Union Calendar No. 386

103D CONGRESS

2D SESSION H. R. 4709

[Report No. 103–704]

A BILL

To make certain technical corrections, and for other

purposes.

AUGUST 16, 1994

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. 386

103D CONGRESS

2D SESSION H. R. 4709

[Report No. 103–704]

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

AUGUST 16, 1994

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 June 30, 1994]

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,
2

•HR 4709 RH

1 SECTION 1. LEASING AUTHORITY OF THE INDIAN PUEBLO

2 FEDERAL DEVELOPMENT CORPORATION.

3 Notwithstanding the provisions of section 17 of the Act

4 of June 18, 1934 (25 U.S.C. 477), the Indian Pueblo Fed5 eral Development Corporation, whose charter was issued

6 pursuant to such section by the Secretary of the Interior

7 on January 15, 1993, shall have the authority to lease or

8 sublease trust or restricted Indian lands for up to 50 years.

9 SEC. 2. GRAND RONDE RESERVATION ACT.

10 (a) LANDS DESCRIBED.—Section 1 of the Act entitled

11 ‘‘An Act to establish a reservation for the Confederated

12 Tribes of the Grand Ronde Community of Oregon, and for

13 other purposes’’, approved September 9, 1988 (102 Stat.

14 1594), is amended—

15 (1) in subsection (c)—

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

17 ‘‘10,120.68’’; and

18 (B) by striking all after

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

19 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.’’;

20 and
3

•HR 4709 RH

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

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

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

4 lands within the State of Oregon based upon recog5 nized title to the Grand Ronde Indian Reservation es6 tablished by the Executive order of June 30, 1857,

7 pursuant to treaties with the Kalapuya, Molalla, and

8 other tribes, or any part thereof by the Confederated

9 Tribes of the Grand Ronde Community of Oregon, or

10 any predecessor or successor in interest, are hereby ex11 tinguished, and any transfers pursuant to the Act of

12 April 28, 1904 (Chap. 1820; 33 Stat. 567) or other

13 statute of the United States, by, from, or on behalf of

14 the Confederated Tribes of the Grand Ronde Commu15 nity of Oregon, or any predecessor or successor inter16 est, shall be deemed to have been made in accordance

17 with the Constitution and all laws of the United

18 States that are specifically applicable to transfers of

19 lands or natural resources from, by, or on behalf of

20 any Indian, Indian nation, or tribe of Indians (in21 cluding, but not limited to, the Trade and Intercourse

22 Act of 1790 (Act of July 22, 1790; 25 U.S.C. 177, ch.

23 33, sec. 4; 1 Stat. 137)).

24 ‘‘(2) LIABILITY.—The Tribe shall assume respon25 sibility for lost revenues, if any, to any county be-
4

•HR 4709 RH

1 cause of the transfer of revested Oregon and Califor2 nia Railroad grant lands in section 30, Township 4

3 South, Range 7 West.’’.

4 (b) CIVIL AND CRIMINAL JURISDICTION.—Section 3 of

5 such Act (102 Stat. 1595) is amended by adding at the end

6 the following: ‘‘Such exercise shall not affect the Tribe’s con7 current jurisdiction over such matters.’’.

8 SEC. 3. CONFEDERATED TRIBES OF THE SILETZ INDIANS

9 OF OREGON.

10 Section 2 of the Act of September 4, 1980 (Public Law

11 96–340; 94 Stat. 1072) is amended—

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

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

14 ‘‘(b)(1) The Secretary of the Interior, acting at the re15 quest of the Confederated Tribes of the Siletz Indians of Or16 egon, shall accept (subject to all valid rights-of-way and

17 easements existing on the date of such request) any appro18 priate warranty deed conveying to the United States in

19 trust for the Confederated Tribes of Siletz Indians of Or20 egon, contingent upon payment of all accrued and unpaid

21 taxes, the following parcels of land located in Lincoln Coun22 ty, State of Oregon:

23 ‘‘(A) In Township 10 South, Range 8 West, Wil24 lamette Meridian—
5

•HR 4709 RH

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

2 northeast quarters of section 7 consisting of

3 208.50 acres, more or less, conveyed to the Tribe

4 by warranty deed from John J. Jantzi and

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

6 ‘‘(ii) 3 tracts of land in section 7 consisting

7 of 18.07 acres, more or less, conveyed to the Tribe

8 by warranty deed from John J. Jantzi and

9 Erma M. Jantzi on March 30, 1990.

10 ‘‘(B) In Township 10 South, Range 10 West,

11 Willamette Meridian—

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

13 a portion of United States Government Lot 31

14 lying west and south of the Siletz River, consist15 ing of 15.29 acres, more or less, conveyed to the

16 Tribe by warranty deed from Patrick J. Collson

17 and Patricia Ann Collson on February 27, 1991;

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

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

20 conveyed to the Tribe by contract of sale from

21 Gladys M. Faulkner on December 9, 1987;

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

23 portions of the north one-half of United States

24 Government Lot 15, consisting of 7.34 acres,

25 more or less, conveyed to the Tribe by contract
6

•HR 4709 RH

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

2 Hursh on December 9, 1987;

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

4 a portion of the north one-half of Government

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

6 conveyed to the Tribe by warranty deed from

7 Steve Jebert and Elizabeth Jebert on December

8 1, 1987;

9 ‘‘(v) a tract of land in the southwest quarter

10 of the northwest quarter of section 9, consisting

11 of 3.45 acres, more or less, conveyed to the Tribe

12 by warranty deed from Eugenie Nashif on July

13 11, 1988; and

14 ‘‘(vi) a tract of land in section 10, includ15 ing United States Government Lot 8 and por16 tions of United States Government Lot 7, con17 sisting of 29.93 acres, more or less, conveyed to

18 the Tribe by warranty deed from Doyle Grooms

19 on August 6, 1992.

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

21 the northeast quarter of section 3, Township 7 South,

22 Range 11 West, Willamette Meridian, a tract of land

23 comprising Lots 58, 59, 63, and 64, Lincoln Shore

24 Star Resort, Lincoln City, Oregon.
7

•HR 4709 RH

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

2 together with the following tracts of lands which have been

3 conveyed to the United States in trust for the Confederated

4 Tribes of Siletz Indians of Oregon—

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

6 South, Range 10 West, Willamette Meridian, includ7 ing portions of United States Government Lots 25,

8 26, 27, and 28, consisting of 49.35 acres, more or less,

9 conveyed by the Siletz Tribe to the United States in

10 trust for the Tribe on March 15, 1986; and

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

12 South, Range 10 West, Willamette Meridian, includ13 ing United States Government Lot 33, consisting of

14 2.27 acres, more or less, conveyed by warranty deed

15 to the United States in trust for the Confederated

16 Tribes of Siletz Indians of Oregon from Harold D.

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

18 shall be subject to the limitations and provisions of sections

19 3, 4, and 5 of this Act and shall be deemed to be a restora20 tion of land pursuant to section 7 of the Siletz Indian Tribe

21 Restoration Act (91 Stat. 1415; 25 U.S.C. 711(e)).

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

23 United States should not incur any liability for conditions

24 on any parcels of land taken into trust under this section.
8

•HR 4709 RH

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

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

3 of the Interior shall convey such parcels and publish a de4 scription of such lands in the Federal Register.’’.

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

6 PUEBLO

7 (a) RATIFICATION.—The transfer of the land described

8 in subsection (b), together with fixtures thereon, on July

9 12, 1991, by the Ysleta Del Sur Pueblo is hereby ratified

10 and shall be deemed to have been made in accordance with

11 the Constitution and all laws of the United States that are

12 specifically applicable to transfers of land from, by, or on

13 behalf of any Indian, Indian nation, or tribe or band of

14 Indians (including section 2116 of the Revised Statutes (25

15 U.S.C. 177)) as if Congress had given its consent prior to

16 the transfer.

17 (b) LANDS DESCRIBED.—The lands referred to in sub18 section (a) are more particularly described as follows: Tract

19 1–B–1 (1.9251 acres) and Tract 1–B–2–A (0.0748 acres),

20 Block 2 San Elizario, El Paso County, Texas.

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

22 The second sentence of subsection (a) of the first section

23 of the Act of August 9, 1955 (25 U.S.C. 415(a)), is amended

24 by inserting ‘‘the Viejas Indian Reservation,’’ after ‘‘Soboba

25 Indian Reservation,’’.
9

•HR 4709 RH

1 SEC. 6. WIND RIVER INDIAN IRRIGATION PROJECT.

2 Funds appropriated for construction of the Wind

3 River Indian Irrigation Project in fiscal year 1990 (Public

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

5 fiscal year 1992 (Public Law 102–154) shall be made avail6 able on a nonreimbursable basis.

7 SEC. 7. REIMBURSEMENT OF COSTS INCURRED BY GILA

8 RIVER INDIAN COMMUNITY FOR CERTAIN

9 RECLAMATION CONSTRUCTION.

10 The Secretary of the Interior is authorized to pay

11 $1,842,205 to the Gila River Indian Community as reim12 bursement for the costs incurred by the Gila River Indian

13 Community for construction allocated to irrigation on the

14 Sacaton Ranch that would have been nonreimbursable if

15 such construction had been performed by the Bureau of Rec16 lamation under section 402 of the Colorado River Basin

17 Project Act (43 U.S.C. 1542).

18 SEC. 8. RECONVEYANCE OF CERTAIN EXCESS LANDS.

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

20 and Fox Nation of Oklahoma has determined the lands de21 scribed in subsection (b) to be excess to their needs and

22 should be returned to the original Indian grantors or their

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

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

25 of its interest in the lands described in subsection (b).
10

•HR 4709 RH

1 (b) PERSONS AND LANDS.—The lands and individuals

2 referred to in subsection (a) are as follows:

3 (1) To the United States of America in trust for

4 Sadie Davis, now Tyner, or her heirs or devisees, the

Surface and Surface Rights only in and to the SE1 5 ⁄4

SE1⁄4 SE1⁄4 SE1 6 ⁄4 of Section 28, Township 17 North,

7 Range 6 East of the Indian Meridian, Lincoln Coun8 ty, Oklahoma, containing 2.50 acres, more or less.

9 (2) To the United States of America in trust for

10 Mabel Wakole, or her heirs or devisees, the Surface

and Surface Rights only in and to the NE1⁄4 NE1 11 ⁄4

of Lot 6 of NW1 12 ⁄4 of Section 14, Township 11 North,

13 Range 4 East of the Indian Meridian, Pottawatomie

14 County, Oklahoma, containing 2.50 acres, more or

15 less.

16 SEC. 9. TITLE I OF THE ACT OF JANUARY 12, 1983, PERTAIN17 ING TO THE DEVILS LAKE SIOUX TRIBE.

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

19 of January 12, 1983 (96 Stat. 2515) is amended by striking

20 out ‘‘of the date of death of the decedent’’ and inserting in

21 lieu thereof ‘‘after the date on which the Secretary’s deter22 mination of the heirs of the decedent becomes final’’.

23 SEC. 10. NORTHERN CHEYENNE LAND TRANSFER.

24 (a) IN GENERAL.—Notwithstanding any contrary pro25 vision of law, the Secretary of the Interior or his authorized
11

•HR 4709 RH

1 representative (‘‘Secretary’’) is hereby authorized and di2 rected to transfer by deed to Lame Deer High School Dis3 trict No. 6, Rosebud County, Montana (‘‘School District’’),

4 all right, title, and interest of the United States and the

5 Northern Cheyenne Tribe (‘‘Tribe’’) in and to the lands de6 scribed below (‘‘Subject Lands’’), to be held and used by

7 the School District for the exclusive purpose of constructing

8 and operating thereon a public high school and related fa9 cilities. The Subject Lands consist of a tract of approxi10 mately 40 acres within the Northern Cheyenne Indian Res11 ervation, more particularly described as follows:

A tract of land located in the W1⁄2 SE1⁄4 and the E1 12 ⁄2

SW1 13 ⁄4 of Section 10, Township 3 South, Range 41

14 East, M.P.M., described as follows: Beginning at the

south 1 15 ⁄4 corner of said Section 10, thence south 89

16 degrees 56 minutes west 393.31 feet on and along the

17 south line of said Section 10 to the true point of be18 ginning, thence south 89 degrees 56 minutes west

19 500.0 feet on and along said Section line, thence

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

21 north 54 degrees 9 minutes 22 seconds east 2382.26

22 feet, thence south 23 degrees 44 minutes 21 seconds

23 east 622.56 feet, thence south 51 degrees 14 minutes

24 40 seconds west 2177.19 feet to the true point of be25 ginning, containing in all 40.0 acres, more or less.
12

•HR 4709 RH

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

2 section shall provide that—

3 (A) title to all coal and other minerals, includ4 ing oil, gas, and other natural deposits, within the

5 Subject Lands shall remain in the Secretary in trust

6 for the Tribe, as provided in the Act of July 24, 1968

7 (82 Stat. 424);

8 (B) the Subject Lands may be used for the pur9 pose of constructing and operating a public high

10 school and related facilities thereon, and for no other

11 purpose;

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

13 all liens and encumbrances, shall automatically revert

14 to the Secretary in trust for the Tribe, and the deed

15 shall be of no further force or effect, if, within eight

16 years of the date of the deed, classes have not com17 menced in a permanent public high school facility es18 tablished on the Subject Lands, or if such classes com19 mence at the facility within such eight-year period,

20 but the facility subsequently permanently ceases oper21 ating as a public high school; and

22 (D) at any time after the conclusion of the cur23 rent litigation (including all trial and, if any, appel24 late proceedings) challenging the November 9, 1993,

25 decision of the Superintendent of Public Instruction
13

•HR 4709 RH

1 for the State of Montana granting the petition to cre2 ate the School District, and with the prior approval

3 of the Superintendent of Public Instruction (‘‘Super4 intendent’s approval’’), the Tribe shall have the right

5 to replace the deed with a lease covering the Subject

6 Lands issued under the Act of August 9, 1955, as

7 amended (25 U.S.C. 415(a)) having a term of 25

8 years, with a right to renew for an additional 25

9 years.

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

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

12 District for the exclusive purpose of constructing and oper13 ating a public high school and related facilities thereon. The

14 lease shall terminate if, within eight years of the date of

15 the deed, classes have not commenced in a permanent public

16 high school facility established on the Subject Lands, or if

17 such classes commence at the facility within such eight-year

18 period, but the facility subsequently permanently ceases op19 erating as a public high school. In the event the Tribe seeks

20 and obtains the Superintendent’s Approval, it may tender

21 a lease, signed by the Tribe and approved by the Secretary,

22 which complies with the provisions of this subsection. Upon

23 such tender, the deed shall be of no further force or effect,

24 and, subject to the leasehold interest offered to the School

25 District, title to the Subject Lands, free and clear of all
14

•HR 4709 RH

1 liens and encumbrances, shall automatically revert to the

2 Secretary in trust for the Tribe. The Tribe may at any time

3 irrevocably relinquish the right provided to it under this

4 subsection by resolution of the Northern Cheyenne Tribal

5 Council explicitly so providing.

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

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

8 section, the School District, and any party who may subse9 quently acquire any right, title, or interest of any kind

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

11 School District, shall be subject to, be bound by, and comply

12 with all terms and conditions set forth in subparagraphs

13 (A) through (D) of subsection (b)(1).

14 SEC. 11. INDIAN AGRICULTURE AMENDMENT.

15 (a) LEASING OF INDIAN AGRICULTURAL LANDS.—Sec16 tion 105 of the American Indian Agriculture Resource Man17 agement Act (25 U.S.C. 3701 et seq.) is amended—

18 (1) in subsection (b)—

19 (A) by striking ‘‘and’’ at the end of para20 graph (3);

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

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

23 (C) by adding at the end the following:
15

•HR 4709 RH

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

2 owned agricultural lands at rates determined by the

3 tribal governing body.’’; and

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

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

6 shall be construed as limiting or altering the author7 ity or right of an individual allottee or Indian tribe

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

9 land or to enter into an agricultural lease of the sur10 face interest of his, her, or its allotment or land under

11 any other provision of law.’’.

12 (b) TRIBAL IMMUNITY.—The American Indian Agri13 culture Resource Management Act (25 U.S.C. 3701 et seq.)

14 is amended by adding at the end the following:

15 ‘‘SEC. 306. TRIBAL IMMUNITY.

16 ‘‘Nothing in this Act shall be construed to affect, mod17 ify, diminish, or otherwise impair the sovereign immunity

18 from suit enjoyed by Indian tribes.’’.

19 SEC. 12. INDIAN HEALTH AMENDMENT.

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

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

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

23 family medicine, internal medicine, pediatrics, geriatric

24 medicine, obstetrics and gynecology, psychiatry, osteopathy,

25 optometry, pharmacy, psychology, public health, social
16

•HR 4709 RH

1 work, marriage and family therapy, chiropractic medicine,

2 environmental health and engineering, allied health profes3 sions, and other health professions.’’.

4 SEC. 13. SAN CARLOS APACHE WATER RIGHTS SETTLEMENT

5 ACT OF 1992.

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

7 Apache Tribe Water Rights Settlement Act of 1992 (106

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

9 1994’’ and inserting in lieu thereof ‘‘December 31, 1995’’.

10 SEC. 14. RELATIONSHIP BETWEEN BUY INDIAN ACT AND

11 MENTOR-PROTEGE PROGRAM.

12 Section 23 of the Act of June 25, 1910 (36 Stat. 861;

13 25 U.S.C. 47; commonly referred to as the ‘‘Buy Indian

14 Act’’), is amended by adding at the end the following: ‘‘Par15 ticipation in the Mentor-Protege Program established under

16 section 831 of Public Law 101–510 or receipt of assistance

17 pursuant to any developmental assistance agreement au18 thorized under such program does not render Indian labor

19 or Indian industry ineligible to receive any assistance au20 thorized under this proviso. For the purposes of this proviso,

21 (i) no determination of affiliation or control (either direct

22 or indirect) may be found between a protege firm and its

23 mentor firm on the basis that the mentor firm has agreed

24 to furnish (or has furnished) to its protege firm pursuant

25 to a mentor-protege agreement any form of developmental
17

•HR 4709 RH

1 assistance described in subsection (f) of such section, and

2 (ii) the terms ‘protege firm’ and ‘mentor firm’ have the

3 meaning given such terms in subsection (c) of such section

4 831.’’.

5 SEC. 15. ACQUISITION OF LANDS ON WIND RIVER RESERVA6 TION.

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

8 INDIVIDUAL TRIBE.—The Secretary of the Interior is hereby

9 authorized to acquire individually in the name of the Unit10 ed States in trust for the benefit of the Eastern Shoshone

11 Tribe of the Wind River Reservation or the Northern Arap12 aho Tribe of the Wind River Reservation, as appropriate,

13 lands or other rights when the individual assets of only one

14 of the tribes is used to acquire such lands or other rights.

15 (b) LANDS REMAIN PART OF JOINT RESERVATION

16 SUBJECT TO EXCLUSIVE TRIBAL CONTROL.—Any lands ac17 quired under subsection (a) within the exterior boundaries

18 of the Wind River Reservation shall remain a part of the

19 Reservation and subject to the joint tribal laws of the Res20 ervation, except that the lands so acquired shall be subject

21 to the exclusive use and control of the tribe for which such

22 lands were acquired.

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

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

25 lands were acquired.
18

•HR 4709 RH

1 (d) SAVINGS PROVISION.—Nothing in this section shall

2 be construed to prevent the joint acquisition of lands for

3 the benefit of the Eastern Shoshone Tribe of the Wind River

4 Reservation and the Northern Arapaho Tribe of the Wind

5 River Reservation.

HR 4709 RH——2