29–006

108TH CONGRESS REPT. 108–374 " HOUSE OF REPRESENTATIVES ! 1st Session Part 1

NATIVE AMERICAN TECHNICAL CORRECTIONS ACT OF 

2003

NOVEMBER 17, 2003.—Ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany S. 523] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill (S. 

523) to make technical corrections to laws relating to Native Americans, and for other purposes, having considered the same, report 

favorably thereon without amendment and recommend that the bill 

do pass. 

PURPOSE OF THE BILL

The purpose of S. 523 is to make technical corrections to law relating to Native Americans, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

S. 523 makes technical changes to Indian laws relating to tribal 

sovereignty, culture, and economic development potential. These 

changes include the extension of several expiring authorizations, 

amending provisions and statutes relating to particular Indian 

tribes, and modifying certain Native American programs. The following is a short summary of the major sections of the bill: 

• Section 101 extends the authority of the Bosque Redondo Memorial Act from fiscal year 2000 to fiscal year 2004 and extends the 

authorization for appropriations through fiscal year 2006. 

• Section 102 extends the authority of programs authorized by 

the Navajo-Hopi Land Settlement Act of 1974 through fiscal year 

2006. 

• Section 103 clarifies that Indian tribes that accepted the Indian Reorganization Act are not required to adopt constitutions 

2

pursuant to that law and are free to organize their governing bodies in a manner that they determine. 

• Section 104 amends the Cow Creek Band of Umpqua Tribe Indians Recognition Act to clarify that lands shall be treated as onreservation land for the purpose of processing acquisitions of real 

property into trust. 

• Section 105 amends the Pueblo de Cochiti settlement regarding 

the proper use of settlement funds. 

• Section 106 reauthorizes the Four Corners Interpretive Center 

Act through fiscal year 2008. 

• Section 107 corrects the legal descriptions for certain lands already placed into trust and reservation status for the Mississippi 

Band of Choctaw Indians. 

• Section 108 adds Celilo Indian Village to legislation that authorizes the Army Corps of Engineers to rehabilitate existing fishing sites. 

• Section 121 authorizes the Barona Band of Mission Indians to 

take land into trust for the purpose of building a water pipeline to 

assist both the federal and local fire service. 

• Section 122 requires the Secretary of Agriculture to convey to 

the relevant Alaskan Native corporations all artifacts, physical remains, and copies of any available field records. 

• Section 123 authorizes Secretary of the Interior to acquire land 

and subsurface rights within the boundaries of the Acoma Indian 

Reservation. 

• Section 124 authorizes the Secretary of the Interior to conduct 

a water source, quantity and quality feasability study for the 

Quinault Indian Nation. 

• Section 125 authorizes a feasibility study to determine the 

most feasible method of developing an industrial water plant for 

the Santee Sioux Tribe. 

• Section 126 authorizes the Shakopee Tribe to sell, lease, convey, or warrant lands it holds in fee.

• Section 127 authorizes the Department of the Interior to take 

land into trust for the Agua Caliente Band of Cahuilla Indians and 

extinguishes the restrictive covenant attached to that parcel. 

• Section 128 adds the Saginaw Chippewa Tribal College to the 

list of eligible institutions under the Equity in Educational Land 

Grant Status Act of 1994. 

• Section 129 exempts mineral and development activity on certain lands held in trust by the Ute Indian Tribe to execute resource 

development contracts with third parties. 

• Title II deals with the Pueblo of Santa Clara and Pueblo of 

San Ildefonso, to wit: 

• Section 201 defines the terms ‘‘agreement,’’ ‘‘boundary line,’’

‘‘Governors,’’ ‘‘Indian Tribe,’’ ‘‘Pueblos,’’ and ‘‘Trust Land.’’

• Section 202 declares rights, title, and interest in certain lands 

to be held in trust for the Pueblo of Santa Clara. 

• Section 203 declares, rights, title, and interest in certain lands 

to be held in trust for the Pueblo of San Ildefonso. 

• Section 204 directs the Bureau of Land Management to conduct a survey of boundary lines. 

• Section 205 declares that the lands taken into trust for the two 

Pueblos are part of their reservations. 

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• Section 206 provides for protection against existing rights to 

reservation lands. 

• Section 207 states that lands mentioned in Title II may not be 

used for gaming. 

• Title III deals with the distribution of Quinault Permanent 

Fisheries Funds, to wit: 

• Section 301 provides for the distribution of judgment funds 

awarded to the Quinault Indian Nation. 

• Section 302 states that the judgment funds should be dispersed 

to the Quinault Indian Nation not later than 30 days after enactment of S. 523. 

COMMITTEE ACTION

S. 523 was introduced on March 5, 2003, by Senator Ben 

Nighthorse Campbell. It passed the Senate on July 30, 2003. The 

bill was referred to the Committee on Resources. On October 29, 

2003, the Full Resources Committee met to consider the bill. No 

amendments were offered and the bill was ordered favorably reported to the House of Representatives by unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in tax expenditures. According 

to the Congressional Budget Office (CBO), enactment of this bill 

could result in foregone offsetting receipts (a credit against direct 

spending) from lands which would be taken into trust for the Pueblo of Santa Clara and the Pueblo of San Ildefonso. However, CBO 

concludes that ‘‘enacting S. 523 would result in no significant direct 

spending effects.’’

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

4

of this bill is to make technical corrections to law relating to Native 

Americans, and for other purposes. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, November 3, 2003. 

Hon. RICHARD W. POMBO, 

Chairman, Committee on Resources, 

House of Representatives, Washington, DC 20515

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 523, the Native American 

Technical Corrections Act of 2003. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Lanette J. Walker. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, Director. 

Enclosure. 

S. 523—Native American Technical Corrections Act of 2003

Summary: S. 523 would authorize appropriations for various programs that affect Indians and Indian Tribes. CBO estimates that 

implementing S. 523 would cost $14 million in 2004 and $50 million over the 2004–2008 period, assuming appropriation of the necessary amounts. 

Because S. 523 would direct the Secretary of the Interior to take 

4,484 acres of federal lands and interests into trust on behalf of the 

Pueblo of Santa Clara and the Pueblo of San Ildefonso in New 

Mexico, enacting S. 523 could result in forgone offsetting receipts 

(a form of direct spending) from the lands that generate income 

from programs to develop natural resources. The affected lands 

currently generate no significant receipts. Based on information 

from the Bureau of Land Management (BLM), CBO estimates that 

enacting S. 523 would result in no significant direct spending effects. 

S. 523 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA) and 

would impose no costs on state, local, or tribal governments. Enacting this legislation would benefit a number of Indian tribes. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 523 is shown in the following table. The cost of 

this legislation would fall within budget functions 300 (natural resources and environment), 450 (community and regional development), and 800 (general government).

By fiscal year, in millions of dollars—

2004 2005 2006 2007 2008

SPENDING SUBJECT TO APPROPRIATION

Bosque Redondo Memorial Act: 

Authorization Level ............................................................................... 1 1 1 0 0

5

By fiscal year, in millions of dollars—

2004 2005 2006 2007 2008

Estimated Outlays ................................................................................ 1 1 1 0 0

Navajo-Hopi Land Settlement Act: 

Estimated Authorization Level ............................................................. 7 7 7 8 8

Estimated Outlays ................................................................................ 4 7 7 8 8

Rehabilitation of Celilo Indian Village: 

Estimated Authorization Level ............................................................. 11 0 0 0 0

Estimated Outlays ................................................................................ 7 4 0 0 0

Quinault Indian Nation Water Feasibility Study: 

Estimated Authorization Level ............................................................. 1 0 0 0 0

Estimated Outlays ................................................................................ 1 0 0 0 0

Santee Sioux Tribe Study and Report: 

Estimated Authorization Level ............................................................. 1 0 0 0 0

Estimated Outlays ................................................................................ 1 0 0 0 0

Total: 

Estimated Authorization Level ............................................................. 21 8 8 8 8

Estimated Outlays ................................................................................ 14 12 8 8 8

Basis of estimate: For this estimate, CBO assumes that S. 523 

will be enacted early in fiscal year 2004 and that the necessary 

amounts will be appropriated for each fiscal year. 

Spending subject to appropriation 

CBO estimates that implementing S. 523 would cost about $50 

million over the 2004–2008 period to implememt the activities that 

would be authorized by the bill. 

Bosque Redondo Memorial. Section 101 would authorize the ap- propriation of $1 million in 2004 and $500,000 in years 2005 and 

2006 for the Secretary of Defense to make grants to New Mexico 

for up to 50 percent of the cost of constructing the Bosque Redondo 

Memorial within the boundaries of Fort Sumner State Monument. 

The state would be required to match the federal contributions to 

be eligible for the grants. Based on information from the state, 

CBO expects that those matching funds would be provided in the 

same year the federal share is appropriated. Assuming the appropriation of the specified amounts, CBO estimates that the federal 

share of the costs of constructing the monument would be $2 million over the 2004–2006 period. 

Navajo-Hopi Land Settlement. Section 102 would authorize the 

appropriation of funds through 2008 for Navajo and Hopi Indian 

housing and relocation benefits for tribal members living in disputed areas. Assuming appropriation of the necessary amounts, 

CBO estimates that this provision would cost $34 million over the 

2004–2008 period. This estimate assumes that annual appropriations over the 2004–2008 period would equal the $7 million appropriated for fiscal year 2003 with an adjustment for anticipated inflation. 

Rehabilitation of Celilo Indian Village. The act would authorize 

the U.S. Army Corps of Engineers to rehabilitate the Celilo Indian 

Village in Oregon. Based on information from the Corps, CBO estimates that this provision would cost $11 million over the 2004–

2008 period. 

Quinault Indian Nation Water Feasibility Study. Section 126 

would authorize the Secretary of the Interior to conduct a feasibility study of current and future domestic and commercial water 

supply needs of the Quinault Indian Nation. Based on information 

from the Bureau of Reclamation, CBO estimates that the study 

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would cost $1 million in fiscal year 2004, assuming appropriation 

of the necessary amount in that year. 

Santee Sioux Tribe Study and Report. S. 523 would authorize the 

Bureau of Reclamation to determine the most feasible method of 

developing a safe and adequate municipal, rural, and industrial 

water treatment and distribution system for the Santee Sioux Tribe 

of Nebraska. Based on information from the agency, CBO estimates 

that this study would cost about $500,000 over the 2004–2008 period. 

Saginaw Chippewa Tribal College. The act would add the Saginaw Chippewa Tribal College to the list of Indian tribal colleges eligible for certain funds from the Agriculture Department. Under 

the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 

301 note), $100,000 per year is authorized to be appropriated for 

each Indian tribal college to provide for facilities and instruction in 

food and agricultural sciences. CBO estimates that implementing 

this provision would cost $500,000 over the 2004–2008 period.

Direct spending 

Title II would direct the Secretary of the Interior to take 4,484 

acres of federal lands and interests into trust on behalf of the 

Pueblo of Santa Clara and the Pueblo of San Ildefonso in New 

Mexico. Taking lands into trust for Indian tribes could result in forgone offsetting receipts (a credit against direct spending) if, under 

current law, the lands would generate income from programs to develop natural resources. According to BLM, however, the affected 

lands currently generate no significant receipts and are not expected to do so over the next 10 years. Further, the bill specifies 

that valid existing rights would not be affected by the proposed 

transfer of lands; hence, CBO estimates that any forgone offsetting 

receipts under S. 523 would be negligible. 

Intergovernmental and private-sector impact: S. 523 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Enacting this legislation would benefit a number of Indian tribes. 

Previous cost estimate: On May 21, 2003, CBO transmitted a 

cost estimate for S. 523 as ordered reported by the Senate Committee on Indian Affairs on April 10, 2003. The version approved 

by the House Committee on Resources does not include provisions 

that would wavie the repayment of expert assistance loans to the 

Pueblo of Santo Domingo, the Oglala Sioux Tribe, and the Seminole 

Tribe of Oklahoma. Those provisions were included in the Senate 

version of the legislation, and CBO estimated that such provisions 

would increase direct spending by $300,000 in 2004. Estimated 

spending subject to appropriations is the same for both House and 

Senate versions of S. 523. 

Estimate prepared by: Federal Costs: Lanette J. Walker—Main 

contact; David Newman—Bosque Radondo Memorial; Megan Carroll—Pueblo of Santa Clara and the Pueblo of San Ildefonso; Julie 

Middleton—Rehabilitation of Celilo Indian Village, Quinault Indian 

Nation Water Feasibility Study, and Santee Sioux Tribe, Study and 

Report; Matthew Pickford—Navajo-Hopi Land Settlement; and 

David Hull—Saginaw Chippewa Tribal College. 

Impact on State, Local, and Tribal Governments: Marjorie Miller. 

Impact on the Private Sector: Cecil McPherson. 

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Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SECTION 206 OF THE BOSQUE REDONDO MEMORIAL 

ACT 

SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to 

carry out this title—

(1) $1,000,000 for fiscal year ø2000¿ 2004; and 

(2) $500,000 for each of fiscal years ø2001 and 2002¿ 2005 

and 2006. 

(b) CARRYOVER.—Any funds made available under this section 

that are unexpended at the end of the fiscal year for which those 

funds are appropriated, shall remain available for use by the Secretary through September 30, ø2002¿ 2007, for the purposes for 

which those funds were made available. 

SECTION 25 OF THE ACT OF DECEMBER 22, 1974 

(Public Law 93–531; commonly known as the ‘‘Navajo-Hopi Land Settlement Act of 

1974’’) 

AN ACT To provide for final settlement of the conflicting rights and interests of the 

Hopi and Navajo Tribes to and in lands lying within the joint use area of the reservation established by the Executive order of December 16, 1882, and lands lying 

within the reservation created by the Act of June 14, 1934, and for other purposes. 

SEC. 25. (a)(1) * * *

* * * * * * *

(8) For the purposes of carrying out the provisions of section 15 

of this Act, there is authorized to be appropriated not to exceed 

$30,000,000 øannually for fiscal years 1995, 1996, 1997, 1998, 

1999, and 2000¿ for each of fiscal years 2003 through 2008. 

* * * * * * *

8

SECTION 16 OF THE ACT OF JUNE 18, 1934

AN ACT To conserve and develop Indian lands and resources; to extend to Indians 

the right to form business and other organizations; to establish a credit system 

for Indians; to grant certain rights of home rule to Indians; to provide for vocational education for Indians; and for other purposes. 

SEC. 16. (a) * * *

* * * * * * *

(h) TRIBAL SOVEREIGNTY.—Notwithstanding any other provision 

of this Act—

(1) each Indian tribe shall retain inherent sovereign power to 

adopt governing documents under procedures other than those 

specified in this section; and 

(2) nothing in this Act invalidates any constitution or other 

governing document adopted by an Indian tribe after June 18, 

1934, in accordance with the authority described in paragraph 

(1).

SECTION 7 OF THE THE COW CREEK BAND OF UMPQUA 

TRIBE OF INDIANS RECOGNITION ACT 

SEC. 7. CERTAIN PROPERTY TAKEN INTO TRUST. 

The Secretary of the Interior shall accept title to 2000 acres of 

real property and may accept title to any additional number of 

acres of real property located in Umpqua River watershed upstream from Scottsburg, Oregon, or the northern slope of the Rogue 

River watershed upstream from Agness, Oregon, if such real property is conveyed or otherwise transferred to the United States by 

or on behalf of the Tribe. The Secretary shall take into trust for 

the benefit of the Tribe all real property conveyed or otherwise 

transferred to the United States pursuant to this section. Real 

property taken into trust pursuant to this section shall become part 

of the Tribe’s reservation, and shall be treated as on-reservation 

land for the purpose of processing acquisitions of real property into 

trust. Real property taken into trust pursuant to this section shall 

not be considered to have been taken into trust for gaming (as that 

term is used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 

et seq.)). 

SECTION 1 OF THE ACT OF AUGUST 26, 1992

(Public Law 102–358) 

AN ACT To authorize funds for the implementation of the settlement agreement 

reached between the Pueblo de Cochiti and the United States Army Corps of Engineers under the authority of Public Law 100–202. 

SECTION 1. GENERAL AUTHORIZATION. 

The Secretary of the Interior and the Secretary of the Army are 

authorized and directed to øimplement the settlement¿ implement—

(1) the settlement; agreement negotiated under the authority 

of Public Law 100–202 by the Pueblo de Cochiti of New Mexico, a federally recognized Indian Tribe, and the United States 

Army Corps of Engineers, as set forth in the report of the 

Corps of Engineers entitled ‘‘Report on Investigations, Wet 

9

Field Solution’’, dated July 24, 1990, addressing seepage problems at the Cochiti Dam on tribal landsø.¿; and

(2) the modifications regarding the use of the settlement 

funds as described in the agreement known as the ‘‘First 

Amendment to Operation and Maintenance Agreement for Implementation of Cochiti Wetlands Solution’’, executed— (A) on October 22, 2001, by the Army Corps of Engineers; 

(B) on October 25, 2001, by the Pueblo de Cochiti of New 

Mexico; and 

(C) on November 8, 2001, by the Secretary of the Interior.

SECTION 7 OF THE FOUR CORNERS INTERPRETIVE 

CENTER ACT 

(Public Law 106–143) 

AN ACT To authorize an interpretive center and related visitor facilities within the 

Four Corners Monument Tribal Park, and for other purposes. 

SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATIONS.—There are authorized to be appropriated to 

the Department of the Interior to carry out this Act—

(1) * * *

(2) $50,000 for each of fiscal years 2001 through ø2005¿ 2008

for maintenance and operation of the Center, program development, or staffing in a manner consistent with the requirements 

of section 5(b). 

(b) CARRYOVER.—Funds made available under subsection (a)(1) 

that are unexpended at the end of the fiscal year for which those 

funds are appropriated, may be used by the Secretary through fiscal year ø2002¿ 2005 for the purposes for which those funds are 

made available. 

(c) RESERVATION OF FUNDS.—The Secretary may reserve funds 

appropriated pursuant to this Act until a grant proposal meeting 

the requirements of this Act is submitted, but no later than September 30, ø2001¿ 2004. 

SECTION 1 OF THE ACT OF JUNE 29, 2000

(Public Law 106–228) 

AN ACT To make technical corrections to the status of certain land held in trust 

for the Mississippi Band of Choctaw Indians, to take certain land into trust for 

that Band, and for other purposes. 

SECTION 1. STATUS OF CERTAIN INDIAN LANDS. 

(a) IN GENERAL.—Notwithstanding any other provision of law—

(1) * * *

(2) all land held in fee by the Mississippi Band of Choctaw 

Indians located within the boundaries of the State of Mississippi, as shown in the øreport entitled ‘‘Report of Fee Lands 

owned by the Mississippi Band of Choctaw Indians’’, dated 

September 28, 1999, on file in the Office of the Superintendent, 

Choctaw Agency, Bureau of Indian Affairs, Department of the 

Interior, is hereby declared¿ report entitled ‘‘Report of May 17, 

2002, Clarifying and Correcting Legal Descriptions or Recording Information for Certain Lands placed into Trust and ResVerDate jul 14 2003 01:32 Nov 20, 2003 Jkt 029006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6601 E:\HR\OC\HR374P1.XXX HR374P1
10

ervation Status for the Mississippi Band of Choctaw Indians by 

Section 1(a)(2) of Pub. L. 106–228, as amended by Title VIII, 

Section 811 of Pub. L. 106–568’’, on file in the Office of the Superintendent, Choctaw Agency, Bureau of Indian Affairs, Department of the Interior, is declared to be held by the United 

States in trust for the benefit of the Mississippi Band of Choctaw Indians; and 

* * * * * * *

SECTION 401 OF THE ACT OF NOVEMBER 1, 1988

(Public Law 100–581) 

AN ACT To establish procedures for review of tribal constitutions and bylaws or 

amendments thereto pursuant to the Act of June 18, 1934 (48 Stat. 987).

SEC. 401. (a) * * *

* * * * * * *

(b) Notwithstanding any other provision of law, the Secretary of 

the Army shall—

(1) * * *

* * * * * * *

(3) make improvements at existing sites and Celilo Village, 

including but not limited to dredging at the site at Wind River, 

Washington, and constructing a boat ramp on or near the site 

at Cascade Locks, Oregon. 

* * * * * * *

SECTION 532 OF THE EQUITY IN EDUCATION LAND 

GRANT STATUS ACT OF 1994

SEC. 532. DEFINITION. 

As used in this part, the term ‘‘1994 Institutions’’ means any one 

of the following colleges: 

(1) * * *

* * * * * * *

(22) Saginaw Chippewa Tribal College.

ø(22)¿ (23) Salish Kootenai College. 

ø(23)¿ (24) Sinte Gleska University. 

ø(24)¿ (25) Sisseton Wahpeton Community College. 

ø(25)¿ (26) Si Tanka/Huron University. 

ø(26)¿ (27) Sitting Bull College. 

ø(27)¿ (28) Southwestern Indian Polytechnic Institute. 

ø(28)¿ (29) Stone Child College. 

ø(29)¿ (30) Turtle Mountain Community College. 

ø(30)¿ (31) United Tribes Technical College. 

ø(31)¿ (32) White Earth Tribal and Community College. 

* * * * * * *

11

SECTION 3405 OF THE STROM THURMOND NATIONAL 

DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1999

SEC. 3405. DISPOSAL OF OIL SHALE RESERVE NUMBERED 2. 

(a) * * *

* * * * * * *

(c) CONDITIONS ON CONVEYANCE.—(1) * * *

* * * * * * *

ø(3) The land conveyed to the Tribe under subsection (b) shall 

not revert to the United States for management in trust status.¿

(3) With respect to the land conveyed to the Tribe under subsection (b)—

(A) the land shall not be subject to any Federal restriction on alienation; and 

(B) notwithstanding any provision to the contrary in the 

constitution, bylaws, or charter of the Tribe, the Act of May 

11, 1938 (commonly known as the ‘‘Indian Mineral Leasing 

Act of 1938’’) (25 U.S.C. 396a et seq.), the Indian Mineral 

Development Act of 1982 (25 U.S.C. 2101 et seq.), section 

2103 of the Revised Statutes (25 U.S.C. 81), or section 2116 

of the Revised Statutes (25 U.S.C. 177), or any other law, 

no purchase, grant, lease, or other conveyance of the land 

(or any interest in the land), and no exploration, development, or other agreement relating to the land that is authorized by resolution by the governing body of the Tribe, 

shall require approval by the Secretary of the Interior or 

any other Federal official.

* * * * * * *

Æ