I

104TH CONGRESS

1ST SESSION S. 325

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 13, 1995

Referred to the Committee on Resources, and in addition to the Committees

on Economic and Educational Opportunities, Commerce, the Judiciary,

and Agriculture, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

AN ACT

To make certain technical corrections in laws relating to

Native Americans, 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,
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1 SECTION 1. CORRECTION TO POKAGON RESTORATION ACT.

2 Section 9 of the Act entitled ‘‘An Act to restore Fed3 eral services to the Pokagon Band of Potawatomi Indians’’

4 (25 U.S.C. 1300j–7a) is amended—

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

6 and inserting ‘‘Band’’;

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

8 and

9 (3) in subsection (b)—

10 (A) in paragraph (1)—

11 (i) in the first sentence—

12 (I) by striking ‘‘membership rolls

13 that contain’’ and inserting ‘‘a mem14 bership roll that contains’’; and

15 (II) by striking ‘‘in such’’ and in16 serting ‘‘in the’’; and

17 (ii) in the second sentence, by striking

18 ‘‘Each such’’ and inserting ‘‘The’’;

19 (B) in paragraph (2)—

20 (i) by striking ‘‘rolls have’’ and insert21 ing ‘‘roll has’’; and

22 (ii) by striking ‘‘such rolls’’ and in23 serting ‘‘such roll’’;

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

25 striking ‘‘ROLLS’’ and inserting ‘‘ROLL’’; and
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1 (D) in paragraph (3), by striking ‘‘rolls are

2 maintained’’ and inserting ‘‘roll is maintained’’.

3 SEC. 2. CORRECTION TO ODAWA AND OTTAWA RESTORA4 TION ACT.

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

6 section 5(b) of the Little Traverse Bay Bands of Odawa

7 and the Little River Band of Ottawa Indians Act (25

8 U.S.C. 1300k–3) is amended by striking ‘‘TRIBE’’ and in9 serting ‘‘BANDS’’.

10 (b) MEMBERSHIP LIST.—Section 9 of the Little Tra11 verse Bay Bands of Odawa and the Little River Band of

12 Ottawa Indians Act (25 U.S.C. 1300k–7) is amended—

13 (1) in subsection (a)—

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

15 appears and inserting ‘‘Bands’’; and

16 (B) by striking ‘‘the Band.’’ and inserting

17 ‘‘the respective Bands.’’; and

18 (2) in subsection (b)(1)—

19 (A) in the first sentence, by striking ‘‘the

20 Band shall submit to the Secretary membership

21 rolls that contain the names of all individuals

22 eligible for membership in such Band’’ and in23 serting ‘‘each of the Bands shall submit to the

24 Secretary a membership roll that contains the
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1 names of all individuals that are eligible for

2 membership in such Band’’; and

3 (B) in the second sentence, by striking

4 ‘‘The Band, in consultation’’ and inserting

5 ‘‘Each such Band, in consultation’’.

6 SEC. 3. FEDERAL EMPLOYEES CONTRACTING OR TRADING

7 WITH INDIANS.

8 (a) REPEAL.—Section 437 of title 18, United States

9 Code, is repealed.

10 (b) CONFORMING AMENDMENT.—The table of sec11 tions at the beginning of chapter 23 of title 18, United

12 States Code, is amended by striking the item relating to

13 section 437.

14 (c) EFFECTIVE DATE.—The repeal made by sub15 section (a) shall—

16 (1) take effect on the date of enactment of this

17 Act; and

18 (2) apply with respect to any contract obtained,

19 and any purchase or sale occurring, on or after the

20 date of enactment of this Act.

21 SEC. 4. INDIAN DAMS SAFETY ACT OF 1994.

22 Section 4(h) of the Indian Dams Safety Act of 1994

23 (108 Stat. 1562) is amended by striking ‘‘(under the In24 dian Self-Determination and Education Assistance Act

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

2 Act (25 U.S.C. 450 et seq.)’’.

3 SEC. 5. PASCUA YAQUI INDIANS OF ARIZONA.

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

5 for the extension of certain Federal benefits, services, and

6 assistance to the Pascua Yaqui Indians of Arizona, and

7 for other purposes’’ (25 U.S.C. 1300f–3(b)) is amended

8 by striking ‘‘Pascua Yaqui tribe’’ and inserting ‘‘Pascua

9 Yaqui Tribe’’.

10 SEC. 6. INDIAN LANDS OPEN DUMP CLEANUP ACT OF 1994.

11 Section 3(7) of the Indian Lands Open Dump Clean12 up Act of 1994 (108 Stat. 4165) is amended by striking

13 ‘‘under section 6944 of the Solid Waste Disposal Act (42

14 U.S.C. 6941 et seq.)’’ and inserting ‘‘under section 4004

15 of the Solid Waste Disposal Act (42 U.S.C. 6944)’’.

16 SEC. 7. AMERICAN INDIAN TRUST FUND MANAGEMENT RE17 FORM ACT OF 1994.

18 (a) MAINTENANCE OF RECORDS.—Section

19 303(c)(5)(D) of the American Indian Trust Fund Man20 agement Reform Act of 1994 (108 Stat. 4247) is amended

21 by striking ‘‘made under paragraph (3)(B)’’ and inserting

22 ‘‘made under subparagraph (C)’’.

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

24 Trust Fund Management Reform Act (25 U.S.C.
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1 4046(d)) is amended by striking ‘‘Advisory Board’’ and

2 inserting ‘‘advisory board’’.

3 SEC. 8. INDIAN SELF-DETERMINATION AND EDUCATION AS4 SISTANCE ACT.

5 (a) DEFINITIONS.—Section 4(j) of the Indian Self6 Determination and Education Assistance Act (25 U.S.C.

7 450b(j)) is amended by striking ‘‘That except as provided

8 the last proviso in section 105(a) of this Act,’’ and insert9 ing ‘‘That except as provided in paragraphs (1) and (3)

10 of section 105(a),’’.

11 (b) CARRYOVER FUNDING.—Section 8 of the Indian

12 Self-Determination and Education Assistance Act (25

13 U.S.C. 13a) is amended by striking ‘‘the provisions of sec14 tion 106(a)(3)’’ and inserting ‘‘the provisions of section

15 106(a)(4)’’.

16 (c) REPAYMENT OF FUNDS.—Section 5(d) of the In17 dian Self-Determination and Education Assistance Act

18 (25 U.S.C. 450c(d)) is amended by striking ‘‘106(a)(3)

19 of this Act’’ and inserting ‘‘106(a)(4)’’.

20 (d) SELF-DETERMINATION CONTRACTS.—The first

21 sentence of the flush material immediately following sub22 paragraph (E) of section 102(a)(2) of the Indian Self-De23 termination and Education Assistance Act (25 U.S.C.

24 450f(a)(2)) is amended by striking ‘‘the second sentence
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1 of this subsection’’ and inserting ‘‘the second sentence of

2 this paragraph’’.

3 (e) CONTRACT OR GRANT PROVISIONS AND ADMINIS4 TRATION.—Section 105(a)(3)(C)(ii) of the Indian Self-De5 termination and Education Assistance Act (42 U.S.C.

6 450j(a)(3)(C)(ii)) is amended—

7 (1) in subclause (VII), by striking ‘‘chapter

8 483’’ and inserting ‘‘chapter 482’’; and

9 (2) in subclause (IX), by striking ‘‘The Service

10 Control Act of 1965’’ and inserting ‘‘The Service

11 Contract Act of 1965’’.

12 (f) APPROVAL OF CONSTRUCTION CONTRACTS.—Sec13 tion 105(m)(4)(C)(v) of the Indian Self-Determination

14 and Education Assistance Act (25 U.S.C.

15 450j(m)(4)(C)(v)) is amended by striking ‘‘sections

16 102(a)(2) and 102(b) of section 102’’ and inserting ‘‘sub17 sections (a)(2) and (b) of section 102’’.

18 SEC. 9. INDIAN SELF-DETERMINATION CONTRACT REFORM

19 ACT OF 1994.

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

21 Contract Reform Act of 1994 (108 Stat. 4254) is amend22 ed by striking ‘‘subsection (e)’’ and inserting ‘‘subsection

23 (e) of section 105’’.
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1 SEC. 10. AUBURN INDIAN RESTORATION.

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

3 Auburn Indian Restoration Act (25 U.S.C. 1300l–1) is

4 amended—

5 (1) in subsection (a)(2), by striking ‘‘as pro6 vided in section 107’’ and inserting ‘‘as provided in

7 section 207’’; and

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

9 and inserting ‘‘section 204’’.

10 (b) INTERIM GOVERNMENT.—The last sentence of

11 section 206 of the Auburn Indian Restoration Act (25

12 U.S.C. 1300l–4) is amended by striking ‘‘Interim council’’

13 and inserting ‘‘Interim Council’’.

14 SEC. 11. CROW BOUNDARY SETTLEMENT ACT OF 1994.

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

16 Boundary Settlement Act of 1994 (108 Stat. 4636) is

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

18 inserting ‘‘provisions of this subsection’’.

19 (b) APPLICABILITY.—Section 9 of the Crow Bound20 ary Settlement Act of 1994 (108 Stat. 4640) is amended

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

22 (c) ESCROW FUNDS.—Section 10(b) of the Crow

23 Boundary Settlement Act of 1994 (108 Stat. 4641) is

24 amended by striking ‘‘(collectively referred to in this sub25 section as the ‘Suspension Accounts’)’’ and inserting
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1 ‘‘(collectively referred to in this section as the ‘Suspension

2 Accounts’)’’.

3 SEC. 12. TLINGIT AND HAIDA STATUS CLARIFICATION ACT.

4 The first sentence of section 205 of the Tlingit and

5 Haida Status Clarification Act (25 U.S.C. 1215) is

6 amended by striking ‘‘Indian tribes’’ and inserting ‘‘In7 dian Tribes’’.

8 SEC. 13. NATIVE AMERICAN LANGUAGES ACT.

9 Section 103 of the Native American Languages Act

10 (25 U.S.C. 2902) is amended—

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

12 5351(4) of the Indian Education Act of 1988 (25

13 U.S.C. 2651(4))’’ and inserting ‘‘under section

14 9161(4) of the Improving America’s Schools Act of

15 1994 (20 U.S.C. 7881(4))’’; and

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

17 of Public Law 100–297 (20 U.S.C. 4909)’’ and in18 serting ‘‘section 9212(1) of the Improving America’s

19 Schools Act of 1994 (20 U.S.C. 7912(1))’’.

20 SEC. 14. PONCA RESTORATION ACT.

21 Section 5 of the Ponca Restoration Act (25 U.S.C.

22 983c) is amended—

23 (1) by inserting ‘‘Sarpy, Burt, Platte, Stanton,

24 Holt, Hall, Wayne,’’ before ‘‘Knox’’; and
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1 (2) by striking ‘‘or Charles Mix County’’ and

2 inserting ‘‘, Woodbury or Pottawattomie Counties of

3 Iowa, or Charles Mix County’’.

4 SEC. 15. YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS

5 SETTLEMENT ACT OF 1994.

6 Section 112(b) of the Yavapai-Prescott Indian Tribe

7 Water Rights Settlement Act of 1994 (108 Stat. 4532)

8 is amended by striking ‘‘December 31, 1995’’ and insert9 ing ‘‘June 30, 1996’’.

10 SEC. 16. INDIAN HEALTH CARE IMPROVEMENT ACT.

11 (a) DEFINITION OF HEALTH PROFESSION.—Section

12 4(n) of the Indian Health Care Improvement Act (25

13 U.S.C. 1603(n)) is amended—

14 (1) by inserting ‘‘allopathic medicine,’’ before

15 ‘‘family medicine’’; and

16 (2) by striking ‘‘and allied health professions’’

17 and inserting ‘‘an allied health profession, or any

18 other health profession.’’.

19 (b) INDIAN HEALTH PROFESSIONS SCHOLAR20 SHIPS.—Section 104(b) of the Indian Health Care Im21 provement Act (25 U.S.C. 1613a(b)) is amended—

22 (1) in paragraph (3)—

23 (A) in subparagraph (A)—

24 (i) by striking the matter preceding

25 clause (i) and inserting the following:
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1 ‘‘(3)(A) The active duty service obligation under a

2 written contract with the Secretary under section 338A

3 of the Public Health Service Act (42 U.S.C. 254l) that

4 an individual has entered into under that section shall,

5 if that individual is a recipient of an Indian Health Schol6 arship, be met in full-time practice, by service—’’;

7 (ii) by striking ‘‘or’’ at the end of

8 clause (iii);

9 (iii) by striking the period at the end

10 of clause (iv) and inserting ‘‘; or’’; and

11 (iv) by adding at the end the following

12 new clause:

13 ‘‘(v) in an academic setting (including a pro14 gram that receives funding under section 102, 112,

15 or 114, or any other academic setting that the Sec16 retary, acting through the Service, determines to be

17 appropriate for the purposes of this clause) in which

18 the major duties and responsibilities of the recipient

19 are the recruitment and training of Indian health

20 professionals in the discipline of that recipient in a

21 manner consistent with the purpose of this title, as

22 specified in section 101.’’;

23 (B) by redesignating subparagraphs (B)

24 and (C) as subparagraphs (C) and (D), respec25 tively;
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1 (C) by inserting after subparagraph (A)

2 the following new subparagraph:

3 ‘‘(B) At the request of any individual who has entered

4 into a contract referred to in subparagraph (A) and who

5 receives a degree in medicine (including osteopathic or

6 allopathic medicine), dentistry, optometry, podiatry, or

7 pharmacy, the Secretary shall defer the active duty service

8 obligation of that individual under that contract, in order

9 that such individual may complete any internship, resi10 dency, or other advanced clinical training that is required

11 for the practice of that health profession, for an appro12 priate period (in years, as determined by the Secretary),

13 subject to the following conditions:

14 ‘‘(i) No period of internship, residency, or other

15 advanced clinical training shall be counted as satis16 fying any period of obligated service that is required

17 under this section.

18 ‘‘(ii) The active duty service obligation of that

19 individual shall commence not later than 90 days

20 after the completion of that advanced clinical train21 ing (or by a date specified by the Secretary).

22 ‘‘(iii) The active duty service obligation will be

23 served in the health profession of that individual, in

24 a manner consistent with clauses (i) through (v) of

25 subparagraph (A).’’;
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1 (D) in subparagraph (C), as so redesig2 nated, by striking ‘‘prescribed under section

3 338C of the Public Health Service Act (42

4 U.S.C. 254m) by service in a program specified

5 in subparagraph (A)’’ and inserting ‘‘described

6 in subparagraph (A) by service in a program

7 specified in that subparagraph’’; and

8 (E) in subparagraph (D), as so redesig9 nated—

10 (i) by striking ‘‘Subject to subpara11 graph (B),’’ and inserting ‘‘Subject to sub12 paragraph (C),’’; and

13 (ii) by striking ‘‘prescribed under sec14 tion 338C of the Public Health Service Act

15 (42 U.S.C. 254m)’’ and inserting ‘‘de16 scribed in subparagraph (A)’’;

17 (2) in paragraph (4)—

18 (A) in subparagraph (B), by striking the

19 matter preceding clause (i) and inserting the

20 following:

21 ‘‘(B) the period of obligated service described in

22 paragraph (3)(A) shall be equal to the greater of—

23 ’’; and
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1 (B) in subparagraph (C), by striking ‘‘(42

2 U.S.C. 254m(g)(1)(B))’’ and inserting ‘‘(42

3 U.S.C. 254l(g)(1)(B))’’;

4 (3) in paragraph (5), by adding at the end the

5 following new subparagraphs:

6 ‘‘(C) Upon the death of an individual who receives

7 an Indian Health Scholarship, any obligation of that indi8 vidual for service or payment that relates to that scholar9 ship shall be canceled.

10 ‘‘(D) The Secretary shall provide for the partial or

11 total waiver or suspension of any obligation of service or

12 payment of a recipient of an Indian Health Scholarship

13 if the Secretary determines that—

14 ‘‘(i) it is not possible for the recipient to meet

15 that obligation or make that payment;

16 ‘‘(ii) requiring that recipient to meet that obli17 gation or make that payment would result in ex18 treme hardship to the recipient; or

19 ‘‘(iii) the enforcement of the requirement to

20 meet the obligation or make the payment would be

21 unconscionable.

22 ‘‘(E) Notwithstanding any other provision of law, in

23 any case of extreme hardship or for other good cause

24 shown, the Secretary may waive, in whole or in part, the
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1 right of the United States to recover funds made available

2 under this section.

3 ‘‘(F) Notwithstanding any other provision of law,

4 with respect to a recipient of an Indian Health Scholar5 ship, no obligation for payment may be released by a dis6 charge in bankruptcy under title 11, United States Code,

7 unless that discharge is granted after the expiration of the

8 5-year period beginning on the initial date on which that

9 payment is due, and only if the bankruptcy court finds

10 that the nondischarge of the obligation would be uncon11 scionable.’’.

12 (c) REIMBURSEMENT FROM CERTAIN THIRD PAR13 TIES OF COSTS OF HEALTH SERVICES.—Section 206 of

14 the Indian Health Care Improvement Act (16 U.S.C.

15 1621e) is amended—

16 (1) in subsection (a)—

17 (A) in the matter preceding paragraph

18 (1)—

19 (i) by striking ‘‘Except as provided’’

20 and inserting ‘‘(a) RIGHT OF RECOV21 ERY.—Except as provided’’;

22 (ii) by striking ‘‘the reasonable ex23 penses incurred’’ and inserting ‘‘the rea24 sonable charges billed’’;
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1 (iii) by striking ‘‘in providing’’ and in2 serting ‘‘for providing’’; and

3 (iv) by striking ‘‘for such expenses’’

4 and inserting ‘‘for such charges’’; and

5 (B) in paragraph (2), by striking ‘‘such ex6 penses’’ each place it appears and inserting

7 ‘‘such charges’’;

8 (2) in subsection (b), by striking ‘‘(b) Sub9 section (a)’’ and inserting ‘‘(b) RECOVERY AGAINST

10 STATE WITH WORKERS’ COMPENSATION LAWS OR

11 NO-FAULT AUTOMOBILE ACCIDENT INSURANCE

12 PROGRAM.—Subsection (a)’’;

13 (3) in subsection (c), by striking ‘‘(c) No law’’

14 and inserting ‘‘(c) PROHIBITION OF STATE LAW OR

15 CONTRACT PROVISION IMPEDIMENT TO RIGHT OF

16 RECOVERY.—No law’’;

17 (4) in subsection (d), by striking ‘‘(d) No ac18 tion’’ and inserting ‘‘(d) RIGHT TO DAMAGES.—No

19 action’’;

20 (5) in subsection (e)—

21 (A) in the matter preceding paragraph (1),

22 by striking ‘‘(e) The United States’’ and insert23 ing ‘‘(e) INTERVENTION OR SEPARATE CIVIL

24 ACTION.—The United States’’; and
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1 (B) by striking paragraph (2) and insert2 ing the following new paragraph:

3 ‘‘(2) while making all reasonable efforts to pro4 vide notice of the action to the individual to whom

5 health services are provided prior to the filing of the

6 action, instituting a civil action.’’;

7 (6) in subsection (f), by striking ‘‘(f) The Unit8 ed States’’ and inserting ‘‘(f) SERVICES COVERED

9 UNDER A SELF-INSURANCE PLAN.—’’; and

10 (7) by adding at the end the following new sub11 sections:

12 ‘‘(g) COSTS OF ACTION.—In any action brought to

13 enforce this section, the court shall award any prevailing

14 plaintiff costs, including attorneys’ fees that were reason15 ably incurred in that action.

16 ‘‘(h) RIGHT OF RECOVERY FOR FAILURE TO PRO17 VIDE REASONABLE ASSURANCES.—The United States, an

18 Indian tribe, or a tribal organization shall have the right

19 to recover damages against any fiduciary of an insurance

20 company or employee benefit plan that is a provider re21 ferred to in subsection (a) who—

22 ‘‘(1) fails to provide reasonable assurances that

23 such insurance company or employee benefit plan

24 has funds that are sufficient to pay all benefits owed
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1 by that insurance company or employee benefit plan

2 in its capacity as such a provider; or

3 ‘‘(2) otherwise hinders or prevents recovery

4 under subsection (a), including hindering the pursuit

5 of any claim for a remedy that may be asserted by

6 a beneficiary or participant covered under subsection

7 (a) under any other applicable Federal or State

8 law.’’.

9 SEC. 17. REVOCATION OF CHARTER OF INCORPORATION

10 OF THE MINNESOTA CHIPPEWA TRIBE

11 UNDER THE INDIAN REORGANIZATION ACT.

12 The request of the Minnesota Chippewa Tribe to sur13 render the charter of incorporation issued to that tribe on

14 September 17, 1937, pursuant to section 17 of the Act

15 of June 18, 1934, commonly known as the ‘‘Indian Reor16 ganization Act’’ (48 Stat. 988, chapter 576; 25 U.S.C.

17 477) is hereby accepted and that charter of incorporation

18 is hereby revoked.

19 SEC. 18. LAND GRANT STATUS FOR 1994 INSTITUTIONS.

20 Section 533(c) of the Equity in Educational Land21 Grant Status Act of 1994 (7 U.S.C. 301 note) is amend22 ed—

23 (1) in paragraph (4)(A), by striking the ‘‘In24 dian student count (as defined in section 390(3) of

25 the Carl D. Perkins Vocational and Applied Tech-
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1 nology Education Act (20 U.S.C. 2397h(3))’’ and

2 inserting ‘‘Indian student count, as determined

3 under paragraph (5)’’; and

4 (2) by adding at the end the following new

5 paragraph:

6 ‘‘(5) INDIAN STUDENT COUNT.—For purposes

7 of paragraph (4), the Indian student count shall

8 be—

9 ‘‘(A) for the 1994 Institutions listed in

10 paragraphs (24), (25), and (27) of section 522,

11 determined for those institutions in the same

12 manner as an Indian student count is deter13 mined for tribally controlled community colleges

14 pursuant to the definition of ‘Indian student

15 count’ under section 2(7) of the Tribally Con16 trolled Community College Assistance Act of

17 2978 (25 U.S.C. 1801(7)); and

18 ‘‘(B) for all of the remaining 1994 Institu19 tions listed in section 522, determined in ac20 cordance with the definition of ‘Indian student

21 count’ under section 390(3) of the Carl D. Per22 kins Vocational and Applied Technology Edu23 cation Act (20 U.S.C. 2397h(3)).’’.
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1 SEC. 19. ADVISORY COUNCIL ON CALIFORNIA INDIAN POL2 ICY ACT OF 1992.

3 Section 5(6) of the Advisory Council on California In4 dian Policy Act of 1992 (106 Stat. 2133; 25 U.S.C. 651

5 note) is amended by striking ‘‘18 months’’ and inserting

6 ‘‘36 months’’.

7 SEC. 20. SAN CARLOS APACHE TRIBE WATER RIGHTS SET8 TLEMENT ACT OF 1992.

9 Section 3711(b)(1) of the San Carlos Apache Tribe

10 Water Rights Settlement Act of 1992 (title XXXVII of

11 Public Law 102–575) is amended by striking ‘‘December

12 31, 1995’’ and inserting ‘‘December 31, 1996’’.

13 SEC. 21. IN-LIEU FISHING SITE TRANSFER AUTHORITY.

14 Section 401 of Public Law 100–581 (102 Stat. 2944–

15 2945) is amended by adding at the end the following new

16 subsection:

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

18 transfer funds to the Department of the Interior to be

19 used for purposes of the continued operation and mainte20 nance of sites improved or developed under this section.’’.

21 SEC. 22. ADOLESCENT TRANSITIONAL LIVING FACILITY.

22 Notwithstanding any other provision of law, any

23 funds that were provided to the Ponca Indian Tribe of

24 Nebraska for any of the fiscal years 1992 through 1995,

25 and that were retained by that Indian tribe, pursuant to

26 a self-determination contract with the Secretary of Health
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1 and Human Services that the Indian tribe entered into

2 under section 102 of the Indian Self-Determination and

3 Education Assistance Act (25 U.S.C. 450f) to carry out

4 programs and functions of the Indian Health Service may

5 be used by that Indian tribe to acquire, develop, and main6 tain a transitional living facility for adolescents, including

7 land for that facility.

Passed the Senate October 31, 1995.

Attest: KELLY D. JOHNSTON,

Secretary.

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