983, PERTAIN2 ING TO THE DEVILS LAKE SIOUX TRIBE.

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

4 of January 12, 1983 (96 Stat. 2515) is amended by strik5 ing out ‘‘of the date of death of the decedent’’ and insert6 ing in lieu thereof ‘‘after the date on which the Secretary’s

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

8 SEC. 10. NORTHERN CHEYENNE LAND TRANSFER.

9 (a) IN GENERAL.—Notwithstanding any contrary

10 provision of law, the Secretary of the Interior or his au11 thorized representative (‘‘Secretary’’) is hereby authorized

12 and directed to transfer by patent to Lame Deer High

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

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

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

16 lands described below (‘‘Subject Lands’’), to be held and

17 used by the School District for the exclusive purpose of

18 constructing and operating thereon a public high school

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

20 of approximately 40 acres within the Northern Cheyenne

21 Indian Reservation, more particularly described as follows:

A tract of land located in the W1⁄2 SE1 22 ⁄4 and the

E1⁄2 SW1 23 ⁄4 of Section 10, Township 3 South, Range

24 41 East, M.P.M., described as follows: Beginning at

the south 1 25 ⁄4 corner of said Section 10, thence south

26 89 degrees 56 minutes west 393.31 feet on and
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1 along the south line of said Section 10 to the true

2 point of beginning, thence south 89 degrees 56 min3 utes west 500.0 feet on and along said Section line,

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

5 thence north 54 degrees 9 minutes 22 seconds east

6 2382.26 feet, thence south 23 degrees 44 minutes

7 21 seconds east 622.56 feet, thence south 51 de8 grees 14 minutes 40 seconds west 2177.19 feet to

9 the true point of beginning, containing in all 40.0

10 acres, more or less.

11 (b) PATENT AND LEASE.—The patent issued under

12 this section shall provide that—

13 (1) title to all coal and other minerals, includ14 ing oil, gas, and other natural deposits, within the

15 Subject Lands shall remain in the Secretary in trust

16 for the Tribe, as provided in the Act of July 24,

17 1968 (82 Stat. 424);

18 (2) the Subject Lands may be used for the pur19 pose of constructing and operating a public high

20 school and related facilities thereon, and for no other

21 purpose;

22 (3) title to the Subject Lands, free and clear of

23 all liens and encumbrances, shall automatically re24 vert to the Secretary in trust for the Tribe, and the

25 patent shall be of no further force or effect, if, with-
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1 in eight years of the date of the patent, classes have

2 not commenced in a permanent public high school

3 facility established on the Subject Lands, or if such

4 classes commence at the facility within such eight5 year period, but the facility subsequently perma6 nently ceases operating as a public high school; and

7 (4) at any time after the conclusion of the cur8 rent litigation (including all trial and, if any, appel9 late proceedings) challenging the November 9, 1993,

10 decision of the Superintendent of Public Instruction

11 for the State of Montana granting the petition to

12 create the School District, and with the prior ap13 proval of the Superintendent of Public Instruction

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

15 the right to replace the patent with a lease covering

16 the Subject Lands issued under the Act of August

17 9, 1955, as amended (25 U.S.C. 415(a)) having a

18 term of 25 years, with a right to renew for an addi19 tional 25 years.

20 Under such lease, the Subject Lands shall be leased rent

21 free to the School District for the exclusive purpose of con22 structing and operating a public high school and related

23 facilities thereon. The lease shall terminate if, within eight

24 years of the date of the patent, classes have not com25 menced in a permanent public high school facility estab-
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1 lished on the Subject Lands, or if such classes commence

2 at the facility within such eight-year period, but the facil3 ity subsequently permanently ceases operating as a public

4 high school. In the event the Tribe seeks and obtains the

5 Superintendent’s Approval, it may tender a lease, signed

6 by the Tribe and approved by the Secretary, which com7 plies with the provisions of this subsection. Upon such ten8 der, the patent shall be of no further force or effect, and,

9 subject to the leasehold interest offered to the School Dis10 trict, title to the Subject Lands, free and clear of all liens

11 and encumbrances, shall automatically revert to the Sec12 retary in trust for the Tribe. The Tribe may at any time

13 irrevocably relinquish the right provided to it under this

14 subsection by resolution of the Northern Cheyenne Tribal

15 Council explicitly so providing.

16 (c) EFFECT OF ACCEPTANCE OF PATENT.—Upon the

17 School District’s acceptance of a patent delivered under

18 this section, the School District, and any party who may

19 subsequently acquire any right, title, or interest of any

20 kind whatsoever in or to the Subject Lands by or through

21 the School District, shall be subject to, be bound by, and

22 comply with all terms and conditions set forth in para23 graphs (1) through (4) of subsection (b).
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1 SEC. 11. INDIAN AGRICULTURE AMENDMENT.

2 (a) LEASING OF INDIAN AGRICULTURAL LANDS.—

3 Section 105 of the American Indian Agriculture Resource

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

5 (1) in subsection (b)—

6 (A) by striking ‘‘and’’ at the end of para7 graph (3);

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

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

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

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

12 owned agricultural lands at rates determined by the

13 tribal governing body.’’; and

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

15 (1) to read as follows: ‘‘(1) Nothing in this section

16 shall be construed as limiting or altering the author17 ity or right of an individual allottee or Indian tribe

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

19 land or to enter into an agricultural lease of the sur20 face interest of his, her, or its allotment or land

21 under any other provision of law.’’.

22 (b) TRIBAL IMMUNITY.—The American Indian Agri23 culture Resource Management Act (25 U.S.C. 3701 et

24 seq.) is amended by adding at the end the following:
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1 ‘‘SEC. 306. TRIBAL IMMUNITY.

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

3 modify, diminish, or otherwise impair the sovereign immu4 nity from suit enjoyed by Indian tribes.’’.

5 SEC. 12. INDIAN HEALTH AMENDMENT.

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

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

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

9 family medicine, internal medicine, pediatrics, geriatric

10 medicine, obstetrics and gynecology, psychiatry, osteop11 athy, optometry, pharmacy, psychology, public health, so12 cial work, marriage and family therapy, chiropractic medi13 cine, environmental health and engineering, allied health

14 professions, and other health professions.’’.

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