II

Calendar No. 949

106TH CONGRESS

2D SESSION S. 3031

[Report No. 106–501]

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

and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 12, 2000

Mr. CAMPBELL introduced the following bill; which was read twice and

referred to the Committee on Indian Affairs

OCTOBER 11 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. CAMPBELL, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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,
2

•S 3031 RS

1 SECTION 1. TECHNICAL CORRECTION TO AN ACT AFFECT2 ING THE STATUS OF MISSISSIPPI CHOCTAW

3 LANDS AND ADDING SUCH LANDS TO THE

4 CHOCTAW RESERVATION.

5 Section 1(a)(2) of Public Law 106–228 (an Act to

6 make technical corrections to the status of certain land

7 held in trust for the Mississippi Band of Choctaw Indians,

8 to take certain land into trust for that Band, and for other

9 purposes) is amended by striking ‘‘September 28, 1999’’

10 and inserting ‘‘February 7, 2000’’.

11 SEC. 2. TECHNICAL CORRECTIONS CONCERNING THE FIVE

12 CIVILIZED TRIBES OF OKLAHOMA.

13 (a) INDIAN SELF-DETERMINATION ACT.—Section

14 1(b)(15)(A) of the model agreement set forth in section

15 108(c) of the Indian Self-Determination Act (25 U.S.C.

16 450l(c)) is amended—

17 (1) by striking ‘‘and section 16’’ and inserting

18 ‘‘, section 16’’; and

19 (2) by striking ‘‘shall not’’ and inserting ‘‘and

20 the Act of July 3, 1952 (25 U.S.C. 82a), shall not’’.

21 (b) INDIAN SELF-DETERMINATION AND EDUCATION

22 ASSISTANCE ACT.—Section 403(h)(2) of the Indian Self23 Determination and Education Assistance Act (25 U.S.C.

24 458cc(h)(2)) is amended—

25 (1) by striking ‘‘and section’’ and inserting

26 ‘‘section’’; and
3

•S 3031 RS

1 (2) by striking ‘‘shall not’’ and inserting ‘‘and

2 the Act of July 3, 1952 (25 U.S.C. 82a), shall not’’.

3 (c) REPEALS.—The following provisions of law are

4 repealed:

5 (1) Section 2106 of the Revised Statutes (25

6 U.S.C. 84).

7 (2) Sections 438 and 439 of title 18, United

8 States Code.

9 SEC. 3. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE

10 LOANS TO THE RED LAKE BAND OF CHIP11 PEWA INDIANS AND THE MINNESOTA CHIP12 PEWA TRIBES.

13 (a) RED LAKE BAND OF CHIPPEWA INDIANS.—Not14 withstanding any other provision of law, the balances of

15 all expert assistance loans made to the Red Lake Band

16 of Chippewa Indians under the authority of Public Law

17 88–168 (77 Stat. 301), and relating to Red Lake Band

18 v. United States (United States Court of Federal Claims

19 Docket Nos. 189 A, B, C), are canceled and the Secretary

20 of the Interior shall take such action as may be necessary

21 to document such cancellation and to release the Red Lake

22 Band of Chippewa Indians from any liability associated

23 with such loans.

24 (b) MINNESOTA CHIPPEWA TRIBE.—Notwith25 standing any other provision of law, the balances of all
4

•S 3031 RS

1 expert assistance loans made to the Minnesota Chippewa

2 Tribe under the authority of Public Law 88–168 (77 Stat.

3 301), and relating to Minnesota Chippewa Tribe v. United

4 States (United States Court of Federal Claims Docket

5 Nos. 19 and 188), are canceled and the Secretary of the

6 Interior shall take such action as may be necessary to doc7 ument such cancellation and to release the Minnesota

8 Chippewa Tribe from any liability associated with such

9 loans.

10 SEC. 4. TECHNICAL AMENDMENT TO THE INDIAN CHILD

11 PROTECTION AND FAMILY VIOLENCE PRO12 TECTION ACT.

13 Section 408(b) of the Indian Child Protection and

14 Family Violence Prevention Act (25 U.S.C. 3207(b)) is

15 amended—

16 (1) by striking ‘‘any offense’’ and inserting

17 ‘‘any felonious offense, or any of 2 of more mis18 demeanor offenses,’’; and

19 (2) by striking ‘‘or crimes against persons’’ and

20 inserting ‘‘crimes against persons; or offenses com21 mitted against children’’.
5

•S 3031 RS

1 SEC. 5. TECHNICAL AMENDMENT REGARDING THE TREAT2 MENT OF CERTAIN INCOME FOR PURPOSES

3 OF FEDERAL ASSISTANCE.

4 Notwithstanding any other provision of law, none of

5 the funds paid by the State of Minnesota to the Bois Forte

6 Band of Chippewa Indians and the Grand Portage Band

7 of Chippewa Indians pursuant to the agreement of such

8 Bands’ to voluntarily restrict tribal rights to hunt and fish

9 in territory ceded under the Treaty of September 30, 1854

10 (10 Stat. 1109), including all interest accrued on such

11 funds during any period in which such funds are held in

12 a minor’s trust, shall be considered as income or re13 sources, or otherwise be used as the basis for denying or

14 reducing the financial assistance or other benefits to which

15 a household or member of such Bands would be entitled

16 to under the Social Security Act (42 U.S.C. 301 et seq.),

17 the Personal Responsibility and Work Opportunity Rec18 onciliation Act of 1966 (Public Law 104–193; 110 Stat.

19 2105) and the amendments made by such Act, or any Fed20 eral or Federally assisted program.

21 SEC. 6. TECHNICAL AMENDMENT TO EXTEND THE AUTHOR22 IZATION PERIOD UNDER THE INDIAN

23 HEALTH CARE IMPROVEMENT ACT.

24 The authorization of appropriations for, and the du25 ration of, each program or activity under the Indian
6

•S 3031 RS

1 Health Care Improvement Act (25 U.S.C. 1601 et seq.)

2 is extended through fiscal year 2001.

3 SEC. 7. TECHNICAL AMENDMENT TO EXTEND THE AUTHOR4 IZATION PERIOD UNDER THE INDIAN ALCO5 HOL AND SUBSTANCE ABUSE PREVENTION

6 AND TREATMENT ACT OF 1986.

7 The authorization of appropriations for, and the du8 ration of, each program or activity under the Indian Alco9 hol and Substance Abuse Prevention and Treatment Act

10 of 1986 (25 U.S.C. 2401 et seq.) is extended through fis11 cal year 2001.

12 SECTION 1. SHORT TITLE.

13 This Act may be cited as the ‘‘Native American Laws

14 Technical Corrections Act of 2000’’.

15 TITLE I—MISCELLANEOUS

16 TECHNICAL PROVISIONS

17 SEC. 101. TECHNICAL CORRECTION TO AN ACT AFFECTING

18 THE STATUS OF MISSISSIPPI CHOCTAW

19 LANDS AND ADDING SUCH LANDS TO THE

20 CHOCTAW RESERVATION.

21 Section 1(a)(2) of Public Law 106–228 (an Act to

22 make technical corrections to the status of certain land held

23 in trust for the Mississippi Band of Choctaw Indians, to

24 take certain land into trust for that Band, and for other
7

•S 3031 RS

1 purposes) is amended by striking ‘‘September 28, 1999’’

2 and inserting ‘‘February 7, 2000’’.

3 SEC. 102. TECHNICAL CORRECTIONS CONCERNING THE

4 FIVE CIVILIZED TRIBES OF OKLAHOMA.

5 (a) INDIAN SELF-DETERMINATION ACT.—Section

6 1(b)(15)(A) of the model agreement set forth in section

7 108(c) of the Indian Self-Determination Act (25 U.S.C.

8 450l(c)) is amended—

9 (1) by striking ‘‘and section 16’’ and inserting ‘‘,

10 section 16’’; and

11 (2) by striking ‘‘shall not’’ and inserting ‘‘and

12 the Act of July 3, 1952 (25 U.S.C. 82a), shall not’’.

13 (b) INDIAN SELF-DETERMINATION AND EDUCATION

14 ASSISTANCE ACT.—Section 403(h)(2) of the Indian Self15 Determination and Education Assistance Act (25 U.S.C.

16 458cc(h)(2)) is amended—

17 (1) by striking ‘‘and section’’ and inserting ‘‘sec18 tion’’; and

19 (2) by striking ‘‘shall not’’ and inserting ‘‘and

20 the Act of July 3, 1952 (25 U.S.C. 82a), shall not’’.

21 (c) REPEALS.—The following provisions of law are re22 pealed:

23 (1) Section 2106 of the Revised Statutes (25

24 U.S.C. 84).
8

•S 3031 RS

1 (2) Sections 438 and 439 of title 18, United

2 States Code.

3 SEC. 103. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE

4 LOANS TO THE RED LAKE BAND OF CHIP5 PEWA INDIANS AND THE MINNESOTA CHIP6 PEWA TRIBES.

7 (a) RED LAKE BAND OF CHIPPEWA INDIANS.—Not8 withstanding any other provision of law, the balances of

9 all expert assistance loans made to the Red Lake Band of

10 Chippewa Indians under the authority of Public Law 88–

11 168 (77 Stat. 301), and relating to Red Lake Band v.

12 United States (United States Court of Federal Claims

13 Docket Nos. 189 A, B, C), are canceled and the Secretary

14 of the Interior shall take such action as may be necessary

15 to document such cancellation and to release the Red Lake

16 Band of Chippewa Indians from any liability associated

17 with such loans.

18 (b) MINNESOTA CHIPPEWA TRIBE.—Notwithstanding

19 any other provision of law, the balances of all expert assist20 ance loans made to the Minnesota Chippewa Tribe under

21 the authority of Public Law 88–168 (77 Stat. 301), and

22 relating to Minnesota Chippewa Tribe v. United States

23 (United States Court of Federal Claims Docket Nos. 19 and

24 188), are canceled and the Secretary of the Interior shall

25 take such action as may be necessary to document such can-
9

•S 3031 RS

1 cellation and to release the Minnesota Chippewa Tribe from

2 any liability associated with such loans.

3 SEC. 104. TECHNICAL AMENDMENT TO THE INDIAN CHILD

4 PROTECTION AND FAMILY VIOLENCE PRO5 TECTION ACT.

6 Section 408(b) of the Indian Child Protection and

7 Family Violence Prevention Act (25 U.S.C. 3207(b)) is

8 amended—

9 (1) by striking ‘‘any offense’’ and inserting ‘‘any

10 felonious offense, or any of 2 of more misdemeanor of11 fenses,’’; and

12 (2) by striking ‘‘or crimes against persons’’ and

13 inserting ‘‘crimes against persons; or offenses com14 mitted against children’’.

15 SEC. 105. TECHNICAL AMENDMENT TO EXTEND THE AU16 THORIZATION PERIOD UNDER THE INDIAN

17 HEALTH CARE IMPROVEMENT ACT.

18 The authorization of appropriations for, and the dura19 tion of, each program or activity under the Indian Health

20 Care Improvement Act (25 U.S.C. 1601 et seq.) is extended

21 through fiscal year 2001.
10

•S 3031 RS

1 SEC. 106. TECHNICAL AMENDMENT TO EXTEND THE AU2 THORIZATION PERIOD UNDER THE INDIAN

3 ALCOHOL AND SUBSTANCE ABUSE PREVEN4 TION AND TREATMENT ACT OF 1986.

5 The authorization of appropriations for, and the dura6 tion of, each program or activity under the Indian Alcohol

7 and Substance Abuse Prevention and Treatment Act of

8 1986 (25 U.S.C. 2401 et seq.) is extended through fiscal year

9 2001.

10 SEC. 107. MORRIS K. UDALL SCHOLARSHIP AND EXCEL11 LENCE IN NATIONAL ENVIRONMENTAL POL12 ICY FOUNDATION.

13 (a) AUTHORITY.—Section 6(7) of the Morris K. Udall

14 Scholarship and Excellence in National Environmental and

15 Native American Public Policy Act of 1992 (20 U.S.C.

16 5604(7)) is amended by inserting before the semicolon at

17 the end the following: ‘‘, by conducting management and

18 leadership training of Native Americans, Alaska Natives,

19 and others involved in tribal leadership, providing assist20 ance and resources for policy analysis, and carrying out

21 other appropriate activities.’’.

22 (b) ADMINISTRATIVE PROVISIONS.—Section 12(b) of

23 the Morris K. Udall Scholarship and Excellence in National

24 Environmental and Native American Public Policy Act of

25 1992 (20 U.S.C. 5608(b)) is amended by inserting before
11

•S 3031 RS

1 the period at the end the following: ‘‘and to the activities

2 of the Foundation under section 6(7)’’.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 13

4 of the Morris K. Udall Scholarship and Excellence in Na5 tional Environmental and Native American Public Policy

6 Act of 1992 (20 U.S.C. 5609) is amended by adding at the

7 end the following:

8 ‘‘(c) TRAINING OF PROFESSIONALS IN HEALTH CARE

9 AND PUBLIC POLICY.—There is authorized to be appro10 priated to carry out section 6(7) $12,300,000 for the 5-year

11 period beginning with the first fiscal year that begins after

12 the date of enactment of this subsection.’’.

13 SEC. 108. TECHNICAL AMENDMENT REGARDING THE

14 TREATMENT OF CERTAIN INCOME FOR PUR15 POSES OF FEDERAL ASSISTANCE.

16 Section 7 of the Act of October 19, 1973 (25 U.S.C.

17 1407) is amended—

18 (1) in paragraph (2), by striking ‘‘or’’ at the

19 end;

20 (2) in paragraph (3), by adding ‘‘or’’ at the end;

21 and

22 (3) by inserting after paragraph (3), the fol23 lowing:

24 ‘‘(4) are paid by the State of Minnesota to the

25 Bois Forte Band of Chippewa Indians pursuant to
12

•S 3031 RS

1 the agreements of such Band to voluntarily restrict

2 tribal rights to hunt and fish in territory cede under

3 the Treaty of September 30, 1854 (10 Stat. 1109),

4 including all interest accrued on such funds during

5 any period in which such funds are held in a minor’s

6 trust,’’.

7 TITLE II—SANTA FE INDIAN

8 SCHOOL

9 SEC. 201. SHORT TITLE.

10 This title may be cited as the ‘‘Santa Fe Indian School

11 Act’’.

12 SEC. 202. DEFINITIONS.

13 In this title:

14 (1) 19 PUEBLOS.—The term ‘‘19 Pueblos’’ means

15 the Indian pueblos of Acoma, Cochiti Isleta, Jemen,

16 Laguna, Nambe, Picuris, Pojoaque, San Felipe, San

17 Ildefonso, San Juan, Sandia, Santa Ana, Santa

18 Clara, Santo Domingo, Taos, Tesuque, Zia, and

19 Zuni.

20 (2) SANTA FE INDIAN SCHOOL, INC.—The term

21 ‘‘Santa Fe Indian School, Inc.’’ means a corporation

22 chartered under laws of the State of New Mexico.

23 (3) SECRETARY.—The term ‘‘Secretary’’ means

24 the Secretary of the Interior.
13

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1 SEC. 203. TRANSFER OF CERTAIN LANDS FOR USE AS THE

2 SANTA FE INDIAN SCHOOL.

3 (a) IN GENERAL.—All right, title, and interest of the

4 United States in and to the land, including improvements

5 and appurtenances thereto, described in subsection (b) are

6 declared to be held in trust for the benefit of the 19 Pueblos

7 of New Mexico.

8 (b) LAND.—

9 (1) IN GENERAL.—The land described in this

10 subsection is the tract of land, located in the City and

11 County of Santa Fe, New Mexico, upon which the

12 Santa Fe Indian School is located and more particu13 larly described as all that certain real property, ex14 cluding the tracts described in paragraph (2), as

15 shown in the United Sates General Land Office Plat

16 of the United States Indian School Tract dated March

17 19, 1937, and recorded at Book 363, Page 024, Office

18 of the Clerk, Santa Fe County, New Mexico, con19 taining a total acreage of 131.43 acres, more or less.

20 (2) EXCLUSIONS.—The excluded tracts described

21 in this paragraph are all portions of any tracts here22 tofore conveyed by the deeds recorded in the Office of

23 the Clerk, Santa Fe County, New Mexico, at—

24 (A) Book 114, Page 106, containing 0.518

25 acres, more or less;
14

•S 3031 RS

1 (B) Book 122, Page 45, containing 0.238

2 acres, more or less;

3 (C) Book 123, Page 228, containing 14.95,

4 more or less; and

5 (D) Book 130, Page 84, containing 0.227

6 acres, more or less;

7 leaving, as the net acreage to be included in the land

8 described in paragraph (1) and taken into trust pur9 suant to subsection (a), a tract containing 115.5

10 acres, more or less.

11 (c) LIMITATIONS AND CONDITIONS.—The land taken

12 into trust pursuant to subsection (a) shall remain subject

13 to—

14 (1) any existing encumbrances, rights of way, re15 strictions, or easements of record;

16 (2) the right of the Indian Health Service to con17 tinue use and occupancy of 10.23 acres of such land

18 which are currently occupied by the Santa Fe Indian

19 Hospital and its parking facilities as more fully de20 scribed as Parcel ‘‘A’’ in legal description No. Pd–K–

21 51–06–01 and recorded as Document No. 059–3–778,

22 Bureau of Indian Affairs Land Title & Records Of23 fice, Albuquerque, New Mexico; and

24 (3) the right of the United States to use, without

25 cost, additional portions of land transferred pursuant
15

•S 3031 RS

1 to this section, which are contiguous to the land de2 scribed in paragraph (2), for purposes of the Indian

3 Health Service.

4 SEC. 204. LAND USE.

5 (a) LIMITATION FOR EDUCATIONAL AND CULTURAL

6 PURPOSES.—The land taken into trust under section

7 203(a) shall be used solely for the educational, health, or

8 cultural purposes of the Santa Fe Indian School, including

9 use for related non-profit or technical programs, as operated

10 by Santa Fe Indian School, Inc. on the date of enactment

11 of this Act.

12 (b) REVERSION.—

13 (1) IN GENERAL.—If the Secretary determines

14 that the land taken into trust under section 203(a) is

15 not being used as required under subsection (a), the

16 Secretary shall provide appropriate notice to the 19

17 Pueblos of such noncompliance and require the 19

18 Pueblos to comply with the requirements of this title.

19 (2) CONTINUED FAILURE TO COMPLY.—If the

20 Secretary, after providing notice under paragraph (1)

21 and after the expiration of a reasonable period of

22 time, determines that the noncompliance that was the

23 subject of the notice has not been corrected, the land

24 shall revert to the United States.
16

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1 (c) APPLICABILITY OF LAWS.—Except as otherwise

2 provided in this title, the land taken into trust under sec3 tion 203(a) shall be subject to the laws of the United States

4 relating to Indian lands.

5 (d) GAMING.—Gaming, as defined and regulated by

6 the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.),

7 shall be prohibited on the land taken into trust under sub8 section (a).

Calendar No. 949

106TH CONGRESS

2D SESSION S. 3031

[Report No. 106–501]

A BILL

To make certain technical corrections in laws relating to Native Americans, and for other purposes.

OCTOBER 12 (legislative day, SEPTEMBER 22), 2000

Reported with an amendment