PUBLIC LAW 104–109—FEB. 12, 1996 110 STAT. 763

Public Law 104–109

104th Congress

An Act

To make certain technical corrections in laws relating to Native Americans, and

for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. CORRECTION TO POKAGON RESTORATION ACT.

Section 9 of the Act entitled ‘‘An Act to restore Federal services

to the Pokagon Band of Potawatomi Indians’’ (25 U.S.C. 1300j–

7a) is amended—

(1) by striking ‘‘Bands’’ each place it appears and inserting

‘‘Band’’;

(2) in subsection (a), by striking ‘‘respective’’; and

(3) in subsection (b)—

(A) in paragraph (1)—

(i) in the first sentence—

(I) by striking ‘‘membership rolls that contain’’

and inserting ‘‘a membership roll that contains’’;

and

(II) by striking ‘‘in such’’ and inserting ‘‘in

the’’; and

(ii) in the second sentence, by striking ‘‘Each such’’

and inserting ‘‘The’’;

(B) in paragraph (2)—

(i) by striking ‘‘rolls have’’ and inserting ‘‘roll has’’;

and

(ii) by striking ‘‘such rolls’’ and inserting ‘‘such

roll’’;

(C) in the heading for paragraph (3), by striking

‘‘ROLLS’’ and inserting ‘‘ROLL’’; and

(D) in paragraph (3), by striking ‘‘rolls are maintained’’

and inserting ‘‘roll is maintained’’.

SEC. 2. CORRECTION TO ODAWA AND OTTAWA RESTORATION ACT.

(a) REAFFIRMATION OF RIGHTS.—The heading of section 5(b)

of the Little Traverse Bay Bands of Odawa Indians and the Little

River Band of Ottawa Indians Act (25 U.S.C. 1300k–3) is amended

by striking ‘‘TRIBE’’ and inserting ‘‘BANDS’’.

(b) MEMBERSHIP LIST.—Section 9 of the Little Traverse Bay

Bands of Odawa and the Little River Band of Ottawa Indians

Act (25 U.S.C. 1300k–7) is amended—

(1) in subsection (a)—

(A) by striking ‘‘Band’’ the first place it appears and

inserting ‘‘Bands’’; and

Feb. 12, 1996

[H.R. 2726]

110 STAT. 764 PUBLIC LAW 104–109—FEB. 12, 1996

(B) by striking ‘‘the Band.’’ and inserting ‘‘the respective Bands.’’; and

(2) in subsection (b)(1)—

(A) in the first sentence, by striking ‘‘the Band shall

submit to the Secretary membership rolls that contain

the names of all individuals eligible for membership in

such Band’’ and inserting ‘‘each of the Bands shall submit

to the Secretary a membership roll that contains the names

of all individuals that are eligible for membership in such

Band’’; and

(B) in the second sentence, by striking ‘‘The Band,

in consultation’’ and inserting ‘‘Each such Band, in consultation’’.

SEC. 3. INDIAN DAMS SAFETY ACT OF 1994.

Section 4(h) of the Indian Dams Safety Act of 1994 (25 U.S.C.

3803(h); 108 Stat. 1562) is amended by striking ‘‘(under the Indian

Self-Determination and Education Assistance Act (25 U.S.C.

450b(e))), as amended,’’ and inserting ‘‘under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)’’.

SEC. 4. PASCUA YAQUI INDIANS OF ARIZONA.

Section 4(b) of the Act entitled ‘‘An Act to provide for the

extension of certain Federal benefits, services, and assistance to

the Pascua Yaqui Indians of Arizona, and for other purposes’’ (25

U.S.C. 1300f–3(b)) is amended by striking ‘‘Pascua Yaqui tribe’’

and inserting ‘‘Pascua Yaqui Tribe’’.

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

Section 3(7) of the Indian Lands Open Dump Cleanup Act

of 1994 (25 U.S.C. 3902(7); 108 Stat. 4165) is amended by striking

‘‘under section 6944 of the Solid Waste Disposal Act (42 U.S.C.

6941 et seq.)’’ and inserting ‘‘under section 4004 of the Solid Waste

Disposal Act (42 U.S.C. 6944)’’.

SEC. 6. AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM ACT

OF 1994.

(a) MAINTENANCE OF RECORDS.—Section 303(c)(5)(D) of the

American Indian Trust Fund Management Reform Act of 1994

(25 U.S.C. 4043(c)(5)(D); 108 Stat. 4247) is amended by striking

‘‘made under paragraph (3)(B)’’ and inserting ‘‘made under subparagraph (C)’’.

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

Management Reform Act of 1994 (25 U.S.C. 4046(d); 108 Stat.

4249) is amended by striking ‘‘Advisory Board’’ and inserting

‘‘advisory board’’.

SEC. 7. INDIAN SELF-DETERMINATION CONTRACT REFORM ACT OF

1994.

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

Reform Act of 1994 (108 Stat. 4254) is amended by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (e) of section 105’’.

SEC. 8. AUBURN INDIAN RESTORATION.

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

Indian Restoration Act (25 U.S.C. 1300l–1) is amended—

(1) in subsection (a)(2), by striking ‘‘as provided in section

107’’ and inserting ‘‘as provided in section 207’’; and

25 USC 450j.

PUBLIC LAW 104–109—FEB. 12, 1996 110 STAT. 765

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

‘‘section 204’’.

(b) INTERIM GOVERNMENT.—The last sentence of section 206

of the Auburn Indian Restoration Act (25 U.S.C. 1300l–4) is

amended by striking ‘‘Interim council’’ and inserting ‘‘Interim Council’’.

SEC. 9. CROW BOUNDARY SETTLEMENT ACT OF 1994.

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

Settlement Act of 1994 (25 U.S.C. 1776c(b)(3); 108 Stat. 4636)

is amended by striking ‘‘provisions of subsection (b)’’ and inserting

‘‘provisions of this subsection’’.

(b) APPLICABILITY.—Section 9(a) of the Crow Boundary Settlement Act of 1994 (25 U.S.C. 1776g(a); 108 Stat. 4640) is amended

by striking ‘‘The Act’’ and inserting ‘‘This Act’’.

(c) ESCROW FUNDS.—Section 10(b) of the Crow Boundary Settlement Act of 1994 (25 U.S.C. 1776h(b); 108 Stat. 4641) is amended

by striking ‘‘(collectively referred to in this subsection as the

‘Suspension Accounts’)’’ and inserting ‘‘(collectively referred to in

this section as the ‘Suspension Accounts’)’’.

SEC. 10. TLINGIT AND HAIDA STATUS CLARIFICATION ACT.

The first sentence of section 205 of the Tlingit and Haida

Status Clarification Act (25 U.S.C. 1215) is amended by striking

‘‘Indian tribes’’ and inserting ‘‘Indian Tribes’’.

SEC. 11. NATIVE AMERICAN LANGUAGES ACT.

Section 103 of the Native American Languages Act (25 U.S.C.

2902) is amended—

(1) in paragraph (2), by striking ‘‘under section 5351(4)

of the Indian Education Act of 1988 (25 U.S.C. 2651(4))’’ and

inserting ‘‘under section 9161(4) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881(4))’’; and

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

Law 100–297 (20 U.S.C. 4909)’’ and inserting ‘‘section 9212(1)

of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 7912(1))’’.

SEC. 12. PONCA RESTORATION ACT.

Section 5 of the Ponca Restoration Act (25 U.S.C. 983c) is

amended—

(1) by inserting ‘‘Sarpy, Burt, Platte, Stanton, Holt, Hall,

Wayne,’’ before ‘‘Knox’’; and

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

Woodbury or Pottawattomie Counties of Iowa, or Charles Mix

County’’.

SEC. 13. REVOCATION OF CHARTER OF INCORPORATION OF THE MINNESOTA CHIPPEWA TRIBE UNDER THE INDIAN REORGANIZATION ACT.

The request of the Minnesota Chippewa Tribe to surrender

the charter of incorporation issued to that tribe on September

17, 1937, pursuant to section 17 of the Act of June 18, 1934,

commonly known as the ‘‘Indian Reorganization Act’’ (48 Stat. 988,

chapter 576; 25 U.S.C. 477) is hereby accepted and that charter

of incorporation is hereby revoked.

110 STAT. 766 PUBLIC LAW 104–109—FEB. 12, 1996

SEC. 14. ADVISORY COUNCIL ON CALIFORNIA INDIAN POLICY ACT OF

1992.

Section 5(6) of the Advisory Council on California Indian Policy

Act of 1992 (106 Stat. 2133; 25 U.S.C. 651 note) is amended by

striking ‘‘18 months’’ and inserting ‘‘36 months’’.

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

Section 401 of Public Law 100–581 (102 Stat. 2944–2945) is

amended by adding at the end the following new subsection:

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

to the Department of the Interior to be used for purposes of the

continued operation and maintenance of sites improved or developed

under this section.’’.

SEC. 16. ADOLESCENT TRANSITIONAL LIVING FACILITY.

Notwithstanding any other provision of law, any funds that

were provided to the Ponca Indian Tribe of Nebraska for any

of the fiscal years 1992 through 1995, and that were retained

by that Indian tribe, pursuant to a self-determination contract

with the Secretary of Health and Human Services that the Indian

tribe entered into under section 102 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450f) to carry out

programs and functions of the Indian Health Service may be used

by that Indian tribe to acquire, develop, and maintain a transitional

living facility for adolescents, including land for that facility.

SEC. 17. EXPENDITURE OF MESCALERO APACHE TRIBE JUDGMENT

FUNDS.

Notwithstanding any other provision of law, or any distribution

plan approved pursuant to the Indian Tribal Judgment Funds Use

or Distribution Act (25 U.S.C. 1401 et seq.), the Secretary of the

Interior may reprogram, in accordance with the Resolutions,

approved by the Mescalero Apache Tribal Council on January 24,

1995, any and all remaining funds (principal and interest accounts)

regarding specific changes in the Secretarial Plans for the use

of the funds in Docket Nos. 22–G, 30, 48, 30–A, and 48–A, awarded

in satisfaction of the judgments by the Indian Claims Commission.

SEC. 18. ESTABLISHMENT OF A BAND ROLL.

Section 5(d)(2) of the Lac Vieux Desert Band of Lake Superior

Chippewa Indians Act (25 U.S.C. 1300h–3(d)(2); 102 Stat. 1578)

is amended—

(1) by inserting ‘‘and base roll’’ after ‘‘requirement’’; and

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

are’’.

SEC. 19. OPTION TO INCORPORATE SELF-DETERMINATION PROVISIONS INTO SELF-GOVERNANCE.

Section 403 of the Indian Self-Determination and Education

Assistance Act (25 U.S.C. 458cc) is amended by adding the following

new subsection:

‘‘(l) INCORPORATE SELF-DETERMINATION PROVISIONS.—At the

option of a participating tribe or tribes, any or all provisions of

title I of this Act shall be made part of an agreement entered

into under title III of this Act or this title. The Secretary is obligated

to include such provisions at the option of the participating tribe

PUBLIC LAW 104–109—FEB. 12, 1996 110 STAT. 767

LEGISLATIVE HISTORY—H.R. 2726 (S. 325) (S. 1431):

HOUSE REPORTS: No. 104–444 (Comm. on Resources).

SENATE REPORTS: No. 104–150 accompanying S. 325 (Comm. on Indian Affairs).

CONGRESSIONAL RECORD:

Vol. 141 (1995): Oct. 31, S. 325 considered and passed Senate.

Dec. 7, S. 1431 considered and passed Senate.

Vol. 142 (1996): Jan. 23, H.R. 2726 considered and passed House.

Jan. 26, considered and passed Senate.

Æ

or tribes. If such provision is incorporated it shall have the same

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

Approved February 12, 1996.