II 

108TH CONGRESS 

1ST SESSION S. 1955

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

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 25, 2003

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

referred to the Committee on Indian Affairs 

A BILL

To make technical corrections to 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. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Native American Technical Corrections Act of 2004’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—TECHNICAL AMENDMENTS AND OTHER PROVISIONS 

RELATING TO NATIVE AMERICANS 

Sec. 101. National Fund for Excellence in American Indian Education. 
2

•S 1955 IS 

Sec. 102. Indian Financing Act Amendment. 

Sec. 103. Exchanged Indian land. 

Sec. 104. Indian tribal justice technical and legal assistance. 

Sec. 105. Tribal justice systems. 

Sec. 106. Authorization of 99-year leases for the Prairie Band of Potawatomi. 

Sec. 107. Navajo healthcare contracting. 

Sec. 108. Crow Tribal Trust Fund. 

Sec. 109. Fallon Paiute-Shoshone Tribe Settlement Fund. 

Sec. 110. ANCSA amendment. 

TITLE II—COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDGMENT 

FUNDS ACT 

Sec. 201. Cowlitz Indian Tribe Distribution of Judgment Funds Act. 

Sec. 202. Definitions. 

Sec. 203. Judgment distribution plan. 

Sec. 204. Distribution and use of funds. 

TITLE III—ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK 

RESERVATION. 

Sec. 301. Short title. 

Sec. 302. Findings and purpose. 

Sec. 303. Definitions. 

Sec. 304. Distribution of judgment funds. 

Sec. 305. Applicable law. 

TITLE IV—UTU UTU GWAITU PAIUTE INDIAN LAND TRANSFER 

Sec. 401. Transfer.

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Interior. 

4 TITLE I—TECHNICAL AMEND5 MENTS AND OTHER PROVI6 SIONS RELATING TO NATIVE 

7 AMERICANS 

8 SEC. 101. NATIONAL FUND FOR EXCELLENCE IN AMERICAN 

9 INDIAN EDUCATION. 

10 Title V of the Indian Self-Determination and Edu11 cation Assistance Act (25 U.S.C. 458bbb) is amended—
3

•S 1955 IS 

1 (1) by striking the title heading and inserting 

2 the following: 

3 ‘‘TITLE V—NATIONAL FUND FOR 

4 EXCELLENCE IN AMERICAN 

5 INDIAN EDUCATION’’; 

6 (2) in section 501 (25 U.S.C. 458bbb)—

7 (A) by striking the section heading and in8 serting the following: 

9 ‘‘SEC. 501. NATIONAL FUND FOR EXCELLENCE IN AMER10 ICAN INDIAN EDUCATION.’’; 

11 and 

12 (B) in subsection (a), by striking ‘‘the 

13 American Indian Education Foundation’’ and 

14 inserting ‘‘a foundation to be known as the ‘Na15 tional Fund for Excellence in American Indian 

16 Education’ ’’; and 

17 (3) in section 503(2) (25 U.S.C. 458bbb–2(2)), 

18 by striking ‘‘Foundation’’ the second place it ap19 pears and inserting ‘‘National Fund for Excellence 

20 in American Indian Education’’. 

21 SEC. 102. INDIAN FINANCING ACT AMENDMENT. 

22 (a) LOAN GUARANTIES AND INSURANCE.—Section 

23 201 of the Indian Financing Act of 1974 (25 U.S.C. 

24 1481) is amended—
4

•S 1955 IS 

1 (1) by striking ‘‘the Secretary is authorized (a) 

2 to guarantee’’ and inserting ‘‘the Secretary may—

3 ‘‘(1) guarantee’’; 

4 (2) by striking ‘‘members; and (b) in lieu of 

5 such guaranty, to insure’’ and inserting ‘‘members; 

6 or 

7 ‘‘(2) to insure’’; 

8 (3) by striking ‘‘SEC. 201. In order’’ and insert9 ing the following: 

10 ‘‘SEC. 201. LOAN GUARANTIES AND INSURANCE. 

11 ‘‘(a) IN GENERAL.—In order’’; and 

12 (4) by adding at the end the following: 

13 ‘‘(b) ELIGIBLE BORROWERS.—The Secretary may 

14 guarantee or insure loans under subsection (a) to both for15 profit and nonprofit borrowers.’’. 

16 (b) LOAN APPROVAL.—Section 204 of the Indian Fi17 nancing Act of 1974 (25 U.S.C. 1484) is amended by 

18 striking ‘‘SEC. 204.’’ and inserting the following: 

19 ‘‘SEC. 204. LOAN APPROVAL.’’. 

20 SEC. 103. EXCHANGED INDIAN LAND. 

21 Notwithstanding any other provision of law, if—

22 (1) any portion of the Indian country (as de23 fined in section 1151 of title 18, United States 

24 Code) under the jurisdiction of an Indian tribe was 
5

•S 1955 IS 

1 subject to a government taking for a project that re2 ceived any funding under Public Law 85–500; 

3 (2) the Indian tribe applies for land to be taken 

4 into trust by the Federal Government; and 

5 (3) the Secretary of the Interior accepts the 

6 land into trust on behalf of the Indian tribe; 

7 the land shall be deemed for all purposes to have been 

8 acquired in trust as of the date of the taking. 

9 SEC. 104. INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL 

10 ASSISTANCE. 

11 Sections 106 and 201(d) of the Indian Tribal Justice 

12 Technical and Legal Assistance Act (25 U.S.C. 3666, 

13 3681(d)) are amended by striking ‘‘for fiscal years 2000 

14 through 2004’’ and inserting ‘‘for fiscal years 2004 

15 through 2010’’. 

16 SEC. 105. TRIBAL JUSTICE SYSTEMS. 

17 Subsections (a), (b), (c), and (d) of section 201 of 

18 the Indian Tribal Justice Act (25 U.S.C. 3621) are 

19 amended by striking ‘‘2007’’ and inserting ‘‘2010’’. 

20 SEC. 106. AUTHORIZATION OF 99-YEAR LEASES FOR THE 

21 PRAIRIE BAND OF POTAWATOMI. 

22 (a) IN GENERAL.—Subsection (a) of the first section 

23 of the Act of August 9, 1955 (25 U.S.C. 415(a)) is amend24 ed in the second sentence—
6

•S 1955 IS 

1 (1) by inserting ‘‘the reservation of the Prairie 

2 Band Potawatomi Nation Reservation,’’ after 

3 ‘‘Spanish Grant’),’’; and

4 (2) by inserting ‘‘lands held in trust for the 

5 Prairie Band Potawatomi Nation,’’ before ‘‘lands 

6 held in trust for the Cherokee Nation of Oklahoma’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 subsection (a) apply to any lease entered into or renewed 

9 on or after the date of enactment of this Act. 

10 SEC. 107. NAVAJO HEALTHCARE CONTRACTING. 

11 Congress authorizes the Navajo Area Office of the In12 dian Health Service to reprogram contract healthcare 

13 service dollars for the Navajo Health Foundation/Sage 

14 Memorial Hospital 638 contract. 

15 SEC. 108. CROW TRIBAL TRUST FUND. 

16 Section 6(d) of the Crow Boundary Settlement Act 

17 of 1994 (25 U.S.C. 1776d(d)), is amended—

18 (1) in the subsection heading, by inserting 

19 ‘‘AND CAPITAL GAINS’’ after ‘‘INTEREST’’; 

20 (2) in paragraph (1), by striking ‘‘Only’’ and 

21 inserting ‘‘Except as provided in paragraph (4), 

22 only’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(4) DISTRIBUTION OF CAPITAL GAINS.—Not25 withstanding subsection (f) or any other provision of 
7

•S 1955 IS 

1 law, capital gains and any other noninterest income 

2 received on funds in the Crow Tribal Trust Fund 

3 shall be available for distribution by the Secretary to 

4 the Crow Tribe to the extent that the balance in the 

5 Crow Tribal Trust Fund (including capital gains) 

6 exceeds $85,000,000, for the same uses and subject 

7 to the same restrictions in paragraphs (1) and (3) 

8 as are applicable to distributions of interest.’’. 

9 SEC. 109. FALLON PAIUTE-SHOSHONE TRIBE SETTLEMENT 

10 FUND. 

11 Section 102 of the Fallon Paiute Shoshone Indian 

12 Tribes Water Rights Settlement Act of 1990 (104 Stat. 

13 3289) is amended—

14 (1) In subsection (C)—

15 (A) in paragraph (1), by striking ‘‘The in16 come of the Fund may be obligated and ex17 pended only for the following purposes:’’ and in18 serting the following: ‘‘Notwithstanding any 

19 conflicting provision in the original Fund plan 

20 developed in consultation with the Secretary 

21 under subsection (f), during fiscal year 2004 

22 and each subsequent fiscal year, 6 percent of 

23 the average quarterly market value of the Fund 

24 during the immediately preceding 3 fiscal years 

25 (referred to in this title as the ‘Annual 6 per-
8

•S 1955 IS 

1 cent Amount’) may be expended or obligated 

2 only for the purposes specified in subpara3 graphs (a) through (f) of this section. In addi4 tion, during each fiscal year subsequent to 

5 Fund fiscal year 2004, any unexpended and un6 obligated portion of the Annual 6 percent 

7 Amount from any of the 3 immediately pre8 ceding Fund fiscal years subsequent to fiscal 

9 year 2003, not including any income that may 

10 accrue on that portion may also be expended or 

11 obligated only for the following purposes:’’; and 

12 (B) by striking paragraphs (2) through (4) 

13 and inserting the following: 

14 ‘‘(2) No monies from the Fund other than the 

15 amounts authorized in subsection (C)(1) may be expended 

16 or obligated for any purpose. 

17 ‘‘(3) Notwithstanding any conflicting provision in the 

18 original Fund plan, during fiscal year 2004 and each sub19 sequent fiscal year, not more than 20 percent of the An20 nual 6 percent Amount for the fiscal year (referred to in 

21 this title as the ‘Annual 1.2 percent Amount’) may be ex22 pended or obligated under subsection (c)(1)(C) for per 

23 capita distributions to tribal members, provided that dur24 ing each Fund fiscal year subsequent to fiscal year 2004, 

25 any unexpended and unobligated portion of the Annual 1.2 
9

•S 1955 IS 

1 percent Amount from any of the 3 immediately preceding 

2 Fund fiscal years subsequent to fiscal year 2003, not in3 cluding any income that may accrue on that portion, may 

4 also be expended or obligated for such per capita pay5 ments.’’; and 

6 (2) in subsection (D), by adding at the end the 

7 following: ‘‘Notwithstanding any conflicting provi8 sion in the original Fund plan, the Fallon Business 

9 Council, in consultation with the Secretary, shall 

10 promptly amend the original plan for purposes of 

11 conforming the plan to this title and making non12 substantive updates, improvements, or corrections to 

13 the original plan.’’. 

14 SEC. 110. ANCSA AMENDMENT. 

15 All land and interests in land in the State of Alaska 

16 conveyed by the Federal Government under the Alaska 

17 Native Claims Settlement Act (43 U.S.C. 1601 et seq.) 

18 to a Native Corporation and reconveyed by that Native 

19 Corporation, or a successor in interest, in exchange for 

20 any other land or interest in land in the State of Alaska 

21 and located within the same region (as defined in section 

22 9(a) of the Alaska Native Claims Settlement Act (43 

23 U.S.C. 1608(a)), to a Native Corporation under an ex24 change or other conveyance, shall be deemed, notwith-
10

•S 1955 IS 

1 standing the conveyance or exchange, to have been con2 veyed pursuant to that Act.

3 TITLE II—COWLITZ INDIAN 

4 TRIBE DISTRIBUTION OF 

5 JUDGMENT FUNDS ACT 

6 SEC. 201. COWLITZ INDIAN TRIBE DISTRIBUTION OF JUDG7 MENT FUNDS ACT. 

8 This title shall be known as the ‘‘Cowlitz Indian Tribe 

9 Distribution of Judgment Funds Act’’. 

10 SEC. 202. DEFINITIONS. 

11 In this title: 

12 (1) CURRENT JUDGMENT FUND.—The term 

13 ‘‘current judgment fund’’ means the funds awarded 

14 by the Indian Claims Commission Docket No. 218 

15 and all interest accrued on the funds as of the date 

16 of enactment of this Act. 

17 (2) INITIAL INTEREST.—The term ‘‘initial in18 terest’’ means the interest on the funds awarded by 

19 the Indian Claims Commission Docket No. 218 dur20 ing the time period from 1 year before the date of 

21 enactment of this Act through the date of enactment 

22 of this Act. 

23 (3) PRINCIPAL.—The term ‘‘principal’’ means 

24 the funds awarded by the Indian Claims Commission 

25 Docket No. 218 and all interest accrued on the 
11

•S 1955 IS 

1 funds as of 1 year before the date of enactment of 

2 this Act. 

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

4 the Secretary of the Interior. 

5 (5) TRIBE.—The term ‘‘Tribe’’ means the 

6 Cowlitzq Indian Tribe of Washington, to which the 

7 Secretary extended Federal recognition on December 

8 31, 2001, under part 83 of title 25, Code of Federal 

9 Regulations. 

10 (6) TRIBAL MEMBER.—The term ‘‘tribal mem11 ber’’ means an individual who is an enrolled member 

12 of the Cowlitz Indian Tribe in accordance with tribal 

13 enrollment procedures and requirements. 

14 (7) TRIBAL ELDER.—The term ‘‘tribal elder’’ 

15 means a tribal member who was 62 years of age or 

16 older as of February 14, 2000. 

17 SEC. 203. JUDGMENT DISTRIBUTION PLAN. 

18 Notwithstanding the Indian Tribal Judgment Funds 

19 Use or Distribution Act (25 U.S.C. 1401 et seq.), or any 

20 plan prepared or promulgated by the Secretary under that 

21 Act, the judgment funds awarded in Indian Claims Com22 mission Docket No. 218 and interest accrued on those 

23 funds as of the date of enactment of this Act shall be dis24 tributed and used in accordance with this title. 
12

•S 1955 IS 

1 SEC. 204. DISTRIBUTION AND USE OF FUNDS. 

2 (a) PRESERVATION OF PRINCIPAL AFTER ELDERLY

3 ASSISTANCE AND TRIBAL ADMINISTRATION PAYMENTS.—

4 (1) IN GENERAL.—Except as provided in sub5 section (b), the principal shall not be distributed 

6 under this title. 

7 (2) DISBURSEMENTS.—The Secretary shall—

8 (A) maintain undistributed current judg9 ment funds in an interest-bearing account in 

10 trust for the Tribe; and 

11 (B) disburse principal or interest in ac12 cordance with this title not later than 30 days 

13 after receipt by the Northwest Regional Direc14 tor of the Bureau of Indian Affairs of a request 

15 by the Cowlitz Tribal Council for a disburse16 ment of funds. 

17 (b) ELDERLY ASSISTANCE PROGRAM.—

18 (1) SETASIDE.—From the current judgment 

19 fund, the Secretary shall set aside 20 percent for an 

20 elderly assistance payment. 

21 (2) PAYMENTS.—The Secretary shall provide 1 

22 elderly assistance payment to each enrolled tribal 

23 elder not later than 30 days after all of the following 

24 have occurred: 

25 (A) LIST OF ENROLLED MEMBERS.—The 

26 Cowlitz Tribal Council has compiled and re-
13

•S 1955 IS 

1 viewed for accuracy a list of all enrolled tribal 

members that are both a minimum of 1 2 ⁄16 Cow3 litz blood and 62 years of age or older as of 

4 February 14, 2000. 

5 (B) VERIFICATION.—The Secretary has 

6 verified the blood quantum and age of the tribal 

7 members identified on the list under subpara8 graph (A). 

9 (C) REQUEST FOR DISBURSEMENT.—The 

10 Cowlitz Tribal Council has made a request for 

11 disbursement of judgment funds for the elderly 

12 assistance payment. 

13 (3) DEATH OF TRIBAL ELDER.—If a tribal 

14 elder eligible for an elderly assistance payment dies 

15 before receiving payment under this subsection, the 

16 funds that would have been paid to the tribal elder 

17 shall be added to and distributed in accordance with 

18 the emergency assistance program under subsection 

19 (c). 

20 (4) COSTS.—The Secretary shall pay all costs 

21 of distribution under this subsection out of the 

22 amount set aside under paragraph (1). 

23 (c) EMERGENCY ASSISTANCE PROGRAM.—
14

•S 1955 IS 

1 (1) SETASIDE.—From the principal, the Sec2 retary shall set aside 10 percent for an emergency 

3 assistance program.

4 (2) DISTRIBUTION OF INTEREST.—Beginning 

5 the second year after the date of enactment of this 

6 Act, interest earned on the amount setaside—

7 (A) shall be distributed annually in a lump 

8 sum to the Cowlitz Tribal Council; and 

9 (B) shall be used to provide emergency as10 sistance for tribal members. 

11 (3) AVAILABILITY OF INTEREST.—Of the initial 

12 interest, 10 percent shall be available on the date of 

13 enactment of this Act shall be used to fund the pro14 gram for the first year after the date of enactment 

15 of this Act. 

16 (d) EDUCATION, VOCATIONAL, AND CULTURAL

17 TRAINING PROGRAM.—

18 (1) SETASIDE.—From the principal, the Sec19 retary shall set aside 10 percent for an education, 

20 vocational, and cultural training program. 

21 (2) DISTRIBUTION OF INTEREST.—Beginning 

22 the second year after the date of enactment of this 

23 Act, interest earned on the amount setaside—

24 (A) shall be distributed annually in a lump 

25 sum to the Cowlitz Tribal Council; and 
15

•S 1955 IS 

1 (B) shall be used to provide scholarships to 

2 tribal members pursuing educational advance3 ment, including cultural and vocational train4 ing. 

5 (3) AVAILABILITY OF INTEREST.—Of the initial 

6 interest, 10 percent shall be available upon the date 

7 of enactment of this Act to fund the program for the 

8 first year after the date of enactment of this Act. 

9 (e) HOUSING ASSISTANCE PROGRAM.—

10 (1) SETASIDE.—From the principal, the Sec11 retary shall set aside 5 percent for a housing assist12 ance program. 

13 (2) DISTRIBUTION OF INTEREST.—Beginning 

14 the second year after the date of enactment of this 

15 Act, interest earned on the amount set aside—

16 (A) shall be disbursed annually in a lump 

17 sum to the Cowlitz Tribal Council; and 

18 (B) shall be—

19 (i) used as a supplement to any exist20 ing tribal housing improvements program; 

21 or 

22 (ii) used in a separate housing assist23 ance Program established by the Cowlitz 

24 Tribal Council. 
16

•S 1955 IS 

1 (3) AVAILABILITY OF INTEREST.—Of the initial 

2 interest, 5 percent shall be available on the date of 

3 enactment of this Act to fund the program for the 

4 first year after the date of enactment of this Act. 

5 (f) ECONOMIC DEVELOPMENT, TRIBAL, AND CUL6 TURAL CENTERS.—

7 (1) SETASIDE.—From the principal, the Sec8 retary shall set aside 21.5 percent—

9 (A) for economic development; and 

10 (B) if other funding is not available or not 

11 adequate (as determined by the Tribe), for the 

12 construction and maintenance of tribal and cul13 tural centers. 

14 (2) DISTRIBUTION OF INTEREST.—Beginning 

15 the second year after the date of enactment of this 

16 Act, interest earned on the amount set aside—

17 (A) shall be disbursed annually in a lump 

18 sum to the Cowlitz Tribal Council; and 

19 (B) shall be used for—

20 (i) property acquisition for business or 

21 other activities that are likely to benefit 

22 the Tribe economically or provide employ23 ment for tribal members; 

24 (ii) business development for the 

25 Tribe, including collateralization of loans 
17

•S 1955 IS 

1 for the purchase or operation of busi2 nesses, matching funds for economic devel3 opment grants, joint venture partnerships, 

4 and other similar ventures that are likely 

5 to produce profits for the Tribe; and 

6 (iii) design, construction, mainte7 nance, and operation of tribal centers and 

8 cultural centers. 

9 (3) LOAN REPAYMENT.—The principal and in10 terest of any business loan made under paragraph 

11 (2) shall be repaid to the economic development pro12 gram for reinvestments, and business profits shall be 

13 credited to the general fund of the Tribe for uses to 

14 be determined by the Cowlitz Tribal Council. 

15 (4) AVAILABILITY OF INTEREST.— 21.5 percent 

16 of the initial interest available upon the date of en17 actment of this Act to fund the program for the first 

18 year after the date of enactment of this Act. 

19 (g) NATURAL RESOURCES.—

20 (1) SETASIDE.—From the principal, the Sec21 retary shall set aside 7.5 percent for natural re22 sources. 

23 (2) DISTRIBUTION OF INTEREST.—Beginning 

24 the second year after the date of enactment of this 

25 Act, interest earned on the amount set aside—
18

•S 1955 IS 

1 (A) shall be disbursed annually in a lump 

2 sum to the Cowlitz Tribal Council; and

3 (B) may be added to any existing tribal 

4 natural resource program to enhance the use 

5 and enjoyment by the Tribe of existing and re6 newable natural resources on tribal land. 

7 (3) AVAILABILITY OF INTEREST.—7.5 percent 

8 of the initial interest shall be available upon the date 

9 of enactment of this Act to fund the program for the 

10 first year after the date of enactment of this Act. 

11 (h) CULTURAL RESOURCES.—

12 (1) SETASIDE.—From the principal, the Sec13 retary shall set aside 4 percent for cultural re14 sources. 

15 (2) DISTRIBUTION OF INTEREST.—Beginning 

16 the second year after the date of enactment of this 

17 Act, interest earned on the amount set aside—

18 (A) shall be distributed annually in a lump 

19 sum to the Cowlitz Tribal Council; and 

20 (B) shall be used to—

21 (i) maintain artifacts; 

22 (ii) collect documents; and 

23 (iii) archive and identify cultural sites 

24 of tribal significance. 
19

•S 1955 IS 

1 (3) AVAILABILITY OR INTEREST.—Of the initial 

2 interest, 4 percent shall be available on the date of 

3 enactment of this Act to fund the program for the 

4 first year after the date of enactment of this Act. 

5 (i) HEALTH.—

6 (1) SETASIDE.—From the principal, the Sec7 retary shall set aside 21 percent for health. 

8 (2) DISTRIBUTION OF INTEREST.—Beginning 

9 the second year after the date of enactment of this 

10 Act, interest earned on the amount set aside—

11 (A) shall be disbursed annually in a lump 

12 sum to the Cowlitz Tribal Council; and 

13 (B) shall be used for the health needs of 

14 the Tribe. 

15 (3) AVAILABILITY OF INTEREST.—21 percent of 

16 the initial interest shall be available on the date of 

17 enactment of this Act to fund the program for the 

18 first year after the date of enactment of this Act. 

19 (j) TRIBAL ADMINISTRATION PROGRAM.—

20 (1) SETASIDE.—From the principal, the Sec21 retary shall set aside 21 percent for tribal adminis22 tration. 

23 (2) DISTRIBUTION OF INTEREST.—

24 (A) INITIAL DISTRIBUTION.—Of the initial 

25 interest, 21 percent, and of the principal, the 
20

•S 1955 IS 

1 difference between 21 percent of the initial in2 terest and $150,000, shall be set aside and im3 mediately disbursed to the Tribe for the pur4 poses of funding tribal administration for the 

5 first year after the date of enactment of this 

6 Act. 

7 (B) SUBSEQUENT DISTRIBUTION.—Begin8 ning the second year after the date of enact9 ment of this Act, interest earned on the remain10 ing principal set aside under this subsection 

11 shall be disbursed annually in a lump sum to 

12 pay the operating costs of the Cowlitz Tribal 

13 Council, including travel, telephone, cultural, 

14 and other expenses incurred in the conduct of 

15 the affairs of the Tribe and legal fees as ap16 proved by the Cowlitz Tribal Council. 

17 (k) GENERAL CONDITIONS.—

18 (1) IN GENERAL.—The conditions stated in this 

19 subsection apply to the management and use of all 

20 funds available under this title by the Cowlitz Tribal 

21 Council. 

22 (2) ADMINISTRATIVE COSTS.—Not more than 

23 10 percent of the interest earned on the principal 

24 designated for the program under any subsection, 

25 except the programs under subsections (i) and (j), 
21

•S 1955 IS 

1 may be used for the administrative costs of the pro2 gram. 

3 (3) NO SERVICE AREA.—

4 (A) IN GENERAL.—No service area is im5 plied or imposed under any program under this 

6 title. 

7 (B) MEMBERS OUTSIDE SERVICE AREA.—

8 If the costs of administering any program 

9 under this Act for the benefit of tribal members 

10 living outside the Tribe’s Indian Health Service 

11 area are greater than 10 percent of the interest 

12 earned on the principal designated for that pro13 gram, the Cowlitz Tribal Council may authorize 

14 the expenditure of such funds for that program. 

15 (3) APPROVAL.—Before any expenditures, the 

16 Cowlitz Tribal Council shall approve all programs 

17 and shall publish in a publication of general circula18 tion regulations that provide standards and priorities 

19 for programs under this title. 

20 (4) APPLICABILITY OF OTHER LAW.—Section 7 

21 of the Indian Tribal Judgment Funds Use or Dis22 tribution Act (25 U.S.C. 1407) shall apply to funds 

23 available under this title. 

24 (5) APPEAL.—
22

•S 1955 IS 

1 (A) IN GENERAL.—Any tribal member who 

2 believes that he or she has been unfairly denied 

3 the right to take part in any program under 

4 this title may appeal to the tribal secretary. 

5 (B) RESOLUTION.—The tribal secretary 

6 shall bring the appeal to the Cowlitz Tribal 

7 Council for resolution. 

8 (C) TIMELY RESPONSE.—The resolution 

9 shall be made in a timely manner, and the trib10 al secretary shall respond to the tribal member. 

11 TITLE III—ASSINIBOINE AND 

12 SIOUX TRIBES OF THE FORT 

13 PECK RESERVATION 

14 SEC. 301. SHORT TITLE. 

15 This title may be cited as the ‘‘Assiniboine and Sioux 

16 Tribes of the Fort Peck Reservation Judgment Fund Dis17 tribution Act of 2003’’. 

18 SEC. 302. FINDINGS. 

19 Congress finds that—

20 (1) on December 18, 1987, the Assiniboine and 

21 Sioux Tribes of the Fort Peck Reservation and 5 in22 dividual Fort Peck tribal members filed a complaint 

23 in the United States Claims Court (currently the 

24 Court of Federal Claims) in the case of Assiniboine 

25 and Sioux Tribes of the Fort Peck Reservation v. 
23

•S 1955 IS 

1 United States of America, Docket No. 773–87–L, to 

2 recover interest earned on trust funds while those 

3 funds were held in special deposit accounts and In4 dian Moneys–Proceeds of Labor accounts; 

5 (2) the Court held that the United States was 

6 liable for any income derived from investment of the 

7 trust funds of the Tribe and individual members of 

8 the Tribe for the period during which those funds 

9 were held in special deposit accounts and Indian 

10 Moneys–Proceeds of Labor accounts; 

11 (3) on December 31, 1998, the plaintiffs en12 tered into a settlement with the United States for 

13 claims made in the case for payment by the United 

14 States of—

15 (A) $1,339,415.33, representing interest 

16 earned on funds while held in special deposit 

17 accounts at the Fort Peck Agency during the 

18 period August 13, 1946, through September 30, 

19 1981; 

20 (B) $2,749,354.41, representing—

21 (i) interest on the principal indebted22 ness for the period from August 13, 1946, 

23 through July 31, 1998; plus 

24 (ii) $364.27 in per diem interest on 

25 the principal indebtedness for each day 
24

•S 1955 IS 

1 during the period commencing August 1, 

2 1998, and ending on the date on which the 

3 judgment is paid; and 

4 (C) $350,000, representing the litigation 

5 costs and attorney’s fees that the Tribe in6 curred to prosecute the claims; 

7 (4) the terms of the settlement were approved 

8 by the Court on January 8, 1999, and judgment was 

9 entered on January 12, 1999; 

10 (5) on March 18, 1999, $4,522,551.84 was 

11 transferred to the Department of the Interior; 

12 (6) that judgment amount was deposited in an 

13 escrow account established to provide—

14 (A) $350,000 for the payment of attor15 ney’s fees and expenses; and 

16 (B) $4,172,551.84 for pending Court-or17 dered distribution to the Tribe and individual 

18 Indian trust beneficiaries; 

19 (7) on January 31, 2001, the Court approved 

20 a joint stipulation that established procedures for—

21 (A) identification of the class of individual 

22 Indians having an interest in the judgment; 

23 (B) notice to and certification of that 

24 class; and
25

•S 1955 IS 

1 (C) the distribution of the judgment 

2 amount to the Tribe and affected class of indi3 vidual Indians; 

4 (8)(A) on or about February 14, 2001, in ac5 cordance with the Court-approved stipulation, 

6 $643,186.73 was transferred to an account estab7 lished by the Secretary for the benefit of the Tribe; 

8 and 

9 (B) that transferred amount represents—

10 (i) 54.2 percent of the Tribe’s estimated 

11 26-percent share of the amount referred to in 

12 paragraph (6)(B); plus 

13 (ii) 50 percent of the Tribe’s estimated 26-

14 percent share of interest and capital gains 

15 earned on the judgment amount from the pe16 riod beginning March 18, 1999, and ending on 

17 December 31, 2000; 

18 (9) under the Court-approved stipulation—

19 (A) that transferred amount is to remain 

20 available for use by the Tribe in accordance 

21 with a plan adopted under the Indian Tribal 

22 Judgment Funds Use or Distribution Act (25 

23 U.S.C. 1401 et seq.); 

24 (B) the Tribe will most likely receive addi25 tional payments from the distribution amount 
26

•S 1955 IS 

1 once the identification of all individuals eligible 

2 to share in the distribution amount is completed 

3 and the pro rata shares are calculated; and 

4 (C) those additional payments would in5 clude—

6 (i) the balance of the share of the 

7 Tribe of the distribution amount and in8 vestment income earned on the distribution 

9 amount; 

10 (ii) the portion of the distribution 

11 amount that represents income derived on 

12 funds in special deposit accounts that are 

13 not attributable to the Tribe or any indi14 vidual Indian; and 

15 (iii) the portion of the distribution 

16 amount that represents shares attributable 

17 to individual Indians that—

18 (I) cannot be located for pur19 poses of accepting payment; and 

20 (II) will not be bound by the 

21 judgment in the case referred to in 

22 paragraph (1); and 

23 (10) under the Indian Tribal Judgment Funds 

24 Use or Distribution Act (25 U.S.C. 1401 et seq.), 

25 the Secretary is required to submit to Congress for 
27

•S 1955 IS 

1 approval an Indian judgment fund use or distribu2 tion plan. 

3 SEC. 303. DEFINITIONS. 

4 In this title: 

5 (1) COURT.—The term ‘‘Court’’ means the 

6 Court of Federal Claims. 

7 (2) DISTRIBUTION AMOUNT.—The term ‘‘dis8 tribution amount’’ means the amount referred to in 

9 section 302(6)(B). 

10 (3) JUDGMENT AMOUNT.—The term ‘‘judgment 

11 amount’’ means the amount referred to in section 

12 302(5). 

13 (4) PRINCIPAL INDEBTEDNESS.—The term 

14 ‘‘principal indebtedness’’ means the amount referred 

15 to in section 302(3)(A). 

16 (5) TRIBE.—The term ‘‘Tribe’’ means the As17 siniboine and Sioux Tribes of the Fort Peck Res18 ervation. 

19 SEC. 304. DISTRIBUTION OF JUDGMENT FUNDS. 

20 (a) IN GENERAL.—Notwithstanding any provision of 

21 the Indian Tribal Judgment Funds Use or Distribution 

22 Act (25 U.S.C. 1401 et seq.), the share of the Tribe of 

23 the distribution amount, and such additional amounts as 

24 may be awarded to the Tribe by the Court with respect 
28

•S 1955 IS 

1 to the case referred to in section 302(1) (including any 

2 interest accrued on those amounts)—

3 (1) shall be made available for tribal health, 

4 education, housing, and social services programs of 

5 the Tribe, including—

6 (A) educational and youth programs; 

7 (B) programs for improvement of facilities 

8 and housing; 

9 (C) programs to provide equipment for 

10 public utilities; 

11 (D) programs to provide medical assistance 

12 or dental, optical, or convalescent equipment; 

13 and 

14 (E) programs to provide senior citizen and 

15 community services; and 

16 (2) shall not be available for per capita dis17 tribution to any member of the Tribe. 

18 (b) BUDGET SPECIFICATION.—The specific programs 

19 for which funds are made available under subsection 

20 (a)(1), and the amount of funds allocated to each of those 

21 programs, shall be specified in an annual budget developed 

22 by the Tribe and approved by the Secretary. 

23 SEC. 305. APPLICABLE LAW. 

24 Except as provided in section 304(a), all funds dis25 tributed under this title are subject to sections 7 and 8 
29

•S 1955 IS 

1 of the Indian Tribal Judgment Funds Use or Distribution 

2 Act (25 U.S.C. 1407, 1408).

3 TITLE IV—UTU UTU GWAITU 

4 PAIUTE INDIAN LAND TRANSFER 

5 SEC. 401. TRANSFER. 

6 Section 902(b) of the California Indian Land Trans7 fer Act (114 Stat. 2921) is amended—

8 (1) by striking ‘‘3,525.8’’ and inserting 

9 ‘‘3,765.8’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(9) UTU UTU GWAITU PAIUTE TRIBE.—Lands 

12 to be held in trust for the Utu Utu Gwaitu Paiute 

13 Tribe, Benton Paiute Reservation are comprised of 

14 approximately 240 acres described as follows: 

15 ‘‘Mount Diablo Base and Meridian 

16 ‘‘Township 2 South, Range 31 East 

17 ‘‘Section 11: 

‘‘SE1⁄2 and E1⁄2 of SW1 18 ⁄4.’’.

Æ