II

105TH CONGRESS

2D SESSION S. 1925

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

and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 2, 1998

Mr. CAMPBELL (for himself and Mr. INOUYE) introduced the following bill;

which was read twice and referred to the Committee on Indian Affairs

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,

3 SECTION 1. AUTHORIZATION FOR 99-YEAR LEASES.

4 The second sentence of subsection (a) of the first sec5 tion of the Act of August 9, 1955 (69 Stat. 539, chapter

6 615; 25 U.S.C. 415), is amended—

7 (1) by inserting ‘‘lands held in trust for the

8 Confederated Tribes of the Grand Ronde Commu9 nity of Oregon,’’ after ‘‘lands held in trust for the

10 Cahuilla Band of Indians of California,’’; and
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1 (2) by inserting ‘‘the Cabazon Indian Reserva2 tion,’’ after ‘‘the Navajo Reservation,’’.

3 SEC. 2. GRAND RONDE RESERVATION ACT.

4 Section 1(c) of the Act entitled ‘‘An Act to establish

5 a reservation for the Confederated Tribes of the Grand

6 Ronde Community of Oregon, and for other purposes,’’

7 approved September 9, 1988 (102 Stat. 1594), is amend8 ed—

9 (1) by striking ‘‘10,120.68 acres of land’’ and

10 inserting ‘‘10,311.60 acres of land’’; and

11 (2) in the table contained in that subsection, by

12 striking all after

‘‘4 7 30 Lots 3, 4, SW1⁄4NE1⁄4, SE1⁄4NW1⁄4,

E1⁄2SW1⁄4;

240’’

13 through the end of the table, and inserting the fol14 lowing:

‘‘6 8 1 N1⁄2SW1⁄4 29.59

6 8 12 W1⁄2SW1⁄4NE1⁄4,

SE1⁄4SW1⁄4NE1⁄4NW1⁄4,

N1⁄2SE1⁄4NW1⁄4, N1⁄2SW1⁄4SW1⁄4SE1⁄4

21.70

6 8 13 W1⁄2E1⁄2NW1⁄4NW1⁄4 5.31

6 7 7E1⁄2E1⁄2 57.60

6 7 8 SW1⁄4SW1⁄4NW1⁄4, W1⁄2SW1⁄4 22.46

6 7 17 NW1⁄4NW1⁄4, N1⁄2SW1⁄4NW1⁄4 10.84

6 7 18 E1⁄2NE1⁄4 43.42

Total 10,311.60’’.
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1 SEC. 3. SAN CARLOS APACHE WATER RIGHTS SETTLEMENT.

2 Section 3711(b) of the San Carlos Apache Tribe

3 Water Rights Settlement Act of 1992 (106 Stat. 4752)

4 is amended by striking ‘‘subsections (c) and (d) of section

5 3704’’ inserting ‘‘section 3704(d)’’.

6 SEC. 4. YUROK SETTLEMENT RECOGNITION.

7 Section 4 of Public Law 98–458 (25 U.S.C. 1407)

8 is amended—

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

10 end;

11 (2) in paragraph (3), by inserting ‘‘or’’ at the

12 end; and

13 (3) by inserting after paragraph (3) the follow14 ing:

15 ‘‘(4) are distributed pursuant to—

16 ‘‘(A) the judgment of the United States

17 Claims Court (which was subsequently reorga18 nized as the United States Court of Federal

19 Claims) in Jesse Short et al. v. United States,

20 486 F2d. 561 (Ct. Cl. 1973); or

21 ‘‘(B) any other judgment of the United

22 States Court of Federal Claims in favor of 1 or

23 more individual Indians,’’.
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1 SEC. 5. SELF-DETERMINATION CONTRACT CARRY-OVER EX2 PENDITURE AUTHORIZATION.

3 Notwithstanding any other provision of law, any

4 funds that were provided to the Ponca Tribe of Nebraska

5 for any of the fiscal years 1992 through 1998 pursuant

6 to a self-determination contract with the Secretary of

7 Health and Human Services that the Ponca Tribe of Ne8 braska entered into under section 102 of the Indian Self9 Determination and Education Assistance Act (25 U.S.C.

10 450f) that were retained by the Ponca Tribe of Nebraska

11 to carry out programs and functions of the Indian Health

12 Service may be used by the Ponca Tribe of Nebraska to

13 purchase or build facilities for the health services pro14 grams of the Ponca Tribe of Nebraska.

15 SEC. 6. NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT.

16 Section 12 of the Navajo-Hopi Land Dispute Settle17 ment Act (Public Law 104–301; 110 Stat. 3653) is

18 amended—

19 (1) in subsection (a)(1)(C), in the first sen20 tence, by inserting ‘‘of surface water’’ after ‘‘on such

21 lands’’; and

22 (2) in subsection (b), striking ‘‘subsection

23 (a)(3)’’ both places it appears and inserting ‘‘sub24 section (a)(1)(C)’’.
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1 SEC. 7. TREATMENT OF CERTAIN DEMONSTRATION

2 PROJECTS.

3 (a) IN GENERAL.—The Secretary of the Interior shall

4 take such action as may be necessary to extend the terms

5 of the projects referred to in section 512 of the Indian

6 Health Care Improvement Act (25 U.S.C. 1660b) so that

7 the term of each such project expires on October 1, 2002.

8 (b) AMENDMENT TO INDIAN HEALTH CARE IM9 PROVEMENT ACT.—Section 512 of the Indian Health Care

10 Improvement Act (25 U.S.C. 1660b) is amended by add11 ing at the end the following:

12 ‘‘(c) In addition to the amounts made available under

13 section 514 to carry out this section through fiscal year

14 2000, there are authorized to be appropriated such sums

15 as may be necessary to carry out this section for each of

16 fiscal years 2001 and 2002.’’.

17 SEC. 8. CONFEDERATED TRIBES OF COOS, LOWER UMPQUA,

18 AND SIUSLAW INDIANS RESERVATION ACT.

19 Section 7(b) of the Coos, Lower Umpqua, and

20 Siuslaw Restoration Act (Public Law 98–481, 98 Stat.

21 2253) is amended by adding at the end the following:

22 ‘‘(4) In Lane County, Oregon, a parcel de23 scribed as beginning at the common corner to sec24 tions 23, 24, 25, and 26 township 18 south, range

25 12 west, Willamette Meridian; then west 25 links;

26 then north 2 chains and 50 links; then east 25 links
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1 to a point on the section line between sections 23

2 and 24; then south 2 chains and 50 links to the

3 place of origin, and containing .062 of an acre, more

4 or less, situated and lying in section 23, township 18

5 south, range 12 west, of Willamette Meridian.’’.

6 SEC. 9. HOOPA VALLEY RESERVATION BOUNDARY ADJUST7 MENT.

8 Section 2(b) of the Hoopa Valley Reservation South

9 Boundary Adjustment Act (25 U.S.C. 1300i–1 note) is

10 amended—

11 (1) by striking ‘‘north 72 degrees 30 minutes

12 east’’ and inserting ‘‘north 73 degrees 50 minutes

13 east’’; and

14 (2) by striking ‘‘south 15 degrees 59 minutes

15 east’’ and inserting ‘‘south 14 degrees 36 minutes

16 east’’.

17 SEC. 10. CLARIFICATION OF SERVICE AREA FOR CONFED18 ERATED TRIBES OF SILETZ INDIANS OF OR19 EGON.

20 Section 2 of the Act entitled ‘‘An Act to establish a

21 reservation for the Confederated Tribes of Siletz Indians

22 of Oregon’’, approved September 4, 1980 (94 Stat. 1073

23 and 1074), is amended—

24 (1) in the first sentence, by striking ‘‘The Sec25 retary’’ and inserting ‘‘(a) The Secretary’’; and
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1 (2) by adding at the end the following:

2 ‘‘(b) Subject to the express limitations under sections

3 4 and 5, for purposes of determining eligibility for Federal

4 assistance programs, the service area of the Confederated

5 Tribes of the Siletz Indians of Oregon shall include Ben6 ton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah,

7 Polk, Tillamook, Washington, and Yamhill Counties in Or8 egon.’’.

9 SEC. 11. MICHIGAN INDIAN LAND CLAIMS SETTLEMENT.

10 Section 111 of the Michigan Indian Land Claims Set11 tlement Act (111 Stat. 2665) is amended—

12 (1) by striking ‘‘The eligibility’’ and inserting

13 the following:

14 ‘‘(b) TREATMENT OF FUNDS FOR PURPOSES OF CER15 TAIN FEDERAL PROGRAMS AND BENEFITS.—The eligi16 bility’’; and

17 (2) by inserting before subsection (b), as des18 ignated by paragraph (1) of this section, the follow19 ing:

20 ‘‘(a) TREATMENT OF FUNDS FOR PURPOSES OF IN21 COME TAXES.—None of the funds distributed pursuant to

22 this Act, or pursuant to any plan approved in accordance

23 with this Act, shall be subject to Federal or State income

24 taxes.’’.
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1 SEC. 12. MISCELLANEOUS TECHNICAL CORRECTIONS.

2 (a) AUTHORIZATION.—Section 711(h) of the Indian

3 Health Care Improvement Act (25 U.S.C. 1665j(h)) is

4 amended by striking ‘‘for each’’ and all that follows

5 through ‘‘2000,’’ and inserting ‘‘for each of fiscal years

6 1996 through 2000,’’.

7 (b) REFERENCE.—Section 4(12)(B) of the Native

8 American Housing Assistance and Self-Determination Act

9 of 1996 (25 U.S.C. 4103(12)(B)) is amended by striking

10 ‘‘Indian Self-Determination and Education Assistance Act

11 of 1975’’ and inserting ‘‘Indian Self-Determination and

12 Education Assistance Act (25 U.S.C. 450 et seq.)’’.

13 SEC. 13. TRANSFER OF WATER RIGHTS.

14 The Jicarilla Apache Tribe Water Rights Settlement

15 Act (106 Stat. 2237 et seq.) is amended by adding at the

16 end the following:

17 ‘‘SEC. 12. TRANSFER OF WATER RIGHTS.

18 ‘‘(a) IN GENERAL.—In accordance with the require19 ments of section 2116 of the Revised Statutes (25 U.S.C.

20 177), the transfer of water rights set forth in paragraph

21 (5) of the stipulation and settlement agreement between

22 the Jicarilla Apache Tribe and other parties to the case

23 referred to in section 8(e)(1)(B)(ii), that was executed on

24 October 7, 1997, is approved.

25 ‘‘(b) EFFECTIVE DATE.—The approval under sub26 section (a) shall become effective on the date of entry of
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1 a partial final decree by the court for the case referred

2 to in that subsection that quantifies the reserved water

3 rights claims of the Jicarilla Apache Tribe.’’.

4 SEC. 14. NATIVE HAWAIIAN HEALTH SCHOLARSHIP PRO5 GRAM.

6 (a) ELIGIBILITY.—Section 10(a)(1) of the Native

7 Hawaiian Health Care Act of 1988 (42 U.S.C.

8 11709(a)(1)) is amended by striking ‘‘meet the require9 ments of section 338A of the Public Health Service Act

10 (42 U.S.C. 2541)’’ and inserting ‘‘meet the requirements

11 of paragraphs (1), (3), and (4) of section 338A(b) of the

12 Public Health Service Act (42 U.S.C. 254l(b))’’.

13 (b) TERMS AND CONDITIONS.—Section 10(b)(1) of

14 the Native Hawaiian Health Care Act of 1988 (42 U.S.C.

15 11709(b)(1)) is amended—

16 (1) in subparagraph (A), by inserting ‘‘identi17 fied in the Native Hawaiian comprehensive health

18 care master plan implemented under section 4’’ after

19 ‘‘health care professional’’;

20 (2) by redesignating subparagraphs (B)

21 through (D) as subparagraphs (C) through (E), re22 spectively;

23 (3) by inserting after subparagraph (A) the fol24 lowing:
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1 ‘‘(B) the primary health services covered under

2 the scholarship assistance program under this sec3 tion shall be the services included under the defini4 tion of that term under section 12(8),’’;

5 (4) by striking subparagraph (D), as redesig6 nated, and inserting the following:

7 ‘‘(D) the obligated service requirement for each

8 scholarship recipient shall be fulfilled through the

9 full-time clinical or nonclinical practice of the health

10 profession of scholarship recipient, in an order of

11 priority that would provide for practice—

12 ‘‘(i) first, in any 1 of the 5 Native

13 Hawaiian health care systems, and

14 ‘‘(ii) second, in—

15 ‘‘(I) a health professional short16 age area or medically underserved

17 area located in the State of Hawaii, or

18 ‘‘(II) geographic area or facility

19 that is—

20 ‘‘(aa) located in the State of

21 Hawaii, and

22 ‘‘(bb) has a designation that

23 is similar to a designation de24 scribed in subclause (I) made by
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1 the Secretary, acting through the

2 Public Health Service,’’;

3 (5) in subparagraph (E), as redesignated, by

4 striking the period and inserting a comma; and

5 (6) by adding at the end the following:

6 ‘‘(F) the obligated service of a scholarship re7 cipient shall not be performed by the recipient

8 through membership in the National Health Service

9 Corps, and

10 ‘‘(G) the requirements of sections 331 through

11 338 of the Public Health Service Act (42 U.S.C.

12 254d through 254k), section 338C of that Act (42

13 U.S.C. 254m), other than subsection (b)(5) of that

14 section, and section 338D of that Act (42 U.S.C.

15 254n) applicable to scholarship assistance provided

16 under section 338A of that Act (42 U.S.C. 254l)

17 shall not apply to the scholarship assistance provided

18 under subsection (a) of this section.’’.

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